§ 14-63. Complaints.

(a)

Upon a sworn complaint that a dog is a dangerous dog and the dog has caused or is likely in the future to cause serious injury or death to a person or other domestic animal, a district court magistrate or district court may issue a summons to the owner ordering him or her to appear to show cause why the dog should not be destroyed.

(b)

Upon the filing of a sworn complaint as provided in subsection (a), the court or magistrate may order the owner to immediately turn the dog over to a proper animal control authority, an incorporated humane society, a licensed veterinarian, or a boarding kennel, at the owner's option, to be retained by them until a hearing is held and decision is made for the disposition of the dog. The owner shall notify the person who retains the dog under this section of the complaint and order. The dog shall not be returned to the owner until it has a current rabies vaccination if ordered by the court, and a license if otherwise required by law.

(c)

After a hearing, the magistrate or court shall order the destruction of the dog, at the expense of the owner, if the dog is found to be a dangerous dog that caused serious injury or death to a person or a domesticated animal. After a hearing, the court may order the destruction of the dog, at the expense of the owner, if the court finds that the dog is a dangerous dog that did not cause serious injury or death to person but is likely in the future to cause serious injury or death to a person, or in the past has been adjudged a dangerous dog.

(d)

If the court or magistrate finds that a dog is a dangerous dog but has not caused serious injury or death to a person, the court or magistrate shall notify the animal control authority for the city of the finding of the court, the name of the owner of the dangerous dog, and the address at which the dog was kept at the time of the finding of the court. In addition, the court or magistrate may order the owner of the dog to do one or more of the following:

(1)

If the dog is of the Canis familiaris species, having an identification number tattooed upon the dog, at the owner's expense, by or under the supervision of a licensed veterinarian. The identification number shall be assigned to the dog by the animal control officer and shall be noted in his records. The identification number shall be tattooed on the upper inner right rear thigh of the dog by means of indelible or permanent ink.

(2)

Take specific steps, such as escapeproof fencing or enclosure, to ensure that the dog cannot escape or nonauthorized individuals cannot enter the premises.

(3)

Take any other action appropriate to protect the public.

(Code 1970, § 12.114)