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05-07-96 CITY OF ATLANTIC BEACH CODS HNFORCBMSNP BOARD AGENDA 7:30 P. M., MAY 7, 1996 Call to order Pledge to the Flag Roll Call 1, Approval of the minutes of the regular meeting of March 5, 1996 and the special meeting of March 14, 1996. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. The following information contains a report of compliance relative to old business of the Board. If a Board member has questions or would like further information regarding any of the reports the Code Enforcement Officer will be happy to respond to questions at the meeting. cas No_ Oi06 - Wad: B kka - owner of property located at 31 Royal Palms Drive - brought before the Hoard in violation of National Fire Protection Code and Standard Building Code. Wadie Bakkar was found to be in violation of the National Fire Protection Code, but because the property had been brought into compliance no fine was levied. With reference to the Standard Building Code, the Board voted to allow Mr. Bakkar to meet with Don Ford, Building Official, and proceed in an orderly manner to correct violations. If violations were not totally and completely cleared up within 45 days, by April 19, 1996, a fine of $250.00 per day would be levied against the property, beginning April 20, 1996. Mr. Bakkar was instructed to meet with Don Ford Thursday, March 7, 1996, 9:00 a.m. at the Atlantic Beach City Hall. (In Compliance). case No_ 0103 - ~TamPrx s~rh - owner of property located at 85 Edgar Street, brought before the Board in violation of Section 12- 1-9. James Smith was found to be in violation of the code referenced above. Mr. Smith was given 15 days to bring the property into compliance. If the property had not been brought into compliance a fine of $50.00 per day would be levied. (In compliance). Case No. 0104 - Harry L. Caine - owner of property located at 449 '- Mako Drive, brought before the Board in violation of Section 12-1- Page 2 ~ Code Enforcement Agenda May 7, 1996 3. Harry L. Caine was found to be in violation of Section 12-1-3 of the Code. No fine was levied against the property because the property had been brought into compliance. (in Compliance). ,4_ Old Resin ss f om ~ 'al M e in4 of March 14. 1496 i`as No_ olos - Do ala T_ Moses - owner of property located at Lot 8, Ocean Breeze, brought before the Board in violation of Chapter 24, Section 82 and 151. Donald T. Moses was found to be in violation of the Sections referenced above. No fine was levied against the property because the property had been brought into compliance. The board found that Mr. Moses was not guilty of using the satellite dish for commercial purposes and was therefore not in violation of that city ordinance. (Case was appealed to Circuit Court). K_ New Business: Case No. 0111 - Shirley M. Muzphy - owner of property located at 434 Skate Road, in violation of Florida Statute 767.12 and Section 4-6 of the Code of the City of Atlantic Beach in that there exists on the premisses located at 434 Skate Road the following Condition(s) : _dS2gs are being declared danq _rolis d~ to h i t_nDrrwnksul t,Phavinr to a nc~rSOII nd no h nimal wh n off~r~ gronerty~ t_nleashed on the r;gh --o -way and p~lic mad on Fefiruarv~~, 1446 _ Case No. 0107 - Sarah and Charles Bratcher - owner of property located at: Lying Between West 9th St. and W. 10th St., in violation of: Section 12-1-7 AND 12-1-8 OF THE ATLANTIC BEACH CODE OF ORDINANCES in that there exists on the premises referenced above the following condition(s) : at,andoned v h;elP- ou s;d s oraag;, b~,h grass nd w ds- ~nsomd s ~ u P_ Case No. 0108 - Robert J. Stewart - owner of property located at: 348 Church Street; in violation of Section 12-1-7, 12-1-8, and 16-3 of the Code in that there exists on the premises referenced above the following condition(s): outside storage; unsound structure, trash to be placed in containers. Case No. 0109 - Christine Sanders - owner of property located at 30 Ardella Road; in violation of Section 12-1-7 of the code in that Page 3 ~` Code Enforcement Agenda May 7, 1996 there