§ 14-64. Dangerous dogs.

(a)

The purpose of this section is to implement the provisions of F.S. ch. 767, part II, dangerous dogs, as may be amended, and the definitions and provisions of which are incorporated herein, as may be amended. Consistent with F.S. § 767.14, as may be amended, any additional, inconsistent, or conflicting provisions stated in this Code shall control to the extent they do not lessen the statutory provisions.

(1)

Dangerous dog investigations, determinations, classifications, and other actions, including related hearings and appeals, shall be conducted in accordance with the provisions of F.S. ch. 767, part II, dangerous dogs, as may be amended. Hearings, if requested, shall be conducted in accordance with F.S. ch. 767, part II, dangerous dogs, as may be amended, and section 14-67 of this Code.

(2)

The owner shall be responsible for boarding fees, veterinary and other costs incurred by the county to maintain the dog during such investigation, classification and appeals.

(3)

Confinement of dog pending investigation, hearing and appeal. Any dog that is the subject of a dangerous dog investigation that is not impounded with the department, shall be maintained by the owner in a proper enclosure of a dangerous dog. The owner shall post the premises with clearly visible warning signs at all entry points that inform both children and adults of the presence of a dangerous dog on the property. Furthermore, it is unlawful for the owner of the dog to permit the dog to be outside a proper enclosure of a dangerous dog unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a competent person over the age of 18. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or dog. When being transported, such dogs shall be safely and securely restrained within a vehicle. The provisions of this section shall apply pending the outcome of the investigation and resolution of any hearing or appeals related to the dangerous dog classification. The address of where the dog resides shall be provided to the department. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of the investigation or any hearings or appeals related to the determination of the dangerous dog classification.

(4)

Failure to securely confine a dog during investigation. In the event that any animal control code enforcement officer is investigating whether a dog is or may be dangerous and has cause to believe that the owner is unable or unwilling to securely confine the dog pending a final determination, the animal control code enforcement officer may impound the dog pending the investigation, or any hearing or appeals regarding the dangerous dog classification, if deemed necessary to protect the public. If the dog is subsequently classified as dangerous by the animal control authority and such classification is appealed, it shall remain impounded pending final resolution.

(5)

Compliance with dangerous dog requirements. The owner of a dog classified as a dangerous dog shall comply with all time frames and requirements provided by law.

(b)

Dangerous dog requirements.

(1)

Registration. Any person who owns (or keeps, if that person is someone other than the owner) a dangerous dog within the county must register the dog as dangerous with the department. Any person who brings a dog into the county that has been declared dangerous by another jurisdiction, and who intends to reside in the county with such dog, shall register the dangerous dog within 14 calendar days of establishing residency in the county. The fees for registration shall be as established by resolution.

(2)

Conditions precedent to registration. No dangerous dog may be registered with the department unless and until all of the following requirements have been met:

a.

The owner shall, at the owner's expense, have the dangerous dog implanted with a department-approved electronic dog identification device (microchip), and shall provide the department with the microchip manufacturer and number. The owner may obtain microchips from the department, if available, at the fee set by resolution. The microchip number will become the dangerous dog registration number.

b.

The dog shall be spayed/neutered unless a veterinarian has examined the dog and certifies, in writing (with a copy provided to the department within such 14-day period), that at such time spaying/neutering the dog would endanger its health. Under the circumstance, the dog shall be spayed/neutered as soon as its health permits.

c.

The owner shall display a sign on his or her property warning that there is a dangerous dog on the premises. Said sign shall be clearly visible from all entry points and inform both children and adults of the presence of a dangerous dog on the property. The sign shall read "Dangerous Animal" or "Beware of Animal."

d.

The owner of a dangerous dog must have in place, on the property where the dangerous dog will be kept, the proper enclosure of a dangerous dog, if said property allows.

e.

The owner of a dangerous dog must provide department with two color photos displaying full body, head and face of the dog.

f.

The owner shall provide evidence of a current Pinellas County license and rabies vaccination for the dog.

(c)

Responsibilities of dangerous dog owners. The owner (or keeper, if other than owner) of a dangerous dog shall:

(1)

Renew the dangerous dog registration annually.

(2)

Ensure that the dog, while on the owner's property, is securely confined indoors, or securely confined in a proper enclosure of a dangerous dog. At any time that a dangerous dog is not so confined, the dog shall be muzzled and restrained in such a manner as to prevent it from biting or injuring any person or dog, and kept on a substantial chain or leash by a person able to exercise control over the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent it from biting any person or dog. However, the foregoing requirements of this subsection do not apply:

a.

When the dog is in attendance at and participating in any dog show, contest, or exhibition not prohibited under F.S. § 828.122, as may be amended, and sponsored by a dog club, association, society, or similar organization.

b.

While the dog is being transported within the cab or passenger portion of any motor vehicle, provided the vehicle has a roof, and the dog cannot escape through an open window.

c.

When the owner is exercising the dog in a securely fenced or enclosed area that does not have a top, provided that the dog remains within the owner's sight and only member of the immediately household or persons 18 years of age or older are allowed in the enclosed or fenced area when the dog is present.

(3)

Notify the department immediately if the dangerous dog becomes loose, unconfined, attacks, or bites a human being or another dog, dies, is sold, or is given away. In the event of the dog's death, the owner shall provide to the department satisfactory evidence (as determined by the department) of the dog's death. If the dangerous dog is sold or given away, the owner shall provide to the department the name, address, and telephone number of the new owner of the dangerous dog. The new owner shall, within 14 calendar days after receiving the dog, execute a new document to be supplied by the department, acknowledging that he or she is aware of the dangerous dog classification, and agreeing that the new owner shall comply with all of the requirements of this article.

(4)

Notify the department immediately if the owner believes that the dangerous dog has been stolen. The owner must, concurrently with that notification, report the theft to the appropriate local law enforcement authority and provide the official police report to the department.

(5)

Notify the department immediately if the owner moves to another address with the dangerous dog, which notification shall identify such address.

(6)

Have the dangerous dog destroyed in a humane manner at his or her sole expense by the department or veterinarian, if the owner is unable or unwilling to comply with all applicable requirements and mandates contained in this article.

(d)

Surrender of dangerous dog. The owner of a dangerous dog must surrender the dangerous dog to the department if the owner is unable or unwilling to comply with the requirements of this article.

(e)

Inapplicability to law enforcement dogs. This article shall not apply to dogs owned and used by a law enforcement agency.

(Ord. No. 17-07, § 1, 2-21-17)