§ 92.02. Aggressive animals.

(a)

Animal Control shall investigate complaints involving animals that may be aggressive. Animal Control shall have the authority to designate an animal as aggressive.

(1)

Provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by Animal Control, an animal shall be designated as aggressive if the animal has:

a.

Severely injured or killed a domestic animal while off the owner's property,

b.

Been used primarily or in part for the purpose of dog fighting or is a dog trained for fighting,

c.

When unprovoked, been involved in an attack that causes multiple bites to one person or bites multiple people that does not rise to the level of severe injury or death of a person or animal(s) on public or private property, or

d.

In the opinion of an Animal Control Officer or law enforcement officer, the animal posed a threat to the safety and welfare of the community.

(b)

An animal may not be declared aggressive if either of the following has occurred:

(1)

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 animal, its owner, a family member or guest, or

(2)

the animal was protecting or defending a human within the immediate vicinity of the animal from unjustified attack or assault.

(c)

The owner of the animal being investigated shall, if possible, be interviewed. An affidavit from any person and/or witness desiring to have an animal classified as aggressive shall be submitted to Animal Control.

(1)

An animal that is the subject of an aggressive animal or dangerous dog investigation, that is not impounded with Animal Control, shall be humanely and safely confined by the owner in a secured fenced or enclosed area and shall be subject to any reasonable restrictions placed thereon by Animal Control pending the outcome of the investigation and resolution of any hearings related to the aggressive animal or dangerous dog classification.

(2)

The address of where the animal resides shall immediately be provided to Animal Control.

(3)

No animal that is the subject of an aggressive animal or dangerous dog investigation may be relocated nor may ownership be transferred pending the outcome of an investigation and/or any hearings related to the determination of an aggressive animal or dangerous dog declaration.

(d)

If Animal Control determines that there is sufficient cause to classify the animal as aggressive, Animal Control shall provide written notification of this initial determination to the owner by registered mail or certified hand delivery of the animal within five (5) calendar days of the initial determination.

(1)

Any aggressive animal or dangerous dog not already impounded shall be impounded at the owner's expense by Animal Control pending the outcome and resolution of any hearings related to the aggressive animal or dangerous dog classification.

(2)

The owner may file a written request for an administrative hearing in front of a Special Magistrate to appeal the classification within seven (7) calendar days after receipt of the sufficient cause findings. The written request for a hearing shall be mailed to the address provided by Animal Control in the aggressive animal notification letter.

(e)

Administrative hearing process for aggressive animal appeal.

(1)

Upon receipt of an owner's timely request for an administrative hearing, a hearing shall be scheduled with the City of Port St. Lucie's Special Magistrate within twenty-one (21) calendar days, but no sooner than five (5) calendar days.

(2)

A notice of hearing shall be sent by first class mail or certified hand delivery to the named appellant at his/her last known address. The notice of hearing shall include the following:

a.

Place, date and time of hearing;

b.

Right of the violator to be represented by a lawyer; and

c.

Right of the violator to present witnesses and evidence.

(3)

A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Special Magistrate at least five (5) calendar days prior to the date set for the hearing.

(4)

All hearings of the Special Magistrate shall be open to the public. Assuming proper notice is achieved, a hearing may proceed in the absence of the named violator.

(5)

The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.

(6)

The clerk of the City of Port St. Lucie shall provide clerical and administrative personnel as may be reasonably required by the Special Magistrate for the proper performance of his/her duties.

(7)

Each case before a Special Magistrate shall be presented by the city attorney or his/her designee.

(8)

The hearing will not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the Special Magistrate finds it to be competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.

(9)

Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her.

(10)

The Special Magistrate shall make findings of fact based on evidence of record. In order to uphold the aggressive animal determination, the Special Magistrate must find that a preponderance of the evidence supports the determination.

a.

The Special Magistrate shall have the power to adopt procedures for the conduct of hearings, subpoena alleged violators and witnesses for the hearings, subpoena evidence, take testimony under oath, and assess and order the payment of administrative costs.

b.

