§ 4-22. Attack or bite by unclassified dog that causes severe injury or death; penalties; discretion to order destruction. [F.S. §§ 767.12, 767.136]

(a)

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 is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(b)

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.

(c)

If the director makes an initial determination that a dog be classified as a dangerous dog due to an incident that caused severe injury to a human being, the director may, based upon the nature and circumstances of the injury and the likelihood of a future threat to the public safety, health, and welfare, also make an initial determination that the dog be destroyed in an expeditious and humane manner in accordance with the procedures in section 4-21.

(Ord. No. 16-34, § 1, 10-4-2016; Ord. No. 18-21, § 1, 8-7-2018)

Editor's note

See editor's note for § 4-17.