§ 4-13-19. Order to confine or kill vicious dog — Subsequent damages.
(a) If any person, or any member of his or her family shall be assaulted by any dog, out
of the enclosure of its owner or keeper, or if any person shall have reason to believe
that any dog will, out of that enclosure, do any injury to his or her person, family
or property, and shall make complaint under oath, to any judge of the district court,
that judge shall issue a summons to the owner or keeper of the dog, to appear before
the division of the district court having jurisdiction of the case; and if, on examination,
the court shall believe that the assault is proved, or t
Free access — add to your briefcase to read the full text and ask questions with AI
§ 4-13-19. Order to confine or kill vicious dog — Subsequent damages.
(a) If any person, or any member of his or her family shall be assaulted by any dog, out
of the enclosure of its owner or keeper, or if any person shall have reason to believe
that any dog will, out of that enclosure, do any injury to his or her person, family
or property, and shall make complaint under oath, to any judge of the district court,
that judge shall issue a summons to the owner or keeper of the dog, to appear before
the division of the district court having jurisdiction of the case; and if, on examination,
the court shall believe that the assault is proved, or that the complaint has reasonable
grounds for the belief, it shall adjudge, and shall adjudge that the defendant pay
costs of the proceedings and award execution of the proceedings, otherwise the costs
shall be paid by the complainant; and the court shall issue written notice to the
owner or keeper, and the owner or keeper shall forthwith confine or kill the dog;
and if he or she neglects to kill the dog or keep the dog confined, 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 use of the city or town, and any person may
kill the dog; and if, after that notice, the dog wounds or injures any person, or
shall, elsewhere than on its owner'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 liable to pay the person injured triple damages with costs; and in all
cases of complaints under this section recognizance shall be given for costs, and
the fees and costs shall be the same as in other cases of complaints before the district
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 or keeper, has assaulted a person or
killed a domesticated animal and is dangerous, order the detention or destruction
of the dog.