§ 1-4-30. Threatening, dangerous or vicious animals.

There shall be in this county a three (3) level classification of dogs and other potentially dangerous animals: 1) "Threatening animals", 2) "Dangerous animals" and 3) "Vicious animals".

(a)

Threatening animal.

(1)

Definition:

a.

A threatening animal is one that has done any of the following:

(i)

Attacked (i.e., made violent physical contact with) and injured in any manner a domestic animal);

(ii)

When unprovoked, has chased or approached a person, on or off the owner's or keeper's property, in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons, or observed by an animal control officer;

(iii)

Was found at large (off the owner's or keeper's property) three (3) times in an eighteen-month period or received three (3) citations within such period;

(iv)

Was impounded by animal control three (3) times (regardless of the time period involved);

(v)

Was found to constitute, in the opinion of the animal control director, a threat to public health or safety; or

(vi)

Was recommended by an animal control officer to be declared a "threatening animal."

(2)

Penalties:

a.

After the animal has been determined to be a threatening animal after a hearing or waiver of hearing by the owner or keeper under subsection 1-4-30(d),

(i)

The owner or keeper shall register the animal with animal control as a threatening animal;

(ii)

Such animal shall be listed on the animal control "dangerous animal" website;

(iii)

Such animal may not be permitted outside a proper enclosure unless it is muzzled and restrained by a substantial chain or leash no more than three (3) feet in length under control of a competent person at least sixteen (16) years of age;

(iv)

The owner or keeper may exercise the animal in a securely fenced or enclosed area without a muzzle or leash, if the animal remains within sight and only members of the immediate household or persons sixteen (16) years of age or older are allowed in the enclosure with the animal; and

(v)

When being transported, such animal must be safely and securely restrained within a vehicle.

(b)

Dangerous animal.

(1)

Definition:

a.

An animal that has done any of the following:

(i)

Attacked a person;

(ii)

Killed or severely injured a domestic animal (i.e., caused a physical injury that resulted in broken bones, multiple bites), or was kept for purposes of animal baiting or fighting;

(iii)

Been a repeat offender under the "threatening animal" prohibitions.

(2)

Penalties:

a.

After the animal has been determined to be a "dangerous animal", after a hearing or waiver of hearing by the owner or keeper under subsection 1-4-30(d).

(i)

The owner shall register the animal with animal control as a dangerous animal;

(ii)

Such animal shall be listed on the animal control website as a dangerous animal;

(iii)

The owner or keeper shall put a "dangerous animal" tag on the animal's collar, to be worn at all times;

(iv)

The owner or keeper shall have the animal implanted with a microchip and tattooed upon the animal and printed upon its color an assigned number;

(v)

The owner or keeper shall immediately notify animal control if the animal gets loose or has bitten a person or attacked an animal, has been sold or given away, died or moved;

(vi)

The owner or keeper shall provide to any new owner the information that the animal has been classified as a "dangerous animal";

(vii)

The owner or keeper shall place a "dangerous animal on property" sign at all entry points to the owner's property, along with a photograph or drawing, approved or supplied by animal control, making it clear to children that a dangerous animal is on the property;

(viii)

The animal shall be securely confined indoors or in locked pen (4 × 10 feet) with a top and a concrete floor, and animal control shall have the right to inspect said enclosure at any reasonable time;

(ix)

The owner or keeper or a competent person at least sixteen (16) years of age may take the animal off the property only with a muzzle and a substantial leash or chain measuring no more than three (3) feet;

(x)

The animal shall never be used as a guard or security animal; and

(xi)

The owner or keeper shall have taken a color front and side photo of the animal for identification, and such photo shall be kept on file by animal control.

(c)

Vicious animal.

(1)

Definition:

a.

An animal that has done any of the following:

(i)

Attacked and killed a person or caused severe injury (i.e., caused a physical injury that resulted in broken bones, multiple bites, or lacerations) to a person;

(ii)

Been a repeat offender under parts i, ii or iii of the dangerous animal prohibitions at subsection (b)(1)(a.).

(2)

Penalties:

a.

After the animal has been determined to be a vicious animal, after a hearing or waiver of hearing by the owner or keeper under subsection 1-4-30(d).

b.

The animal shall be humanely euthanized.

c.

Pending an animal's classification as vicious it shall not be sold, given away or moved to a new location.

(d)

Appeal process (owners' or keepers' rights).

