§ 6-34. Hearing on dangerous dog final determination.

(a)

The municipal court, on receiving a request for a hearing pursuant to section 6-33, shall set a time for a hearing to determine whether the dog is a dangerous dog. The hearing must be held not later than the tenth day after the date on which the dog was seized or delivered.

(b)

The municipal court shall give written notice of the time and place of the hearing to the owner or harborer of the dog and to animal services.

(c)

Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.

(d)

The municipal court shall make a determination, based on the preponderance of evidence presented, whether the dog is a dangerous dog as defined by this chapter.

(e)

If the owner or harborer of the dog does not appear at the hearing, the municipal court may proceed with evidentiary findings without the owner's or harbor's presence.

(f)

If the municipal court determines that the dog is a not a dangerous dog, the court shall order animal services to return the dog to the owner or harborer.

(g)

If the municipal court determines that the dog is a dangerous dog, the court shall order the owner or harborer to meet the requirements to recover the dangerous dog under subsection 6-35(a).

(h)

The municipal court shall give written notice of the court's determination and order to the owner or harborer of the dog.

(i)

The owner or harborer may appeal the decision of the municipal court in the manner described by V.T.C.A., Health and Safety Code § 822.0424, as amended. During the pendency of such appeal, animal services will retain custody of the dangerous dog. The municipal court shall determine the estimated costs to house and care for the impounded dangerous dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.

(Ord. No. 2018-001, § 2, 11-6-18)