CESM Agenda 12/15/2023 DDCo ler County
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
December 15, 2023
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER -SPECIAL MAGISTRATE PATRICK H. NEALE PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
V. MOTIONS
A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES HEARING
B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE
C. MOTION FOR RE -HEARING
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
• CASE NO: CEEX20230010561
OWNER: Zachary Waldstein
OFFICER: Danielle Jersey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-38. Collier County Domestic Animal
Services (CCDAS) has determined that there exists sufficient
cause to make the initial determination that the dog is a
"Dangerous Dog"; `Balashi".
FOLIO NO:
PROPERTY 9143 Trivoli Terrace, Naples, FL 34119
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY JANUARY 5, 2024 AT 9:00 A.M.
XIII.ADJOURN
Code Enforcement Meeting: 12/15/23 09:00 AM
Department: Code Enforcement Board and Special Magistrate
Category: Special Magistrate Action Item
Prepared By: Miriam Lorenzo
SCHEDULED Initiator: Thomas Iandimarino
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 27409) DOC ID: 27409
CEEX20230010561-DAS Waldstein
CASE NO: CEEX20230010561
OWNER: Zachary Waldstein
OFFICER: Danielle Jersey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-38. Collier County Domestic Animal
Services (CCDAS) has determined that there exists sufficient
cause to make the initial determination that the dog is a
"Dangerous Dog"; `Balashi".
FOLIO NO:
PROPERTY 9143 Trivoli Terrace, Naples, FL 34119
ADDRESS:
Updated: 12/5/2023 8:41 AM by Helen Buchillon
Page 1
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CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
vs
ZACHARY WALDSTLIN, Respondent(s)
NOTICE OF HEARING
Case: CEEX20230010561-DAS
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 12/15/2023
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Dangerous Dog 14-38
LOCATION OF VIOLATION: 9143 Trivoli Terrace, Naples FL 34119
SERVED: ZACHARY WALDSTEIN, Respondent
Danielle Jersey. Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
IT IS FURTHER ADVISED that Ordinance No 07-44. as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Miriam Lorenzo
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2998 Telephone
Anyone who requires an auxiliary aid of service for effective communication, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-
8380, as soon as possible. but no Later than 48 hours before the scheduled event Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en is audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
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7.A.1.a
COLLIER COUNTY DOMESTIC ANIMAL SERVICES
SUFFICIENT CAUSE TO CLASSIFY DOG AS "DANGEROUS"
PURSUANT TO COLLIER COUNTY ORDINANCE
CHAPTER 14 ARTICLE II SECTION 14-38 AND/OR
CHAPTER 767 FLORIDA STATUTES
November 251h, 2023
Zak Waldstein (P182664)
9143 Trivoli Terrace
Naples, FL 34119
"Balashi" (A280588) Tam and white. Neutered male, English Coonhound Mix, 4 years old.
This letter is your written notice that Collier County Domestic Animal Services (CCDAS) has
determined that there exists sufficient cause to make the initial determination that your dog,
"Balashi", as described above, is a "Dangerous Dog" pursuant to Collier County Ordinance
Chapter 14, Article 11, Section 14-38 and/or Chapter 767, Florida Statutes based on the following
findings:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being
on public or private property.
Pursuant to Collier County Ordinance Chapter 14, Article II, Section 14-38 and/or Subsection
767.12(1)(c), to appeal this initial determination, your written rcquest MUST be sent to CCDAS
(Attn: Danielle Jersey email address Danielle.Jersey@coIIiercountyfl.gov) not later than seven (7)
calendar days from the day that you receive this letter.
If you request this hearing, the hearing will be held as soon as possible, but not later than twenty-
one (21) calendar days and not sooner than five (5) days after the day that CCDAS receives your
written request for a hearing. If you request a hearing, be sure to provide CCDAS a telephone
number where you can be reached on weekdays between 8 a.m. and 5 p.m. in order for CCDAS to
conveniently notify you of the date, time, and place of the hearing. A letter notifying you of the
same will also be sent to you. This hearing may only be rescheduled by written agreement
approved by both parties.
If you do not request a hearing within seven (7) days from the date of your receipt of this letter,
this initial determination will become a final determination that your dog is a "dangerous dog" as
determined by CCDAS.
