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3. Nothing in this section shall be construed as -requ-iring or authorizing treatment of known or respected rabies cases contrary to the provision of Florida Administrative Code Chapter 1OD-3.091, as it may be a ended from time to time. 4. Notwithstanding any section to the contrary, the Director of Emergency Services or his designee is authorized to take any action necesseary to carry out he p-rovi-s-i-ons of Secta_an 10D -3-091J-2-) FAC_i f the state agency primarily responsible for that activity is not carrying out the requirements of said section. Section 302.09 Determination of vicious dog 1. In the event that any officer has probable cause to et i eve a dog rts v-'Fci ous, he sha I 1--conduct--an investigation. If the officer is satisfied after such investigation that the dog is vicious as defined in this chapter, he shall declare the dog as a vicious dog arid properly notify the -owner ofthedog in writing such dec l a -rat -i -on-. I f _a dete-r_min_atl on hasbeen made that a dog is vicious, the owner shall comply with the provision of this section within thirty (30) days of such determination. If the owner of the dog contests within five (5) days of such determination, declaration of viciousness to appeal the rector of Department of Emergency Services byway of written notice. The Director shall decide the issue based upon the preponderance of the evidence. If the Director determines 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, finding of facts supporting the determination. The determination of the Director may be appealed to the Code Enforcement Board of Indian River County, Florida, by any owner receiving an adverse determination from the Director 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 subsequent actions of the dog. 2. Not withstanding the definition of "vicious dog", as provide in this chapter, no dog may be declared —vie i ousi man-injuryo-r-damagei-s- sus to i ned-by—apeeson who, at the time that such injury or damage was sustained, was committing a willful trespass or other 12 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 14