§ 14-50. Attack or bite by dangerous dog; severe bite by any dog; confiscation; destruction.
(a)
Pursuant to F.S. § 767.13, if a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten business days after the owner is given written notification under section 14-49, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 14-49. 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. If, prior to the ten-day time period, the owner notifies the animal control authority in writing of the owner's intent to challenge the animal control authority's decision to euthanize the dog, the animal control authority shall continue to impound the dangerous dog so long as the owner either posts bond or pays in advance by certified check payable to the animal control authority the estimated costs associated with impounding the dangerous dog, as estimated by the animal control authority. This amount shall include medical costs. Should the animal have to be boarded beyond the original estimated time covered by the pre-payment of fees, the owner shall be required to pay in advance by certified check the estimated weekly costs of boarding and care until the final decision has been reached. If the dog is determined not to have been a danger or potential danger under the provisions of this article or state law at the time of impoundment, the animal control authority shall process a refund of boarding and intake fees. Pursuant to Florida law, if the 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 is not guilty of any crime under this section.
(b)
If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, 775.084. In addition, the dog shall be immediately confiscated by the animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given written notification under section 14-49, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 14-49. 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. Pursuant to Florida law, if the 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 is not guilty of any crime under this section.
(c)
If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by the animal control authority, placed in quarantine, if necessary, for the proper length of time, or held for ten business days after the owner is given written notification under section 14-49, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under section 14-49. 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.
(d)
If a dog that has not been declared dangerous attacks and causes severe injury to, or the death of, a human, and the owner of the dog had knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog commits a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. If the 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 of the dog is not guilty of any crime under this section.
(e)
If the owner files a written appeal under section 14-49 or this section, the dog must be impounded and held and may not be destroyed while any lawful appeal is pending or any time frame to appeal is still open.
(f)
In the event it is determined that humane destruction of a dog is justified pursuant to this section, the owner is guilty of a noncriminal violation of this article and subject to a civil penalty, in addition to any criminal charges.
(Ord. No. 93-05, § 1(4-10), 4-13-93; Ord. No. 93-11, § 1(4-10), 6-8-93; Ord. No. 94-24, § 1, 11-15-94; Ord. No. 98-01, § 8, 1-20-98; Ord. No. 2000-06, § 2, 1-25-00; Ord. No. 04-04, § 3, 2-17-04; Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18)