§ 2-4-10. Vicious animals and dangerous dogs.

(a)

Vicious animals.

(1)

The owner or custodian of a dog or cat will be in violation of this ordinance if their dog or cat, when unprovoked, bites, attacks, endangers, or inflicts injury on a human, domestic animal, or livestock; or causes damage to property, while on public or private property; or chases or approaches an individual upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.

(2)

The owner shall not be found in violation of this section for any injury to a person who, at the time such injury was sustained, was committing a willful trespass or other tort or crime upon premises occupied by the owner of the dog or cat or was teasing, tormenting, abusing, or assaulting the dog or cat.

(3)

Violations of this section may constitute proof of "prior knowledge of a dog's dangerous propensities" under Section 767.13(2), Florida Statutes (2005).

(b)

Dangerous dogs. The provisions of Chapter 767, Florida Statutes (2005), pertaining to dangerous dogs are adopted in their entirety as a part of this ordinance. All procedures, regulations, requirements, and restrictions pertaining to dangerous dogs are applicable under this ordinance, and a violation of the statute shall constitute a violation of this ordinance. Each day the owner of a dangerous dog fails to comply with the requirements of this section or the requirements of Section 767.12, Florida Statutes (2005), shall constitute a separate and distinct offense.

(1)

Administrative procedures shall be approved by the county administrator, or his or her designee, regarding dangerous dog investigations, hearings, and appeals. The procedures may be amended or modified, from time to time, by the county administrator or his or her designee.

(2)

The division will only issue certificates of registration and their renewals to individuals, who are at least eighteen (18) years of age, pay the appropriate fee, and present sufficient evidence of the requirements provided for in Section 767.12, Florida Statutes (2005). In addition to those requirements, the dog's owner must:

a.

Sterilize the dog within thirty (30) calendar days of being declared dangerous;

b.

Provide the division proof of a current health certificate for the dog issued by a veterinarian;

c.

Have the dog microchipped and registered to the owner at his or her current address;

d.

Post approved signage obtained from the division at intervals determined by the division and at all entrances to the property;

e.

Provide a secure enclosure to properly confine the dog, as determined by the division, which may be inside the owner's dwelling or a kennel which measures a minimum of four (4) feet by eight (8) feet, which does not share common fencing with the perimeter of the premises, and which consists of a top and sides made from at least eleven (11) gauge chain link wire secured to a concrete floor by embedding the wire in the concrete or by other means as preapproved by the division;

f.

Provide access to property and the dog for no less than two (2) inspections annually by the division to verify compliance with the provisions of this ordinance and Chapter 767, Florida Statutes (2005).

(3)

The division may provide notification to appropriate neighbors and the public advising them of the presence of a declared dangerous dog. Photographs of the dog may be used in providing the public with internet access to dangerous dog information.

(4)

The division may confiscate any dog classified as dangerous for euthanasia as a result of the owner's failure to comply with any or all requirements of Chapter 767, Florida Statutes (2005), or any requirement of this section. Should the division confiscate any dog under this section, notice of sufficient cause to confiscate the animal shall be provided in writing to the owner in accordance with Section 767.12, Florida Statutes (2005).

(5)

The dog shall be held for ten (10) business days after the owner is provided this written notice and thereafter destroyed in an expeditious and humane manner. The owner may request a hearing during this ten (10) business day period. If a hearing is held, the dog shall not be euthanized until all administrative proceedings have been concluded.

(c)

Previously declared dangerous dog; subsequent attack.

(1)

If a dog previously declared dangerous attacks or bites a human being or a domestic animal without provocation, in accordance with Section 767.13, Florida Statutes (2005), the owner is guilty of a criminal offense as set forth in this ordinance.

(2)

The owner shall be responsible for any boarding costs and other fees as may be required to humanely and safely keep the dog during any hearing or appeal procedure, including any and all investigative fees accrued by the division.

(3)

If the owner files a timely written request for a hearing, the division may not destroy the dog while the appeal is pending. The only exception would be to prevent unnecessary suffering by the animal as determined by two (2) veterinarians.

(Ord. No. 12-10, § 1, 5-8-12)