§ 5-22. Dangerous dogs; authority to designate dog as dangerous; confiscation; appeal procedures.

(a)

Legislative Intent. This section and Section 5-23 are intended to utilize the authority and powers of Miami-Dade County in order to secure for the citizens of this County the protection of their health, safety and welfare. It is intended to be applicable to dangerous dogs, which are defined herein. This section is designed to identify and regulate these dangerous dogs and to ensure responsible handling by their owners through confinement, registration, and liability insurance. Dangerous dogs have caused extensive damage to persons, other domestic animals, and property, and have been determined to require the special regulations and provisions contained within this section, which the County Commission hereby finds reasonable and necessary.

(b)

For purposes of this section, Section 5-23 and Section 5-23.1 of this chapter, the following definitions shall apply:

(1)

"Dangerous dog" means any dog that has been designated as dangerous by the Department pursuant to this section.

(2)

"Unprovoked" means that the victim was acting peacefully and lawfully when encountering the dog and that the dog was not acting defensively or responding to a threat.

(3)

"Severe injury" means any physical injury that results in: wounds from a bite or bites; a deep puncture wound that requires drainage; a broken bone; or a disfiguring laceration requiring sutures or reconstructive surgery.

(4)

"Proper enclosure of a dangerous dog" means that, while on the responsible party's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have four (4) secure sides, each at least six (6) feet high, and a secure top to prevent the dog from escaping over, under, or through the structure, and shall also provide protection from the elements. The pen or structure shall allow the dog to make normal postural movements and to walk around and shall also comply with the minimum standards for primary enclosures set forth in Section 5-9(d)(1) through (3) of this chapter.

(c)

The responsible party shall be liable for any of the following acts:

(1)

His or her dog, when unprovoked, endangers, attacks, or bites a human;

(2)

His or her dog, when unprovoked and while off the responsible party's property, attacks or bites a domestic animal;

(3)

He or she uses or trains a dog for dog fighting; or

(4)

His or her dog, when unprovoked, chases or approaches a human in a menacing fashion or apparent attitude of attack upon the streets, sidewalks, or any other public property or common area of a private building or development.

(d)

The Director or designee shall designate a dog as dangerous if the dog commits one (1) or more of the following acts:

(1)

To, when unprovoked, endanger, attack, or bite a human;

(2)

To, when unprovoked and while off the responsible party's property, severely injure or kill a domestic animal more than once;

(3)

To, when unprovoked, chase or approach a human in a menacing fashion or apparent attitude of attack upon the streets, sidewalks, or any other public property or common area of a private building or development.

(e)

An individual desiring to have a dog designated as dangerous shall attest in a sworn affidavit to the incident giving rise to the request or shall file a police report and provide a copy of the police report to the Department, but the Department may commence an investigation prior to receiving an affidavit or police report. The Department shall not investigate anonymous complaints.

(f)

Notwithstanding any other provision of this section, the responsible party shall not be liable, and the dog shall not be designated as dangerous, if the threat, injury, or damage was sustained:

(1)

By a human who, at the time, was unlawfully on the property of the responsible party; or

(2)

By a human who, while lawfully on the property of the responsible party, was tormenting, abusing, or assaulting the dog, the responsible party, or another person lawfully on the property; or

(3)

While the dog was protecting or defending a human within the immediate vicinity of the dog from an unjustified attack or assault; or

(4)

By a human who was engaged in or attempting to engage in a criminal activity at the time of the attack; or

(5)

While the dog was engaged in a legal hunt or in a legal sport or exhibition such as an obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial; or

(6)

While the dog was engaged in law enforcement work under the direction of a law enforcement officer.

(g)

Confiscation and confinement. Animal Control Officers and law enforcement officers are hereby authorized to confiscate dogs that are the subject of dangerous dog investigations, and the Director is hereby authorized to institute appropriate proceedings in any court of competent jurisdiction if necessary to effectuate the seizure of the dog. The Animal Control Officer or law enforcement officer shall issue the responsible party a written notice of the confiscation. Any animal that is the subject of a dangerous dog investigation and that is not impounded by the Department shall be humanely and safely confined by the responsible party in a securely fenced or enclosed area, pending the outcome of the investigation and resolution of any hearings related to the dangerous dog designation. The address of where the animal resides shall be provided to the Department. The responsible party shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures.

(h)

A dog that is the subject of a dangerous dog investigation shall not be relocated or have its ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog designation, unless with the express written permission of the Department. In the event that a dog is to be euthanized, the dog shall not be relocated, and ownership of the dog shall not be transferred, unless with the express written permission of the Department.

(i)

If the Director or designee determines that there is sufficient cause to designate the dog as dangerous, written notification of that determination shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. That determination, and any related fines issued pursuant to Chapter 8CC of this Code, may be appealed by providing, within seven (7) calendar days of receipt of the written notification, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the receipt of the written notification, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely.

(j)

Appeal procedures. Upon receipt of a timely written request for an administrative hearing, the Director or designee shall schedule an administrative hearing to be held not later than 21 calendar days, and not sooner than 5 days, after receipt of the written request. The administrative hearing shall be conducted in accordance with the provisions set forth in Chapter 8CC of this Code. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No person aggrieved by a determination to designate a dog as dangerous may apply to the Court for relief unless he has first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be stayed; provided, however, that pending resolution of the appeal, the responsible party shall confine the dog in a securely fenced or enclosed area. If the Department has confiscated the dog, the responsible party shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedures.

(k)

The responsible party shall be liable for failing to properly confine a dog pending an appeal.

(l)

The responsible party shall be liable if a dog that has not previously been declared dangerous attacks and causes severe injury or death to a human when unprovoked.

(1)

The dog shall be immediately confiscated by the Department, placed in quarantine and impounded, held for ten (10) business days after the responsible party is given written notice of the confiscation and the determination of the Department to euthanize the dog, and thereafter euthanized in accordance with Section 5-24 of this chapter.

(2)

The euthanasia determination, and any related fines issued pursuant to Chapter 8CC of this Code, may be appealed by providing, within the ten-day impoundment period, a written request for an administrative hearing; the request shall be delivered to the address provided on the confiscation notice. The administrative hearing shall be conducted in accordance with this section. If a request for a hearing is received after the expiration of the ten-day impoundment period, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely.

(m)

Notwithstanding the provisions of Section 8CC-4 governing the penalties for repeat or continuing violations, for enforcement by civil penalty in accordance with Chapter 8CC of this code, a second violation of this section shall carry a civil penalty of 2.5 times the penalty listed in Section 8CC-10, a third violation shall carry a civil penalty of 3 times the listed penalty, and each subsequent violation shall carry a civil penalty of 3.5 times the listed penalty. Notwithstanding the foregoing, for dogs that were declared dangerous prior to October 12, 2012, the provisions of Section 8CC-4 addressing repeat or continuing violations shall continue to govern.

(Ord. No. 08-10, § 3, 1-22-08; Ord. No. 11-27, § 1, 5-3-11; Ord. No. 12-77, § 4, 10-2-12; Ord. No. 12-80, § 5, 10-2-12)