The fact-finding determination of the Special Magistrate shall be limited to whether one or more of the criteria listed in subsection 92.02(a)(1) of this section were met. Based upon this fact-finding determination, the Special Magistrate shall either affirm or reverse the sufficient cause findings of the Animal Control Division.

c.

If the decision of the Special Magistrate is to affirm the Animal Control Division's decision, then the owner shall be responsible to pay the administrative costs of the hearing. 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 procedures.

(11)

The owner may appeal the Special Magistrate's findings by filing a written request for a hearing in the county court within ten (10) business days after the receipt of the written notification of the aggressive animal classification.

(f)

Aggressive animal/dangerous dog requirements.

(1)

Within fourteen (14) days after the animal has been declared aggressive by Animal Control or an aggressive animal or dangerous dog classification is upheld by the county court on appeal, the owner of the animal must obtain an aggressive animal license or dangerous dog license tag for each animal from the Animal Control Division.

(2)

The owner must renew the license tag annually.

(3)

Aggressive animal license or dangerous dog license tags and renewals shall only be issued to competent persons who are at least eighteen (18) years of age and who present to Animal Control sufficient evidence of all of the following:

a.

A current certificate of rabies vaccination for the animal;

b.

The animal shall be confined in a proper enclosure, suitable for a dangerous dog as defined in F.S.S. 767.11;

c.

Clearly visible warning signs at all entry points to the property that informs both children and adults of the presence of an aggressive animal on the property. Such signage must be approved by the Animal Control Division;

d.

Permanent identification of the animal, such as tattoo on the inner thigh or electronic implantation;

e.

The animal has been sterilized; and

f.

Additional reasonable restrictions are followed as determined on a case by case basis by the Animal Control Division.

(4)

Prior to issuance of the aggressive animal license tag and renewal thereof, the owner must pay Animal Control a fee set forth by section 92.44 of this chapter.

(5)

The owner shall immediately notify Animal Control when an animal that has been classified as aggressive:

a.

Is loose or unconfined;

b.

Has bitten a person or attacked another animal;

c.

Is sold, given away or dies; or

d.

Is moved to another address.

(6)

Prior to an aggressive animal being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to Animal Control. The new owner must comply with all of the requirements of this chapter, even if the animal is later moved from this city to another jurisdiction within the state.

(7)

However, if an aggressive animal ever moves out and returns to city limits, the owner of an aggressive animal must notify Animal Control that the animal is in the City of Port St. Lucie city limits within forty-eight (48) hours.

(8)

It shall be unlawful for the owner of an aggressive animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a chain or leash, and under the control of a competent person over the age of eighteen (18). The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but will prevent it from biting any person or animal.

(9)

When being transported, an aggressive animal shall be safely and securely restrained within a vehicle.

(10)

The owner may exercise the animal in a securely fenced or enclosed area without a muzzle or leash, if the animal remains in his/her sight and only members of the owner's immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the animal is present.

(11)

Hunting dogs are exempt from the provisions of subsection 92.02(f)(8) when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials and herding trials are exempt from the provisions. However, such dogs at all other times in all other respects shall be subject.

(12)

Section 92.02 does not apply to dogs used by law enforcement officials for law enforcement work.

(13)

Any person who violates any provision of the preceding sections of section 92.02 is guilty of a fine not exceeding five hundred dollars ($500.00).

(14)

If an animal that has been previously declared as aggressive attacks or bites a person or a domestic animal without provocation, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by Animal Control, the animal shall be confiscated by Animal Control, placed in quarantine, as requested by the Department of Health, if necessary, for the proper length of time, or impounded and held for ten (10) days after the owner is given written notice, and thereafter destroyed in an expeditious and humane manner.

a.

The owner may contest the confiscation during the ten (10) day period in accordance with subsection 92.02(e). In addition, the owner of the animal shall be fined five hundred dollars ($500.00).

b.

Upon confiscation of the animal, Animal Control shall provide the owner of record, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy the animal within the time prescribed.

(Am. Ord. 13-05, § 1, passed 2-11-13)