§ 14-40. Vicious Animals.

(a)

The Animal Services Director shall make an initial determination that an Animal is a Vicious Animal based upon any of the criteria listed below:

(1)

Any Animal which aggressively bites, attacks, endangers or has inflicted severe injury on a human being on public or private property;

(2)

Any Animal which has more than once severely injured or killed a Domestic Animal while off the Owner's property;

(3)

Any Animal which has been used primarily or in part for the purpose of fighting or is trained for fighting;

(4)

Any Animal which, without adequate provocation, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority; and

(5)

Any Dog defined and certified as a Dangerous Dog under Chapter 767, Florida Statutes.

(b)

The Animal Services Director shall make an initial determination to confiscate an Animal for humane euthanasia if:

(1)

The Animal attacks without provocation and causes either Severe Injury or death to a human;

(2)

The Animal has previously been declared to be a Vicious Animal under this ordinance or a Dangerous Dog under Chapter 767, Florida Statutes, and has subsequent to the declaration attacked any Person or Domestic Animal without provocation;

(3)

The Animal has previously been declared to be a Vicious Animal under this ordinance or a Dangerous Dog under Chapter 767, Florida Statutes, and has subsequent to the declaration been found At Large; or

(4)

The Animal has previously been declared to be a Vicious Animal under this ordinance or a Dangerous Dog under Chapter 767, Florida Statutes, and the Owner refuses or fails to Confine the Vicious Animal in a Secure Enclosure.

(c)

The Animal Services Director shall timely forward copies of all written materials and any photographs from the investigation to the Office of the County Attorney. The Office of the County Attorney shall have full prosecutorial discretion to prosecute, voluntarily dismiss, or settle any case involving an alleged violation of this section. Any settlement may include such stipulations necessary to safeguard the public, such as but not limited to the following:

(1)

Sterilizing the Animal;

(2)

Requiring a tattoo on the Animal;

(3)

Placing a microchip inside the Animal;

(4)

Requiring special tags to be worn by the Animal;

(5)

Installation or construction of structures that Confine the Animal;

(6)

Installation of signs on Owner's property that warn of the presence of a vicious/dangerous Animal;

(7)

Specialized obedience training for the Animal;

(8)

Appropriate training for the Owner;

(9)

Guidelines on the care and maintenance of the Animal;

(10)

Temporary restrictions on ownership of additional Animals;

(11)

Restrictions to Tether the Animal to ensure that it is under the Direct Control of Owner when in public;

(12)

Owner release and surrender of the Animal, which vests all ownership and possession rights in the County, in the event of future violation of this article as proven to a Special Magistrate; or

(13)

Owner release and surrender of the Animal, which vests all ownership and possession rights in the County, in the event of future violation of the terms of the settlement agreement.

(d)

The Animal Services Director shall provide written notice of the initial determination to the Owner pursuant to the requirements found in section 162.12, Florida Statutes. The written notice shall include the basis for any initial determination, the description of the Animal, and the responsibility of the Owner for maintenance of the Animal.

(e)

The Owner of an Animal initially determined to be a Vicious Animal or one confiscated for humane euthanasia by the Animal Services Director may request a hearing to show cause why the initial determination is in error. Such request shall be in writing and shall be filed with the Animal Services Director within seven calendar days of the Animal Services Director's initial determination. If the Owner elects not to request such a hearing, then the Animal Services' initial determination shall be final on the eighth day following the initial determination. In the event that the seventh day is a Saturday, Sunday, or legal holiday that Animal Services is not open to the public, then the Owner shall have until the close of business on the next day that Animal Services is open to the public to request a hearing. The written hearing request must briefly state the grounds therefor and list the names and addresses of any witnesses the Owner intends to call at the hearing.

(f)

At the time the Owner presents a hearing request to the Animal Services Director to challenge an initial determination of confiscation for humane euthanasia, the Owner must post a Bond to satisfy the costs incurred by Animal Services for the care and custody of the Animal for the duration of the case or an affidavit of indigency to be reviewed and approved or denied by the Animal Services Director in a manner consistent with section 57.082, Florida Statutes. In the event that the Owner prevails in the case, Animal Services shall refund the entire amount of the Bond. In the event the overall cost for care and maintenance exceeds the Bond, the Owner will be responsible for payment of the additional costs. Any funds from the Bond which are unused will be returned to the Owner.

(g)

Humane destruction shall not occur unless Animal Services has proof of proper service of the Animal Services Director's initial determination pursuant to section 162.12, Florida Statutes. Notice is prescribed by this article in order to give the Owner of such Animal time to seek review of such administrative action by a Special Magistrate as provided in this section.

(h)

Hearing procedures shall be as follows:

(1)

To the extent they are not in conflict with any of the provisions outlined in this section, the provisions of Chapter 2, Article VIII, Sarasota County Code of Ordinances shall apply to any hearing requested by any Owner.

(2)

Any attorney appearing on behalf of the Owner shall file a Notice of Appearance with the Animal Services Director with a copy furnished to the Office of the County Attorney at least three days prior to the Special Magistrate hearing.

