§ 14-38. Dangerous Dogs; Procedures.

1.

Dangerous Dog Procedure.

A.

All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The provisions of F.S. ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their entirety as part of this Section. All procedures, regulations, requirements, and restrictions, pertaining to dangerous dogs are applicable under this article, and a violation of state law shall constitute a violation of this Ordinance. To the extent that any provision in this Ordinance conflicts with F.S. ch. 767, the statute shall control.

B.

The Director 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, and is not impounded with animal services, 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. The address of where the animal resides shall be provided to animal services. 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. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

C.

Animal services may impound any dog under investigation if the owner is unable or unwilling to securely confine the dog during the investigation. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. If the dog is impounded during this time, the owner is responsible for all costs related to impoundment unless the owner ultimately prevails and the dog is not declared dangerous.

D.

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.

E.

If the Director, or his or her designee, makes an initial determination that a dog is dangerous, based on the initial investigation, the County shall provide written notification of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The Director's initial determination shall automatically become final unless the dog's owner, within seven calendar days after receipt of the notice, files a written request for a hearing to challenge the Director's initial determination. The written request must be submitted to animal services. If the dog's owner files a timely written request for a challenge hearing, the effective date of the determination shall be the date of the final decision of the Special Magistrate.

F.

Any owner of a dog that is initially declared dangerous by the Director may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of request from the owner. The hearing may only be continued by agreement of both parties.

G.

If the Special Magistrate's determination is to uphold the dangerous dog classification, animal services shall provide written notification to the owner as required above. The dog owner may file a written request for a hearing in circuit court to appeal the classification within ten (10) business days after receiving notice. This request for hearing must be filed with the circuit court, and a copy provided to animal services within the time provided. Any such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate.

2.

Registration of dangerous dog and fees.

A.

Registration of dangerous dog. Not later than 14 calendar days after the final effective date, as specified above, that the dog is determined to be a dangerous dog, the dog's owner must file a complete written standard form application with animal services to be issued a certificate of registration for the dangerous dog. The application/administration fee for each certificate shall be established by Resolution of the Board of Commissioners. A complete application for the initial certificate of registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be identified by name and address on the Collier County Animal Services website; (iii) a receipt or other written proof that the dog has been permanently identified (via microchip); (iv) a current certificate of vaccination, against rabies for the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or neutered, the owner will provide the reason in writing signed by a Collier County licensed veterinarian.

B.

Within ten (10) days of receipt of a complete application, animal services will make a site visit to ensure provision of a proper enclosure, and posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Animal services will provide two (2) of the required signs. Upon completion of a successful site visit, animal services will issue the requested initial certificate. The duration of each certificate is 365 days. There shall be a late fee for each day that the certificate is not issued, and such late fee shall be determined by a Resolution of the Board of County Commissioners.

C.

Annual renewal of certificate of registration. A standard renewal application must be filed annually at least ten (10) calendar days prior to the date that the respective certificate is to expire. A complete application for a renewal certificate shall include the renewal/administrative fee, a current color photograph of each dangerous dog sign posted at the premises where the dangerous dog resides, and a current certificate of rabies vaccination.

D.

Failure to re-register. There shall be a late fee for each day that a complete renewal application is not filed, and such late fee shall be determined by Resolution of the Board of County Commissioners. Animal services may impound any dog whose owner has: (i) failed to re-apply for registration 30 days past the expiration of the certification; or (ii) failed to successfully complete re-registration 45 days past the expiration of the certification. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. Failure to successfully re-register the dog after 30 days of impoundment will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner, at the expense of the owner.

3.

Subsequent handling of dangerous dogs.

A.

The owner shall immediately notify animal services when a dog that has been classified as dangerous:

(1)

Is loose or unconfined;

(2)

Has bitten a human being or attacked another animal;

(3)

Is sold, given away, or dies; and/or

(4)

Is moved to another address.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to animal services. The new owner must comply with all the requirements of this Ordinance. The owner is required to notify the appropriate animal services authority if the dog is moved out of jurisdiction.

B.

It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of dependable strength and under the control of a competent person. Unless prohibited by the dog's physical make-up, as in brachycephalic breeds, the muzzle must be of a cage-style that will not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from biting a person or animal. Brachycephalic breeds of dogs must wear a suitable type of muzzle if a cage-style cannot be worn. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight and only members of the immediate household or person 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

C.

Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this section when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes.

D.

This section does not apply to dogs used by law enforcement officials for law enforcement work.

E.

A person who violates any provision of this section commits a noncriminal infraction, punishable by a fine not to exceed $500.

4.

Attack or bite by dangerous dog.

A.

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. ch. 775. In addition, the dangerous dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notice under F.S. ch. 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing as outlined above in this section. 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.

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. ch. 775. In addition, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given proper written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under this section. 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.

C.

If the owner files a written appeal under this section, the dog must be held and may not be destroyed while the appeal is pending.

D.

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 is not guilty of any crime specified under this section.

5.

Attack or bite by unclassified dog that causes severe injury or death.

A.

If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a hearing under this section, the dog must be held and may not be destroyed while the 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 during any appeal procedure.

B.

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. ch. 767.

C.

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.

6.

Violations.

A.

Failure to comply with any provision of this Section may result in a fine not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment.

B.

Failure to cure any violation of this Section within 30 days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner.

C.

Upon second occurrence of a violation of this Section, failure to cure within ten (10) days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner.

D.

Each day the owner of a dangerous dog fails to comply with the requirements of this Section or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate and distinct offense.

(Ord. No. 2018-33, § 1)