§ 4-18. Vicious dogs.

(a)

In the event that an incident involving any dog that may be vicious is reported, the Coral Springs Police Department (hereinafter referred to as "police department") shall conduct an investigation, which shall consist of an interview of the owner, if possible, and a sworn affidavit from any person, including the investigating officer, desiring to have a dog classified as vicious. If the police department determines after such investigation that sufficient cause exists to classify the dog as vicious, as defined in section 4-1, the police department shall initially classify the dog as a vicious dog and promptly notify the owner of the dog in writing of such initial classification by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes.

(b)

If a dog is initially classified as vicious and the owner does not contest such initial classification, the owner shall comply with the provisions of subsection 4-18(e) within fourteen (14) calendar days of notification of the classification.

If the owner contests the initial classification, he or she shall, within seven (7) calendar days of receipt of the notice of such initial classification, file a written request with the director of the police department for a hearing to appeal the initial classification and confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. The owner shall submit a cashier's check, payable to Coral Springs Police Department, in the amount set by resolution covering the hearing officer's fee at the time the request for a hearing is made. Said deposit will be used to pay the hearing officer should the owner be declared the losing party. Should the hearing officer's actual fee be less than the deposit amount, the remaining monies will be returned to the owner within fourteen (14) calendar days of the hearing officer's ruling. If the hearing officer's fee exceeds the deposit, the losing party will be responsible for any and all additional fees. If the police department is declared the losing party, deposit will be returned to the owner within fourteen (14) calendar days of the hearing officer's ruling.

The hearing shall be conducted in accordance with the procedures set forth in section 4-18.5. If the police department has not impounded the dog, the owner shall provide the address where the dog is confined to the police department. No owner shall relocate or transfer ownership of a dog that is the subject of a vicious dog investigation pending the outcome of the investigation or any hearings or appeals related to the determination of a vicious dog classification. In the event that a dog is to be destroyed, the owner shall not relocate the dog or transfer ownership of the dog.

(c)

In the event that any officer has sufficient cause to believe that a dog is vicious and that the owner is unable or unwilling to securely confine the animal, the officer may impound the dog pending the investigation if deemed necessary to protect the public. If the dog is subsequently classified vicious, it shall remain impounded until the owner provides for its secure confinement in accordance with this section. The police department may dispose of such an impounded dog in a humane manner at the expense of the owner if the owner does not make such provisions within fourteen (14) days of the latter of: (i) the initial classification of viciousness; (ii) the determination of viciousness by the hearing officer; or (iii) the conclusion of any appeal which is decided adversely to the owner. The owner shall be responsible for boarding fees, veterinary and other costs incurred by the county to maintain the dog during such impoundment unless the owner prevails at the conclusion of all legal proceedings.

(d)

Notwithstanding the definition of "vicious dog" as provided in this chapter, no dog may be classified vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or if lawfully on the property, was teasing, tormenting, abusing or assaulting the dog or its owner or a family member, or was committing or attempting to commit a crime. No dog may be classified vicious if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be classified vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(e)

No person shall own or keep a vicious dog without registering the vicious dog with the police department and obtaining a vicious dog license tag within fourteen (14) calendar days of either the classification of viciousness by the police department; or, in the event an appeal of such classification is taken, the upholding of the classification by a hearing officer or a court of competent jurisdiction. Any owner of a dog declared vicious by another jurisdiction who brings the vicious dog into the city shall register the vicious dog within fourteen (14) calendar days of setting up residence in the city. A late registration penalty as set by resolution shall be imposed if the vicious dog is not registered within the fourteen (14) calendar days. The procedures and requirements for registering the vicious dog are as follows:

(1)

The owner or keeper shall complete a police department vicious dog registration form on an annual basis for each dog so classified and shall pay annually a vicious dog registration fee as set by resolution for each vicious dog being registered.

