§ 462.410. Severe injury by dog; impoundment; destruction.

Except as exempt from the provisions of this Part under Section 462.403, whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a human, causing severe injury to or the death of the human, an animal control officer shall be authorized to immediately impound the dog, placing it in quarantine, as may be required pursuant to Section 462.315, or otherwise impounding it for ten business days. During that quarantine period or ten business days, whichever is longer, the owner may request a hearing with the Chief of ACPS, as provided in F.S. § 767.12, or appeal an administrative determination to euthanize the dog by filing a petition to the County Court. If the owner does not request a hearing, at the end of the ten business day filing period the dog shall be euthanized in an expeditious and humane manner. If, prior to the ten-day time period, the owner notifies ACPS in writing of the owner's intent to challenge ACPS's decision to euthanize the dog, ACPS shall continue to impound the dog so long as the owner either posts bond, or pays in advance by certified check payable to the City the estimated costs associated with impounding the dog, as estimated by ACPS. Should the animal have to be boarded beyond the original estimated time covered by the pre-payment of fees, the owner shall be required to pay in advance by certified check the estimated weekly costs of boarding and care until the final decision has been reached. Failure to pay impound and boarding fees for any ten consecutive day period shall constitute abandonment by the owner. The owner shall be provided with a written information form advising of the consequences for failure to pay. 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 request for the refunding of boarding and intake fees.

(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.