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M River County, Florida, that the impounded dog not be destroyed. The petition must be filed within the rive (5) days of owner's receipt of notice of impoundment of the dog, and notice of the peti- tion must be timely served upon the animal con- trol 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. 9. 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 this section and shall be liable for all injuries and property damage sustained by any person or domestic animal caused by unpro- voked attack by said vicious dog. (Ord. No. 91-51, § 1, 12-17-91) is amended to read as follows: Section 302.09. Determination of vicious or dangerous do 1. In the event that any animal. conrtrol officer has probable cause to believe a dog may be vicious, he shall conduct an investi- gation and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as. dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and final resolution of any and all hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control officer conducting the investigation and the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. 2. Notwithstanding the definition of "vicious dog," as provided in this chapter, no dog may be declared vicious if any 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 occupied 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 any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting 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 a unjustified attack or assault. 3. After the investigation by the animal control officer, the animal control director shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control director shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48, F.S. , relating to JANUARY 2 1996 . 34 Boa 97 FAi;E 34