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HomeMy WebLinkAbout1996-0212/ 29/95 (oh.apt302 _ door Ow ORDINANCE 96- 02 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302 ANIMAL CONTROL AND KENNEL REGULATIONS OF THE INDIAN RIVER COUNTY CODE TO REFLECT CHAPTER 94-339 LAWS OF FLORIDA. WHEREAS, Chapter 94-339 Laws of Florida has made substantial amendments to classification of dogs as dangerous; and WHEREAS, it is desirable for the County Code to reflect these aaaaciivaucuo uo vvcaa u. .vaa.. W�AA� i XAA�.. ...+...�...., NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that. SECTION 1. AMENDMENT T. Chapter 302 the Indian River County Code is amended as set forth in Appendix "A" to this ordinance. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective February 1, 1996* Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2nd day of January , 19969 ORDINANCE 96- 02 This ordinance was advertised in the Vero Beach Press -Journal on the 20th day of December, 1995, for a public hearing to be held on the 2nd day of January, 1996, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bird and adopted by the following vote. Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht A y e Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of J a n u a r y 19960 IN N IN BOARD OF COUNTY COMMISSION Attest: r`: l` INDIAN RIVER COUNTY, FLORIDA •. INN, I ON j y INNIINg ` By a,,^I IN_ Jeffre�a K� Barton," 1bSf"k"' Fran B. Adams, Chairman `NI x If 11 0 y - This ordinance was filed with the Department of State on January 9, 1996. u APPENDIX "A" ANIMAL CONTROL 1. a. The following definitions are added in alphabetical order as follows Section 302.02. Definitions . Dangerous Dog: The term "dangerous dog" as defined in Florida Statutes is used synonymously for the term "vicious dog" used herein . General: The definitions in Section 767.11, F . S . , shall also apply to this chapter and the more stringent definition shall apply; however, in case of irreconcilable conflict between definitions the Florida Statutes definition shall control. Leash: A cord, rope or chain which holds an animal under restraint and is not more than six (6) feet in length. Proper Enclosure: "Proper enclosure of a dangerous dog" means, while on the owners property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. bo The following definitions are deleted as fdllows . 11 Enclosure: Enclosure shall mean a fence or struc- ture at least six (6) feet in height forming or causing an enclosure suitable to prevent the in- jury of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping the enclosure. Tattoo: Tattoo shall mean any permanent num- bering of a vicious dog by means of permanent ink with the licensb tag number issued to the vicious dog, or any other permanent acceptable method of tattooing. c. The following definition which currently reads as follows. Restraint: An animal shall be considered under restraint only if it is: 1. Within the real property boundaries of its owner, or of any other person with"the ex- press permission of that person, or 2. When outside of said boundaries, under the actual control, custody, or possession of the owner or other responsible person, by ei- ther leash, cord, chain or similar device. is amended to read as follows: Restraint: An animal shall be considered under restraint only if it is : 1. Within the real property boundaries of its owner, or of any other person with the express permission of that person, or 2. When outside of said boundaries, under the actual control, custody, or possession of the owner or other responsible person, by leash. 2. Section 302.03 is amended by the addition of the following paragraph. Section 302.03. Annual vaccination and licensing requirement. b* Veterinarians shall provide the Indian River County Animal Control authorities with a copy of the vaccination certificate pursuant to Section 585.69, F. S . 3. Paragraph 5 of Section 302.07 is amended by the addition of the underlined words as follows: Section 302.07. Impoundment and disposition. 5. Except for any animal undergoing quarantine pursuant to section 302.08, an animal which has not been redeemed within five (5) consecutive days after impoundment, including the day of impoundment and provided the fifth day falls on a day the facility is open for business, shall escheat to the animal control authority. The animal control authority is hereby authorized to dispose of the animal by adoption or destruction through euthanasia as it deems most humane, in its sole discretion. Adoption fees shall be collected at the rate established by the designated impoundment facility, but in any event, no dog or cat shall be released for adoption without first being sterilized and currently vaccinated for rabies or without a written agreement from the adopting party guaranteeing that said animal shall be sterilized and currently vaccinated for rabies within thirty (30) days following adoption, unless the sexual maturity of the animal requires a longer period. An agreement to sterilize and vaccinate for rabies shall be secured by deposit with the agency from which the animal is adopted of a sum to be determined by the agency to be refunded without interest upon presentation of proof that said animal has been sterilized. Until such animal is actually sterilized licensing fees shall be levied as if the animal were unsterilized. Failure to comply with the agreement shall result in forfeiture of the deposit to the agency for animal control or related purposes. Upon proof of sterilization, the 'division of animal control is authorized, if requested by the owner, to refund any portion of the current year's paid licensing fee attributable to the previous unsterilized status of the animal, as if said animal had been neutered or spayed for the entire year. All provisions herein pertaining to the sterilization of adoptive animals shall be interpreted consistently with the legislative policy and requirement set forth in F.S. section 832.15, as may be amended, governing sterilization of animals released from animal control shelters or agencies. 