An Animal Control Officer shall conduct a probable cause investigation of reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and obtain a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have the dog classified as dangerous.
(A) It shall be deemed a violation of this section for the owner or person harboring or having the care or custody of the accused dog to violate any of the following provisions while the probable cause investigation or any related hearings are being conducted. Violations of this section will result in a $500.00 fine to the owner or person harboring or having the care or custody of a dog under investigation.
(1) Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined to a secure enclosure pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification.
(2) No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification unless approved by the Animal Control Division.
(3) The owner or person harboring or having the care or custody of a dog under investigation as dangerous shall provide the address of where the animal resides to the city Animal Control Division.
(4) Any dog under investigation as dangerous, shall reside on the premises of the owner and no person owning, harboring or having the care or custody of the dog shall suffer or permit such dog to go at large or be unconfined on the premises of such person. A dangerous dog is unconfined as that term is used in this section if the dog is not confined to a secure enclosure or securely confined in a vehicle.
(5) No person owning, harboring, or having the care or custody of a dog under investigation as dangerous shall suffer or permit such dog to be outside of a secure enclosure unless such dog is securely muzzled and restrained by a chain or lead having a minimum tensile strength of 300 pounds and not exceeding three feet in length and is under the physical control of the designated handler. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal.
(6) No person owning, harboring, or having the care or custody of a dog under investigation as dangerous shall hide the accused dog or in any way hinder a dangerous dog investigation.
(7) Owners of a dog under investigation that wish to destroy the subject dog must coordinate with the investigating animal control officer so as to assure that a quarantine is conducted if required, and to verify death.
(B) Upon finding of sufficient probable cause, the animal control division shall provide written notification to the owner by registered mail, certified hand delivery, or service in accordance with the provisions of F.S. Chapter 48. The owner may file a written request for a hearing within seven calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held by a hearing officer as soon as possible but not more than 21 calendar days and no sooner than five days after receipt of the request from the owner. Failure to request a hearing within the seven day period after the receipt of the notification of sufficient cause finding shall result in a final determination that the dog shall be classified as dangerous. The Code Enforcement Special Masters of the City are authorized to serve as Hearing Officers to administer this section.
(C) Once a dog is classified as a dangerous dog, the animal control division shall provide written notification to the owner by registered mail, certified hand delivery, or service, and the owner may file a written request for a hearing in the county court to appeal the classification within ten business days after receipt of a written determination of dangerous dog classification and shall initiate the filing of any legal action necessary in furtherance of the appeal. The dog must be confined by the owner in a securely fenced or enclosed area pending a resolution of the appeal. If the owner is unable or unwilling to securely confine the dog, the City Animal Control Division may impound the dog if deemed necessary to protect the public. The owner shall be responsible for boarding fees, veterinary and other costs incurred by the city as may be required to humanely and safely keep the dog impounded during the appeal procedures, unless the owner prevails at the conclusion of all legal proceedings. Failure to timely request a hearing in the county court shall mean the owner has waived the right to appeal the dangerous dog classification and must comply with the provisions herein.
(D) It shall be deemed a violation of this section for the owner of a dangerous dog to violate any of the following provisions. Violations of this section will result in a $500.00 fine to the owner and/or the city may request the owner to surrender the dog or petition a court of competent jurisdiction to order the seizure and impoundment and/ or destruction of the dangerous dog.
(1) Within 14 days after a dog is classified as dangerous, or a dangerous dog classification is upheld by the County Court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the city Animal Control Division and the certificate shall be renewed annually. Certificates of registration and renewal thereof shall only be issued to persons who are at least 18 years of age and who present evidence of the following to the division:
(a) Current certificate of rabies vaccination for the dog.
(b) A secure enclosure to confine a dangerous dog and the posting of the premises with clearly visible warning signs at all entry points that informs both children and adults of the presence of a dangerous dog.
(c) The owner shall obtain a dangerous dog license tag from the division which shall be worn at all times for the purpose of providing immediate identification to animal control and the public that the dog has been declared dangerous.
(d) Permanent identification consisting of a tattoo on the inner thigh bearing the dangerous dog license tag number issued, or a microchip implanted in the dangerous dog, registered in the owner's name.
