(A) Purpose and intent. The purposes of this ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Hollywood. It is intended to be applicable to "dangerous" dogs, as defined herein by ensuring responsible handling by their owners through registration, confinement, and liability insurance.
(B) Definitions. When used in this section, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL CONTROL OFFICER. The City's Animal Control Officer, or any other designee of the City Manager.
AT LARGE. A dog that is not under the direct control of the owner.
DANGEROUS DOG. Any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner or custodian. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that according to the records of either the City's Office of Code Enforcement, Broward County Animal Control, or any law enforcement agency:
(1) Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, 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 any of the above-referenced authorities;
(2) Has more than once severely injured or killed a domestic animal while off the owner's property; or
(3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
DIRECT CONTROL. Immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the
dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of government police dogs.
DIRECTOR. The Director of the Office of Code Enforcement.
IMPOUNDMENT. The act of taking or picking up and confining an animal pursuant to Broward County's rules, regulations and ordinances.
MUZZLE. A device constructed of strong, soft material or of metal, designated to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
OWNER. Any person, partnership, corporation or the legal entity owning, harboring or keeping any animal, or in the case of a person under the age of 18, that person's parent or legal guardian. An animal shall be deemed to be harbored if it is observed on the premises for three or more consecutive days in any 30 day period. This definition shall not apply to any veterinary clinic or boarding kennel.
SANITARY CONDITION. A condition of good order and cleanliness to minimize the possibility of disease transmission.
UNDER RESTRAINT. That an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.
(C) Procedure for declaring a dog dangerous. An animal control officer or law enforcement officer, may declare that a dog be classified as dangerous as defined in subsection (B) above, based upon his own personal observation, or based upon a sworn, written complaint on a form approved by the Director of the Office of Code Enforcement.
(D) Notification of dangerous dog declaration.
(1) Within five business days after declaring a dog dangerous, the Animal Control Officer shall notify the owner by certified mail of the dog's designation as a dangerous dog and any specific restriction and conditions for keeping the dog, as set forth in subsection (G) below. The Animal Control Officer also shall notify the City Manager or his/her designee and the Police Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirement or conditions placed upon the dog owner.
(2) The notice shall inform the dog owner that he may request, in writing, a hearing to contest the Animal Control Officer's or law enforcement officer's finding and designation within five business days after delivery of the dangerous dog declaration notice.
(E) Hearing on dangerous dog declaration.
(1) Upon receiving the dog owner's written request for a hearing, such hearing shall be held before the City's Special Magistrate pursuant to the hearing procedure set forth in Chapter 36 of this code. The Clerk for the Special Magistrate shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.
(2) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this section shall include but not be limited to the following:
(a) Provocation,
(b) Severity of attack or injury to a person or domestic animal,
(c) Previous aggressive history of the dog,
(d) Observable behavior of the dog,
(e) Site and circumstances of the incident, and
(f) Statements from interested parties.
(3) A determination at a hearing that the dog is in fact a dangerous dog is defined in subsection (A) above, shall subject the dog and its owner to the provisions of this section.
(4) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this ordinance.
(F) Appeal from dangerous dog declaration. If the Special Magistrate determines that a dog is dangerous at the conclusion of a hearing conducted under subsection (E), that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within 30 days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Special Magistrate's determination of dangerousness.
(G) Keeping of dangerous dogs. The keeping of a dangerous dog as defined in subsection (A) above shall be subject to the following requirements:
(1) Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(2) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosures unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
(3) Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
(a) The structure must have secure sides and a secure top, or all sides must be set at least eight feet high;
(b) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one foot into the ground; and
(c) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(4) Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(5) Signs. All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog."
(6) Notification of Escape. The owner or keeper of a dangerous dog shall notify the Animal Control Officer or Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(7) Failure to comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Office of Code Enforcement to fail to comply with the requirements and conditions set forth in this section. Any dog found to be in violation of this section shall be subject to immediate seizure and impoundment pursuant to the regulations and procedures set forth by Broward County.
(H) Permit and tag required for a dangerous dog.
(1) The owner of a dangerous dog shall, within three business days after the classification of the dog as dangerous or upon acquisition of such dog, obtain an annual permit from the Office of Code Enforcement to harbor the dog. The fee for such permit shall be established by resolution of the City Commission.
(2) At the time the permit is issued, a red circular tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.
(3) The permit for maintaining a dangerous dog shall be presented to an animal control officer, law enforcement officer or the Director of Code Enforcement, upon demand.
(I) Impoundment. Nothing in this ordinance shall effect the impoundment regulations and procedures established by Broward County and administered by the Broward County Animal Shelter.
(J) Charge of ownership.
(1) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten business days after such change of ownership or residence, provide written notification to the Office of Code Enforcement of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Office of Code Enforcement along with written acknowledgement by the new owner of his receipt of such notification. The Director or his/her designee shall notify the Police Department of any changes of ownership, custody or residence of the dog within three business days after receiving the required information from the previous dog owner.
(2) Continuation of dangerous dog declaration. Any dog that has been declared dangerous by any agency or department of this City, another municipality, county, or state shall be subject to the provisions of this ordinance for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the Office of Code Enforcement of the dog's address and conditions of maintenance within ten days of moving the animal into the City of Hollywood. The restrictions and conditions of maintenance of any dog declared dangerous by this City, another municipality, county, or state shall remain in force while the dog remains in the City.
(Ord. 0-99-39, passed 11-3-99; Am. Ord. O-2005-02, passed 3-2-05; Am. Ord. O-2005-12, passed 7-6-05)
Penalty, see § 92.99