exists on the premises referenced above the following condition(s): abandoned unregistered motor vehicle. Case No. 0110 - David and Susan Lewis - owner of property located at 1447 Mayport Road; in violation of Section 12-1-8 of the Code in that there exists on the premises referenced above the following c condition(s): building has rotted facia and soffit boards; missing facia and soffit; building is not impervious to weather and rodents. Case No. 0111 - Wayne V. Weinaug - owner of property located at 845 Amberjack Lane; in violation of Section 12-1-7 and 24-65 of the Code in that there exists the following condition(s) at property referenced above: outside storage o iil ina material, furn~ture_ ~allnn hnrlrsatg nli~ng ix ~ 8 weight lifting~rn~i~nt: hti; 7 di ng_oc>xmi t rern~; d o en -los d aaragA or arp t _ ~ _ Rern,PSr o .i n A . -ion z g~ Address Pierce, Joseph 21 Lewis St. Moss, J. V. Or Heirs 56 Lewis St. Amni~nt Of .i n 1,270.00 1,270.00 CITY OF ATLANTIC BEACF- CODE ENFORCEhfENT BOARD MINUTES MAY 7, 1996 Call to order: PRESENT: Edward Martin, Chairman Heywood Dowling, Jr. Ken Rogosheske Theo Mitchelson Lou Etta Waters Kathleen Russell AND: Suzanne Green Prosecuting Attorney Alan ]ensen, Lega] Counsel Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary ABSENT: Richard Mann (excused) The meeting was called to order by Chairman Ed Martin, followed by the Pledge to the Flag. r 1. Approval of the minutes of the reP~lar meeting of Msrch 5. 1996 and the special meeting of March 14.1996. A motion was made, seconded, and passed to approve the minutes of the regular meeting of March 5, 1996 and the special meeting of March 14, 1996. ~. Recognitio of Visitors and Guests regarding any matters that are not listed on ag nda No one wished to speak. Case No. 0106 - Wadie Bakkar -owner of property located at 31 Royal Palms Drive - Mr. Grunewald reported the property was in compliance. Case No. 0103 -James Smith -owner of property located at 85 Edgar Street - Mr. Grunewald reported the property was in compliance. Case Ne. 0104 - Harrv L Caine - owner of propes(y located at 449 MakoDrive - Mr. Grunewald ~. Minutes, ['age 2 Code Enforcement Board; 5/7/96 reported the property was in compliance. ~QJ.t(Business from Special 111eetinp of March 14. 1996 Case No. 0105.Ronald T. Moses -owner of property located at Lot 8, Ocean Breeze - Mr. Grunewald reported -he appeal of this case made by Kirk Hansen had been dropped. Case No.0107 -Sarah and Charles Bratcher - owner of property located at: Lying Between West 9th St. and W. 10th St., in violation of: Section 12-1-7 and 12-1-8 of the Atlantic Beach Code of Ordinances in that there exists on the premises referenced above the following condition(s): abandoned vehicle; outside storage; high grass and weeds; unsound structure Mr. Martin read the case hearing procedure and all witnesses were sworn in. Karl Gnmewald explained what had occurred in the past regarding the state of the property and the shrimp boat on the property, and he passed out photographs dated April 10, 1996. Fie explained as of the date of the hearing, May 7, 1996, the Bratchers had cleared 95% of the property. The only ~ items that remained were as follows: the shrimp boat remained on the property, an engine block needed to be removed, and a new roof had to be placed on a garage. Robert Skeels, Attorney representing the Bratchers, explained the shrimp boat was being repaired and by fall the boat would be back on the water. Fie indicated the engine block would be put under the shed, and the tin roof on the garage would be replaced. He asked that the board give the Bratchers until November 15, 1996 to remove the shrimp boat. Following discussion, a motion was made, seconded, and passed to find the Bratchers in violation of Section 12-1-7 and 12-1-8 of the code. The Board voted to give the Bratchers until June 7,1996 by the end of the day to move the engine block, and to repair the roof of the shed. The Bratchers were given until November 15,1996 to remove the shrimp board. If the shrimp boat is not removed a fine of $250 per day will