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 Osceola County
 Code of Ordinances
 Chapter 4. ANIMALS
 Article II. ANIMAL CONTROL

  § 4-38. Attack or bite by a dangerous dog; attack or bite by an unclassified dog.  

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  • (a)

    If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the dangerous dog shall be confiscated by the department immediately and, if necessary, placed in quarantine for the proper length of time or held for ten (10) business days after the owner is given written notification of the director's initial determination that the subject dog should be euthanized. Thereafter the dog may be destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing in accordance with section 4-36 hereof. If a hearing is properly requested, the procedures set forth in section 4-36 hereof shall apply. If the owner files a written appeal under section 4-36, the dog must be held and may not be destroyed while the appeal is pending.

    (b)

    If a dog that has previously been declared dangerous attacks and causes severe injury to or the death of any human, the dangerous dog shall be confiscated by the department immediately and, if necessary, placed in quarantine for the proper length of time or held for ten (10) business days after the owner is given written notification of the director's initial determination that the subject dog should be euthanized. Thereafter the dog may be destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing in accordance with section 4-36 hereof. If a hearing is properly requested, the procedures set forth in section 4-36 hereof shall apply. If the owner files a written appeal under section 4-36, the dog must be held and may not be destroyed while the appeal is pending.

    (c)

    If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by the department and, if necessary, placed in quarantine for the proper length of time or held for ten (10) business days after the owner is given written notification of the director's initial determination that the subject dog should be euthanized. Thereafter the dog may be destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing in accordance with section 4-36. If a hearing is properly requested, the procedures set forth in section 4-36 hereof shall apply. If the owner files a written appeal under section 4-36, the dog must be held and may not be destroyed while the appeal is pending.

    (d)

    If a dog that has not been previously 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 Florida Statutes. 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 paragraph.

    (e)

    The owner of a dog confiscated pursuant to this section is responsible for the cost of impoundment, and all other fees incurred by the department for the care of the animal during any appeal procedure, regardless of the final determination or a 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.

(Ord. No. 2017-49, § 1, 8-7-17)