§ 5-23. Additional regulations relating to dangerous dogs.
(a)
Within fourteen (14) days after a dog has been designated as dangerous, or a dangerous dog designation is upheld on appeal, the responsible party shall obtain a certificate of registration for the dog from the Department. The responsible party shall renew the certificate annually. The registration shall include the following: Name, address and telephone number of the dog's owner; the address where the dog is harbored, if different from the owner's address; a complete identification of the dog, including the dog's sex, color, and any other distinguishing physical characteristics; and a color photograph of the dog. Certificates of registration and renewals thereof shall only be issued to competent persons who are at least eighteen (18) years of age and who present to the Department sufficient evidence that:
(1)
The dog has been vaccinated in accordance with Section 5-6 of this chapter;
(2)
The dog has been sterilized;
(3)
The dog has been implanted with a microchip, the microchip has been registered with the national registry applicable to the microchip, and the microchip number and other identifying information have been provided to the Department;
(4)
Because of the danger posed to humans and animals alike by dangerous dogs running loose or while running together in a pack, the dog is at all times confined in a proper enclosure of a dangerous dog, except as otherwise provided in this section; and
(5)
A clearly visible warning sign at all entry points conspicuously displaying the words "Dangerous Dog" informs both children and adults of the presence of a dangerous dog on the property.
(6)
All information required for the Miami-Dade County Dangerous Dog Registry pursuant to subsection (i) below has been provided.
(b)
Prior to issuance of the certificate of registration and renewals thereof, the responsible party shall pay the Department a fee set by implementing order approved by the Board of County Commissioners.
(c)
The responsible party shall immediately notify the Department in writing:
(1)
When a dangerous dog is loose or unconfined;
(2)
When a dangerous dog has bitten a human or attacked another animal;
(3)
Prior to a dangerous dog being sold or given away, or when a dangerous dog dies; or
(4)
When a dangerous dog is moved to another address.
(d)
If a dangerous dog is sold or given away, the former responsible party shall provide the name, address, and telephone number of the new responsible party to the Department, shall update all relevant information with the national registry applicable to the microchip, and shall provide the Department with confirmation that the microchip information has been updated. The new responsible party shall comply with all of the requirements of this chapter, even if the animal is later moved from this County to another county within the State. If a dog that has been designated by another jurisdiction as dangerous, aggressive, or similar classification is brought into Miami-Dade County, the responsible party shall immediately register the dog with the Department in accordance with this section.
(e)
Exceptions to Confinement Requirement.
(1)
The dog is muzzled and restrained by a chain or leash and under the control of a competent person. It shall be unlawful for the responsible party to permit a dangerous dog to be outside a proper enclosure unless the dog is muzzled and restrained by a chain or leash, and under the control of a competent person. It is provided, however, that no dangerous dog may be walked within fifty (50) feet of any school ground nor enter onto such school ground even if restrained and muzzled. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision, respiration, or hydration, but will prevent it from biting any person or animal. When being transported, a dangerous dog shall be safely and securely restrained within a vehicle; provided, however, that nothing contained herein shall be construed to excuse a violation of Section 5-15 of this chapter.
(2)
The responsible party may exercise the dog on the responsible party's property in a securely enclosed area that does not have a top, without a muzzle or leash, if the area is completely enclosed by fences or walls at least six (6) feet in height, the responsible party remains outside with the dog, and only members of the responsible party's immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present.
(3)
A dangerous dog being used as a guard dog to protect vacant property may remain outside provided that (i) the owner provides to the Department certification from an animal training professional that the dog has been properly trained as a guard dog and (ii) the dog remains at all times in a securely enclosed area that is completely enclosed by fences or walls at least six (6) feet in height. The responsible party shall be liable if the dangerous dog escapes from the vacant property.
(4)
A dangerous dog is in attendance at, and participating in, any lawful dog show, contest, or exhibition sponsored by a dog club, association, society, or similar organization, and the dog is supervised by a competent person.
(5)
A dangerous dog is actually engaged in the sport of hunting in an authorized area and supervised by a competent person.
(f)
The responsible party shall be liable if a dangerous dog attacks or bites a human or a domestic animal 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. 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. The administrative hearing shall be conducted in accordance with Section 5-22 of this chapter.
(3)
The Director is hereby authorized to institute appropriate proceedings in any court of competent jurisdiction if necessary to effectuate the seizure of a dog while a violation of this section is under investigation.
(4)
Notwithstanding any other provision in this section, an attack or bite by a dangerous dog shall not be a violation of this section if the dog could not be designated as dangerous for the same conduct pursuant to Section 5-22(d) of this chapter.
(g)
Upon the euthanasia of a dog based on a violation of Section 5-22 or of this section:
(1)
The Department shall provide the responsible party written notice containing all costs and fees incurred by the Department in the confiscation, maintenance, quarantine and euthanasia of the dog, with a deadline of not less than thirty (30) days from receipt of the notice of payment of the costs and fees.
(2)
Miami-Dade County may thereafter institute proceedings in a court of competent jurisdiction to compel payment of the fees and costs incurred by the Department in the confiscation, maintenance, quarantine and euthanasia of the dog. A certified copy of an order awarding the County its fees and costs may be recorded in the public records and thereafter shall constitute a lien against the land of the violator or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose on the lien.
(h)
Nothing contained herein shall prevent any person from applying to a court of competent jurisdiction for the seizure, impoundment, or euthanasia of a dangerous dog based on the responsible party's failure to comply with the requirements of this section.
(i)
Dangerous Dog Registry. The Department shall maintain a publicly accessible website, called the "Miami-Dade County Dangerous Dog Registry," of all dangerous dogs registered with the Department. At the time of registration under subsection (a) above, the responsible party shall provide the following information to the Department, to be posted on the Dangerous Dog Registry: the name and address of the owner of the dangerous dog; the address where the dangerous dog is maintained; the name, sex, age, weight, primary breed, secondary breed, and color and markings of the dangerous dog; a photograph of the dangerous dog; the most recent vaccination date of the dangerous dog and the expiration date of the vaccine; the microchip number of the dangerous dog; and the case numbers of any judicial or administrative proceedings concerning the matters that resulted in the dog being declared dangerous. The Dangerous Dog Registry entry for each dangerous dog shall also include a brief description of the incident or incidents that resulted in the dog being declared dangerous. Nothing herein shall require the disclosure of personal identifying information that is exempt or confidential under state law. The Mayor shall develop appropriate procedures to insure protection of identifying information that is exempt or confidential under state law.
(j)
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. 12-77, § 5, 10-2-12; Ord. No. 12-80, § 6, 10-2-12)