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1996-02
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1996-02
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Last modified
3/26/2019 10:32:06 AM
Creation date
9/30/2015 3:55:00 PM
Metadata
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Ordinances
Ordinance Number
1996-02
Adopted Date
01/02/1996
Ordinance Type
Animal Control
State Filed Date
01\09\1996
Code Number
Chapter 302 Amended
Subject
Animal Control and Kennel Regulations
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
1016
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by a law enforcement officer for interference with an officer in <br />carrying out his lawful duties. <br />6. The provisions of this section shall not apply to canine dogs <br />owned by a law enforcement department -while such dogs are <br />engaged in the scope of law enforcement duties. <br />7. Any vicious dog which does not have a valid license in <br />accordance with the provisions of this section or whose owner or <br />keeper does not secure the liability insurance coverage required in <br />accordance with this section, or which is not maintained on <br />property within a proper enclosure, or which shall be outside of <br />an enclosure, or which is not micro -chip implanted, or which is <br />not sterilized or the annual $50.00 registration fee is not paid, <br />shall be confiscated by an officer and disposed of in a humane <br />manner after written notice is provided to the owner that such dog <br />has been confiscated. <br />8. If any vicious dog shall, when unprovoked kill or wound or <br />assist in killing or wounding any domestic animal or attack, <br />assault, wound, bite or otherwise injure or kill a human being, the <br />officer is empowered to issue a citation or to impound the dog <br />after written notice to the owner and expiration of the one <br />hundred twenty -hour waiting period to dispose of such vicious dog <br />in a humane manner. <br />9. No person shall be .charged under this section unless the <br />dog, prior to the offense alleged, shall have been declared vicious <br />pursuant to the provisions of this section. <br />10. If the owner or keeper of a dog which has been impounded <br />under this section shall believe that there has not been a violation <br />of such sections hereof, the owner or keeper may file a petition <br />for injunctive relief in the Circuit Court of the Nineteenth Judicial <br />Circuit in and for Indian River County, Florida, that the impoun& <br />ed dog not be destroyed. The petition must be filed within the <br />ten (10) business days of owner's receipt of notice of impoundment <br />of the dog, and notice of the petition must be timely served upon <br />the animal control division. The officer or the division shall have <br />the right to declare a dog to be vicious for any action of the dog <br />subsequent to the date of the violation in question. If the circuit <br />court shall find that there has been no violation of this chapter, <br />such dog shall be released to the custody of the owner or keeper. <br />11. In the event that the owner or keeper of a vicious dog is a <br />minor, the parent or guardian of such minor shall be responsible <br />for complying with the provisions of this section and shall be liable <br />for all injuries and property damage sustained by any person or <br />domestic animal caused by unprovoked attack by said vicious dog. <br />
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