§ 6-105. Appeals.

(a)

Any person aggrieved by any of the following decisions, rulings, actions, or findings set out herein may, within ten (10) days thereafter, file a written notice of appeal from said decision, ruling, action or finding to the Tupelo Municipal Court for an administrative hearing thereon:

(1)

The determination that a dog is a dangerous dog;

(2)

The denial of a permit; or

(3)

The replication of a permit.

(b)

An administrative fee of fifty dollars ($50.00) shall be paid to the municipal court clerk for each appeal to the municipal court. No appeal shall be set for hearing until such fee has been paid.

(c)

The filing of an appeal under this subsection shall not stay any action pursuant to this article.

(d)

The hearing of the appeal shall be conducted by the Judge of the Tupelo Municipal Court who shall act as an administrative judge for purposes of this article. The sole issue for determination shall be whether the decisions, rulings, actions or findings of the Tupelo Lee - Humane Society and/or the city were supported by substantial evidence and not arbitrary or capricious in nature.

(e)

The Tupelo Municipal Court is empowered to hold hearings, subpoena witnesses, take testimony, and require the production of any evidence relating to the matter being heard. In the case of the refusal of any person to comply with a subpoena issued hereunder or to testify in any manner regarding which he or she may be lawfully questioned, the Tupelo Municipal Court may order such person to comply with such subpoena and testify.

(f)

Any aggrieved party may appeal the decision and findings of the Tupelo Municipal Court pursuant to law. However, the filing of such appeal under this subsection shall not stay any action pursuant to this article.

(Ord. of 7-5-16(1), § 1)