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ORDINANCE NO. 90- BOOK 79 F,1Gc 313 confiscated by an officer and disposed of in a humane manner after written notice is provided to the owner that such dog has been confiscated. ( f ) If any vicious dock shall, when unprovoked, kill or wound or assist in killing or wounding any domestic animal or attack, assault, wound, bite or otherwise injure or ki I I a human beino, the officer is empowered to issue a citation or to impound the dog and after written notice to the owner and expiration of the 120 -hour waiting period to dispose of such vicious dog in a humane manner. (g) No person shall be charged under this section unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this section. (h) 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 sections hereof, the owner or keeper may file a petition 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 petition must be timely served upon the Animal Control 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 find that there has been no violation of this chapter, such dog shall be released to the custody of the owner or keeper. ( 1 ) 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 CODING: Words in if`tUbi/ilk 60011 type are deletions from existing law; words underlined are additions. _ 10 M