§ 4-13. Guard dogs.
(a)
For purposes of this section, the following terms shall have the meanings indicated:
(1)
Guard dog: The term "guard dog" as used in this section shall mean any type of dog used for the purpose of defending, patrolling, or protecting property or life at any commercial establishment or which resides on the commercial property. The term "guard dog" shall exclude any stock dogs used primarily for handling and controlling livestock or farm animals.
(2)
Guard dog service: Any person, firm or corporation which trains, sells, rents, leases or loans guard dogs for the purpose of defending, patrolling or protecting property or persons.
(3)
Kennel: An establishment where guard dogs are lodged.
(4)
Registration: The process of presenting a guard dog to the Division for purposes of registering and documenting the existence of the guard dog in Broward County.
(b)
No guard dog service or individual shall own or keep a guard dog without registering the guard dog with the Division and obtaining a guard dog registration tag. A late registration penalty as set by resolution shall be imposed if the guard dog is not registered within the time period specified in Subsection (c) below. The procedures and requirements for registering the guard dog are as follows:
(1)
Prior to required registration, the owner of the guard dog service or the owner of the guard dog shall have the dog inoculated with a rabies vaccine by a licensed veterinarian.
(2)
The guard dog service or owner of the guard dog shall complete a guard dog registration form for each guard dog and pay a one-time guard dog registration fee as set by resolution for each guard dog being registered.
(3)
The owner of the guard dog service or the owner of the guard dog shall, at the owner's expense, have the guard dog implanted with a Division-approved electronic animal identification device (microchip) and provide the Division with the microchip manufacturer and number. The owner of the guard dog service or the owner of the guard dog may obtain the microchip for each guard dog registered from the Division at the fee set by resolution. The microchip number will become the guard dog registration number.
(4)
A guard dog registration tag shall be obtained at the fee set by resolution. The guard dog registration tag must be renewed annually. Failure to renew the guard dog registration tag within thirty (30) calendar days from the expiration of the previous tag will result in the assessment of a late renewal penalty as set by resolution and will subject the owner of the guard dog service or owner of the guard dog to citation for non-compliance of this Ordinance. In the event a current guard dog registration tag is lost, destroyed, misplaced, or otherwise missing, a replacement guard dog registration tag must be obtained at the fee set by resolution for replacement guard dog registration tags.
(5)
Registration information shall include the following for each dog:
a.
Name, address, and telephone number of the owner and manager;
b.
The breed, sex, weight, age, and color(s) of the guard dog;
c.
A color photograph of the guard dog;
d.
Other distinguishing physical features of the guard dog;
e.
Proof of ownership (i.e., bill of sale, receipt, or notarized affidavit) including the name and address of the person from whom the dog was obtained;
f.
A notarized affidavit signed by the previous owner acknowledging that the dog will be used as a guard dog. This requirement shall be waived if the dog has been previously registered to the guard dog owner for more than one (1) year in the county; and
g.
A current certification from a veterinarian who is licensed in Florida stating that the guard dog has been examined and is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division and shall provide it to the examining veterinarian for completion.
(6)
At least every six (6) months, each guard dog shall be examined by a veterinarian who is licensed in Florida to determine whether the dog is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division, shall provide it to the examining veterinarian for completion and, upon completion, shall provide it to the Division.
(7)
No dog shall be used as a guard dog unless and until the dog has been registered with the Division.
(8)
No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog.
(9)
No dog shall be used as a guard dog while it is pregnant or lactating.
(10)
If any dog is used as a guard dog prior to being registered, a double registration fee shall be imposed to register the guard dog.
(c)
Guard dogs newly acquired by guard dog services shall be registered with the Division and either be vaccinated for rabies or the owner shall have submitted proof of vaccination to the Division no later than seventy-two (72) hours after acquisition.
(d)
The owner of the guard dog service or the owner of a guard dog shall comply with Sections 4-10 and 4-11 of this chapter, to the extent such sections do not conflict with this section. The guard dog is not required to wear a rabies registration tag in addition to the guard dog registration tag.
(e)
The Director shall maintain records of all guard dogs registered with the Division. Immediately upon transfer of ownership, death, or disappearance of a guard dog, each guard dog service or owner shall notify the Division. Upon receipt of the information, the appropriate entry shall be made to the guard dog registration record. If the guard dog has disappeared, an entry should be made to reflect the locale and the circumstances resulting in such disappearance.