(2)

The owner or keeper shall at his or her own expense have the vicious dog implanted with a police department approved electronic animal identification device (microchip) and provide the police department with the microchip manufacturer and number. The owner or keeper of the vicious dog may obtain the microchip for each vicious dog registered from the police department at the fee set by resolution. The microchip number will become the vicious dog registration number.

(3)

A vicious dog license tag shall be obtained at the fee set by resolution. The vicious dog license tag must be renewed annually. Failure to renew the vicious dog license tag within thirty (30) calendar days from the expiration of the previous tag will result in the assessment of a late renewal penalty as set by resolution and will subject the owner or keeper to citation for non-compliance of this ordinance. In the event a current vicious dog license tag is lost, destroyed, or misplaced or otherwise missing, a replacement vicious dog license tag must be obtained at the fee set by resolution for replacement vicious dog license tags.

(4)

The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway or street.

(5)

The owner or keeper shall comply with sections 4-4 and 4-13 of this chapter, to the extent such sections do not conflict with this section. A vicious dog is not required to wear an adult license tag in addition to the vicious dog license tag.

(6)

The owner or keeper shall, on or before the effective date of such registration for which application is being made, have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.

(f)

The owner or keeper of a vicious dog shall:

(1)

At all times ensure that the dog is securely confined indoors, or confined in an enclosure as defined at section 4-1. At any time that a vicious dog is not so confined, the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash with the owner or custodian in attendance except for the following:

a.

When the dog is in attendance at, and participating in, any dog show, contest or exhibition not prohibited under section 828.122, Florida Statutes, and sponsored by a dog club, association, society or similar organization.

b.

While the dog is being transported within the cab or passenger portion of any motor vehicle, provided said vehicle has a roof, and the dog cannot escape through an open window.

(2)

Notify the police department immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide to the police department the name, address and telephone number of the new owner of the vicious dog.

(3)

Notify the police department of any cancellation, modification, expiration or termination of the liability insurance policy or surety bond required by this section.

(g)

This section shall not apply to dogs owned and used by a law enforcement agency.

(h)

Any vicious dog without a valid vicious dog license tag as required in this section, or which is not maintained on property with an enclosure, or which shall be outside of the dwelling of the owner or keeper, or outside of an enclosure except as provided in subsection (f)(1), or which is not implanted with an electronic animal identification device, shall be confiscated by an officer, placed in quarantine, if necessary, for the proper length of time, or impounded and disposed of in a humane manner after the expiration of fourteen (14) calendar days from the date written notice is provided to the owner that such dog has been confiscated. Notice shall be effected by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. The fourteen (14) day time period shall allow the owner or keeper to request a hearing under section 4-18.5.

(i)

If any dog previously classified as vicious when unprovoked, attacks and causes severe injury to or the death of a human being, an officer shall immediately confiscate and impound the dog and after written notice to the owner and expiration of ten (10) business days from the date the owner receives the notice, dispose of such vicious dog in a humane manner.

(1)

If any dog not previously classified as vicious, when unprovoked, attacks and causes severe injury to or the death of a human being, an officer shall immediately confiscate and impound the dog and after written notice to the owner and expiration of ten (10) business days from the date the owner receives the notice, dispose of such vicious dog in a humane manner.

(2)

If any dog previously classified as vicious, when unprovoked, attacks or bites a human being or a domestic animal, an officer shall immediately confiscate and impound the dog and after written notice to the owner and expiration of ten (10) business days from the date the owner receives the notice, dispose of such vicious dog in a humane manner.

(3)

Notice shall be effected by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. The ten-day time period shall allow the owner to request a hearing under section 4-18.5. The owner shall be responsible for payment of all impound and boarding fees, as well as veterinary fees, as may be required to humanely and safely keep the dog during any impoundment or any appeal procedure.

(j)

In the event that the owner or keeper of a vicious dog is a minor, the parent or guardian of such minor shall be responsible for complying with the provisions of this section. No vicious dog license shall be issued to any person under the age of eighteen years.

(Ord. No. 98-130, § 2, 11-17-98; Ord. No. 2001-116, § 3, 8-21-01)