(A)   Definitions.
      NUISANCE DOG. Any dog which on two or more occasions has:
         (a)   Been found to be at large, as defined in § 90.05 of this chapter, or in violation of § 90.08 of this chapter, by city animal control officers, or by city law enforcement officers; or
         (b)   Has violated any of the provisions contained within § 90.07 of this chapter, based upon investigation by city animal control officers, or city law enforcement officers.
      SOLID VIEW SCREENING. A visual barrier consisting of a wall, fence, or other permitted structure which obscures or prevents a minimum of 80% of visibility between both sides of a barrier, and which does not include chain-link fencing material.
   (B)   Notice; appeal.
      (1)   Upon finding of sufficient probable cause that a dog meets the requisite standards, the Animal Control Division shall provide written notification of the classification of a dog as a “Nuisance Dog,” along with the requirements for confinement, to the owner of the dog by registered mail, certified hand delivery, or service in accordance with the provisions of F.S. Chapter 48.
      (2)   The owner may file a written request for a hearing within seven calendar days from the date of receipt of the notification of the classification of the dog, 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. All dogs must be confined in a securely fenced or enclosed area, pending a resolution of the hearing. Failure to request a hearing within the seven day period shall result in a final determination that the dog shall be classified as a "Nuisance Dog," and its owner shall comply with all applicable confinement requirements within the applicable time period. The Code Enforcement Special Masters of the city are authorized to serve as Hearing Officers to administer to this section.
      (3)   The owner of the dog must comply with the outdoor confinement requirements within 14 days of receipt of the notice of classification of the dog, or within 14 days after the nuisance dog classification is upheld by a Hearing Officer.
   (C)   All nuisance dogs within the city must at all times, when outdoors, be securely confined on a property by:
      (1)   An outdoor pen which meets all requirements and standards as set forth in § 90.10 of this chapter; or
      (2)   A fence measuring six feet high at all sides which provides solid view screening, and which meets the requirements and standards as set forth in § 90.11 of this chapter.
   (D)   No person owning or having possession, charge, custody, care, or control of any nuisance dog shall cause, permit, or allow any such dog to be outdoors within the city unless confined in the manner required by this section.
   (E)   Each day's violation of this section shall constitute a separate offense, and any person in violation of any provision of this section shall be cited for an infraction which is punishable by a civil penalty of $500.00.
   (F)   Exceptions. The following are exempt from the requirements of this section:
      (1)   Dogs that are outdoors while under the direct physical control of its owner or a responsible person, by means of a leash or other device which is adequate to maintain control over the dog.
      (2)   Dogs, while in attendance at, and participating in any lawful dog show, contest or exhibition sponsored by a dog club, association, society or similar organization.
(Ord. 2001-75, passed 7-24-01)