§ 4-75. Confinement of dangerous dogs; authority to designate a dog as dangerous; confiscation; hearing and appeal procedures.
(a)
Upon receipt of a notarized sworn affidavit, the animal control supervisor shall investigate whether a dog is dangerous. An individual desiring to have a dog designated as dangerous shall attest in a notarized sworn affidavit to the incident giving rise to the request and shall submit the affidavit to the animal control supervisor within 30 days of the incident. The animal control supervisor will, if possible, interview the owner or keeper of the dog under investigation before designating the dog as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded by the animal control supervisor, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of the hearings related to the dangerous dog classification. The animal control supervisor shall require, at a minimum that:
(1)
No dangerous dog may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and
(2)
All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Dog" or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal.
(3)
Additional regulations shall be met as set forth in subsection 4-8l(t) upon final determination of a dog as dangerous by the animal control supervisor or administrative hearing process.
(b)
If the animal control supervisor finds that there is sufficient cause to designate a dog as dangerous, written notification of that determination and all the facts known to him shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with F.S. ch. 48. The notice shall inform the owner or keeper that the determination and any related fines may be appealed by providing, within seven calendar days of receipt of the written notification, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven calendar days from the receipt of the written notification, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. Persons that seek an administrative hearing shall be responsible for all cost incurred and shall pay the cost for the administrative hearing officer before said hearing will be scheduled.
(c)
Appeal procedure. Upon receipt of a timely written request for an administrative hearing, the animal control supervisor shall schedule an administrative hearing to be held not later than 21 calendar days, and not sooner than five days, after receipt of the written request. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No person aggrieved by a determination to designate a dog as dangerous may appeal to the court for relief unless he has first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be stayed, provided, however, that pending resolution of the appeal, the owner or keeper shall confine the dog as set forth by the animal control supervisor. If the animal control supervisor has confiscated the dog, the owner or keeper shall be responsible for payment of all boarding cost and other fees as may be required to humanely and safely keep the dog during an appeal.
(d)
No owner or keeper shall permit a dog deemed dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this chapter. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the dog to seizure as provided in this chapter.
(e)
Any owner, keeper or harborer of dangerous dogs, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept.
(f)
All owners, keepers or harborers of dangerous dogs, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed dangerous, shall provide the animal control supervisor with two color photographs of the registered animal clearly showing the color and approximate size of the animal.
(g)
All owners, keepers or harborers of dangerous dogs must, within three days of the following incidents, report the following in writing to an animal control supervisor:
(1)
The removal from the county or death of a dangerous dog;
(2)
The new address of a dangerous dog, if the owner moves within the county limits, and
(3)
The animal is on the loose, has been stolen or has attacked or bitten a person or animal.
(h)
A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4-44 of the Monroe County Code. No dog may bite or attack a person or an animal, and may be determined to be dangerous unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous under this chapter.
(Code 1979, § 3-19; Ord. No. 006-2006, § 1; Ord. No. 030-2010, § 6 )