(f)
An animal care specialist shall at any reasonable time, unannounced, upon presentation of proper credentials, have the right to enter and inspect all kennels housing guard dogs and other nonresidential premises where such dogs are in use, being trained, or kept. All records for each guard dog, including vaccination, veterinary, and medical treatment records, and all records concerning the training, sale, or use of a guard dog, shall be accessible for determination of compliance with this section. Refusal to allow inspection of a guard dog, premises, or records shall be a violation of this chapter.
(1)
Guard dog services shall require any customer that procures the use of a guard dog to sign an agreement authorizing officers of the Division to perform unannounced inspections of any guard dog and premises where the guard dog is being used as a guard dog.
(2)
Guard dog services shall maintain records identifying the name, address, and telephone number of each customer procuring the use of a guard dog and the physical location of each guard dog (with registration number), if different than the customer's address.
(3)
On a bi-weekly basis, guard dog services shall provide the Division with complete records identifying the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (with registration tag number).
(4)
Guard dog services and guard dog owners shall immediately notify the Division in writing when a guard dog is temporarily or permanently removed from service due to sickness, injury, a medical condition, or death.
(5)
Guard dog services and guard dog owners shall maintain records of the acquisition, transfer of ownership, death, or disappearance of a guard dog.
(6)
The records required to be maintained herein shall be maintained for a period of at least two (2) years from the date of creation, and shall be provided to the Division upon request, unless otherwise provided herein.
(g)
It shall be unlawful for any person, firm, or corporation to own or harbor any guard dog in the County that has not been inoculated, registered, and implanted with an electronic animal identification device as provided by this section.
(h)
Transportation of Guard Dogs .
(1)
The vehicle of every guard dog service or owner transporting any guard dog must be clearly marked, showing that it is transporting a registered guard dog. A compartment separate from the driver is required which shall be arranged to ensure adequate ventilation for the dog.
(2)
No guard dog shall be transported in the trunk of a car or in an unenclosed portion of a vehicle, including, but not limited to convertibles, pickup trucks, open-bed trucks, or flat-bed trucks. However, a guard dog may be transported in an unenclosed portion of a vehicle if the animal is securely confined within a cage. The cage must be securely anchored to the vehicle in order to prevent movement about the vehicle.
(i)
Use of Guard Dogs .
(1)
Each business which hires or uses a guard dog shall provide adequate fencing or some other confining structure to keep the guard dog within the guarded area. The business owner or person responsible for managing each business that hires or uses a guard dog is responsible for each guard dog hired or used. The guard dog shall wear a current guard dog registration tag with proof of rabies inoculation available for inspection by the Division and shall be implanted with an electronic animal identification device as required by this section.
(2)
Each business which hires or uses a guard dog that is on the premises during that business's operating hours shall have the dog confined or restrained in such a manner so as not to have access to those areas open to the public or to otherwise pose a danger to the public.
(3)
The business owner or person responsible for managing a business which hires or uses a guard dog shall be responsible for having at each appropriate location and entry point, and at fifty-foot intervals along the fence perimeter, if applicable, a sign posted including the words "Bad Dog" or "Dangerous Dog" in black six (6) inch high letters on a white background.
(4)
Entry points shall have a sign posted with the telephone number of the dog's trainer or handler and owner in case of an emergency.
(5)
Guard dogs shall be given a humane existence, and shall at all times be maintained in accordance with the requirements of Section 4.6. Guard dogs that are confined in a cage shall have at least one-half (½) hour of exercise within each eight (8) hours of confinement. It shall be unlawful for any person, owner, or manager keeping a guard dog to fail to provide clean, sanitary, safe, and humane conditions; sufficient quantities of wholesome food daily; adequate quantities of visible, clean, and fresh water available at all times; proper air ventilation and circulation; if located outside, full protection and shelter from the elements; and medical attention and necessary veterinary care when it is sick, diseased, or injured.
(6)
No dog which has been classified as dangerous pursuant to this chapter shall be used as a guard dog.
(7)
Any person who uses the service of a guard dog shall be responsible to assure that the guard dog is provided a humane existence in accordance with Section 4-6, and shall immediately contact the Division to report any guard dog that is sick, diseased, lame, or injured.
(8)
The Division shall impound any guard dog owned by a person that is cited and found to be in violation of Section 4-6, or 4-13(i)(5) herein. The guard dog may be redeemed in accordance with Section 4.5, upon submittal of evidence satisfactory to the Division, that the cause of the violation has been remedied. The guard dog shall only be released after a satisfactory review of the living conditions of the guard dog by an animal care specialist.