4* Section 302.09 which reads as follows Section 302.09. Determination of vicious dog. 1. In the event that any officer has probable cause to believe a dog is vicious, he shall conduct' an investigation. If the officer is satisfied after such investigation that the dog is vicious as de- fined in this chapter, he shall declare the dog as a vicious dog and properly notify the owner of the dog in writing of such declaration. If a determi- 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 'Aained 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 a unjustified 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 ($1009000.00)9 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. c. The owner or keeper shall also, at his own expense, purchase a collar or harness from the animal control division which shall be worn by the dog at all times. The purpose of the collar or harness shall be to provide immediate identification to the animal con- trol division and the public at large that the dog has been declared vicious. d. The owner or keeper shall display a sign on his premises warning that there is a vi- cious dog on the premises. Said sign shall >� be visible and capable of being read from the public highway or street. e. The owner or keeper of a vicious dog must at all times ensure that the dog is securely' confined indoors, or confined in an enclo- sure as defined herein. At any time that a •vicious dog is not so confined, the dog shall be muzzled with a wire basket -type muzzle in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash with the owner or keeper in attendance except for the following excep- tions: 1. An exception of this section is hereby provided for any vicious dog while being transported within the cab or pas- senger portion of any motor vehicle, provided said vehicle has a roof, and' the dog is incapable of escape through an open window, however, the dog shall be muzzled with a wire basket -type muzzle in such a manner as to prevent it from biting or injuring any person or animal. f. The owner or keeper shall sign a statement attesting that: 1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expi- ration of such license. 2. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an approved enclosure for the vicious dog on the property where the vicious dog will be kept or maintained. 3. The owner or keeper shall notify the county animal control division of any cancellation, modification, expiration or termination of the liability insur- ance policy required by this section. 4. The owner or keeper shall notify the county animal control division imme- diately if a vicious dog is on the loose, is unconfined, has attacked another an- imal or has attacked a human being, or has died or has been sold or given ......,.J . �. ...... .,...b ., ...... or given away, the owner or keeper shall also provide to the division the name, address and telephone number of the new owner of the vicious dog. g. The division or any officer is hereby em. powered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section, and the division or any officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof. In the event that the owner or keeper of the dog refuses to sur- render the animal to the division or officer, a search warrant may be obtained from the circuit court and the dog may be seized upon execution of the warrant. 4. The provisions of this section shall not apply to canine dogs owned by a law enforcement de- partment while such dogs are engaged in the scope of law enforcement duties. 5. 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 accor- i dance with this section, or which is not main- tained on property with an enclosure, or which Shall be outside of the dwelling of the owner or keeper, or outside of an enclosure, or which is not tattooed, shall be confiscated by an officer and disposed of in a humane manner after written no- tice is provided to the owner that such dog has been confiscated. 6. 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 and after written notice to the owner and ex- piration of the one hundred twenty -hour waiting period to dispose of such vicious dog in a humane manner. 7. No person shall be charged under this sec- tion unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this section. 8. 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 sec- tions hereof, the owner or keeper may file a peti- tion 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 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 rind 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, 1247-91) is amended to read as follows Section 302.09. Determination of vicious or dangerous dog. 1. In the event that any animal control 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 service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 business days after receipt of the request from the owner. The hearing shall be before the director of emergency services. The director shall record the hearing and shall swear in all witnesses. If the director finds by a preponderance of the evidence that the dog meets the definition of vicious dog the director shall immediately classify the dog as dangerous and issue a written determination with findings of fact. 4. Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service within 5 business days, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must continue to confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. 5. Within 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are 18 years of age and who present to the Indian River County animal control authority sufficient evidence of (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign, meeting County Land Development Regulations, at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Said sign shall be visible and capable of being read from the street and approved by the animal control authority . (c) 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 thousand dollars ($100,000.00), with deductible not to exceed five hundred dollars ($500.00), covering any damage or injury which may be caused by such vicious dog during the twelve-month period for which licensing is sought. (d) The owner or keeper shall, at his own expense, have a micro -chip implant in the animal for identification purposes as directed by the animal control authority. (e) . The owner or keeper shall also, at his own expense, purchase a collar or harness from the animal control division which shall be worn by the dog at all times. The purpose of the collar or harness shall be to provide immediate identification to the animal control division and the public at large that the dog has been declared vicious . (f) The owner or keeper shall, at his own expense, have the vicious dog sterilized and shall present suitable evidence of said sterilization by the veterinarian who performed the operation. (g) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his sight and only members of his immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained dog. (a) A current certificate of rabies vaccination for the (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign, meeting County Land Development Regulations, at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Said sign shall be visible and capable