be levied against the property, until the boat is removed. Mr. Martin read the case hearing procedures for the remaining cases on the agenda and all witnesses were sworn in. Case No. Ol i l -Shirley 141. Murnhv - owner of property located at 434 Skate Road, in violation of Florida Statute 767.12 and Section 4-6 of the Code of the City of Atlantic Beach in that there exists on the premisses located at 434 Skate Road the following condition(s): dogs are being ~ declared dangerous due to their unprovoked behavior to a person and another animal when off your property, unleashed, on the right-of--way and public road on February 29, 1996. ~ Minutes, Page 3 Y Code Enforcement Board; 5/7/96 Suzanne Greene explained an affadavit complaining against the dogs had been received by the city from Sharron Hood dated March 26, 1996 (copy attached hereto and made a part hereof -Exhibit A). Subsequently, an appeal was filed by the owner of the dogs, Shirley Murphy (attached hereto and made a part hereof- Exhibit B). The appeal was dated April 1, 1996 but was not received by the city until April 9, 1996, thus the appeal was not given in a timely manner. BeeJay Lister, Animal Control Officer, gave the board a history of warnings, verbal and written, that she had given to Ms. Murphy. She indicated the gate to the fence at residence of the dogs was not adequate. She referred to another incident that occurred on February 29, 1996 wherein an affidavit was given by Kathy Soce (copy attached hereto and made a part hereof -Exhibit C). She indicated another affidavit dated April 1, 1996 was received from a resident of 429 Skate Road, Delores Frith (attached hereto and made a part hereof -Exhibit D). Sharron Hood, witness, explained she lived across the street from Ms. Murphy. She indicated the dogs were a nuisance, and were in her yard on many occasions. She explained the dogs frightened her daughter on one occasion. Shirley Murphy indicated the dogs never attacked anyone. She indicated one dog was usually tied outside and one dog stayed inside. She indicated she had five children and that the dogs never were ~ a threat to the children. The board decided to accept the appeal of Ms. Murphy even though it was received in an untimely manner. Following a discussion the board unanimously voted to find Shirley Murphy to be in violation of Sections 4-6 and 4-28 of the Code and FSS 767.12. Mrs. Murphy's dogs, a black chow named Midnight and a red chow named Cinnamon were found to be vicious and dangerous, and lets. Murphy must conform to FSS 767.12 (attached hereto and made a part hereof - Ezhibit E). Case No. 0108 -Robert J. Stewart -owner of property located at: 348 Church Street; in violation of Section 12-1-7, 12-1-8, and 16-3 of the Code in that there exists on the premises referenced above the following condition(s): outside storage; unsound structure, trash to be placed in containers. [Carl Grunewald passed out photographs of the property. He explained Mr. Stewart demolished the shed, but that the debris he had placed on the property to be picked up was not placed in containers, thus the city's refuse contractor would not pick up the debris. Following discussion, it was decided Karl Grunewald would contact the city in an effort to have the debris removed. The Board found Robert Stewart to be in violation of Section 12-1-7,12-1-8 and 16-3 of the Minutes, Page 4 ~.~ Code Enforcement Board; 5/7/96 Code. He was given 45 days, until June 22,1996 to bring the property into compliance, or a fine of $50 will be levied against the property. It was ezplsined to Mr. Stewart that if the city was not in a position to remove the debris, that it was his responsibility to see that the debris was removed. Case No. 0109 -Christine Sanders - owner of property located at 30 Ardella Road; in violation of Section 12-1-7 of the code in that there exists on the premises referenced above the following condition(s): abandoned unregistered motor vehicle. Christine Sanders explained that the car belonged to her daughter, and that it had been removed. Since the car had been removed, the