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ORDINANCE NO. 90- BOOK 79 f'1.�C X09 (a) In the event that ani 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 defined 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 determination has been 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 the determination made by the officer, he or she may, within five (5) days of such determination, appeal the declaration of viciousness to the Director of Department of Emergency Services by way 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 should be in writing, signed and dated by the Director, and should contain the 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 for any subsequent actions of the dog_ (b)_ Not withstanding the definition of "vicious dog", as provided in this chapter, no dog may be declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained, was committing a willful trespass or other tort upon _premises CODING: Words in WOWW6000 type are deletions from existing law; words underlined are additions.