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SECTION 27. DANGEROUS DOGS AND VICIOUS DOGS.A. Classification of Dogs as Dangerous 1. The Division shall investigate reported incidents involving any dog that may be dangerous 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 by the Division, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. 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. The address of where the animal resides shall be provided to the Division. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. 2. A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. 3. A dog that is moved into Palm Beach County and which has been involved in known previous animal-to-human bites or has been equivalently classified as dangerous in its past jurisdiction(s), shall be subject to investigation and classification by the Division. All information, past history and reports from other agencies, organizations or persons may be used to determine the appropriate classification. 4. After its investigation, the Division shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous. The Division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The owner shall be afforded an opportunity for a hearing before the Hearing Board prior to a final determination of the classification. If the owner decides to appeal the initial determination, the owner shall file a written request with the Division for a hearing before the Hearing Board within seven (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, no sooner than five (5) calendar days and not more than twenty-one (21) calendar days after receipt of the request from the owner. Said written request must be accompanied by the appropriate filing fee and any applicable fees for the care and boarding of said animal (due through the fifth day following the date of the request for hearing), as well as the cost of the investigation. The filing fee shall be established by the Board by resolution and is nonrefundable. If the owner after seven (7) calendar days from the delivery of the "notice of intent to classify/sufficient cause notice,@ has not filed a written request for a hearing, the process will proceed and the dog shall be classified as dangerous. 5. Once a hearing date is set, failure to appear before the Hearing Board may, at the Hearing Board=s discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as dangerous. 6. Once a dog is classified as dangerous, the Division shall provide written notification to the owner by registered mail, certified hand delivery (signed receipt) or service of process. The owner may then file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification. In such instances, the owner must confine the dog in a securely fenced or enclosed area to prevent the animal from escaping or coming in contact with any human other than the immediate family of the owner, pending a resolution of the appeal. B. Dangerous Dog Mandates and Responsibilities Within fourteen (14) days after a dog has been classified as dangerous or a dangerous dog classification is upheld by the county court on appeal, prior to release of the dog, the owner of the dog shall obtain a certificate of registration for the dog from the Division, and the certificate shall be renewed annually. The registration fee shall be established by the Board by resolution. The Division shall issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the Division sufficient evidence of compliance with the mandates and acknowledgment of responsibilities set forth below: 1. Mandates for Owner a. Provide a certificate of rabies vaccination. b. A special dangerous dog tag supplied by the Division shall be purchased annually and affixed to the dog's collar to be worn at all times. The fee shall be established by the Board by resolution. c. A number shall be assigned to each dog that has been classified as dangerous. Such number shall be tattooed, at the owner's sole expense, upon such dog by a licensed veterinarian or person trained as a tattooist and authorized as such by any state, city or town. The number shall be tattooed on the dog's inside right thigh or right ear. At the discretion of the Division, any dangerous dog already tattooed differently from that required by this section, need not be retattooed if the existing tattoo is legible and can properly identify that dog. d. The dog shall also be implanted with an approved electronic animal identification device (EAID) at the owner's sole expense. e. The owner of a dangerous dog shall provide the Division with two (2) color photographs of the dog, (front view and side view) that clearly identifies the classified dog. Each photograph shall be at least three (3) inches by three (3) inches. f. A dangerous dog must be spayed/neutered unless a licensed veterinarian has examined the animal and certified in writing, that at such time spaying/neutering the classified dog would endanger its health because of infirmity, debility, illness or other medical consideration. However, the animal will be spayed/neutered as soon as its health permits. If there is a disagreement concerning the health status for sterilizing a dangerous dog, the Division may have the Animal Care and Control staff/contract veterinarian examine the dog to determine its eligibility for sterilization. If the disagreement cannot be resolved, the Division and the owner shall agree on a third veterinarian to examine the animal for sterilization eligibility. The cost of the third veterinarian shall be split evenly between the Division and the owner. The opinion of the third veterinarian shall govern. 2. Responsibilities for Owner a. The owner shall immediately notify the Division when a dangerous dog: 1) Is loose, unconfined or lost/stolen; 2) Has bitten a human being or attacked another animal; 3) Is sold, given away, or dies; or 4) Is moved to another address. b. