§ 6-32. Rules for dangerous dogs.

(a)

A dog that has been designated dangerous must be registered as such with the animal control office on a yearly basis.

(b)

The following must be provided at the time of the yearly registration:

(1)

A current certificate of rabies vaccination and a current license.

(2)

A proper enclosure to confine the dangerous dog and a posting of the premises with a clearly visible warning sign at all entry points that informs people of the presence of a dangerous dog.

(3)

An animal control officer shall verify that the enclosure is proper.

(c)

The dangerous dog shall be kept in the enclosure when outside. When the owner decides to take the dangerous dog for a walk, the dog shall wear a muzzle.

(d)

The dangerous dog shall have a permanent identification such as a tattoo on the inside thigh or microchip.

(e)

Dogs that have been classified as dangerous shall not be used for hunting purposes.

(f)

Attack or bite by dangerous dog; penalties; confiscation; destruction.

(1)

If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(2)

If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. § 775.082, F.S. § 775.083, or § 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(3)

If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending.

(4)

If a 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 is not guilty of any crime specified under this section.

(g)

Attack or bite by unclassified dog that causes death;

(1)

If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the 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 during any appeal procedure.

(h)

Attack or bite by unclassified dog that causes severe injury or death; penalties.

(1)

If a dog that has not been declared dangerous attacks and causes severe injury to, or the death of, a human, 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 F.S. § 775.083.

(2)

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.

(i)

Exemption : Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service animal for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such a bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian.

(j)

The owner must pay all filing fees for county court hearings under subsection 6-31(e).

(k)

Within 30 days after a dog has been classified as dangerous by the special magistrate or within 14 days after 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 animal control department, and the certificate shall be renewed annually. The animal control department is authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control department sufficient evidence of:

(1)

A current certificate of rabies vaccination for the dog; and

(2)

A proper enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property; and

(3)

Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation; and

(4)

An annual fee shall be imposed for the issuance of certificates of registration.

(l)

Failure to timely obtain the certificate of registration or to otherwise comply with this subsection shall constitute a forfeiture of the dog and entitle the department head to make an appropriate disposition thereof.

(m)

The owner shall immediately notify the appropriate animal control department when a dog that has been classified as dangerous:

(1)

Is loose or unconfined; or

(2)

Has bitten a human being or attacked another animal; or

(3)

Is sold, given away, or dies; or

(4)

Is moved to another address.

(n)

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 department. The new owner must comply with all of the requirements hereof, even if the animal is moved to another local jurisdiction in the state. The animal control department must be notified by the transferring owner of a dog classified as dangerous that the dog is in his/her jurisdiction.

(o)

It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is wearing wire basket muzzle and restrained by a substantial chain or leash and under control of a competent person. 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. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or sight and only members of the immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

(p)

Dogs that have been classified as dangerous shall not be used for hunting purposes.

(q)

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

(r)

Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500.00. Each day of such action is considered a separate offense.

(Ord. No. 2018-09 , 6-12-2018)