(3)

The Owner's failure to identify any witnesses in their written hearing request shall mean that such witnesses, other than the Owner or those witnesses that directly witnessed the incident leading to the decision of the Animal Services Director, may be excluded from testifying. In return, upon the written request of the Owner or their attorney, the Animal Services Director shall provide a list of witnesses, with names and addresses, that the County intends to call for hearing, at least two (2) days prior to the hearing. A failure of the County to provide such a list shall mean that such witnesses, other than the victim and any Animal Services Officer working the case, may be excluded from testifying.

(4)

The Animal which is the subject of the determination or action must be confined in a Secure Enclosure pending resolution of the hearing. For the welfare of any Animal confiscated for humane euthanasia, security of the Animal Services facility, and safety of any human, no visitation of the Animal at Animal Services shall be allowed.

(5)

Upon receipt of a written hearing request the Animal Services Director shall schedule an evidentiary hearing with a Special Magistrate. The hearing shall be held as soon as possible but not more than 21 calendar days and no sooner than five calendar days after receipt of the request from the Owner. Written notice of the date, time and location of the hearing and the Animal Services Director's decision on indigency status shall be delivered to the Owner no later than five business days prior to the hearing date. The Owner may appeal an adverse indigency determination to the Special Magistrate, who shall decide the merits of indigency status immediately prior to proceeding on the merits of the underlying case. In those instances where an Animal has been confiscated for humane euthanasia, the written notice shall specifically inform the Owner that the outcome may result in humane euthanasia and the date that the Animal will be humanely destroyed.

(6)

Hearings seeking review under this section of an action or determination of the Animal Services Director shall be heard by a Special Magistrate selected by the Board of County Commissioners.

(7)

The Special Magistrate shall have the authority to accept or reject any settlement agreement reached between the parties, and shall have continuing jurisdiction to enforce the terms of the settlement agreement through any appropriate order.

(8)

All testimony presented at the hearing shall be under oath administered by the Special Magistrate. Animal Services shall record the hearing. A copy of the audio recording shall be available to the public consistent with Chapter 119, Florida Statutes. The Petitioner shall have the right to make their own audio recording [of] the hearing and/or bring their own court reporter to make a verbatim record of the proceedings.

(9)

NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER IS MADE OF THE SPECIAL MAGISTRATE HEARING. ACCORDINGLY, ANY PERSON WHO MAY SEEK TO APPEAL ANY DECISION INVOLVING THE MATTERS NOTICED FOR HEARING WILL BE RESPONSIBLE FOR MAKING A VERBATIM RECORD OF THE TESTIMONY AND EVIDENCE AT THIS HEARING UPON WHICH ANY APPEAL IS TO BE BASED. THE FAILURE OF ANY PERSON TO RECORD THE HEARING AND TRANSCRIBE THE HEARING FOR PURPOSES OF APPEAL SHALL RESULT IN AFFIRMANCE OF THE SPECIAL MAGISTRATE'S DECISION.

(10)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay statements may be allowed, and any objections to hearsay shall go to the weight of the evidence. However, in no event may a Special Magistrate make a ruling solely on hearsay statements. At the hearing, the Animal Services Director shall have the burden of proving, by a preponderance of the evidence presented for determination of vicious animal status, and by clear and convincing evidence when a vicious animal is seized for humane euthanasia, that the determination or action under review was justified in accordance with the statute or this article.

(11)

Failure of the Owner to appear personally or through legal counsel at the hearing shall result in dismissal of the action and an order affirming the determination or action.

(12)

At the conclusion of the hearing, the Special Magistrate shall issue findings of fact, based on evidence of record, and conclusions of law in an order affording the proper relief. The order shall be filed with the Animal Services Director promptly after issuance and shall be deemed entered upon the date of said filing. A copy of the order shall be personally served on the Owner or on the Owner's legal counsel or mailed by certified mail, return receipt requested, to the Owner or the Owner's legal counsel.

(13)

The order of the Special Magistrate shall be final, subject, however, to review in the Circuit Court via appeal filed within thirty (30) days of the Special Magistrate's decision, pursuant to sections 162.21(8), 162.11, and 767.14, Florida Statutes. Such review by the Circuit Court shall be an appellate review limited to the record created during the Special Magistrate's hearing below and not a hearing de novo.

(14)

If the Owner files a timely written request for hearing or appeal according to this section, the Animal Services Director may not destroy the Animal while the hearing or appeal is pending, except to prevent unnecessary suffering as determined by two Veterinarians. The Animal Services Office shall check with counsel for Sheriff's Office and the Office of the County Attorney prior to destroying any confiscated Animal to ensure that no request for a hearing, appeal, or other challenge to the confiscation is currently pending.

(i)

Any Animal declared to be a Vicious Animal shall be confined in a Secure Enclosure on the premises of the Owner of such Animal. No Vicious Animal shall be permitted or allowed off the premises of the Owner unless such Animal:

(1)

Remains under the Direct Control of such Owner.

