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Last modified
8/24/2016 9:55:52 AM
Creation date
9/30/2015 3:36:06 PM
Metadata
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Ordinances
Ordinance Number
2006-001
Adopted Date
01/17/2006
Agenda Item Number
9.A.2.
Ordinance Type
Animal Control
State Filed Date
01\23\2006
Code Number
Chapter 302
Subject
Animal Control & Kennel Regulations
Codified or Exempt
Codified
Archived Roll/Disk#
3126
Supplemental fields
SmeadsoftID
657
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officer, desiring to have a dog classified as dangerous. Any animal that <br />is the subject of a dangerous dog investigation, that is not impounded <br />with the animal control authority, shall be humanely and safely confined <br />by the owner in a securely fenced or enclosed area pending the outcome of <br />the investigation and final resolution of any and all hearings related to <br />the dangerous dog classification. The address of where the animal <br />resides shall be provided to the animal control officer conducting the <br />investigation and the animal control authority. No dog that is the <br />subject of a dangerous dog investigation may be relocated or ownership <br />transferred pending the outcome of an investigation or any hearings <br />related to the determination of a dangerous dog classification.[ F.S. § <br />757.12 (1) (a) ] <br />(2). Notwithstanding the definition of "dangerousioe�xe dog," as <br />provided in this chapter, no dog may be declared dangerous -e-ictus if a-ny <br />the threat, injury or damage is sustained by a person who, at the time, <br />was unlawfully on the property <br />or, while lawfully on the property, eemmitting a wil3€:a trespass ox <br />_�r� <br />was teasing, tormenting, abusing or assaulting the dog or its owner or a <br />family member. er was.eeffffiitting er atteffipting te eeffffRit a erime. No dog <br />may be declared dangerous vi if any injury or damage was sustained <br />by a domestic animal which at the time such injury or damage was <br />sustained was teasing, tormenting, abusing or assaulting the dog. No dog <br />may be declared dangerous =ae±e3as if the dog was protecting or defending <br />a human being within the immediate vicinity of the dog from an <br />unjustified attack or assault. [F.S. § 767.12(1)(b)] <br />(3). After. the investigation by the animal control officer, the animal <br />control director shall make an initial determination as to whether there <br />is sufficient cause to classify the dog as dangerous and shall afford the <br />owner an opportunity for a hearing prior to making a final determination. <br />The animal control director shall provide written notification of the <br />sufficient cause finding, to the owner, by registered mail, certified <br />hand delivery, or service in conformance with the provisions of Florida <br />Statutes Chapter 48, F*S., as may be amended from time to time, relating <br />to service of process. The owner may file a written request for a <br />hearing within seven (7) calendar days from the date of receipt of the <br />notification of the sufficient cause finding and, if requested, the <br />hearing shall be held as soon as possible, but not more than twenty-one <br />(21) calendar days and no sooner than five (5) business days after <br />receipt of the request from the owner. The hearing shall be before the <br />director of emergency services. The director shall record the hearing <br />and shall cause s=—in all witnesses to be sworn. If the director <br />finds by a preponderance of the evidence that the dog meets the <br />definition of dangerous Yieieiis dog the director shall immediately <br />classify the dog as dangerous and issue a written determination with <br />findings of fact. [F.S. § 767.12(1)(c)] <br />(4) Any person who is a victim or represents a victim of the dog who is <br />being investigated as a dangerous dog may intervene in any proceeding <br />before the animal control director and, if the person intervenes, such <br />nerson may anneal anv decision of the animal control director to the <br />
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