If a final determination is made that this dog is a "dangerous dog" you will be required by law to
immediately take several actions with regard to this dog. These obligations include registering
this dog as a "dangerous dog" with CCDAS and are specified in Collier County Chapter 14, Article
11. Section 14-38 and/or Chapter 767 Florida Statutes. Additional obligations are specified in
Chapter 14 of the Collier County Code of Laws and Ordinances.
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If your dog is impounded throughout this process, you will be required to pay for all costs incurred
for the care of the dog. You must pay all costs in full before your dog will be released to you.
Please note CCDAS will not hold your dog indefinitely. Failure to comply with all requirements
of this letter, Florida Law, and County ordinance will ultimately result in your forfeiture of
ownership of your dog.
Signed by.
Danielle Jersey
Field Operations Manager
Collier County Domestic Animal Services
7610 Davis Blvd
Naples, FL 34104
(239) 252-6961
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Dangerous Dog Acknowledgement
Collier County Domestic Animal Services (CCDAS) is investigating a report that your dog was involved in an attack that
may qualify your dog as a dangerous dog pursuant to Collier County Animal Control Ordinance (CCACO) and Florida State
Statute (FSS). , \
I, �a rZ� �rlC,5 '�L�SrU �� the owner or caretaker of/ (Dag name/AID)
have received notice that:
❑ This dog is under investigation as a dangerous dog.
CCDAS has found sufficient cause to declare this dog as dangerous, pursuant to CCACO and FSS; "Dangerous dog"
means any dog that according to the records of the appropriate authority:
*as aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or
private property;
❑ Has more than once severely injured or killed a domestic animal while off the owner's property;
❑ Has, when unprovoked, 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.
CCDAS has determined that this dog shall be impounded for the duration of the investigation.
u CCDAS has found insufficient cause to declare this dog as dangerous.
El Other:
ISJ ack owledge that I have received the following forms and/or documents:
❑ ACO Sec. 14-38 and Chapter 767, Florida Statutes
angerous Dog Sufficient Cause Letter, including appeal options.
�angerous Dog Registration Application
Other
I understand that my dog is under investigation as a dangerous dog and I cannot relocate or transfer ownership pending
the outcome of the investigation or any hearings related to the determination of a dangerous dog classification. I also
understand that I am required to immediately notify CCDAS if my dog is classified as dangerous and I sell or give my dog
away or if I move to another address_ Prior to a dangerous dog being sold or given away, the owner shall provide the
name, address, and telephone number of the new owner to animal services. The new owner must comply with all the
requirements of the Ordinance.
I understand that if�fail to pond to CCDAS's request(s) and/or fail to cooperate with the investigation, I may forfeit
ownership h og.
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J - Animal ID: 2 6()5sg
Ow r aretaker Signature Date
Person ID. 1 pZ(p
Owner/96reiaker Printed Name Activity #: 23 - 0025 0 Z_
e�7�_2 -_ NOM
ACO Name/EMP #
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7.A.1.a
Miriam Lorenzo
From:
Danielle Jersey
Sent:
Friday, December 1, 2023 2:41 PM
To:
Miriam Lorenzo
Cc:
Helen Buchillon; Colleen Karlen; Timothy Crotts
Subject:
Dangerous Dog Hearing Dec 15th, 2023
Attachments:
Balashi signed Sufficient Cause Letter Nov 25th, 2023.pdf; Balashi DD Acknowledgement
Nov 25, 2023.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Good afternoon,
Here is the information on the Dangerous Dog case that needs to be scheduled for December IS" due to the dog owner
requesting to appeal the Dangerous Dog Declaration.
Thank you,
Respectfully,
Danielle Jersey
Field Operations Manager
Coder County
Domestic Anima! Services
7610 Davis Blvd Naples, FL 34104
Phone: 239.252.7387 Fax: 239.530,7775
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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Sec. 14-38. - Dangerous Dogs; Procedures.
1. Dangerous Dog Procedure.
A. All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The provisions of F.S.
ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their entirety as
part of this Section. All procedures, regulations, requirements, and restrictions, pertaining to
dangerous dogs are applicable under this article, and a violation of state law shall constitute a
violation of this Ordinance. To the extent that any provision in this Ordinance conflicts with
F.S. ch. 767, the statute shall control.
