§ 14-40. Classification of dogs as dangerous; destruction.

(a)

Authority. The provisions of F.S. §§ 767.10—767.16, or their successor are hereby adopted and incorporated herein by reference. No provision of this ordinance shall be construed to lessen any valid provisions of F.S. §§767.10—767.16 as such sections currently exist or may be amended from time to time.

(b)

Enforcement. The animal control division shall enforce the provisions of F.S. §§ 767.12, 767.13, 767.135, and 767.136, governing the classification of dangerous dogs and destruction of dogs, respectively. The animal control division shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as 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 the animal control division, placed in quarantine, if necessary, for the proper length of time, or impounded and held. The dog 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, that is not impounded with the animal control division, shall be humanely and safely confined by the owner in a securely fenced or enclosed area. The use of an electronic or invisible dog fence shall not constitute a "securely fenced or enclosed area" for the purposes of this section. 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 other penalties imposed under this section. The address at which the animal resides shall be provided to the animal control division. 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.

(c)

Defenses. 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.

(d)

Notice. Any written notification to an owner of a dog subject to a proceeding under F.S. §§ 767.12, 767.13, 767.135, or 767.136 and this article, shall be by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process.

(e)

Initial determination of sufficient cause. After the investigation, the animal control division 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 under subsection (g). The animal control division shall afford the owner an opportunity for a hearing prior to the animal control authority's making a final determination regarding the classification or penalty. The animal control division shall provide written notification of the sufficient cause finding and proposed penalty to the owner by registered mail, certified hand delivery, or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. To request a hearing regarding the dangerous dog classification, penalty, or both, the owner shall file a written request for the hearing with the animal control division within seven calendar days after receipt of the notification 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 21 calendar days and not sooner than five days after receipt of the request from the owner. If a hearing is not timely requested regarding the dangerous dog classification or proposed penalty, the determination of the animal control division as to such matter shall become final.

(f)

Final determination of sufficient cause. Upon a dangerous dog classification and penalty becoming final after a hearing or by operation of law pursuant to subsection (e), the animal control division shall provide a written final order to the owner by registered mail, certified hand delivery, or service. The owner may appeal the determination, penalty, or both to the circuit court in accordance with the Florida Rules of Appellate Procedure and F.S. § 767.12(4) after receipt of the final order. Failure to file the appeal timely waives the owner's right to do so. If the dog is not held by the animal control division, the owner must confine the dog in a securely fenced or enclosed area pending resolution of the appeal. The use of an electronic or invisible dog fence shall not constitute a "securely fenced or enclosed area" for the purposes of this section. The owner shall be responsible for payment of all fees, boarding costs and other related expenses incurred by the county during the period a dog is quarantined or impounded under F.S. § 767.12.

(g)

Registration and restrictions.

(1)

Except as otherwise provided in paragraph (2) below, the owner of a dog classified as a dangerous dog shall:

a.

Within 14 days after issuance of the final order classifying the dog as dangerous or the conclusion of any appeal that affirms such final order, obtain a certificate of registration for the dog from the animal control division. The owner shall be required to renew the certificate annually. To obtain a certificate of registration or a renewal thereof the owner shall be at least 18 years of age and shall present to the animal control division sufficient evidence of:

i.

A current certificate of rabies vaccination for the dog.

ii.

A proper enclosure to confine a dangerous dog as defined in section 14-31.

iii.

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.

iv.

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

v.

A certificate from a veterinarian that the dog has been spayed or neutered.

b.

Immediately notify the animal control division when the dog :

i.

Is loose or unconfined.

ii.

Has bitten a human being or attacked another animal.

iii.

Is sold, given away, or dies.

iv.

Is moved to another address.

Before a dangerous dog is sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control division. The new owner must comply with all of the requirements of this article and F.S. §§ 767.10—767.16. If the dangerous dog is moved from this jurisdiction to another within the state the owner shall advise the new owner that the animal control authority in the new jurisdiction shall be notified. The owner of a dog classified as dangerous who comes into Volusia County and brings the dangerous dog into Volusia County shall immediately notify the animal control division that the dog is in Volusia County.

c.

Not permit the dog to be outside a proper enclosure unless the dog is muzzled and retrained 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 a person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without muzzle or leash, if the dog remains within his or her 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. The use of an electronic or invisible dog fence shall not constitute a "securely fenced or enclosed area" for the purposes of this section. When being transported, such dogs must be safely and securely restrained within a vehicle.

(2)

If a dog is classified as a dangerous dog due to an incident that causes severe injury to a human being, based upon the nature and circumstances of the injury and the likelihood of a future threat to the public safety, health, and welfare, the dog may be destroyed in an expeditious and humane manner.

(h)

Attack or bite by dangerous dog; confiscation; destruction. 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 immediately confiscated by the animal control division, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten business days after the owner is given written notification of confiscation 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 subsection (e) above. 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.

(i)

Attack or bite by unclassified dog that causes death; confiscation; destruction. 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 animal control division, 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 subsection (e) above. If the owner files a written appeal under subsection (f) above 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.

(j)

Exceptions; hunting dogs; sports/show dogs; law enforcement; service dog.

(1)

Hunting dogs are exempt from the provisions of this article 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 article when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and other ordinances. Dogs that have been classified as dangerous may not be used for hunting purposes.

(2)

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

(3)

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

(Ord. No. 91-33, § XIV, 10-10-91; Ord. No. 92-72, § V, 8-6-92; Ord. No. 93-25, § XIV, 11-4-93; Ord. No. 94-15, § IX, 9-18-94; Ord. No. 98-7, § I, 3-19-98; Ord. No. 2003-15, § 6, 10-2-03; Ord. No. 2007-11, § IV, 10-18-07; Ord. No. 2017-02, § I, 2-2-17)