§ 4-12. Dangerous dog classification procedures, requirements, owner responsibilities, and penalties.
(a)
Procedures to classify a dog dangerous .
(1)
Investigation . The Division shall investigate reported incidents involving any dog whose actions may result in the dog being classified as dangerous. As part of the investigation, the Division shall, if possible, interview the dog's owner and require a sworn affidavit from any person, including any animal care specialist or law enforcement officer, who may have information relating to whether the dog might be dangerous.
(2)
Initial Determination. Upon completing its investigation, the Division shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and, if sufficient cause is found, as to the proposed provisions for maintaining the dog pursuant to (b) and (c) herein ("Provisions"). If the Division determines that there is sufficient cause, the Division shall provide written notification of its initial determination of sufficient cause finding and proposed Provisions to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process.
(3)
Availability of Hearing to Challenge the Initial Determination. The written notification referenced in (2) above shall inform the owner that, notwithstanding any other provisions of this chapter, if the owner wishes to challenge the initial determination of sufficient cause regarding the dangerous dog classification, proposed Provisions, or both, the owner must file a request for a hearing with the Division within seven (7) calendar days after the owner receives notice of the Division's initial determination and proposed Provisions.
(4)
Effect of Not Timely Requesting Hearing. If the owner fails to timely request a hearing pursuant to (3) above regarding the dangerous dog classification or proposed Provisions, the Division's determination as to such matter shall become final. Upon a dangerous dog classification and Provisions becoming final after a hearing or by operation of law pursuant to this section, the Division shall provide a written final order to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process.
(5)
Effect of Timely Requesting Hearing. If the owner timely requests a hearing pursuant to (3) above, the hearing shall be held no sooner than five (5) calendar days after filing the request and no later than twenty-one (21) calendar days after the filing. The hearing shall be conducted in accordance with Section 4-12.5. If the Hearing Officer determines that the dog should be classified as dangerous, the Division shall provide written notice of such classification (along with a copy of the Hearing Officer's order) to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. A Hearing Officer's order may be appealed to the Seventeenth Judicial Circuit as provided by the Florida Rules of Appellate Procedure.
(6)
Confinement of Dog Pending Investigation, Hearing, and Appeal.
a.
A dog that is the subject of a dangerous dog investigation because of severe injury to a human being may be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time, or impounded and held. The dog may be held pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any Provisions imposed pursuant to this section. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog pending any hearing or appeal.
b.
During any investigation as to whether a dog is dangerous, and until the resolution of any subsequent hearing or appeal (as applicable), the owner of the dog, if allowed to maintain possession of the dog, must keep the dog in a humane and safe manner in a securely fenced or enclosed area from which the dog may not escape (over, under, or through). The dog must be muzzled, leashed, and under the control of a person capable of controlling the dog whenever the dog is not within such securely fenced or enclosed area to prevent it from coming into contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner. The owner shall provide to the Division the address where the dog is kept. No dog that is the subject of a dangerous dog investigation or that is to be destroyed may be relocated, nor may ownership of the dog be transferred, pending the outcome of an investigation or any hearing or appeal related to the determination of a dangerous dog classification or any proposed Provisions imposed pursuant to this section.
Except for the prohibition on transferring ownership, the requirements in this (6)b. are inapplicable while a dog is impounded by the Division.
c.
Any dog that is used as a service dog for blind, hearing impaired, or disabled persons that bites another animal or a human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian.
(7)
Timing for Compliance with Dangerous Dog Requirements.
a.
Except as provided in (7)b. herein, within fourteen (14) calendar days after an order has been issued classifying a dog as dangerous under (4) or (5) above, or within fourteen (14) calendar days after such order has been upheld in any appeal (dismissal of the appeal shall be deemed to uphold the classification), the owner of the dog must comply with all of the Dangerous Dog Requirements referenced in (b) below. If the owner has not demonstrated full compliance with those requirements within such fourteen (14) day period, the Division may confiscate and impound the dog and subsequently dispose of the dog in a humane manner at the owner's expense.
b.
If a dog is classified as a dangerous dog due to an incident that causes severe injury to a human being, based upon the nature and circumstances of the injury and the likelihood of a future threat to the public safety, health, and welfare, the dog may be destroyed in an expeditious and humane manner.
(b)
Dangerous Dog Requirements.
(1)
Registration and Licensure. Any person who owns (or keeps, if a person other than the owner) a dog that has been classified as a dangerous dog within Broward County must register the dog as dangerous with the Division and obtain a dangerous dog license. Any person who brings a dog into Broward County that has been declared dangerous by another jurisdiction, and who intends to reside in Broward County with such dog, shall register the dangerous dog and obtain a dangerous dog license within fourteen (14) calendar days after establishing residency in the County. Failure to timely register or license a dangerous dog and renew said registration will subject an owner to citation for noncompliance of this ordinance. The fees for registration and licenses shall be as established by resolution. Financial penalties as set by resolution shall be imposed if a dangerous dog is not timely registered and licensed or if the registration or license is not timely renewed. The Division may issue dangerous dog registrations, licenses, and license renewals only to owners at least eighteen (18) years of age.