B. The Director 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 dangerous. Any animal that is the subject of a dangerous dog investigation, and is not
impounded with animal services, shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and resolution of
any hearings related to the dangerous dog classification. The address of where the animal
resides shall be provided to animal services. No dog that is the subject of a dangerous dog
investigation may be relocated or ownership transferred pending the outcome of an
investigation or any hearings related to the determination of a dangerous dog classification.
In the event that a dog is to be destroyed, the dog shall not be relocated or ownership
transferred.
C. Animal services may impound any dog under investigation if the owner is unable or unwilling
to securely confine the dog during the investigation. Upon written notice from animal
services, the owner must allow access to the dog for the purposes of impoundment. If the dog
is impounded during this time, the owner is responsible for all costs related to impoundment
unless the owner ultimately prevails and the dog is not declared dangerous.
D. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a
person who, at the time, was unlawfully on the property or, while lawfully on the property,
was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may
be declared dangerous if the dog was protecting or defending a human being within the
immediate vicinity of the dog from an unjustified attack or assault.
E. If the Director, or his or her designee, makes an initial determination that a dog is dangerous,
based on the initial investigation, the County shall provide written notification of that
determination to the owner of the dog. Notice shall be by certified mail, by certified hand
delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The
Director's initial determination shall automatically become final unless the dog's owner,
within seven calendar days after receipt of the notice, files a written request for a hearing to
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challenge the Director's initial determination. The written request must be submitted to animal services. If
the dog's owner files a timely written request for a challenge hearing, the effective date of the
determination shall be the date of the final decision of the Special Magistrate.
F. Any owner of a dog that is initially declared dangerous by the Director may appeal that
decision to the Code Enforcement Special Magistrate. This hearing shall be held as soon as
possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
request from the owner. The hearing may only be continued by agreement of both parties.
G. If the Special Magistrate's determination is to uphold the dangerous dog classification, animal
services shall provide written notification to the owner as required above. The dog owner may
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file a written request for a hearing in circuit court to appeal the classification within ten (10)
business days after receiving notice. This request for hearing must be filed with the circuit
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court, and a copy provided to animal services within the time provided. Any such appeal shall
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not be a hearing de novo, but shall be limited to appellate review of the record created before
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the Special Magistrate.
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2. Registration of dangerous dog and fees.
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A. Registration of dangerous dog. Not later than 14 calendar days after the final effective date,
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as specified above, that the dog is determined to be a dangerous dog, the dog's owner must
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file a complete written standard form application with animal services to be issued a
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certificate of registration for the dangerous dog. The application/administration fee for each
certificate shall be established by Resolution of the Board of Commissioners. A complete
application for the initial certificate of registration shall include: (i) the filing fee and late fees,
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if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be
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identified by name and address on the Collier County Animal Services website; (iii) a receipt or
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other written proof that the dog has been permanently identified (via microchip); (iv) a current
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certificate of vaccination, against rabies for the dog; and (v) a receipt or other written proof
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that the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or
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other reason that the dog cannot be spayed or neutered, the owner will provide the reason in
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writing signed by a Collier County licensed veterinarian.
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B. Within ten (10) days of receipt of a complete application, animal services will make a site visit
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to ensure provision of a proper enclosure, and posting of the premises with a clearly visible
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warning sign at all entry points that informs both children and adults of the presence of a
dangerous dog on the property. Animal services will provide two (2) of the required signs.
Upon completion of a successful site visit, animal services will issue the requested initial
certificate. The duration of each certificate is 365 days. There shall be a late fee for each day
that the certificate is not issued, and such late fee shall be determined by a Resolution of the
Board of County Commissioners.
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C. Annual renewal of certificate of registration. A standard renewal application must be filed
annually at least ten (10) calendar days prior to the date that the respective certificate is to
expire. A complete application for a renewal certificate shall include the
renewal/administrative fee, a current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of rabies vaccination.
