§ 5-84. Appeal of aggressive dog determination to municipal court.

(a)

An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice of the determination by:

(1)

Filing a written notice of appeal of the department's aggressive dog determination to municipal court;

(2)

Attaching a copy of the determination from the department; and

(3)

Serving a copy of the notice of appeal to the department by certified mail.

(b)

A municipal court judge shall conduct a hearing to determine whether the preponderance of the evidence supports the aggressive dog determination.

(c)

The municipal court judge shall be the finder of fact. As such, the municipal court judge may compel the attendance of the complainant, any known witnesses, the dog owner against whom the complaint was filed, and department staff who investigated. Failure of the owner of the animal to appear at the hearing shall result in a final classification with no further appeal. The owner may be represented by counsel.

(d)

At the conclusion of the hearing, the municipal court may affirm or reverse the aggressive dog determination.

(e)

The result of the administrative appeal hearing is final.

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