board imposed no fine on the property. The Board voted to find Christine Sanders guilty of section 12-1-7. It was ezplained to Christine Sanders that iC the property was in violation for the same offense in the future, that it would be treated as a second offense. Case No. 0110 -David and Susan Lewis -owner of property located at 1447 Mayport Road; in violation of Section 12-1-8 of the Code in that there exists on the premises referenced above the following condition(s): building has rotted facia and soffit boards; missing facia and solYit; -' building is not impervious to weather and rodents. Susan Lewis indicated she and David Lewis had repaired the inside of the structure, and now they were repairing the outside of the structure. She outlined the repairs that had been done inside the house, and the repairs that she intended to do outside the house, to satisfy the Code. Following discussion, the board found Susan and David Lewis in violation of section IZ-1-8. They were given 60 days, until July 7,1996, to bring the property at 750 Mayport Road into repair, or a fine of $50 per day would be levied against the property. Case No. 0111 - Wavne V. Weinaug -owner of property located at 845 Amberjack Lane; in violation of Section 12-1-7 and 24-65 of the Code in that there exists the following condition(s) at property referenced above: outside storage of building material, furniture, 5 gallon buckets, plumbing futures, weight lifting equipment; building permit required for enclosed garage or carporti. Etta Lou Waters declared a conflict of interest and did not participate in hearing this case. Karl Crnmewald explained Mr. Weinaug never got a permit for enclosing his carport. Mr. Grunewald added as of today, May 7, 1996, the property was cleared up and the carport enclosure had been ~ taken down. There was an addition in the rear of the property which had been done without a permit, Mr. Grunwald added. Minutes, Page 5 Code Enforcement Board; 5/7/96 Mr. Weinaug explained he was not aware that he needed to get a permit for enclosing the garage. He explained this was his first house and he did not know the necessary steps that had to be taken. Following diswssion the Board found Mr. Weinaug guilty of violating the code, but no fine was levied. The board a:pressed confidence that Mr. Weinaug would get a permit for the room addition, to which Hir. Weinaug agreed he would get a permit for the room addition. 5. Request for Lien Action The Board voted to placed liens against the following properties: dame Address Amount of Lien Pierce, Joseph 2l Lewis St. 1,270.00 Moss, J. V. Or Heirs 56 Lewis St. 1,270.00 6. Board Members comments: It was reported by Chairman Martin that there was a conflict in two upcoming board meetings scheduled for September 3 and November November 5, 1996, due to elections being held in the Chambers. The Board voted to changed the meetings to September 10 and November 12. ~ There being no further business the Chairman adjourned the meeting at 9:30 p. M. G. E. Martin, Chairifiad` Chairman, Code Enforcement Board ATTEST: Trudy Lopanik ~xh~6.t /~ r^ CITY OF ~tla><stie Seacl - ilCaztda ATIAT.TIC BEACH POUCE DEPT. -. a 830SFA1LNOU:ROAD ATLAKIIC BEACH, FLORIDA 32233 ~\ TELEPHO\'E (904) 247-3839 Sworn Affidavit This affidavit is to declare the following described dog 'dangerous'under Florida Statute 767.12 and under Atlantic Beach Animal Ordinance Sec.4-2q '~/cious Dogs. (address) 1t" / ~ ~/ pn ~/~/T7`_t/ (cay) 7`7- /G~ • / .7C />l(state) /"~L Tel. # °~" 7 ~- ~c~creo hereby wish to have the herein described dog declared dangerous as outlined in the above statutestordinances. n P g ~~{Qu~~SI ~ ~ ) ~/Dtil6NT Descri tion of do :(tree / (color) (sex) ~ r(name ('iNN A f7c CYC~ Oog Owner. S'H/r~Y ~ U~A~Y Address ~/3l/ S Jr'l9T~>; Home Tel. # o~y9- ~7~y Work # ~ 6..