§ 4-13-19 - Order to confine or kill vicious dog – Subsequent damages.
SECTION 4-13-19
§ 4-13-19 Order to confine or kill viciousdog – Subsequent damages. – (a) If any person, or any member of his or her family shall be assaulted by anydog, out of the enclosure of its owner or keeper, or if any person shall havereason to believe that any dog will, out of that enclosure, do any injury tohis or her person, family or property, and shall make complaint under oath, toany judge of the district court, that judge shall issue a summons to the owneror keeper of the dog, to appear before the division of the district courthaving jurisdiction of the case; and if, on examination, the court shallbelieve that the assault is proved, or that the complaint has reasonablegrounds for the belief, it shall adjudge, and shall adjudge that the defendantpay costs of the proceedings and award execution of the proceedings, otherwisethe costs shall be paid by the complainant; and the court shall issue writtennotice to the owner or keeper, and the owner or keeper shall forthwith confineor kill the dog; and if he or she neglects to kill the dog or keep the dogconfined, he or she shall forfeit the sum of not less than twenty-five dollars($25.00) nor more than one hundred dollars ($100), to be recovered for the useof the city or town, and any person may kill the dog; and if, after thatnotice, the dog wounds or injures any person, or shall, elsewhere than on itsowner's or keeper's premises, worries, wounds or kills any neat-cattle, sheep,lamb, geese or fowl, or does any other mischief, the owner or keeper is liableto pay the person injured triple damages with costs; and in all cases ofcomplaints under this section recognizance shall be given for costs, and thefees and costs shall be the same as in other cases of complaints before thedistrict court.
(b) The district court judge may, in his or her discretion,if the court determines the dog, while out of the enclosure of its owner orkeeper, has assaulted a person or killed a domesticated animal and isdangerous, order the detention or destruction of the dog.