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ARTICLE 1. IN GENERAL Page 6 0[8 (b) Complaint. When a person reports a dangerous animal to the animal control authorities, the authorities shall investigate the report and notify the owner of the report. The animal control authority shall obtain a sworn written statement from at least one witness, describing at a minimum: the animal, the facts of the complaint, identity of any other known witness, and other information necessary or helpful to the investigation. (c) Investigation. The animal control authorities shall conclude the investigation no longer than ten (10) days after receipt of the report or sworn statement, which ever occurs later. Upon completion of investigation the animal control authorities shall either: (1) Close the case if it is determined that the report or complaint is unsubstantiated; or (2) Refer the case to the Animal Control Board for a hearing, if the report or complaint is substantiated. (d) Seizure pending disposition. Upon sworn application of the animal control authorities or a peace officer stating probable cause that the animal is dangerous and there is some reason to believe that the animal may endanger other persons before the investigation and any hearings or appeals can be completed, then a municipal court judge may issue a warrant authorizing the animal control authorities or peace officer to: (i) retain the animal if it has been captured at large or, (ii) enter the grounds of a building or dwelling to seize the animal and detain same, until disposition of the investigation and any hearing and appeal. The warrant shall not authorize entry inside a residential dwelling or building. (e) Notice. When a case is referred to the Animal Control Board for a hearing, then the animal control authorities will notify the animal's owner of the date, time, place and subject of the hearing. The notice shall be given not less than ten (10) days prior to the date of the hearing, excluding date of the hearing. Notice is adequate when a copy is timely served to the owner by any of the following methods: certified mail to the owner's last known address (return receipt requested); or personal service; or securely affixing a copy to the front door of the owner's residence or place of business. When certified mail is used, the animal control authorities shall add an additional three days to the notice period. (f) Hearing. The Animal Control Board shall then hear the complaint and the dog owner's defense, if any. After hearing the facts, the Animal Control Board shall determine whether the animal is considered a dangerous animal. When the animal is determined to be dangerous, then the animal's owner shall comply with State law requirements concerning dangerous dogs, regardless of the animal's species. (g) Appeal. (1) The owner may appeal the Board's decision to Municipal Court within fifteen (15) days of the decision for a hearing de novo. If the Municipal Court Clerk receives a written appeal notice within fifteen (15) days of the decision, the Board's determination shall be suspended pending the Municipal Court Judge's final decision. The Board's decision may be affirmed, reversed or modified. The Board or a representative shall furnish the Municipal Court Judge with all reports, memoranda and other tangible evidencereceived by them, as well as a summary of the evidence and the Board's findings. The Municipal Court hearing shall be de novo. An owner may appeal a decision of the municipal court to the county court at law, in accordance with Chapter 30 of the Texas Government Code, as amended. Following a finding that the animal is dangerous, each day the owner fails to comply with the state law requirements for dangerous dogs (regardless of species of the animal), shall constitute a separate violation of this chapter. (2) The Municipal Court Judge may compel the attendance of complainant, any known witnesses, the animal owner against whom the complaint was filed, and the Director of Animal Control Authority or his representative who presided over the original hearing. At this appeals hearing, the City shall be represented by the City Attorney or an assistant. http://library4.municode.com/mcc/Doc View/11818/1I113/115/116 7/28/2006 r'o