~' ~3 ~' ~USLIC SIY Comm Er r ~ ~ iUd COMht p ^ cr8~/.,7/a Note: Comments should include all details ofincident, le. dafeRimelocation and specifics o~w"haN~i~~~~d. Continued.... I have seen the owners of the two dogs (Midnight and Cinnamon) leave the house and watch the dogs come out of their gate unleashed and unattended .They don't attempt to restrain their animals or they wait until they return on their own to put them back inside the house . IWe called animal control and the police department on more than one occasion regarding the two dogs at 434 Skate Road ,once Midnight had trapped himself in between the gates lining my back yard and the neighbors behind me .There was no one at home to come retrieve him . I called the police and there was nothing he could do . The dogs arc frequently allowed to roam the streets without an escort or leash . These dogs have been a nescience since the day they moved in across the street from me . I have watched the dogs chase people whom were walking down the street and no one would come out of the house to get them back inside the gate .Midnight has come into my yard barking at my daughter while she removed bags from my car .Yet the owners oC these dogs say their dogs never leave their yard . I once attempted to lock my gate to show proof of the dogs being in my yard .When they saw me closing my gate they sent someone over to get them before the police could come to make the report .Needless to say .... these dogs are a menace to the neighborhood . I have witnessed a dog fight ~ between Midnight and another neighbors dog which took place in the yard of the other dog .There again no one attempted to retrieve the dog from the neighbors yard .When I tried to politely inform the woman of the house that her dogs were out she ignored me so it was made necessary for me to place several complaints with animal control and the police . ~- ~- ~~ r~i ~~L ~,~~/~ ,~ v -- ;i ., ,.I ~I .i ~„ ~;i - `i ~ ~~ 3 ~;~ ~:~ zC/-I!J?ic ~~/.~~~ mac. ,: .:~ , ~~- - 1l~fifir.~a~lr1 !'tr _-- APR 6 _ ~iUI~G~I ~~ ~f)C~ ZO.llfl)? i :' ::, ~-i i . r.o .~_ ~ ,~ •~j ~_J ..: ~ .~ ~x ti, d; t ~ - CITY OF r ~4tecuctie seat! - ~ea¢tca!it . ~ ,~ ~ ATLA`.TIC BEACH POLICE DEPT. ~_ SSOSE\tIVOLEROAD - ATL.4!\TICBEACH,FIORIDA3?233 ~ TELEPNO~E (904) 247.5859 Sworn Affidavit This affidavR is to declare the following described dog'dangerous'under Florida Statute 767.72 and under Atlantic Beach Animal Ordinance Sec.4-28 ~Ucious Dogs. 'IOZ.~ _v~~I C~C~ (thy) /7 ~ (state) (address) Tel. # ~~~ 3 r~/do hereby wish to have the herein described dog declared dangerous as outlined in the above statutes/ordinances. Description of dog: (breed) t/w~,t`~S a '/r/(color)~~~(sex) /~y(n~ame)Ci/I/N!~/~~ON Dog Owner.~~/l/i~ l~~(~ ~/rUl` ~/~/7A~ddress `~/-3~~ SN7~~ "~ HomeTel.#o"I %~r'7s~~ Work# sZC~"~37 Comments by co`mpl_ainanpppt: '1y~.4. Q-- c1~ n ~~' '~ ~ n-~-~'+YS `~"~v-TT ~ ~~ 1_T ©~ Y A~~ l Q~ iT C1 S ~ ~Q^« 1 R i \ ~ ~ f h E- ~l A_ •v r~ a f !' e, r i a Tr a~ -r" e K t4 ~ i H a u r ~• ~ ~ ~ `~.. ~ ~ e_+,- ~ZI\>.Z t t ?sue Z~ \ \t ~ ~...sy G+ ~ .~ -~~ ~ \ c^• <~` ~, \ 1 Q. R~.~ a.~''l- [-'T~a i a :.. ~ ~~~ "~\ r 'C'at` ~ ~~ <.~,~~ Grv•~ ~a ~'T <~~dZt'l~C Signed: )~ ~ - "L ~•`-;--"~~ ~ Date N - I - `.7 ~~'-- ~: - ~ S;~ QF LO~ri,ra. C`Q/Ni y EiF ~/AL •~. .t ~ Notary Seal .°.~^••~^ MAUREEN KING wltrless 1 , u ary u ¢, late of londa My Comm. EYD. Mar. 3I, 1998 <~<~e Co o. CC 359683 Note: Comments should include all details of incident, J.e. date~imeAocation a specifics o~iv~iat occurred. ~ ~>~ ~ ~63~- /(GS- 37-Sat:-v f%~'~se~vrrv Ex ti; b; f C l f s. 761.13 1994 SUPPLEMEN7.T.Q£l.OlliDA STATUTES 1993 CHAPTER 767 DAMAGE BY DOGS 7o7.Ot ~ owner's habArty la damages to persons. domestic animals. Or livestock. 76703 Good delense la krUrng dog 767,12 Classrtication of dogs as dangerous; eertilrca~ two of registration; notice and hearmg requirements: eaniinemenl of animal; exemption; appeals: unlawful acts. 767.73 Attack or bite by dangerous dog; penahies: confiscation; destruction, 767A1 Dog owner's Yabliity /or damages to per- sons, domestlcanimals, orlivestock.-Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal ktduded in the definitions of 'domestic animal and Yiveslotk' as provided by s. 505.01. Ktlon.-ri 7311; to qr9. 1901; CS 31~T, aGS 1997: CGl 11111; t 1, a~ a.sv 767.03 Gooddatenseforkillingdog.