§ 4-21. Bites—Duty of owner and other persons; declaration of dangerous dog; penalties.

(a)

Any owner of a dog within the city which bites or causes injury to any other person for the first time with or without the owner's knowledge shall be liable for a fine not to exceed one hundred dollars ($100.00) and liable for the victim's compensation to be determined by a court of competent jurisdiction. Violation of this subsection shall be a noncriminal and a nonjailable offense.

(b)

Any owner of a dog which has previously bitten or caused injury to any person within the city which bites or causes injury to any other person with or without the owner's knowledge shall be liable for a fine up to five hundred dollars ($500.00) or up to thirty (30) days imprisonment or both and liable for the victim's compensation to be determined by a court of competent jurisdiction.

(c)

If the dog is a dangerous dog which has already been registered with the city and for which monies were placed in an escrow account, then those escrow monies shall be applied toward the compensation of the victim and for legal costs as provided in section 4-27 as necessary.

(d)

In the event that any person is bitten by a dog within the corporate limits of the city, then it shall become the duty of such person or the owner of the dog with knowledge thereof or of any other person with knowledge thereof, including every employee and agent of the city and every veterinarian and physician practicing within the city, to report such incident to the police department of the city or to the county health department within twenty-four (24) hours thereafter.

(e)

The animal control authority shall cause any reported dog bite to be investigated to determine whether the dog falls within the definition of a dangerous dog as contained in section 4-15 or falls within the exclusions to that definition.

If the animal control authority makes an initial determination that there is sufficient cause to classify the dog as a dangerous dog, then the animal control authority shall provide the owner with written notice of the sufficient cause finding, via registered mail or certified hand delivery. The owner shall be provided an opportunity for a hearing prior to making a final determination. The owner may file a written request for a hearing with the city manager within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible before the city manager, or his/her designee, but not more than twenty-one (21) calendar days and no sooner than five (5) calendar days after receipt of the written request for hearing from the owner. The city manager, or his/her designee, shall conduct the hearing and shall make the final determination as to whether or not the dog qualifies to be classified as a dangerous dog. If a final determination is made that the dog is classified as a dangerous dog, the owner shall be provided with written notice of the final determination at the hearing and shall also be notified that the dog is required to be registered with the city in accordance with section 4-28.1 within three (3) days.

If no request for hearing is filed by the owner within seven (7) calendar days from the date of receipt, then the animal control authority shall make a final determination as to whether or not to classify the dog as a dangerous dog. The owner shall be provided, via registered mail or certified hand delivery, with written notice of the final determination that the dog has been classified as a dangerous dog and that the dog is required to be registered with the city as provided in section 4-28.1 within three (3) days. The owner has the right to appeal the classification to the county court within ten (10) business days after receipt of the written final determination of a dangerous dog classification. The dangerous dog must be confined in a securely fenced or enclosed area pending a resolution of the appeal to the court. The registration requirements contained in section 4-28.1 are still required within three (3) days even if the owner intends to file an appeal with the court. If the owner prevails on appeal, the owner will be reimbursed the registration fees.

All investigation, notices, hearings, and holding of the dog requirements shall comply with Florida Statutes, Section 767.12.

(f)

This section applies to all dogs regardless of evidence that the dog is likely to attack a person or not, unless exempted under section 4-15(c)(5).

(Ord. No. 06O-10-174, § 1, 11-13-06)