(9)
Each person or business that rents or uses a guard dog to patrol the premises after that business's operating hours shall provide adequate fencing, or some other confining structure, to keep the guard dog within the premises.
(j)
Guard Dog Permits Required for Operators of Guard Dog Services and Owners of Guard Dogs.
(1)
Any person seeking to operate a guard dog service or who owns a dog being used to defend, patrol, or protect property or life at any nonresidential establishment in Broward County shall obtain a guard dog permit.
(2)
A guard dog permit is valid for a period of twelve (12) months after the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration.
(3)
A guard dog permit is not transferable, assignable, or refundable.
(4)
The guard dog permit fee shall be established by the Commission by resolution.
(5)
Any person holding a guard dog permit who keeps, on commercial premises, any guard dog that is not registered as a guard dog, or who has been found in violation of Section 4-13, shall forfeit the guard dog permit, and shall not conduct business as a guard dog service until such time that the person holding the guard dog permit is in full compliance with Section 4-13.
(k)
Obtaining a Guard Dog Permit.
(1)
A person seeking a guard dog permit shall apply to the Division on a form approved by the Division.
(2)
The permit application shall include but is not limited to the following information:
a.
The name, address, and telephone number of the applicant and a description of the location(s) at which guard dogs will be maintained;
b.
A statement as to whether the applicant or any officer or employee of the guard dog service has ever been convicted of an offense involving cruelty to animals or has had a final judgment entered against that person under Section 828.073, Florida Statutes, or any other statute prohibiting animal neglect or mistreatment;
c.
The breed, sex, age, color(s), and guard dog registration tag number (microchip number) of each dog that will be used as a guard dog;
d.
If applicable, a complete list containing the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (identified by registration tag number), if different than the customer's address;
e.
The name, address, and telephone number of the applicant's veterinarian(s);
f.
The name, address, and telephone number(s) of the person(s) responsible for training and providing food, water, exercise, and care to each guard dog; and
g.
If applicable, proof of business tax receipt from the Broward County tax collector.
(3)
The permit applicant shall complete an application, supply all information requested by the Division, and pay the applicable permit fee established by the Commission by resolution. No application shall be deemed complete and reviewable until the permit fee is paid.
(4)
Applicants shall meet all minimum compliance specifications within thirty (30) days after filing the permit application. Failure to do so will require a new application to make corrections to meet minimum compliance specifications.
(l)
Permit Denial, Revocation, and Suspension.
(1)
The Division may deny, revoke, or suspend any permit if it is determined by the Division that:
a.
There has been a material misstatement or misrepresentation in the permit application or in any information or documents required to be maintained or provided to the Division;
b.
The applicant or permit holder has been cited for at least two (2) violations of this Chapter within a one-year period, each resulting in the imposition of a fine;
c.
The applicant or permit holder has failed to pay a fine or to request a hearing in compliance with this Chapter to answer the charges of a citation within thirty (30) days after issuance of the citation;
d.
The applicant or permit holder, or officer of the guard dog service has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him or her pursuant to Section 828.073, Florida Statutes; or
e.
An animal under the care and responsibility of an applicant or permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain, or death.
(2)
No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided by the Commission by resolution.
(m)
Appeal Process.
(1)
Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal the adverse action to a hearing officer by filing a written notice of appeal with the Division within ten (10) days after issuance of the notice of adverse action.
(2)
The appeal will be heard by a hearing officer within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the Division, the hearing officer, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown.
(3)
Unless otherwise provided herein, the hearing before the hearing officer shall be governed as provided in Section 4-12.5.
(4)
The denial, revocation, or suspension of the permit shall be upheld or reversed by the hearing officer.
(n)
Requirements Following Notice of Adverse Action and/or Appeal Process.
(1)
If the notice of denial, revocation, or suspension of a guard dog permit is not appealed within ten (10) days after the notice of the written decision of the hearing officer is issued, the applicant or permit holder shall immediately cease and desist operation of a guard dog service or use of a guard dog for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in Broward County.
(2)
Any person whose permit has been revoked may not reapply for a period of one (1) year.
(3)
Each reapplication for a permit shall be accompanied by a fee to be established by the Commission by resolution.
(4)
Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate a guard dog service in the County.
(Ord. No. 87-21, § 1, 5-12-87; Ord. No. 95-42, § 11, 10-24-95; Ord. No. 1998-41, § 7, 11-10-98; Ord. No. 2001-67, § 5, 12-11-01; Ord. No. 2013-10, § 1, 2-12-13)