§ 6-15.5 COMPLIANCE HEARING.
(a) The court, on appeal of the animal care and control authority's dangerous dog determination under § 6-15.4(c) or application by any person, including the animal care and control authority, and upon finding that the owner of a dangerous dog has failed to comply with § 6-15.8(b), shall set a time for a hearing. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered.
(b) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was seized; and
(2) The person who made the complaint.
(c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(d) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. An owner or person filing the action may appeal the decision of the municipal court in the manner described by Tex. Health & Safety Code § 822.0424.
(e) The court shall order the animal care and control authority to humanely destroy the dog if the owner has not complied with § 6-15.4(a) and (b) before the 11th day after the date on which the dog is seized or delivered to the animal care and control authority, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal under Tex. Health & Safety Code § 822.0424. If, based on the recommendation of the animal care and control authority, the court determines, either after a hearing or without a hearing, that the owner has complied with § 6-15.4(a) and (b) above before the 11th day after the date on which the dog is seized or delivered to the animal care and control authority, the court shall order the animal care and control authority to return the dog to the owner.
(f) An owner or person filing the action may appeal the decision of the municipal court in the manner described by Tex. Health & Safety Code § 822.0424. During the appeal period, the dog shall remain in the custody, care and control of the animal care and control authority. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed.
(g) The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure and rabies vaccination, and the cost of euthanasia of the dog if ordered by the court.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)