# Title 42 — Nuisances

## Chapter 42-03 — Dogs as Public Nuisance

### § 42-03-01. When dogs are a public nuisance.

Any dog that habitually molests a person traveling peaceably on the public road or street is
a public nuisance. Upon written complaint to a district or municipal judge describing the dog,
giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging
that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's
owner that a complaint has been filed that the dog has been molesting certain persons and that
the owner shall take the necessary action to prevent the dog from any further violations of this
chapter. If the district or municipal judge receives a further complaint regarding the dog after
notice has been given under this section, the judge shall issue a summons, if the owner is
known, commanding the owner to appear before the judge in the same manner as other court
summonses.
### § 42-03-02. Owner of dog not known.

If it appears from the complaint that the owner is not known, ten days' notice shall be given
by publication in one issue of a newspaper having wide circulation in the area. Such notice shall
contain a description of the dog as given in the complaint, a statement that such complaint has
been made, and the time and place of hearing thereon.
### § 42-03-03. Hearing - Judgment - Execution.

On the day of hearing the district or municipal judge shall hear the evidence in the case. If
the judge finds that the dog is a public nuisance, judgment must be entered accordingly, and the
judge shall order any peace officer to kill and bury the dog, which order the peace officer shall
forthwith execute.
### § 42-03-04. Costs.

Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the
owner is known, judgment shall be entered against the owner for such costs.