(2)
Conditions Precedent to Registration. No dangerous dog may be registered with the Division unless and until all of the following requirements have been met:
a.
The owner shall, at the owner's expense, have the dangerous dog implanted with a Division-approved electronic animal identification device (microchip) and sterilized, unless a licensed veterinarian certifies, in writing, that spaying or neutering the dog would endanger the dog's health. However, if the health condition of the dog is of a temporary nature, the dog shall be spayed or neutered immediately after the health condition has been corrected. The owner shall provide the Division with the microchip manufacturer and number and evidence of sterilization. The time period for sterilization of the dog may be extended by the Division Director upon demonstration by the owner of circumstances that prevent sterilization of the dog within the required fourteen (14) day period. The owner may obtain microchips from the Division, if available, at the fee set by resolution. The microchip number will become the dangerous dog registration number.
b.
The owner shall display a sign on his or her property warning that there is a dangerous dog on the premises. Said sign shall be clearly visible from all entry points and inform both children and adults of the presence of a dangerous dog on the property. The sign shall read "Dangerous Dog" or "Beware of Dog."
c.
The owner of a dangerous dog must have in place, on the property where the dangerous dog will be kept, the proper enclosure of a dangerous dog as defined above in this Chapter.
d.
The owner shall provide evidence of a current certificate of rabies vaccination for the dog.
e.
The owner shall execute a document consenting to the Division staff entering the property or any buildings or structures on the owner's property, with or without prior notice, for the sole purpose of conducting inspections to ensure that the dog's owner is meeting his or her responsibilities, as applicable, under Subsection (c) below.
f.
The owner shall, at the owner's expense, have the dog evaluated by a credentialed animal behavior specialist, provide a copy of the written evaluation to the Division, and agree in writing to comply in full with all recommendations made by the specialist.
g.
The owner shall be required to sign an agreement provided by the Division to pay the documented, reasonable veterinary expenses and disposal costs, if applicable, of the victim of the attack that resulted in the dog's classification as dangerous. The owner of the dangerous dog shall deliver a check, payable to the victim, or other form of payment acceptable to the Division within fifteen (15) days after being provided with the documented, reasonable veterinary expenses and disposal costs.
(3)
Hunting. Dogs that have been classified as dangerous may not be used for hunting purposes.
(c)
Responsibilities of Owners of Dangerous Dogs. The owner (or keeper, if other than the owner) of a dangerous dog shall:
(1)
Renew the dangerous dog license annually. Failure to renew the dangerous dog license within thirty (30) calendar days after the expiration of the previous license shall result in the assessment of a late renewal penalty as set by resolution, and will subject the owner to citation for non-compliance with this chapter. In the event a current dangerous dog license is lost, destroyed, misplaced, or otherwise missing, the owner must obtain a replacement dangerous dog license at the fee set by resolution.
(2)
Ensure that the dog, while on the owner's property, is securely confined indoors, or securely confined in a proper enclosure of a dangerous dog as defined in Subsection 4-12(a)(6). At any time that a dangerous dog is not so confined, the dog shall be muzzled and restrained in such a manner as to prevent it from biting or injuring any person or animal, and kept on a substantial chain or leash by a person able to exercise control over the dog. 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. However, the foregoing requirements of this subsection do not apply:
a.
When the dog is in attendance at and participating in any dog show, contest, or exhibition not prohibited under Section 828.122, Florida Statutes, and that is sponsored by a dog club, association, society, or similar organization.
b.
While the dog is being transported within the cab or passenger portion of any motor vehicle, provided the vehicle has a roof, and the dog cannot escape through an open window.
c.
When the owner is exercising the dog in a securely fenced or enclosed area that does not have a top, provided that the dog remains within the owner's sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosed or fenced area when the dog is present.
(3)
Notify the Division immediately if the dangerous dog becomes loose, unconfined, attacks, or bites a human being or another animal, dies, is sold, or is given away. In the event of the dog's death, the owner shall provide to the Division satisfactory evidence (as determined by the Division) of the dog's death. If the dangerous dog is sold or given away, the owner shall provide to the Division the name, address, and telephone number of the new owner of the dangerous dog. The new owner shall, if located in Broward County, within fourteen (14) calendar days after receiving the dog, execute a new document to be supplied by the Division, acknowledging that he or she is aware of the dangerous dog classification, and agreeing that the new owner shall comply with all of the requirements of this chapter.
(4)
Notify the Division immediately if the owner believes that the dangerous dog has been stolen. The owner must, concurrently with that notification, report the theft to the appropriate local law enforcement authority and provide the official police report to the Division.
