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7. No person shall be charged under this sec- tion unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this section. 8. If the owner or keeper of a dog which has been impounded under this section shall believe that there has not been a violation of such sec- tions hereof, the owner or keeper may file a peti- tion for injunctive relief in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, that the impounded dog not be destroyed. The petition must be filed within the five (5) days of owner's receipt of notice of impoundment of the dog, and notice of the peti- tion must be timely served upon the animal con- trol division. The officer or the division shall have the right to declare a dog to be vicious for any action of the dog subsequent to the date of the violation in question. If the circuit court shall rind that there has been no violation of this chapter, such dog shall be released to the custody of the ` ! owner or keeper. 9. In the event that the owner or keeper of a vicious dog is a minor, the parent or guardian of such minor shall be responsible for complying with the provisions of this section and shall be liable for all injuries and property damage sustained by ,any person or domestic animal caused by unpro- voked attack by said vicious dog. ,(Ord. No. 91-51, § 1, 1247-91) is amended to read as follows Section 302.09. Determination of vicious or dangerous dog. 1. In the event that any animal control officer has probable cause to believe a dog may be vicious, he shall conduct an investi- gation 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. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and final resolution of any and all hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control officer conducting the investigation and the animal control authority. No dog that is