§ 5-78. Hearing to determine compliance with dangerous dog requirements.

(a)

V.T.C.A., Health and Safety Code § 822.0423 provides that a municipal court may conduct a hearing to determine whether the owner of a dangerous dog has complied with the requirements for the owner of a dangerous dog.

(b)

Upon an application from any person, the municipal court shall conduct a hearing to determine compliance with dangerous dog requirements.

(c)

A municipal court judge shall conduct a hearing to determine whether the preponderance of the evidence supports the allegation that the owner has failed to comply with dangerous dog requirements.

(d)

The municipal court judge shall be the finder of fact.

(e)

At the conclusion of the hearing, if the municipal court judge finds that the owner has failed to comply with the dangerous dog requirements, the judge shall order the seizure of the dog in accordance with V.T.C.A., Health and Safety Code § 822.042.

(f)

An owner or the person who filed the application for the hearing may appeal the decision of the municipal court in the manner provided for the appeal of cases from municipal court.

(g)

The municipal court judge may compel the attendance of the applicant, any known witnesses, the dog owner against whom the application was filed, and the director or his representative who investigated. Any interested party, including the city attorney or an assistant city attorney, may present evidence at the hearing.

(Ord. No. 2017-10-05-0755 , § 1, 10-5-17)