-Inanyaction for damages or of a uiminal p[osewtian against any person for letting or injuring a dog, satisfactory proof that said dog tad been or was killing any animal included in the definitions of 'domestic animaP and 'livestock' as provided by 5.505.01 shall Constilufe a good delense to either OI such actions. wear.-/ 1. cr..sre. l9ot, cs mu; acs 1999.OG1 m.s.. /. m rs3rs. •. 2.a 91J9 767.12 CWSSificalian of dogs as dangerous;eerGfi- cation of registration; notice and hearing requlre- menta; confinement of animal; exemption; appeals; unlawful acts.- (txa) An animal eontrd authority shall investigate reported incidents invdving any dog that may be darn gerous and shalt, it possible, Interview the owner and require a sworn affidavit from any person, including any animal eontrd officer a enforcement ollicer, desiring to have a dog classified as dangerous. My animal that is the subject of a dangerous dog investigation, that is trot impounded with the animal contrd authority, shall De humanely and safely confined by the owner in a securely lensed or enclosed area pending the outcorrte of the investigation and resolution of any hearings related to the dangerous dog Gassificatan. The address o1 where the animal resides shall be provided to the animal Con• ltd authority, tJO dog that is the subject of a dangerous dog investigation may be relocated or ownership trans- ferred pending the omcome of an investigation or any hearings related to the determination of a dangerous dog classdreatron. In the event that a dog is to be destroyed, the dog shah not be relocated or ownership transferred. (b) A dog shall not be declared dangerous it the Threat, injury, ar damage was sustained by a person vitro, at the time, was unlawfully on the property or, while Wwlully on the property, was lamenting, abusing, a assaulting the dog a its owner a a lamily member. No dog may De decared dangerous it the dog was protect ing or dclendrng a human being wrihin the immediate vrunity of ibe dog from an unjustilied aUaCk W assault. (c) After the investigation, the animal control autlwr~ ny shall make an initial determination as to whether there is suthcient cause to dassily the dog as dangerous and shall allord the owner an oppalunny for a hearmg prra to making a Lnal tlclermmation. The animal eomror authority Shall provide wullCn noldrCauon OI the sulk r,n..r tee...., ~ aye provisions of chapter 48 relating to service of pros r•ss. The owner may Lfc a written request for a hearing nnhin 7 Catandar days from the date of receipt el the rroliticalion o1 the sullicienl cause linding and, it mqucsted, the hearing shall be held as soon as possi• bk, but not more Than 21 Calendar days and no Sooner than S days after receipt of the request Irom the owner. Each aPPOCable beat governing authority shall eslabdsh hearing procedures that eonlorm to this paragraph. (d) Once a dog is elassilied as a dangerous dog, the animal contrd authority shalt provide written notification to the owner by registered mail, Certilied hand delivery a service, and the owner may file a written request for a hearing in the county court to appeal the GassiliCation within 10 business days after receipt of a written deter trhnatipn of dangerous dog classification and must eon• Irne the dog in a securely lensed or enclosed area pend• ing a resolution of the appeal, Each applicable local gov- erning authority must establish appeal procedures Thal conform to this paragraph. (2) W~lhinl4daysalteradoghasbeenGassifiedas dangerous by the animal contrd authority or a danger ous dog dassiliCation is upheld by the county court on appeal, The owner of the dog must obtain a cerlilicale at regisiralion lathe dog from the animal Control aulhor• ity serving the area in which he resides, and the cerlifi• care state be renewed annually. Animal Control authori• ties are authorized to issue such certrficates of registra- tion, and renewals IhereOl, only to persons who are at least 18 years of age and wfto.present to the animal con- Ird authority SuflicieM evidence 01: (a) A current cerliUCate of rabies vaccination for the dog. (D) A proper