(e) Proof of liability insurance in the amount of at least $100,000.00 covering any damage or injury which may be caused by the dangerous dog during the period for which licensing is sought, or; a surety bond in the amount of $100,000.00 issued by an insurer authorized to do business within the state of Florida, payable to any person injured by the dangerous dog during the period for which licensing is sought. Such bond shall require the insurer to notify the Animal Control Division within ten days of cancellation, modification, termination or expiration of the bond. Proof of said current insurance shall be provided as part of the registration process in subsection (f) below.
(f) Payment of the applicable annual fee for the issuance of the certificate of registration required by this section. The fee for the issuance of a certificate of registration of a dangerous dog shall be $200.00. However, five years after the date the dog was declared dangerous the owner may request and be granted a reduction of the annual fee provided that there have been no violations of this section since the dog was declared dangerous. The reduction of the fee shall be half of the current fee.
(g) The owner shall have the dog sterilized at his or her own expense and shall present proof of said sterilization by the veterinarian who performed the operation within 60 days of the dangerous dog declaration.
(E) It shall be deemed a violation of this section for the owner of a dangerous dog to violate any of the following provisions. Violations of this section will result in a $500.00 fine to the owner and or the city may request the owner to surrender the dog or petition a court of competent jurisdiction to order the seizure and impoundment and/ or destruction of the dangerous dog.
(1) The owner shall immediately notify the Animal Control Division when a dog that has been classified as dangerous:
(a) Is loose, at large, or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, stolen, or dies. Owner must show proof of death.
(d) Is moved to an address other than that stated in the certificate of registration.
(2) Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control division. The new owner must comply with all the requirements of this section. The Animal Control Division must be notified by the owner of any dangerous dog that is to be relocated into the city prior to such relocation. If a dog that has been declared dangerous is relocated into or found to reside within the corporate limits of the city, the owner must be in compliance with all the requirements of this section. For purposes of this section "dangerous dog" shall include any similar designation of a dog from any other municipality, county, state or country. The city's Animal Control Division shall be authorized to notify similar authorities in any other jurisdiction of the relocation of any dangerous dog.
(3) Any dog classified as dangerous shall reside on the premises of the owner and no person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go at large or be unconfined on the premises of such person. A dangerous dog is unconfined as that term is used in this section if the dog is not confined to a secure enclosure or securely confined in a vehicle.
(4) No person owning, harboring, or having the care or custody of a dangerous dog shall suffer or permit such dog to be outside of a secure enclosure unless such dog is securely muzzled and restrained by a chain or lead having a minimum tensile strength of 300 pounds and not exceeding three feet in length and is under the physical control of the designated handler. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal.
(5) The owner of a dangerous dog shall permit unannounced inspections by an animal control officer to determine the owner’s compliance with this section.
(6) It shall be a violation for the handler or any other person having care custody or control of a dangerous dog to provoke, harass, or in any way promote or encourage the aggression of the dog.
(F) Evidence of the training of dog(s), maintaining a place where dog(s) are kept, trained, permitted, or encouraged to fight, including, but not limited to, for exhibition, or for sport or wager, or; the possession of paraphernalia known to be used for training, baiting or fighting, or any cage, structure, or arena for the purpose of confining animals to fight, or; injuries or scarring consistent with gaming activity shall constitute a rebuttal presumption that said dog(s) is being harbored primarily or in part for the purpose of dog fighting.
(G) (1) No person shall own or harbor any dog primarily trained and/or used for the purpose of defending or patrolling and protecting property without complying with § 90.31 of this chapter. Evidence of the training of a dog or person harboring such dog shall constitute a rebuttal presumption that the dog is owned or is being harbored for the purpose of causing or encouraging attacks on human beings or animals in violation hereof. It shall be no defense to a violation of this subsection that such dog is being kept for guarding a residence or business establishment if compliance with § 90.31 has not been met, however, any dog found in violation of this subsection that has not bitten a person or domestic animal shall not be declared dangerous if compliance with § 90.31 is met within two business days.
(2) This section does not apply to dogs used by law enforcement officials for law enforcement work.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2001-75, passed 7-24-01; Am. Ord. 2007-20, passed 1-9-07) Penalty, see § 90.99