(a) If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within ten (10) days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction to a court authorized to hear the appeal.
(1) If the original hearing held was before a hearing entity other than the municipal court of the jurisdiction, appeal shall be to the municipal court.
(2) If the original hearing was held in the municipal court, appeal shall be to the Fifth District Court of Appeals within the judicial district wherein the dog is owned or kept.
The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.
(b) The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this Chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods as set forth above. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence.
(c) If the court rules the dog to be dangerous or vicious, the court may establish a time schedule to ensure compliance with this Chapter, but in no case more than thirty (30) days subsequent to the date of the court's determination or thirty-five (35) days if the service of the judgment is by first-class mail.
(d) The court or hearing entity of original jurisdiction or the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.
(e) The determination of the court hearing the appeal shall be final and conclusive upon all parties.