(1)

An animal control authority shall investigate reported incidents involving any animal that may be a threatening, dangerous or vicious animal 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 an animal classified as either a threatening, dangerous or vicious animal. Any animal that is the subject of such investigation, that is not impounded with the animal control authority, 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 animal's classification. The address of where the animal resides shall be provided to the animal control authority. No animal that is the subject of investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a threatening, dangerous or vicious animal classification. In the event that such animal is to be destroyed, the animal shall not be relocated or ownership transferred.

(2)

An animal shall not be declared a threatening, dangerous or vicious animal 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 animal or its owner, keeper or a family member. No animal may be declared dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

(3)

After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the animal as a threatening, dangerous or vicious animal and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner or keeper, 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 or keeper may file a written request for a hearing within seven 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, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner or keeper. Such hearing shall be held pursuant to F.S. § 767.12(c).

(4)

Once an animal is classified as a threatening, dangerous or vicious animal, the animal control authority shall provide written notification to the owner or keeper by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing before a county court in the Circuit Court for the Twentieth Judicial Circuit for Charlotte County to appeal the classification within ten (10) business days after receipt of a written determination of threatening, dangerous or vicious animal classification and must confine the animal in a securely fenced or enclosed area pending a resolution of the appeal.

(5)

Within fourteen (14) days after an animal has been classified as a threatening, dangerous or vicious animal by the animal control authority or such classification is upheld by the county court on appeal, the owner or keeper of the animal must obtain a certificate of registration for the animal in the form attached at the end of this section from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of:

a.

A current certificate of rabies vaccination for the animal.

b.

A proper enclosure to confine the animal and the 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 or vicious animal on the property.

c.

Permanent identification of any animal classified as a "dangerous animal", such as a tattoo on the inside thigh as well as electronic implantation.

(6)

The owner or keeper shall immediately notify the appropriate animal control authority when a animal that has been classified as threatening, dangerous or vicious:

a.

Is loose or unconfined.

b.

Has bitten a human being or attacked another animal.

c.

Is sold, given away, or dies.

d.

Is moved to another address.

(7)

Prior to a threatening or dangerous animal being sold or given away, the owner or keeper shall provide the name, address, and telephone number of the new owner or keeper to the animal control authority. The new owner or keeper must comply with all of the requirements of this section even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner or keeper of such animal that the animal is in his or her jurisdiction.

(8)

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 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 section. Dogs or other animals that have been classified as threatening, dangerous or vicious animals shall not be used for hunting purposes.

(9)

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

(10)

Any animal that has been classified as a threatening, dangerous, or vicious animal that bites a person or domestic animal shall be in violation of this article and may be confiscated. Pursuant to Florida Statute § 767.13, the classified animal shall be held at a holding facility pending an appeal made by the owner or keeper. Animal control shall provide written notification to the owner stating they have ten (10) business days from the notification date to file for such an appeal pursuant to Florida Statute § 767.12.

CHARLOTTE COUNTY ANIMAL CONTROL
STATE OF FLORIDA CERTIFICATE OF REGISTRATION FOR DANGEROUS DOG in compliance with F.S.S. 767.10-15
Case No. _____ Registration Fee $ _____ Date _____
Owners Name _____	Owners Address _____
City _____ State___________ Zip___________
Res. Phone:      Bus. Phone:      Address:

 

Animal Information
Breed _____ Color _____ Sex _____ Name _____
Rabies Tag_____	D.O.V._____	County of Origin_____
Veterinarian Clinic:

 

CERTIFICATE OF COMPLIANCE Requirements
YES	NO
_____	_____	Current certificate of rabies vaccination and Charlotte County rabies tag.
_____	_____	Proper enclosure to confine dangerous dog.
_____	_____	Posting of premises with clearly visible warning signs at all entry points that informs both children and adults of the presence of a dangerous dog.
_____	_____	Permanent identification - Tattoo # _____ - Other _____
Inspecting Officer/I.D.# _____ Inspection Date _____

 

By my signature, I acknowledge I have read, understand, and will comply with the provisions of Florida Statute 767.10-15 pertaining to dangerous dogs. Furthermore, by affixing my signature below, I agree that I shall immediately notify the appropriate Animal Control Authority if the above described dog:
A. Is loose or unconfined.
B. Has bitten a human being or attacked another animal.
C. Is sold, given away, or dies.
D. Is moved or relocated to another address.
Owners signature _____	Owners Signature _____

 

(Ord. No. 98-070, § 8, 12-1-98; Ord. No. 2006-062, § 4, 6-27-06; Ord. No. 2012-023, § 1, 6-12-12)