§142-75  Human bitten by dog; duty of dogowners; action against owner.  (a)  The owner of any dog that has bitten ahuman being shall have the duty to take such reasonable steps as are necessaryto prevent the recurrence of such incident.

(b)  Whenever a dog has bitten a human being onat least two separate occasions for which none of the exceptions specified insection 663-9.1 apply, any person may bring an action against the owner of thedog in the district court of the judicial circuit in which the owner resides,to determine whether conditions of the treatment or confinement of the dog orother circumstances existing at the time of the bites have been changed so asto remove the danger to other persons presented by such animal.  The court,after hearing, may make any order it deems appropriate to prevent therecurrence of such an incident, including but not limited to the removal of theanimal from the area or its destruction by its owner.  In making its decision,the court may consider:

(1)  The vicious or dangerous propensities of theanimal;

(2)  The ability of the owner to adequately confine orremove the animal; and

(3)  The necessity of any destruction of an animal inlight of the health, safety, and welfare of the community.

This section shall not preclude any existing commonlaw remedies.

(c)  Each county may enact and enforceordinances regulating persons who own, harbor, or keep any dog that has bitten,injured, or maimed a person.  No ordinance enacted under this subsection shallbe held invalid on the ground that it covers any subject or matter embracedwithin any statute or rule of the State; provided that the ordinance shall notaffect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30,2001, the ordinance shall have full force and effect; provided that theordinance is consistent with this section. [L 1980, c 283, §2; am L 2001, c222, §2]