D. Failure to re -register. There shall be a late fee for each day that a complete renewal
application is not filed, and such late fee shall be determined by Resolution of the Board of
County Commissioners. Animal services may impound any dog whose owner has: (i) failed to
re -apply for registration 30 days past the expiration of the certification; or (ii) failed to
successfully complete re -registration 45 days past the expiration of the certification. Upon
written notice from animal services, the owner must allow access to the dog for the purposes
of impoundment. The owner is responsible for all costs related to impoundment. Failure to
successfully re -register the dog after 30 days of impoundment will result in forfeiture of
ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
3. Subsequent handling of dangerous dogs.
A. The owner shall immediately notify animal services when a dog that has been classified as
dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal;
(3) Is sold, given away, or dies; and/or
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to animal services. The new owner must
comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a suitable leash of dependable
strength and under the control of a competent person. Unless prohibited by the dog's
physical make-up, as in brachycephalic breeds, the muzzle must be of a cage -style that will
not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
biting a person or animal. Brachycephalic breeds of dogs must wear a suitable type of muzzle
if a cage -style cannot be worn. The owner may exercise the dog in a securely fenced or
enclosed area that does not have a top, without a muzzle or a leash, if the dog remains within
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his or her sight and only members of the immediate household or person 18 years of age or older are
allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and
securely restrained within a vehicle.
C. Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or
training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience
trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt
from the provisions of this section when engaged in any legal procedures. However, such
dogs at all other times in all other respects shall be subject to this and local laws. Dogs that
have been classified as dangerous shall not be used for hunting purposes.
D. This section does not apply to dogs used by law enforcement officials for law enforcement
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work.
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E. A person who violates any provision of this section commits a noncriminal infraction, 4
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punishable by a fine not to exceed $500. o
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4. Attack or bite by dangerous dog. M
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A. If a dog that has previously been declared dangerous attacks or bites a person or a domestic x
animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. ch. 775. In addition, the dangerous dog shall be immediately
confiscated by animal services, placed in quarantine, if necessary, for the proper length of
time, or impounded and held for ten (10) business days after the owner is given written notice
under F.S. ch. 767.12, and thereafter destroyed in an expeditious and humane manner. This
ten-day time period shall allow the owner to request a hearing as outlined above in this
section. The owner shall be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any appeal procedure.
B. If a dog that has previously been declared dangerous attacks and causes severe injury to or
death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time or held for ten
business days after the owner is given proper written notification under F.S. ch. 767, and
thereafter destroyed in an expeditious and humane manner. This ten-day time period shall
allow the owner to request a hearing under this section. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely keep
the animal during any appeal procedure.
C. If the owner files a written appeal under this section, the dog must be held and may not be
destroyed while the appeal is pending.
D.
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If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time
of the attack, the owner is not guilty of any crime specified under this section.
5. Attack or bite by unclassified dog that causes severe injury or death.
A. If a dog that has not been declared dangerous attacks and causes the death of a human, the
dog shall be immediately confiscated by animal services, placed in quarantine, if necessary,
for the proper length of time or held for 10 business days after the owner is given written
notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane
manner. This 10-day period shall allow the owner to request a hearing under this section, the
dog must be held and may not be destroyed while the appeal is pending. The owner is
responsible for payment of all boarding costs and other fees as may be required to humanely
and safely keep the animal during any appeal procedure.
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B. If a dog that has not been declared dangerous attacks and causes severe injury to, or the
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death of, a human, and the owner of the dog had knowledge of the dog's dangerous
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propensities, yet demonstrated a reckless disregard for such propensities under the
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circumstances the owner of the dog commits a misdemeanor of the second degree,
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punishable as provided in F.S. ch. 767.
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C. If the dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner of the dog is not guilty of any crime under this
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6. Violations.
A. Failure to comply with any provision of this Section may result in a fine not to exceed $500.00
and impoundment of the subject dog. Upon written notice from animal services, the owner
must allow access to the dog for the purposes of impoundment. The owner is responsible for
all costs related to impoundment.
B. Failure to cure any violation of this Section within 30 days of impoundment of the subject dog
will result in forfeiture of ownership of the dog. Animal services may dispose of such an
impounded dog, in a humane manner at the expense of the owner.
C. Upon second occurrence of a violation of this Section, failure to cure within ten (10) days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense of the
owner.
D. Each day the owner of a dangerous dog fails to comply with the requirements of this Section
or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate and
distinct offense.
(Ord. No. 2018-33, § 1)
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