§ 4-36. Dangerous dog classification or destruction.

(a)

The department shall investigate reported incidents involving any dog that may be dangerous and, if possible, shall interview the owner and require a sworn affidavit from any person, including any animal control officer or law enforcement officer, desiring to have a dog classified as dangerous.

(b)

After the investigation, the director 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. The department shall afford the owner an opportunity for a hearing prior to making a final determination regarding the classification or penalty. The director shall provide written notification of the sufficient cause finding and proposed penalty to the owner by registered mail, certified mail, 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 for a hearing regarding the dangerous dog classification, penalty, or both, within seven (7) calendar days after receipt of the notification of the sufficient cause finding and proposed penalty.

(c)

In the event the owner of the dog properly requests a hearing, the following procedures shall apply:

(1)

The director shall set a date and time for the hearing to occur, not later than twenty-one (21) calendar days and not sooner than five (5) calendar days after receipt of such request. If a hearing is not timely requested regarding the dangerous dog classification or proposed penalty, the determination of the director as to such matter shall become final. The hearing may be continued to a date outside of the above stated time schedule at the request of either party if circumstances arise which necessitate same.

(2)

The hearing shall be conducted before the county manager.

(3)

The purpose of the hearing is to provide the owner with an opportunity to contest the initial determination, penalty or both. The burden rests upon the owner to demonstrate material error in the findings of the director.

(4)

The format of the hearing shall be determined by the county manager and shall be released in the form of an agenda to the owner, or the owner's attorney, if represented, prior to the hearing.

(5)

The owner may appear in person or may be represented by counsel and although the hearing will not be conducted with judicial formality, the owner may present testimony and/or evidence.

(6)

Each party shall have the option to cross-examine any and all witnesses who present testimony.

(7)

Minutes shall be taken of the hearing.

(d)

If the owner does not request a hearing or the county manager upholds the initial determination of the director, the dog shall be classified as a dangerous dog and a penalty imposed. The county shall provide a written final order to the owner by registered mail, certified mail, 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.

(e)

In the event a hearing is requested, the final determination shall be made by the county manager in accordance with the following:

(1)

In making a final determination, both the evidence presented at the hearing and that gathered by the department during its initial investigation, will be considered.

(2)

The final order shall be made in writing and released to the owner, or the owner's attorney, if represented, as soon as practicable.

(3)

If the director has made the initial determination that a canine should be euthanized and, after a hearing regarding same, the county manager, determines that euthanasia is not warranted, the county manager shall have the option of classifying the dog as dangerous and impose specific maintenance requirements upon the owner in lieu of euthanasia.

(4)

A final determination issued by the county manager, is final and shall be subject to review by the circuit court. An owner who wishes to contest the decision of the county manager 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.

(f)

Any dog that is the subject of a dangerous dog investigation because of severe injury to a human being may be immediately confiscated by the department, 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 chapter. 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.

(g)

Any dog that is the subject of a dangerous dog investigation which is not impounded by the department 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 chapter. The address at which the animal resides shall be provided to the department. 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 chapter. If the dog is to be destroyed, the dog may not be relocated or its ownership transferred.

(h)

The owner of a dog confiscated pursuant to this section shall be responsible for the cost of impoundment and all other fees incurred by the department for the care of the animal, regardless of the final determination or subsequent court order. All such fees and costs shall be paid prior to the release of the dog. In the event custody of the animal is relinquished to the department, the fees and costs may be waived at the discretion of the director.

(i)

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 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.

(j)

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 this section when engaged in any legal procedures. However, such dogs at all other times in all other respects are subject to this section. Dogs that have been classified as dangerous may not be used for hunting purposes.

(k)

Any dog that is owned, or the service of which is employed, by a law enforcement agency is exempt from this section.

(Ord. No. 2017-49, § 1, 8-7-17)