§ 4-24. Confinement of dangerous animals.  


Latest version.
  • (a)

    Upon complaint, the department head shall investigate whether an animal should be classified as dangerous pursuant to Section 767.12, Florida Statutes and section 4-35 of this article. An animal that is the subject of a dangerous dog investigation because of severe injury to a human being may be immediately confiscated by the division of animal services, placed in quarantine, if necessary, for the proper length of time, or impounded and held. The animal may be held pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this article. 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 animal pending any hearing or appeal. During the investigation of whether an animal should be classified as dangerous, the department head may order that the animal be humanely and safely confined by the owner in a securely fenced or enclosed area which must first be approved by the department head. The animal shall be confined in such manner pending the outcome of the investigation and the resolution of any hearings or appeals related to the dangerous dog classification or any penalty imposed under this article. A dog that is the subject of a dangerous dog investigation may not be relocate or its ownership transferred pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this article. If a dog is to be destroyed, the dog may not be relocated or its ownership transferred. If an animal is classified as dangerous, the owner or keeper shall comply with the requirements of Section 767.12, Florida Statutes, and this article, which govern classification of dogs as dangerous, certification of registration, notice and hearing requirements confinement of animals, exemption appeals and unlawful acts. The owner or keeper shall immediately comply with the department head's written orders to effect the requirements of this section; failure to so comply constitutes a violation of this article and subjects the owner or keeper to the penalties provided by state law in Section 767.12(7), Florida Statutes and provided for in section 4-30 herein, and subjects the animal to seizure and, or other disposition authorized by this article.

    (b)

    In addition to the requirements of subsection (a), if a dog is classified as dangerous, the owner or keeper shall be required to spay or neuter the dog within thirty (30) days after final classification and may be subject to other provisions deemed necessary in the interest of public safety. Failure to so comply constitutes a violation of this article and subjects the owner or keeper to the penalties herein and subjects the animal to seizure under section 4-20 or other disposition authorized by this article.

(Ord. No. 86-47, § 9, 9-9-86; Ord. No. 88-55, § 4, 7-26-88; Ord. No. 2001-66, § 5, 12-11-01; Ord. No. 2018-22, § 1, 5-8-18)