§ 5-23.1. Aggressive dogs; authority to designate dog as aggressive; appeal procedures; additional regulations on aggressive dogs.  


Latest version.
  • (a)

    Definition. "Aggressive dog" means any dog that has been designated as aggressive by the Department pursuant to this section.

    (b)

    [Designation as aggressive.] The Director or designee shall designate a dog as "aggressive" if the dog, when unprovoked and while off of the owner's property, severely injures or kills a domestic animal.

    (1)

    An individual desiring to have a dog designated as aggressive shall attest in a sworn affidavit to the incident giving rise to the request, but the Department may commence an investigation prior to receiving an affidavit. The Department shall not investigate anonymous complaints.

    (2)

    A dog that is the subject of an aggressive dog investigation shall not, without the prior written approval of the Director or designee, be relocated, sold, or given away pending the outcome of an investigation or any hearings related to the determination of an aggressive dog designation.

    (c)

    Procedures. If the Director or designee determines that there is sufficient cause to designate the dog as aggressive, 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.

    (d)

    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 aggressiveness 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 aggressive 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.

    (e)

    Registration. Within 14 days after a dog has been designated as aggressive or an aggressive 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. Certificates of registration and renewals thereof shall only be issued to a competent person who is at least 18 years of age and who presents 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 licensed in accordance with Section 5-7 of this chapter; and

    (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.

    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.

    (f)

    [Registration of out-of-county aggressive dog.] If a dog that has been designated by another jurisdiction as aggressive or similar classification is brought into Miami-Dade County, the responsible party shall immediately register the dog with the Department as an aggressive dog in accordance with this section.

    (g)

    Additional regulations on aggressive dogs.

    (1)

    The responsible party shall immediately notify the Department in writing when an aggressive dog has been moved to another address.

    (2)

    If an aggressive 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.

    (3)

    The responsible party shall immediately notify the Department in writing when an aggressive dog has bitten a human or a domestic animal.

    (4)

    Restrictions on breeding. It shall be unlawful to breed, or to permit another to use for breeding, an aggressive dog.

    (h)

    [Designation as dangerous dog.] If an aggressive dog severely injures or kills a domestic animal, it may be designated as "dangerous" pursuant to Section 5-22 of this chapter.

    (i)

    [Penalties and fines.] 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.

(Ord. No. 12-77, § 6, 10-2-12)