§ 10-7. Regulation of vicious dogs.

(a)

For purposes of this section, the following term shall have the meaning indicated: Enclosure shall mean that the dog is securely confined indoors, or within a six-foot high fence or within a structure suitable to prevent the entry of young children and to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall have secure sides, top and bottom, and shall be designed to prevent the animal from escaping over, under, or through the structure, shall be kept locked, and shall also provide protection from the elements.

(b)

In the event an incident involving any dog that may be vicious is reported, the appropriate law enforcement agency shall conduct an investigation, which shall consist of an interview of the owner, if possible, and a sworn affidavit executed by any person, or the investigating officer, desiring to have a dog classified as vicious. If the agency determines after conducting the investigation that sufficient cause exists to classify the dog as vicious, as defined in this chapter, the agency 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 F.S. ch. 48.

(c)

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 10-7(f) within 14 calendar days notification of the classification.

If the owner contests the initial classification, he or she shall, within seven calendar days of receipt of the notice of such initial classification, file a written request with the code enforcement board and forward a copy to the police department or any animal regulatory agency of the city for a hearing to appeal the initial classification and confine the dog in a securely fenced or enclosed area pending the resolution of the appeal.

The hearing shall be conducted in accordance with the procedures set forth in section 10-7.5. 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.

(d)

In the event that any law enforcement officer or animal regulatory agency 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 as vicious, it shall remain impounded until the owner provides for its secure confinement pursuant to this section. The division 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 14 days of the latter of:

(1)

Initial classification of viciousness;

(2)

Determination of viciousness by the hearing officer; or

(3)

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 City of Quincy to maintain the dog during such impoundment unless the owner prevails at the conclusion of all legal proceedings.

(e)

Notwithstanding the definition of "vicious dog" as provided by this chapter, no dog may be classified as vicious if any 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 as vicious if the dog was merely protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(f)

No person shall own or keep a vicious dog without registering the dog with the police department and obtaining a vicious dog license tag within 14 calendar days of either the classification of viciousness by the police department; or in the event of appeal of such classification is taken, the upholding of the classification by the code enforcement board or a court of competent jurisdiction. Any owner of a dog declared vicious by another jurisdiction who brings the dog into the City of Quincy shall register the dog within 14 calendar days of setting up residence in the city. The procedures and requirements for registering the vicious dog are as follows:

(1)

The owner shall complete a vicious dog registration form for each dog so classified and pay a one-time registration fee as set forth by resolution for each vicious dog being registered;

(2)

A vicious dog license tag shall be obtained at the fee set by the code enforcement board or the City of Quincy Police Department. The vicious dog license is to be renewed annually. Failure to renew the vicious dog license tag within 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 noncompliance with this ordinance. In the even a current vicious dog tag is lost, destroyed, or misplaced or otherwise missing, a replacement vicious dog license tag must be obtained at the fee set forth by resolution for replacement vicious dog license tags.

(3)

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

(4)

The owner or keeper shall comply with sections 10-3 and 10-4 of this chapter, to the extent such sections do not conflict with this section. A vicious dog is not required to wear a regular license tag in addition to the vicious dog license tag.

(5)

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.

(g)

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 herein. At any time that a vicious dog is not so confined, the dog shall be muzzled and leashed 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 F.S. § 828.122, and sponsored by a dog club, association, society or similar organization;

b.

While the dog 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 City of Quincy Police Department and the code enforcement board immediately if a vicious dog is on the loose, unconfined, has attacked a human being or another animal, or has died or been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide the City of Quincy Police Department with the name, address, and telephone number of the new owner of the vicious dog.

(3)

Notify the City of Quincy Police Department of any cancellation, modification, expiration or termination of liability insurance coverage purchased by the owner.

(h)

This section shall not apply to dogs owned and used by a law enforcement agency or dogs used for the purpose of hunting wild game.

(i)

Any vicious dog without a valid vicious dog license tag as required by 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 (g)(1), shall be confiscated by an officer, placed in quarantine if necessary, for the proper length of time, or impounded or disposed of in a humane manner after the expiration of 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 F.S. ch. 48. The 14-day time period shall allow the owner or keeper to request a hearing.

(j)

(1)

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 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 business days from the date the owner receives the notice, dispose of the 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 F.S. ch. 48. The ten-day time period shall allow the owner to request a hearing. 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 appeal procedure.

(k)

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 18 years.

(Ord. No. 917, § 7, 1-9-01; Ord. No. 969, § 3, 10-28-03)