§ 6-38. Hearing on violations; disposition of a dangerous dog.

(a)

Upon determination by an animal services officer that an owner or harborer has failed to keep a dangerous dog in compliance with this division or upon an owner's or harborer's failure to provide the required information under subsection 6-35(a) to recover a dangerous dog after the municipal court's determination, animal services shall request a hearing before the municipal court to determine the disposition of the dangerous dog.

(b)

Animal services is authorized to impound any dangerous dog that is not kept in compliance with this division until a hearing is held pursuant to this section. If the owner or harbor does not deliver the dangerous dog or refuses to relinquish the dangerous dog to animal services, the municipal court may order animal services to seize the dangerous dog after issuing a warrant authorizing the seizure.

(c)

The municipal court, on receiving a request for a hearing under this section, shall set a time for a hearing to determine whether the owner or harborer of a dangerous dog has complied with all the requirements of this division. The hearing must be held not later than the tenth day after the date on which the dangerous dog is seized or delivered.

(d)

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

(e)

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

(f)

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

(g)

The municipal court shall make a determination, based on the preponderance of evidence presented, whether the owner or harborer of the dangerous dog has complied with all the requirements of this division.

(h)

If the municipal court finds that the owner or harborer has complied with all of the requirements of this division, the municipal court shall order animal services to return the dangerous dog to the owner or harborer.

(i)

If the municipal court finds that the owner or harborer has failed to comply with the requirements of this division, the municipal court shall order one of the following:

(1)

The humane destruction of the dangerous dog on or after the eleventh day after the date of the order;

(2)

The immediate removal of the dangerous dog from the city, provided that if such dog is found at any time to be within the city on or after the eleventh day after the date of the order, the court will order animal services to seize the dangerous dog after issuing a warrant authorizing the seizure, and order the humane destruction of such dangerous dog; or

(3)

The return of the dangerous dog to the owner or harborer upon full payment of the cost of seizure, impound, and care to animal services.

(j)

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, the court shall not order the destruction of the dangerous dog and animal services shall retain custody. The 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)