(5)
Notify the Division immediately if the owner moves to another address with the dangerous dog, which notification shall identify such address.
(6)
Have the dangerous dog disposed of in a humane manner at the owner's sole expense by the Division or a licensed veterinarian if the owner is unable or unwilling to comply with all applicable requirements and mandates contained in this chapter.
(7)
Be and remain in full compliance with all recommendations made by the animal behavior specialist referenced above in Subsection 4-12(b)(2) f.
(8)
Meet the obligation under any agreement executed as referenced in Subsection 4-12(b)(2) g.
(d)
The Division shall have the authority to make whatever reasonable inspections are deemed necessary to ensure that the provisions of this chapter are complied with. The Division may impound a dangerous dog if the owner fails to comply in full with the dangerous dog requirements provided herein. A dangerous dog impounded for the owner's failure to comply may be redeemed by the owner upon the owner's demonstration of full compliance and payment of any boarding fees, impound fees, and other applicable fees established by resolution. If the owner does not comply with the dangerous dog requirements and redeem the dangerous dog within fourteen (14) days of the date the dog was impounded pursuant to the terms of this subsection, the dog shall be disposed of in an expeditious and humane manner.
(e)
The owner of a dangerous dog may surrender the dangerous dog to the Division if the owner is unable or unwilling to comply with the requirements of this chapter.
(f)
The sections of this chapter related to dangerous dogs shall not apply to dogs owned and used by a law enforcement agency.
(g)
Violations of Dangerous Dog Requirements or Responsibilities of Owners of Dangerous Dogs. Each failure to comply with a dangerous dog requirement or responsibility of a dangerous dog owner contained in this chapter shall constitute a noncriminal infraction, punishable by a fine of five hundred dollars ($500) payable to the County. The owner may contest the fine and citation as provided in Section 4-28.
(h)
Impoundment, Confiscation, and Disposition of Dangerous Dogs .
(1)
In the event that any animal care specialist has sufficient cause to believe that a dog is dangerous and that the owner is unable or unwilling to securely confine the animal, the animal care specialist may, if deemed by such animal care specialist to be necessary to protect the public, impound the dog pending completion of any investigation, hearing, or appeal. An owner's refusal to surrender a dog for such impoundment shall constitute a violation of this chapter.
(2)
If a dog that has previously been classified as dangerous attacks or bites a person or a domestic animal without provocation, the Division shall immediately confiscate and impound the dog. The Division shall provide ten (10) days' written notice to the owner to allow the owner to request a hearing under Section 4-12.5. If the owner has not requested a hearing prior to the expiration of ten (10) days after the date the owner receives the notice, the Division is authorized to dispose of such dangerous dog in an expeditious and humane manner.
(2)
If a dog that has previously been classified as dangerous attacks or bites a person or a domestic animal without provocation, the Division shall immediately confiscate and impound the dog. The Division shall provide ten (10) days' written notice to the owner to allow the owner to request a hearing under Section 4-12.5. If the owner has not requested a hearing prior to the expiration of ten (10) days after the date the owner receives the notice, the Division is authorized to dispose of such dangerous dog in an expeditious and humane manner.
(3)
For any period of impoundment or quarantine referenced in (1) or (2) above, or referenced elsewhere in this chapter, the owner shall be responsible for payment of all boarding costs and other fees associated therewith.
(4)
Notice under this section shall be effected by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process.
(5)
If the owner requests a hearing or files an appeal under (2) above, the dog must be held by the Division, at the owner's expense, and may not be disposed of while the hearing or appeal is pending. The dog may be relocated to and held, at the owner's sole expense, at a licensed boarding facility or veterinary clinic, if necessary, at the sole discretion of the Director.
(i)
If any owner or keeper of a dangerous dog is a minor, the parent or guardian of such minor shall be responsible for complying with the provisions of this chapter.
(j)
Exemptions.
(1)
Dogs that are owned, or the services of which are employed, by a law enforcement agency are exempt from this section.
(2)
Hunting dogs, when engaged in any legal hunt or training procedure, and dogs, when engaged in training or exhibiting in legal sports or procedures such as obedience trials, conformation shows, field trials, hunting or retrieving trials, and herding trials, are exempt from this section.
(Ord. No. 87-21, § 1, 5-12-87 Ord. No. 88-76, § 2, 11-8-88; Ord. No. 95-42, § 9, 10-24-95; Ord. No. 1998-41, § 6, 11-10-98; Ord. No. 2001-67, § 3, 12-11-01; Ord. No. 2005-35, § 2, 9-13-05; Ord. No. 2008-21, § 2, 5-13-08; Ord. No. 2011-03, § 1, 1-15-11; Ord. No. 2013-10, § 1, 2-12-13; Ord. No. 2016-35 , § 2, 12-13-16)