SECTION 9.      VICIOUS ANIMALS AND DANGEROUS DOGS

1. VICIOUS ANIMALS
   No person shall allow a companion animal, when unprovoked, to bite, attack, endanger, or inflict injury on a human, domestic animal, or livestock while on public or private property; or chase or approach an individual upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack. Violations of this Section may constitute proof of “prior knowledge of a dog’s dangerous propensities” under Section 767.13(2), Florida Statutes (2002), as may be amended.
2. DANGEROUS DOGS
   The provisions of Chapter 767, Florida Statutes (2002), as may be amended, pertaining to dangerous dogs are adopted in their entirety as a part of this Ordinance. All procedures, regulations, requirements, and restrictions pertaining to dangerous dogs are applicable under this Ordinance, and a violation of the statute shall constitute a violation of this Ordinance. Each day the owner of a dangerous dog fails to comply with the requirements of this Section or requirements of Section 767.12, Florida Statutes (2002), as may be amended, shall constitute a separate and distinct offense.
   1. DANGEROUS DOGS
      1. If the OWNER wishes to appeal the initial decision of the DEPARTMENT to a hearing master, he or she must file a written request for a hearing within 7 days from the date of receipt of the notice of intent to declare the DOG dangerous and, if requested, a hearing shall be held as soon as possible but not more than 21 calendar days and no sooner than 5 days after the DEPARTMENT's receipt of the request.
      2. After a dog has been classified as dangerous or a dangerous dog classification is upheld on appeal, the owner of the dog must obtain a certificate of registration from the department within 14 days, and the certificate must be renewed annually. The department will only issue certificates of registration and their renewals to individuals who are at least 18 years of age, pay the appropriate fee, and present sufficient evidence of the requirements provided for in Section 767.12, Florida Statutes (2002), as may be amended. In addition to those requirements, the DOG�S owner must:
         1. Sterilize the dog within 30 days of being declared dangerous; and
         2. Register for, and attend to completion, dog obedience training from an instructor approved by the department; and
         3. Provide the department proof of a current health certificate for the dog issued by a veterinarian; and
         4. Have the dog micro-chipped and registered to the owner at his or her current address; and
         5. Post approved signage obtained from the department at intervals determined by the department and at all entrances to the property; and
         6. When outside its proper enclosure, dangerous dogs must be muzzled, restrained by a substantial chain or leash, and under control of a competent person. In addition, the use of a physical control device such as a passive head restraint collar or harness recommended by the department is required; and
         7. Provide access to property and the dog for no less than two inspections annually by the department to verify compliance with the provisions of this Ordinance and Chapter 767, Florida Statutes (2002) as may be amended; and
         8. Receive training provided by the department on responsible pet ownership of dangerous dogs.
      3. The department may provide notification to appropriate neighbors and the public advising them of the presence of a declared dangerous dog. Photographs of the dog may be used in providing the public with internet access to dangerous dog information.
      4. The department may confiscate any dog classified as dangerous for euthanasia as a result of the owner's failure to comply with any or all requirements of Chapter 767, Florida Statutes (2002), as may be amended, or any requirement of this Section. Should the department confiscate any dog under this section, notice of sufficient cause to confiscate the animal shall be provided in writing to the owner in accordance with Section 767.12, Florida Statutes (2002), as may be amended. The animal shall be held for 10 business days after the owner is provided this written notice and thereafter destroyed in an expeditious and humane manner. This 10 day time period shall allow the owner to request a hearing under Section 26 of this Ordinance.
      5. Any dog that is exempted from the provisions of Chapter 767, Florida Statutes (2002), as may be amended, shall be exempt from the provision of this Section of the Ordinance.
      6. Any person who owns, harbors, or otherwise provides custody for a dangerous dog shall be responsible for any damage or injury caused by that dog, including, but not limited to, veterinary or medical bills or property damage.
   2. DANGEROUS DOG/SEVERE INJURY; SECOND ATTACK
      1. If a dog previously declared dangerous attacks or bites a human being or a domestic animal without provocation, in accordance with section 767.13, Florida Statutes (2002), as may be amended, the owner is guilty of a criminal offense.
      2. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during the pendency of any hearing or appeal procedure, as well as any and all investigative fees accrued by the department.
      3. If the owner files a timely written appeal, the department may not destroy the dog while the appeal is pending, except to prevent unnecessary suffering as determined by 2 veterinarians

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