§ 4-23. Attack or bite by dangerous dog; penalties, confiscation, destruction. [F.S. § 767.13]
(a)
If a dog that has previously been classified dangerous attacks or bites a person or a domestic animal including livestock without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine, if necessary, for the proper length of time or impounded and held for ten (10) business days after the owner is given written notification of the initial determination, according to the procedure in section 4-20, that the dangerous dog has violated this subsection and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing before a final determination, pursuant to the procedures of section 4-20, whether the dangerous dog has violated this subsection. The dog shall be held for thirty (30) calendar days after the owner receives the final order, unless the owner waives the right to appeal to the circuit court in writing. If the owner files a written appeal to the circuit court within thirty (30) calendar days as under section 4-20, the dog must be held and may not be destroyed while the appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.
(b)
If a dog that has previously been classified dangerous, attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084.
(c)
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.
(Ord. No. 11-55, § 1, 10-18-11; Ord. No. 16-34, § 1, 10-4-2016; Ord. No. 18-21, § 1, 8-7-2018)