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' ORDINANCE NO. 90- <br />(a) In the _-event that __an_Y officer has_probable <br />1 cause to believe a dM_is- vicious_- he shall_ conduct an <br />Investigation.If the officer is satisfied -after such <br />(, investigation- that the do2_is_ vicious as defined in this <br />i" <br />chapter, he sha I I _d_ec_I are ___t_h_e_ dog-_a_s___a__v_i c_i o_u_s_ dog and <br />properly <br />-- not i�—the owner of- the _do2__inwwr i t i n2of -such <br />----------- <br />kdeclaration. If a determination has been made that a d_og_is <br />vicious, the owner shall _comply -with the provision of this <br />section within thirty -(30-)-days-of such determination. If <br />the owner of the dog contests the determination made _by -the <br />officer, he or she mayY_within five (5) _days of _such <br />determination, appeal -the declaration of viciousness _to_the <br />Director of Department of Emer222S.X_SeE.vLLctj__by way of <br />written notice. The Director shall decide the issue based <br />upon the preponderance- of the evidence. If the Director <br />determines that the dog_ is__vicious,_ the Director —m—y <br />establish a time schedule to ensure compliance with this <br />chapter in no case more than fifteen (15) days subsequent to <br />the Director's determination. All the determinations of the <br />Director should be in writing,_si�ned- and -dated by _the <br />Director, and should contain the finding_of_facts_supporting <br />the determination. The determination of the Director m2Y be <br />appealed to the Code Enforcement Board of Indian River <br />CountY_-- Florida, by- any _ owner_ receiving _ an --adverse <br />determination from the Director within the time period <br />prescribed by -general -law. However, the Director shall have <br />the_right_to declare a dog to be vicious for any-subseguent <br />actions of the - <br />dog -(b) Not withstanding- the _definition of "vicious <br />do2111 as provided in this cha ter, no do ma be declared <br />------- -------------4'----------- _a_y <br />vicious if an-injury_or-damage_ is sustained_ by <br />-2 ---------- ------ <br />at the time that such injury or damage -was sustained, was <br />--------------------------- --------- ---------------- <br />corrmittin --a --w-illfu-----------P <br />l tres ass or other -------p--tort u on remises <br />---_— ---------------p------ <br />CODING: Words in type are deletions from <br />existing law; words underlined are additions. <br />6 <br />