§ 6-33. Aggressive animals.
(a)
The division shall investigate complaints involving animals that may be aggressive. The public safety director shall have the authority to designate an animal as aggressive:
(1)
Provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the division, an animal shall be designated as aggressive if an animal, when unprovoked, has:
a.
Severely injured or killed a domestic animal while off the owner's property;
b.
Been used primarily or in part for the purpose of dog fighting or is a dog trained for fighting and has been determined by a neutral dog trainer or veterinary behaviorist to be aggressive to other domestic animals or people due to forced fighting;
c.
Been involved in an attack that does not result in severe injury or death of a person; or
d.
In the opinion of an animal control officer or law enforcement officer, the animal posed a threat to the safety and welfare of the community.
(b)
An animal shall not be declared aggressive if the threat, injury or damage to a person or animal was:
(1)
Unlawfully on the property;
(2)
Tormenting, abusing or assaulting the animal, its owner, a family member or guest; or
(3)
The animal was protecting or defending a person within immediate vicinity of the animal from an unjustified attack or assault.
(c)
The following procedures shall be followed in the investigation of an aggressive animal complaint:
(1)
If possible, the owner of the animal being investigated shall be interviewed. Any person and/or witness desiring to have an animal classified aggressive shall submit an affidavit to the division.
(2)
An animal that is the subject of an aggressive animal investigation shall be humanely and safely confined by the owner in a secured fenced or enclosed area and shall be subject to any reasonable restrictions placed thereon by the division pending the outcome of the investigation and resolution of any hearings related to the aggressive animal designation.
(3)
The address of where the animal resides shall immediately be provided to the division.
(4)
No animal that is the subject of an aggressive animal investigation may be relocated nor may ownership be transferred pending the outcome of an investigation and/or any hearings related to the determination of an aggressive animal declaration.
(d)
After the investigation, the public safety director shall make an initial determination as to whether there is sufficient cause to classify the animal as aggressive and shall afford the owner an opportunity for a hearing prior to making a final determination. The public safety director shall provide written notification of the sufficient cause finding to the owner by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process. The owner may file a written request for an administrative hearing by the public safety director to appeal the classification within 15 calendar days after receipt of the sufficient cause findings. The written request for a hearing shall be mailed to the address provided by the division in the aggressive animal notification letter.
(e)
Administrative hearing process for aggressive animal appeal.
(1)
Upon receipt of an owner's timely request for an administration hearing, a hearing shall be scheduled within 21 calendar days, but no sooner than five calendar days from the date the division receives the appeal request.
(2)
A notice of hearing shall be sent by first class mail or certified hand delivery to the named appellant at his/her last known address. The notice of hearing shall include the following:
a.
Place, date and time of hearing;
b.
Right of the owner to be represented by an attorney; and
c.
Right of the owner to present witnesses and evidence.
(3)
A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the division at least five calendar days prior to the date set for the hearing.
(4)
All hearings shall be open to the public. Assuming proper notice is achieved, a hearing may proceed in the absence of the owner.
(5)
The hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.
(6)
The hearing shall not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the public safety director finds it to be competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.
(7)
Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach any witnesses regardless of which party first called the witness to testify; and to rebut the evidence against him/her.
(8)
The public safety director shall make findings of fact based on the evidence of record. In order to uphold the aggressive animal determination, the public safety director must find that a preponderance of the evidence supports the determination.
a.
The public safety director shall have the power to adopt procedures for the conduct of hearings, take testimony under oath, review evidence and assess and order the payment of administrative costs.
b.
The fact finding determination of the public safety director shall be limited to whether one or more of the criteria listed in subsection 6-23(a)(1) were met. Based upon this fact finding determination, the public safety director shall either affirm or reverse the sufficient cause findings of the division.
c.
If the decision of the public safety director is to affirm the division's decision, then the owner shall be responsible to pay the administrative costs of the hearing. The owner shall also be responsible for payment of any boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures.
(9)
The owner may appeal the public safety director's findings by filing a written request for a hearing in the county court for St. Lucie County, Florida, within ten business days after the receipt of the written notification of the aggressive animal classification.
(f)
Aggressive animal requirements.
(1)
Within 14 calendar days after an animal has been declared aggressive or an aggressive animal classification has been upheld by the county court on appeal, the owner of the animal must obtain an aggressive animal license from the division.
(2)
The owner must renew the aggressive animal license tag annually.
(3)
Aggressive animal license tags shall only be issued to competent persons over the age of 18 and who present to the division sufficient evidence of compliance with all of the following:
a.
A current certificate of rabies vaccination for the animal;
b.
The animal shall be safely and securely confined on the owner's property in an enclosure suitable for a dangerous dog;
c.
Clearly visible warning signs at all entry points to the property which inform both children and adults of the presence of an aggressive animal on the property. Such signage must be approved by the division;
d.
Permanent identification of the animal, such as a tattoo on the inner thigh or electronic implantation;
e.
The animal has been sterilized; and
f.
Compliance with additional reasonable restrictions as determined on a case by case basis by the division.
(4)
Prior to issuance of the aggressive animal license tag and any renewal thereof, the owner shall pay the related fee established by resolution of the board of county commissioners.
(5)
The owner shall immediately notify the division when an animal that has been classified as dangerous:
a.
Is loose or unconfined;
b.
Has bitten a person or attacked another animal;
c.
Is sold, given away, or dies; or
d.
Is moved to another address.
(6)
Prior to an aggressive animal being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the division. The new owner shall comply with all of the requirements of this chapter.
(7)
If an aggressive animal is moved outside of the county and is later relocated back within the unincorporated areas of the county, the owner must notify the division that the animal is within the county within 48 hours of the animal being relocated
(8)
It shall be unlawful for the owner of an aggressive animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a leash and under the control of a competent person over the age of 18 years of age. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but will prevent it from biting any person or animal.
(9)
When being transported, an aggressive animal shall be safely and securely restrained within a vehicle.
(10)
The owner of an aggressive animal may exercise the animal in a securely fenced or enclosed area without a muzzle or leash, if the animal remains in the owner's sight and only members of the owner's immediate household or persons 18 years of age or older are allowed in the enclosure when the animal is present.
(11)
Hunting dogs are exempt from the provisions of this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are exempt from this section. Such dogs shall be subject to the provisions of this section at all other times.
(12)
This section shall not apply to dogs used by law enforcement officials for law enforcement purposes.
(13)
If a dog that has been previously classified as aggressive attacks or bites a person or a domestic animal without provocation, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the division, the animal shall be confiscated by the division, placed in quarantine, as requested by the department of health, if necessary, for the proper length of time or impounded and held for ten days after the owner is given written notice and thereafter declared a dangerous dog.
(14)
Upon confiscation of the animal, the division shall provide the owner of record, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of the division to have the animal declared dangerous within the time prescribed.
(15)
The owner may contest the confiscation during the ten-day period in accordance with the procedures set forth in subsections 6-23(d) and (e).
( Ord. No. 15-12, pt. D, 9-15-2015 )