§ 6-75. Determination of dangerous dog.

(a)

Any dog owned or kept shall be determined to be dangerous if:

(1)

It makes an unprovoked attack on a person or other animals that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

(2)

It commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person or other animals.

(b)

If a person reports an incident described in subsection (a) above, the city's animal control officers may investigate the incident. If, after receiving the sworn statement of any witnesses, the city determines the dog is a dangerous dog, the city shall notify the owner in writing of the determination.

(c)

Not later than the fifteenth (15th) day after the date the city notifies an owner that a dog owned by the owner is a dangerous dog, the owner may appeal the city's determination to a justice, county, or municipal court of competent jurisdiction. To file an appeal the owner must:

(1)

File a notice of appeal of the city's dangerous dog determination with the court;

(2)

Attach a copy of the determination from the city; and

(3)

Serve a copy of the notice of appeal on the city by mailing the notice through the United States Postal Service.

(d)

A party may appeal the decision of the justice or municipal court to a county court or county court at law in Maverick County by filing a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken, not later than the tenth (10th) calendar day after the date the decision is issued.

(1)

An appellant is entitled to a jury trial on request.

(2)

A person filing an appeal from a municipal court is not required to file a motion for new trial to perfect an appeal.

(e)

A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law.

(Ord. No. 2018-20, § 1, 8-13-2018)