§ 462.404. Classification of dog as dangerous; notice and hearing requirements; confinement of dog; appeal; registration requirements.

(a)

Investigation and initial sufficient cause determination:

(1)

An animal control officer shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as a dangerous dog. The affidavit requesting the investigation must be presented to ACPS within 30 days of the incident leading to the request. The Chief of ACPS shall have the authority to grant a deadline extension upon due cause and extenuating circumstances for a period not to exceed an additional 30 days. Any dog that is the subject of a dangerous dog investigation may be impounded by ACPS pending the outcome of the investigation and any related hearings and appeals. An animal control officer is authorized to enter any building or place, except a building used for a private residence, in order to seize any suspected dangerous dog. If the dog is within a private residence and the occupant of the residence or the owner of the suspected dangerous dog refuses to surrender it, ACPS may obtain, from a court of competent jurisdiction, a warrant to seize the dog. Failure to surrender the dog is a violation of this Section subject to a $500 fine and/or any applicable criminal penalty defined in State Law.

(2)

Any dog, that is the subject of a dangerous dog investigation but that is not impounded by ACPS, or in quarantine pursuant to Section 462.315, shall be humanely and safely confined by the owner in a proper enclosure, as defined in Section 462.405, pending the outcome of the investigation and any related hearings and appeals. The owner shall cooperate with ACPS's investigation and provide all reasonably requested information including the address of where the owner secures the dog. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation, and any hearings and appeals, related to the determination of a dangerous dog classification. In the event that a dog is to be euthanized, the dog shall not be relocated or ownership transferred.

(3)

After the investigation, ACPS shall make an initial determination as to whether there is sufficient cause to classify the dog as a dangerous dog. ACPS shall provide to the owner written notification of the sufficient cause finding, by signature verified certified mail, hand delivery with the signature of the recipient, or service in conformance with the provisions of F.S. Ch. 48 relating to service of process. The owner may file a written request for a hearing with the Chief of ACPS, or an established commission or board to challenge the initial determination, within seven days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not sooner than five and not later than 21 days after receipt of the request from the owner. The Chief of ACPS, or an established commission or board, shall conduct a de novo hearing to receive evidence and testimony. The Chief of ACPS may request a representative from the Office of General Counsel to represent ACPS's initial determination.

(4)

Upon a determination that the initial determination should be upheld, ACPS shall provide written notification to the owner by signature verified certified mail, documented hand delivery with signature of recipient or service in conformance with the provisions of F.S. Ch. 48 relating to service of process. If the owner does not file a written request for a hearing with the Chief of ACPS, as specified in paragraph (3), above, within seven days of receipt of the notification of the initial sufficient cause determination, the notification of sufficient cause finding becomes the final determination of classification without requiring additional notification to the owner. If the owner feels that the hearing was improper, that due process was not served, or that there was not sufficient evidence submitted to uphold the initial determination, the owner must file a written request for a judicial appeal, based on the original hearing record, of the administrative determination in the County Court within ten business days after receipt of a written determination of dangerous dog classification. The dog may be impounded by ACPS pending a resolution of the appeal.

(b)

The owner of the dangerous dog shall be responsible for payment of all boarding costs and other fees as required if ACPS impounds the dog during the investigation, hearing and/or any appeal. If the dog is determined not to be a dangerous or potentially dangerous dog under the provisions of this ordinance or state law, ACPS shall process a refund of boarding and intake fees upon the owner's request.

(c)

Within 14 days after a dog has been classified as a dangerous dog by ACPS, or a dangerous dog classification is upheld by the County Court on appeal, the owner of the dog must obtain a certificate of registration for the dog from ACPS, that shall include, at a minimum, the following information: name, address and telephone number of the dog's owners; the address where the dog is harbored if different from the owner's address; a complete identification of the dog including sex, color and any distinguishing physical characteristics, a color photograph of the dog. The certificate must be renewed annually. ACPS is authorized to issue such certificates of registration, and renewals thereof, to persons who are at least 18 years of age and who present to ACPS sufficient documentation, as determined by ACPS, of the following:

(1)

Proof that the owner has a current certificate of rabies vaccination and license for the dog in accordance with Part 5 of this Chapter;

(2)

Proof that the owner has obtained for the dog permanent identification, such as an electronic radio frequency identification device (RFID) implantation;

(3)

Proof that the owner has obtained a proper enclosure to confine the dog as required in this Part (See Section 462.405);

(4)

Proof that the owner is the fee simple owner of the property upon which the proper enclosure is located or, alternatively, proof of permission from the fee simple owner of the property upon which the proper enclosure is located;

(5)

Proof that the owner has obtained insurance as required in this Part; and

(6)

Proof that the dog has been surgically sterilized by a veterinarian.

The owner is responsible for pre-payment of all boarding fees during the time it takes to complete these requirements. If the owner does not comply with all of these requirements within 14 days, ownership reverts to the City, and the dog shall be euthanized in an expeditious and humane manner. Notice of the potential humane destruction of the animal for failure to comply shall be included in the notice of final ruling on the dangerous dog.

(7)

Dogs declared dangerous shall not be allowed in any off-leash dog park within the City of Jacksonville.

(8)

A dangerous dog declaration is permanent and may never be removed from the dog once the determination has been finalized and the time for all appeals has passed.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 5)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.