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nation has been made that a dog is vicious, the owner shall comply with the provision of this sec- tion within thirty (30) days of such determination. If the owner of the dog contests the determination made by the officer, the owner may, within five (5) days of such determination, appeal the declara- tion of viciousness to the director of department of emergency services by way of written notice. The director shall decide the issue based upon the pre- ponderance of the evidence. If the director deter- mines 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, signed and dated by the director, and shall contain the finding of facts supporting the deter- mination. The determination of the director may be appealed to the code enforcement board of In- dian River County, Florida, by any owner re- ceiving an adverse determination from the di- rector 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 sub- sequent actions of the dog. 2. Notwithstanding the definition of "vicious dog," as provided in this chapter, no dog may be declared vicious if an injury or damage is sus- tained by a person who, at the time that such injury or damage was sustained, was committing a willful trespass or other tort upon premises oc- cupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sus- tained was teasing, tormenting, abusing or as- saulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from aunjustified attack or assault. 3. No vicious dog shall be licensed within In- dian River County unless the owner and keeper of such vicious dog shall meet the following require- ments: a. The owner or keeper shall present to the county animal control division proof that the owner has procured liability insurance in the amount of at least one hundred thou- sand dollars ($100,000.00), covering any -damage or injury which may be caused by such vicious dog during the twelve-month period for which licensing is sought. b. The owner or keeper shall at his own ex- pense have the registration number as- signed to such vicious dog by the animal control division tattooed on such vicious dog by a veterinarian or other person trained as a tattooist. The tattoo shall be placed on the inside right thigh of the vicious dog. JANUARY 2 1996 31 M M