§ 4-28. Attack or bite to persons and/or animals.  


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  • (a)

    It is a violation of this section for the owner of any animal to fail to exercise due care and control of his or her animal and the animal, when Unprovoked, attacks or bites any person or animal.

    (b)

    If a dog that has not been previously declared dangerous attacks, bites and causes the death of person, the dog shall be immediately confiscated, placed in quarantine, if necessary, for the proper length of time, or held for ten (10) business days after the owner is given written notification, and thereafter Euthanized. Animal Services shall provide written notification of the confiscation of the dog by registered mail, return receipt requested, hand delivery by an Animal Control Officer, or service in conformance with the provisions of F.S. Ch. 48, relating to service of process, as amended. This ten (10) day time period shall allow the owner to file a written request for a hearing with the special master. If the owner files a written appeal, the dog must be held and may not be destroyed while the appeal is pending. The owner is responsible for payment of all impound fees, boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

    (c)

    If a dog that has not been declared dangerous attacks and causes Severe Injury to, or the death of, a person, and the owner of the dog had knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog commits a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083.

    (d)

    If the dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner of the dog is not guilty of any crime under this section.

    (e)

    A police dog, as defined in F.S. § 843.19, shall be exempt from this section.

    (f)

    The recommended penalty for a violation of this section is a fine of five hundred dollars ($500.00).

(Ord. No. 2009-47, § 2, 9-1-09; Ord. No. 2017-16, § 2, 4-4-17; Ord. No. 2018-22, § 2, 5-8-18)