of being read from the street and approved by the animal control authority . (c) 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 thousand dollars ($100,000.00), with deductible not to exceed five hundred dollars ($500.00), covering any damage or injury which may be caused by such vicious dog during the twelve-month period for which licensing is sought. (d) The owner or keeper shall, at his own expense, have a micro -chip implant in the animal for identification purposes as directed by the animal control authority. (e) . The owner or keeper shall also, at his own expense, purchase a collar or harness from the animal control division which shall be worn by the dog at all times. The purpose of the collar or harness shall be to provide immediate identification to the animal control division and the public at large that the dog has been declared vicious . (f) The owner or keeper shall, at his own expense, have the vicious dog sterilized and shall present suitable evidence of said sterilization by the veterinarian who performed the operation. (g) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his sight and only members of his immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within the cab or passenger portion of any motor vehicle, provided said vehicle has a roof, and the dog is incapable of escape through an open window; provided however, the dog shall be muzzled in a manner set forth herein. that: (h) The owner or keeper shall sign a statement attesting (1) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expira- tion of such license. (2) The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an approved proper enclosure for the vicious dog on the property where the vicious dog will be kept or maintained. (3) The owner or keeper shall notify the county animal control division of any cancellation, modification, expiration or termination of the liability insurance policy required by this section. (4) The owner or keeper shall notify the county animal control division immediately if a vicious dog is on the loose, is unconfined, or has attacked another animal or has threatened or attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide to the division the name, address and telephone number of the new owner of the vicious dog. If the vicious dog has died the animal control authority shall be notified and the remains shall not be destroyed until identified by the animal control authority. (i) An annual registration fee of $50.00 shall be paid by the owner . The animal control division or any animal control officer is hereby empowered to make what ever inquiry is deemed necessary to ensure compliance with the provisions of this section, and the division or any officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof . In the event that the owner or keeper of the dog refuses to surrender the animal to the division or officer, a search warrant may be obtained from the circuit court and the dog may be seized upon execution of the warrant. Any owner or keeper refusing to surrender the dog on demand may be arrested 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 impoun& 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* 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 is, 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 assisting with the enforcement of this chapter. 'The animal control authority may present an al- leged violation to the code enforcement board for a hearing upon due public notice to the parties concerned, for findings of fact, conclusions of law and assessment of penalties and fines provided by this chapter. Such hearings shall be conducted in accordance with normal code enforcement board procedures and all fines shall be levied and en forced in accordance with the ordinance creating Said -'board. 2. The board may hear and determine either of the following matters. a. An alleged violation of any of the provision of this chapter. b. Dangerous or vicious animal determina- tion appeals upon request of the owner in accordance with section 302.09. (Ord. No. 91-51, § 1, 1247-91) 7. Paragraph 1 of Section 302.16 is amended by the addition of the underlined words as follows* Section 302.16. Penalty provisions . 1. Any violation of this chapter, constitutes a civil infraction and may be punished by a civil penalty not to exceed five hundred dollars ($500.00) . Penalties for violation of specific sections of this ordinance shall be established by resolution of the board of county commissioners. If the person who has committed the Dog. Section 302.091. Victim of Dangerous 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 is, 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 assisting with the enforcement of this chapter. 'The animal control authority may present an al- leged violation to the code enforcement board for a hearing upon due public notice to the parties concerned, for findings of fact, conclusions of law and assessment of penalties and fines provided by this chapter. Such hearings shall be conducted in accordance with normal code enforcement board procedures and all fines shall be levied and en forced in accordance with the ordinance creating Said -'board. 2. The board may hear and determine either of the following matters. a. An alleged violation of any of the provision of this chapter. b. Dangerous or vicious animal determina- tion appeals upon request of the owner in accordance with section 302.09. (Ord. No. 91-51, § 1, 1247-91) 7. Paragraph 1 of Section 302.16 is amended by the addition of the underlined words as follows* Section 302.16. Penalty provisions . 1. Any violation of this chapter, constitutes a civil infraction and may be punished by a civil penalty not to exceed five hundred dollars ($500.00) . Penalties for violation of specific sections of this ordinance shall be established by resolution of the board of county commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed, and may be punishable by civil penalty not to exceed five hundred dollars ($500.00) . Each day or fraction thereof during which the violation continues shall be considered as a separate offense. Pursuant to F . S . section 828.27, the board of county commissioners shall impose and collect a surcharge of five dollars ($5.00) upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty. The proceeds from such surcharges shall be used to pay costs of the minimum standards training course for animal control officers. Said surcharges shall be held in a separate account to be used only for the purpose stated herein. The board of county commissioners may enforce the provisions of this chapter by seeking injunctive relief or any other remedy available by law.