(2)

Meets conditions established in any order by the Animal Services Director, Office of the County Attorney, Special Magistrate, or Court.

(j)

It is a violation of this article for the Owner of a Vicious Animal to refuse or fail to confine or restrain such Animal as required by this Section. In the event the Animal is confiscated under this section and the Owner contests the initial determination, the Owner is responsible for the costs associated with the confiscation including daily maintenance fees and the euthanizing of the Animal.

(k)

No Vicious Animal impounded pursuant to this article shall be released until:

(1)

The Owner of such Vicious Animal presents proof to the Animal Services Director that the Animal will be confined as required by this section; and

(2)

The Owner of such Vicious Animal executes an affidavit acknowledging that the Animal has been declared vicious, agreeing to Confine and restrain the Animal, and recognizing the County's right to ownership and custody of the Animal if it bites or injures a human or another Animal after being declared vicious.

(l)

The Owner of a Vicious Animal shall report in writing the name and address of the new Owner to the Animal Services Director prior to transfer of ownership or custody of such Vicious Animal.

(m)

The Owner of a Vicious Animal shall report in writing or by telephone the death of such Animal to the Animal Services Director immediately. The death of such Animal shall be verified by a Licensed Veterinarian or Animal Services Officer.

(n)

The Owner of a Vicious Animal who permits, allows or causes such Vicious Animal to run, stray, or be uncontrolled or At Large in or upon public or private property shall be in violation of this article if such Vicious Animal bites, attacks, or causes injury to any Person or Domestic Animal.

(o)

The provisions of Chapter 767, Florida Statutes, as may be amended, pertaining to Dangerous Dogs are adopted in their entirety as part of this article. Any Animal previously declared, designated, or classified as "Dangerous" under Chapter 767, Florida Statutes, or "Vicious" under prior versions of this Code shall hereafter be considered to be Vicious Animals and any requirements pertaining to the keeping of such Animals shall continue after the effective date of this ordinance. Each day the Owner of a Vicious Animal fails to comply with the requirements of this Section or requirements of Section 767.12, Florida Statutes, as may be amended, shall constitute a separate and distinct offense.

(1)

After the Animal Services Director's initial determination becomes final and no challenge or appeal to the determination remains pending, the Owner of the Animal must obtain a Registration Certificate from the Animal Services Director within 14 days, and the Certification must be renewed annually on the first day of the calendar month following the date that the Animal was declared to be a Vicious Animal. The Animal Services Director will only issue a Registration Certificate and their renewals to individuals who are at least 18 years of age, pay the appropriate fee, and present sufficient evidence of the requirements provided for in this section and Section 767.12, Florida Statutes. If an Owner fails to obtain the necessary Registration Certificate from the Animal Services Director, or timely renew the Certification, then the Animal Services Director may impound the Vicious Animal at the Owner's expense until such requirements are met. In the event that the Owner does not comply with the Certification requirements within seven days after the Vicious Animal is impounded, then the Vicious Animal will be deemed to have been abandoned and shall thereafter become the property of Animal Services. In addition to those requirements, the Animal's Owner must:

a.

Sterilize the Vicious Animal within 30 days.

b.

Have the Vicious Animal microchipped or tattooed and registered to the Owner at his or her current address.

c.

Post the premises with clearly visible warning signs at all entry points to inform both children and adults of the presence of a Vicious Animal.

d.

Ensure that there is a Secure Enclosure to Confine the Vicious Animal.

e.

Ensure that when the Vicious Animal is not in a Secure Enclosure, muzzle and tether the Vicious Animal. The person to whom the Vicious Animal is tethered must be competent and able to keep the Vicious Animal under control.

(2)

The Animal Services Director may provide notification to appropriate neighbors and the public advising them of the presence of a declared Vicious Animal. Photographs of the Vicious Animal may be used in providing the public with internet access to Vicious Animal information.

(3)

Any Person who owns, harbors or otherwise provides custody for a Vicious Animal shall be responsible for any damage or injury caused by that Animal, including, but not limited to, veterinary or medical bills or property damage.

(p)

The Owner shall be responsible for payment of all boarding costs or other fees as may be required to humanely and safely keep the Vicious Animal during the pendency of any hearing or appeal procedure, as well as any and all investigative fees accrued by Animal Services. The Owner shall also be responsible for payment of any legal costs and/or attorney's fees for any necessary actions taken by Animal Services to enforce this section in a court of competent jurisdiction.

(q)

Special Magistrates shall have the same qualifications and be selected in the same manner as outlined in Section 2-345 of the Sarasota County Code of Ordinances, as may be amended from time to time.

(Ord. No. 95-042, § 10, 5-9-1994; Ord. No. 97-044, § 1(10), 6-17-1997; Ord. No. 2004-111, § 5, 11-10-2004; Ord. No. 2009-050, § 4, 10-13-2009; Ord. No. 2010-053, § 3, 9-15-2010; Ord. No. 2011-049, § 1, 7-26-2011)