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of sterilization, the 'division of animal control is authorized, if requested by the owner, to refund any portion of the current year's paid licensing fee attributable to the previous unsterilized status of the animal, as if said animal had been neutered or spayed for the entire year. All provisions herein pertaining to the sterilization of adoptive animals shall be interpreted consistently with the legislative policy and requirement set forth in F.S. section 832.15, as may be amended, governing sterilization of animals released from animal control shelters or agencies. 4* Section 302.09 which reads as follows Section 302.09. Determination of vicious dog. 1. In the event that any officer has probable cause to believe a dog is vicious, he shall conduct' an investigation. If the officer is satisfied after such investigation that the dog is vicious as de- fined in this chapter, he shall declare the dog as a vicious dog and properly notify the owner of the dog in writing of such declaration. If a determi- nation has been made that a dog is vicious, the owner shall comply with the provision of this sec- tion within thirty (30) days of such determination. If the owner of the dog contests the determination made by the officer, the owner may, within five (5) days of such determination, appeal the declara- tion of viciousness to the director of department of emergency services by way of written notice. The director shall decide the issue based upon the pre- ponderance of the evidence. If the director deter- mines that the dog is vicious, the director may establish a time schedule to ensure compliance with this chapter in no case more than fifteen (15) days subsequent to the director's determination. All the determinations of the director shall be in writing, signed and dated by the director, and shall contain the finding of facts supporting the deter- mination. The determination of the director may be appealed to the code enforcement board of In- dian River County, Florida, by any owner re- ceiving an adverse determination from the di- rector within the time period prescribed by general law. However, the director shall have the right to declare a dog to be vicious by reason of any sub- sequent actions of the dog. 2. Notwithstanding the definition of "vicious dog," as provided in this chapter, no dog may be declared vicious if an injury or damage is sus 'Aained by a person who, at the time that such injury or damage was sustained, was committing