§ 5-32.1. Attack or bite by dangerous dog; penalties; confiscation; destruction  


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  • (a) If a dog that has previously been declared dangerous under this article attacks or bites a person or domestic animal without provocation, the owner of the dog, upon conviction, is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. In addition, the dangerous dog shall be confiscated by the animal services division, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) calendar days after the owner is given written notification under section 5-32, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 5-32. 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 any appeal procedure.

    (b) Pursuant to F.S. § 767.13, if a dog that has been previously declared dangerous under this article aggressively attacks and causes severe injury to or death of any person or domestic animal, the owner of the dog, upon conviction, is guilty of a felony of the third degree, punishable as provided in F.S. § 775.082, 775.083 or 775.084. In addition, the dog shall be immediately confiscated by the animal services division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) calendar days after the owner is given written notification under section 5-32, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 5-32. The owner shall be responsible for payment of all boarding costs and such other fees as may be required to humanely and safely keep the dog during any appeal procedure.

    (c) Pursuant to F.S. § 767.13, if a dog that has not been declared dangerous under this article attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by the animal services division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) calendar days after the owner has been given written notification under section 5-32, and thereafter shall be destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 5-32. The owner shall be responsible for payment of all boarding costs and any other fees as may be required to humanely and safely keep the dog during any appeal procedure. In addition if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083.

(Ord. No. 2005-07, § 6, 7-12-05)