1/2/1996 - Laserfiche WebLink

Home Browse Search

rr,- -1 BOOK 91 37 by a law enforcement officer for interference with an officer in carrying out his lawful duties. 6. The provisions of this section shall not apply to canine dogs owned by a law enforcement department while such dogs are engaged in the scope of law enforcement duties. 7. Any vicious dog which does not have a valid license in accordance with the provisions of this section or whose owner or keeper does not secure the liability insurance coverage required in accordance with this section, or which is not maintained on property within a proper enclosure, or which shall be outside of an enclosure, or which is not micro -chip implanted, or which is not sterilized or the annual $50.00 registration fee is not paid, shall be 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. 8. If any vicious dog shall, when unprovoked kill or wound or assist in killing or wounding any domestic animal or attack, assault, wound; bite or otherwise injure or kill a human being, the officer is empowered to issue a citation or to impound the dog after written notice to the owner and expiration of the one hundred twenty -hour waiting period to dispose of such vicious dog in a- humane manner. 9. 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. 10. 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 impound- ed dog not be destroyed. The petition must be filed within the ten (10) business 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. 11. 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 unprovoked attack by said vicious dog. 5. A new Section 302.091 is added to read as follows: Section 302.091. Victim of Dangerous Do Any person who is a victim or represents a victim of the dog who is_ being investigated as _a dangerous dog may intervene in any proceeding before the animal control director and if the person intervenes said person may appeal any decision of the animal control director to the emergency services director or courts as may be appropriate. 6. Section 302.12 which reads as follows deleted: Section 302.12. Code enforcement board par- ticipation. 1. The code enforcement board of Indian River County is hereby recognized and designated as an administrative hearing board for the purpose of 37 JANUARY 2 1996 M M M