§ 4-56. Investigation and classification of dangerous dogs.

(a)

Animal Control Officers shall investigate reported incidents involving any dog that maybe dangerous and if possible, shall interview the owner and require a sworn affidavit from any person or law enforcement officer desiring to have a dog declared dangerous.

(1)

An animal that is the subject of a dangerous dog investigation because of Severe Injury to a human being may be immediately confiscated by an Animal Control Officer, placed in quarantine, if necessary, for the proper length of time, or impounded and held. The animal may be held pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal pending any hearing or appeal.

(2)

An animal that is the subject of a dangerous dog investigation which is not impounded at the Animal Shelter must be humanely and safely confined by the owner in a securely fenced or enclosed area. The animal shall be confined in such manner pending the outcome of the investigation and the resolution of any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. The address at which the animal resides shall be provided to the county. A dog that is the subject of a dangerous dog investigation may not be relocated or its ownership transferred pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. If a dog is to be destroyed, the dog may not be relocated or its ownership transferred.

(b)

A dog may not be declared dangerous if:

(1)

The threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the dog owner's property or who, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member.

(2)

The dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(c)

After the investigation, Animal Services shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous, and if sufficient cause is found, as to the appropriate penalty. Animal Services shall afford the owner an opportunity for a hearing prior to making a final determination regarding the classification or penalty. Animal Services shall provide written notification of the sufficient cause finding and proposed penalty to the owner by registered mail, return receipt requested, certified hand delivery, or service in conformance with the provisions of F.S. Ch. 48, relating to service of process. The owner may file a written request with Animal Services for a hearing regarding the dangerous dog classification, penalty, or both within seven (7) calendar days after receipt of the sufficient cause finding and proposed penalty. If the owner requests a hearing, the hearing shall be held as soon as possible, but not later than twenty-one (21) calendar days. If a hearing is not timely requested regarding the dangerous dog classification or proposed penalty, the determination of Animal Services as to such matter shall become final.

(d)

Upon timely receipt of the owner's written request for a hearing, the special master shall hold a hearing to decide if the dog should be declared dangerous. At the hearing the dog owner or his or her representative and any other interested person may present any evidence relevant to a determination of whether the dog is dangerous. The special master shall hear and consider the evidence presented at the hearing and make a determination as to whether the dog should be declared dangerous.

(e)

Upon a dangerous dog classification and penalty becoming final after a hearing or by operation of law pursuant to subsection (c), the county shall provide a written final order to the owner by registered mail, return receipt requested, certified hand delivery or service. The owner may appeal the classification, penalty, or both, to the circuit court in accordance with the Florida Rules of Appellate Procedure after receipt of the final order. If the dog is not held at the Animal Shelter, the owner must confine the dog in a securely fenced or enclosed area pending resolution of the appeal.

(f)

This section does not apply to dogs used by law enforcement officers for law enforcement work.

(g)

Hunting dogs are exempt from this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this section when engaged in any legal procedures. However, such dogs at all other times in all other respects are subject to this and local laws. Dogs that have been classified as dangerous may not be used for hunting purposes.

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