encbsure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both chi4 dren and adults of the presence of a dangerous dog on the property. (c) Permanent idenlilreation o/ the dog. such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for Ina issuance of certificates of registratan fequifed by This section. (3) The owner shall immediately nptily the appropri- ate animal Contrd authority when a dog that has been classified as dangerous; (a) Is Bose or unconfined. (b) Has dlten a human being or attacked another animal. (C) IS sdd, given away, d dies. '~ (d) Is moved to another address. Price to a dangerous dog being sold or given away, the owner shall prOVide the name, address, artd Ielepttone number of the new owner to the animal conird authority. The new owner must comply with all of the requirements of this act and implementing beat ordinances, even it the animal is moved horn one local jurisdiction to another within tltC state. The animal COrlird 0lticer must be rrotilred by the pvnen of a dog classified as danger- ous 1ha1 the dog is rn tits jurisdiction. f 1 (4) 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 substan- tial Chain Or leash and Undef COnlfd 018 COmpelenl per son. The muzzle must be made in a manner That volt not cause injury to the dog or interfere wiffi its vision a res~ piration but will prevent it from biting any person a ono- mat, The owner may exercise IfK+ dog 1r1 a securely fenced a enclosed area That does not have a top. whh• out a muzzle or leash, it the dog remains within his sight and only members of his immediate househdd a per- sons 18 years of age a older are allowed in the encto• sure when the dog is present. When being transported. such dogs must be solely and securely restrained within a vehiGe. (5) Hunting dogs are exempt Irom the provisions of this act when engaged in any legal hunt a training pro cedure. Dogs engaged in training a exhibiting in legal sports such as obedience trials, eonlamation shows. field trials, hunting/retrieving trials, and herding Trials are exempt from the provisions of This act when engaged rn any legal procedures. However, such dogs at all other times in atl other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall rwt be used la hunting purposes. (6) This section does not apply to dogs used by law enlacement officials for law enlacement work. (7) My person who violates any provision of this section is guitly of a nonuimrnal inlractioh, punrsrable by a fine not exceeding $500, WHOry.-r.1 tJ\90-reD. s. ]. rn.9]-q a ].rn W179 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.- (1) If a dog that has previously been declared dan• g¢rou5 attacks a bites a person a a domestic animal without provocation, the owner is guilty of a misde• meanor of the first degree, punishable as provided in s 775.062 a s. 715.083. In addition. the dangerous dog shall be immediately conliswled by an animal eontrd authority, placed in quarantine, it necessary, t« the proper length of lime, a impounded and held la 10 business days alter the owner is given written notdrea~ lion under s. 767.12, and Iherealler destroyed in an expeditious and humane manner. This 10-day I+me period shall allow the Owner to request a hearing Under s. 767.12. The owner shall be responsible for payment of atl boarding costs and other lees as maybe required to humanely and safely keep the animal during any appeal procedure. (2) 11 a dog that has not been declared dangerous attacks and causes severe injury to or death o1 any human, the dog shall be immediately conl~scated by an animal control author+ty, placed in quarantine, it neces~ nary, for the proper length of Ume a herd la 10 bumness days after the owner is given written nol+IrCation under s. 767.12, and thereafer destroyed in an exped+hous and humane manner. This 10-day Irene period shall allow • the owner to request a hearing under s. 767.72. Tne owner shalt be responsble for payment of all boarding eosis and other tees as may be required to humanely + and safely keep the anmal during any appeal proce• dure.ln addition, rl the owner of the dog had prior know4 