§4-13-19  Order to confine or kill vicious dog – Subsequent damages. –


Published: 2015

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TITLE 4

Animals and Animal Husbandry

CHAPTER 4-13

Dogs

SECTION 4-13-19



   § 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.



History of Section.

(G.L. 1896, ch. 111, § 7; G.L. 1909, ch. 135, § 7; G.L. 1923, ch.

136, § 7; G.L. 1938, ch. 639, § 7; G.L. 1956, § 4-13-19; P.L.

1969, ch. 239, § 46; P.L. 1980, ch. 249, § 1.)