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address and phone number of the new owner to the Division. The new owner shall execute a document to be supplied by the Division, acknowledging that the owner is aware of the dangerous dog classification, and that the owner shall comply with the requirements of this section herein. The new owner must comply with all of the requirements of this Ordinance. If the animal is moved out of Palm Beach County to another jurisdiction within the state, the owner is required to abide by Florida Statute Chapter 767. The animal control authority at the new location must be notified by the owner of a dog classified as dangerous, that the dog is in its jurisdiction. c. While on the owner's property, a dangerous dog must be securely confined indoors or securely confined outdoors in an enclosed and locked structure, suitable to prevent the entry of any person other than adult members of the immediate household and constructed to prevent the animal from escaping. The structure must have minimum dimensions of four (4) feet by ten (10) feet. Such structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure. The enclosure shall provide a humane existence for the dog and protection from the elements. d. When being transported, such dogs must be safely and securely restrained within a vehicle. e. The owner shall prominently display a sign to be provided by the Division at the owner's expense, on his/her premises at all entry points warning children and adults that there is a dangerous dog on the property. The fee for this sign shall be established by the Board by resolution. f. A dangerous dog may be off the owner's premises or out of its enclosure if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the 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 must prevent it from biting any person or animal. g. A dangerous dog shall not be used as a guard dog as defined in this Ordinance. h. Dogs that have been classified as dangerous shall not be used for hunting purposes. The Division shall have the authority to make whatever inspections are deemed necessary to ensure that the provisions cited herein are complied with. An owner of a dangerous dog shall have the option to have said dog humanely euthanized at his/her sole expense by the Division or licensed veterinarian if the owner is unable to comply with the requirements cited herein. 3. Violations of Mandate The Division is responsible for investigating alleged violations of paragraph 2 herein after a dog is classified as dangerous. A citation may be issued to the owner of any dangerous dog alleged to be in violation of paragraph 2. The investigating officer may issue such citation upon the receipt of one (1) sworn affidavit of complaint. This affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner, if known, and a description of the animal. C. Vicious Dog 1. Upgrading Dangerous Dog to Vicious Dog If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the dangerous dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time or impounded and held ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The Division shall make an initial determination as to whether there is sufficient cause to upgrade the dangerous classification to vicious. 2. Classifying a Dog as Vicious that has NOT Been Previously Declared Dangerous If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The Division shall make an initial determination as to whether there is sufficient cause to classify the dog as vicious. 3. Vicious Dog Classification Process a. The Division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The ten (10) day time period from date of notification, shall allow the owner to file a written request for a hearing before the Hearing Board prior to a final determination of the upgraded vicious/vicious classification. The hearing shall be held no sooner than five (5) calendar days and not more than twenty-one (21) calendar days after receipt of the request from the owner. The appropriate filing fee, any applicable fees for the care and boarding of said animal (due through the fifth day following the date of the request for hearing), and the cost of the investigation must accompany the owner=s written request. None of these fees are refundable. The filing fee shall to be established by the Board by resolution. If the owner fails to appeal within the ten (10) day period, the animal shall be euthanized. b. Once a hearing date is set, failure to appear before the Hearing Board may, at the Hearing Board's discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as vicious. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In the event that a dog is to be destroyed, the dog shall not be relocated or the ownership transferred. If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner will be exempt from this section. 4. Notice of Appeal If within the ten (10) day period after written notification of the Hearing Board's decision is received, the owner files a written appeal with the county court, the dog must be held by the Division and may not be destroyed while the appeal is pending. D. Third Violation for Dangerous/Vicious Dog In the event that a third citation is issued to an owner for violation of the dangerous/vicious dog requirements, the owner of the dangerous/vicious dog shall be required to appear in court. In addition to applicable fines and court costs, the judge may order that the owner turn the dangerous/vicious dog over to the Division for impoundment, euthanasia, etc. Failure of the owner to turn the dog over to the Division shall constitute contempt. If impoundment is ordered, the owner will be responsible for costs incurred by the Division in boarding and caring for said animal. All costs must be paid in full prior to release of said animal. Failure of the owner to comply with the judge=s order within ten (10) days shall result in euthanasia of the animal.
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