§ 14-42. Dangerous dogs.

(a)

Florida Statutes §§ 767.10 through 767.15, as may be amended, are incorporated into this section. In the event of any conflict such Florida Statutes shall control.

(b)

The department shall investigate complaints of dangerous dogs and carry out any classification of a dog as dangerous in the following manner:

(1)

The department shall investigate reported incidents involving any dog that may be dangerous as defined herein, and shall, if possible, interview the owner. A sworn affidavit from any person, including any animal control officer or law enforcement officer desiring to have a dog classified as dangerous, shall be required as part of the investigation.

(2)

"Dangerous dog" means any dog that according to the records of the department, or any authority with jurisdiction in the state:

a.

Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

b.

Has more than once severely injured or killed a domestic animal while off the owner's property; or

c.

Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

(3)

Any animal that is the subject of an investigation under this section that is not impounded with the department shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcomes of the investigation and resolution of any hearings related to the dangerous dog classification. Regardless of where a dog is impounded or confined, the owner shall supply the department the address where the dog resides. The owner shall also provide the department, in writing, with an address for where notifications are to be sent regarding this section. No dog that is the subject of an investigation under this section shall be relocated or ownership of such dog transferred while the outcome of an investigation or any hearings or appeals are pending related to the determination of a dangerous dog classification.

(4)

After the investigation, the department shall make an initial determination whether there is sufficient cause to classify the dog as dangerous based upon the totality of the reported circumstances, and shall afford the owner an opportunity for a hearing prior to final classification of the dog as "dangerous." Upon making an initial determination, the department shall provide written notification to the owner by registered mail, hand delivery or service in conformance with the provisions of F.S. ch. 48, as may be amended.

(c)

The owner may file a written request with the department for a hearing within seven calendar days from the date of receipt of the notice of the department's initial determination, and, if requested, a hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than five days after receipt of the request by the department from the owner. The written request must include an address to which future notices to the owner are to be delivered. The owner shall be responsible for updating the address, in writing, to the department, if necessary. A hearing shall be conducted by a dangerous dog hearing board, an administrative body, as appointed by the county administrator, or his designee. Procedures governing the hearing shall be established by resolution duly adopted by the board of county commissioners after the effective date of the ordinance from which this chapter derived and prior to any action by the department to determine whether a dog is dangerous.

(d)

The dangerous dog hearing board shall either agree or disagree with the department's initial determination regarding a dangerous dog classification and may consider the following, but not be limited to:

(1)

Volume of complaints;

(2)

Nature of complaints;

(3)

Any unprovoked threat, chase or attack on a person which is attested to in a sworn statement;

(4)

Multiple attacks on domestic animals while off the owner's property;

(5)

Testimony or other evidence as to the physical condition of the animal;

(6)

A physician's medical report(s), summaries and/or testimony related to injuries sustained;

(7)

Testimony or other evidence from the investigating agent(s) or officer(s);

(8)

Testimony or other evidence that the dog has been used for the purpose of, or is a dog trained for, dog fighting; and/or

(9)

Any other evidence it deems relevant.

(e)

The decision of the dangerous dog hearing board to classify the dog as dangerous shall be provided to the owner by the department at the address provided by the owner, by registered mail, hand delivery or service consistent with F.S. ch. 48, as may be amended, within 14 calendar days of the conclusion of the dangerous dog hearing. Any such decision shall be considered a final action by both the board and the department that a dog is classified as dangerous.

(f)

If the owner of the dog wishes to appeal the dangerous dog hearing board's decision to classify a dog as dangerous, he or she may file a written request for a hearing in the county court within ten business days after receipt of the hearing board's written decision upon payment of any applicable filing fees and/or administrative fees. Any person who decides to appeal the decision of the department as a result of the hearing will need a record of the proceedings, and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

(g)

Any animal that is the subject of an appeal that is not impounded with the department shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the appeal. Regardless of where a dog is impounded or confined, the owner shall supply the department the address where the dog resides. No dog that is the subject of an appeal shall be relocated or ownership of such dog transferred while the outcome of any appeal is pending related to the determination of a dangerous dog classification.

(h)

The owner of a dangerous dog must also pay to the department a registration fee set forth by resolution.

(i)

Hunting dogs are exempt from this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from this section when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this section. Dogs that have been classified as dangerous shall not be used for hunting purposes. This section does not apply to dogs used by law enforcement officials for law enforcement work.

(Ord. No. 16-29, § 3, 10-11-16)