§ 10-112. Dangerous animal determination.

(a)

Animal services officer.

(1)

The animal services officer may determine that an animal is a dangerous animal after investigation of a dangerous animal incident as defined in section 10-2 of this chapter.

(2)

If, after investigating a dangerous animal incident, the animal services officer finds that the animal is a dangerous animal, the animal services officer shall provide notice to the owner of that fact. The notice to the owner shall also contain a statement that the owner has a right to appeal and shall have attached to it a copy of this article.

(3)

Notice to the owner shall be mailed certified mail, return receipt requested, to the owner's last known mailing address, or delivered in person. If the notice is mailed to the owner and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered. If the notice is given by mail, the date of notice is the date of delivery. If the date of delivery is not known, then notice given by mail is deemed to be delivered three (3) days after the date it is placed in a mail receptacle of the United States Postal Service. Notice that is delivered in person is deemed received on the date of in-hand delivery or on the date that the notice is left firmly affixed on or near the front door of each building on the property at the owner's address.

(4)

An owner, not later than fifteen (15) calendar days after the date the owner is notified that an animal owned by him is a dangerous animal, may appeal the determination of the animal services officer to the Haltom City Municipal Court or as otherwise allowed by law. An owner may appeal the decision of the municipal court as allowed by law.

(b)

Complaint to municipal court.

(1)

A person, including the animal services officer, may report an incident described by the definition of dangerous animal as contained in section 10-2 of this chapter to the municipal court by filing a sworn complaint detailing the incident. The judge of the municipal court shall review each report filed pursuant to this section and shall issue a warrant authorizing the animal services officer to seize the animal in question only upon a showing of probable cause to believe that the animal complained of meets the definition of dangerous animal.

(2)

Upon receipt of a warrant from the judge of the municipal court issued pursuant to subsection (b)(1) of this section, the animal control officer shall seize the animal and impound the animal in secure and humane conditions until the municipal court orders the disposition of the animal.

(Ord. No. O-2013-004-04, § 1, 3-25-13)