etlge of the dog's dangerous propensities, yet demon- svaled areckless disregard la such propensities under th0 CrrCUmslance2, the Owner OI the dog i5 guitly Ot a misdemeanor of the second degree, punishable as pro vrtled in s. 775.1)82 or s. 775.083. (3) tl a dog that has previously been declared darn gerous attacks and causes severe injury to a death of any human. Inc owner i5 gwlly Of a felony Of the Third degree, punishable as provided in s. 775.082, s. 775.063, a s. 775.084. In addition, the dog shall be rmmetlialely confiscated by an animal control authority, prated rn quarantine, it necessary, for the proper length of time or held Ia 10 business days alter the owner is green wrnten rwtrlication under 5.767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day Irme period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible la payment of all boarding costs and other lees as may Ge required to humanely and safely keep the animal dur• rt+g any appeal procedure. (4) It Ine owner tiles a written appeal under s. 767.12 or tors section. the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged rn a attempting to engage in a criminal activity at the t+me o1 the attack, the owner is not guitly of any crime specdied under this section. Mnary.-f r.rn W-r60.a ~.m 9]-11a ~. d. 9r-]]9 P', CHAPTER 767 DAMAGE DY DOGS 7.01 Oog owner's liability for damages to persons or domestic animals. 7.02 Sheep-killing dogs not to roam about. 7,03 Good defense for killing dog. 7.04 Oog owner's liability for damages to persons bitten. 7.tx5 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle. 7.07 interpretation. 7.10 Legislative findings. 7.11 Definitions. 7.12 gassification of dogs as dangerous; cerlitica- tion olregistration: notice requirements; con- finement of animal; exemption; appeals; unlawlul acts. 7.13 Attack or bite by dangerous dog: penalties; confiscation; destruction. 7.14 Additional local restrictions authorized. 7.15 Other provisions of chapter 767 not super- seded. 7.16 Bite by a police or service dog; exemption from ~ quarantine. 167.01 Oog owner's liability !or damages to per- ns or domestic animals,-Owners of dogs shall be ole for any damage done by their dogs to sheep or ter domestic animals or livestock, or to oersons_ story.-rt5 Drt:Or. X979, t90t: GS 7t« RGS <9sr-fit. 70<<. 767.02 Sheep-killing dogs not to roam about.-Il is lawful for any dog known to have killed sheep to roam out over the Country unattended by a keeper, Any ch dog found roaming over the country unattended a0 t7e deemed arun-about dog, and i! is lawful to kill ch dog. >1+tory.-e. I, U,.185, t893; GS J,<3: RGS <958; Od. 70e5. 767.03 Good defense forkillingdog.-!n anyaclion - damages or of a criminal prosecution against any rson for killing or injuring a dog, satisfactory proof that id dog had been or was killing cattle or sheep shall nstitute a good defense to either of such actions. tstary.-s. t, Ur. <9)9. 1901; GS 31«: PG$ <959; CGL 70x6, s t, cn, 79a,5 when he is on such property upon invitation, expressed or implied, of the owner. However, the owner is not lia- ble, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, ii al the lime of any such injury the owner had displayed in a prominent place on his premises a sign easily readable including the words 'Bad Oog' The remedy provided by this section is in addition to and cumulative with any other remedy pro- vided by statute or common law. History.-.. t. cn. ~s,o9. t9<9::. t. gyn. 9s-t3. 767.05 Oog owner's liability for damages by dog that kills, wounds, or harasses dairycattle.-An owner or keeper of any dog that kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of such dairy cattle for all damages dong by such dog: and it is not necessary to prove notice to or knowl- edge by any such owner or keeper of such dcg that the dog was mischievous or disposed to kill or worry any dairy cattle. H+s,ory.-:. Z, a,. 79a,s. s..62. cn. e,-zs9. 767.07 Interpretation.-Section 767.05 is•supple- mental to alt other taws relating -lo dogs not expressly referred to therein and shall not be Construed to modify, repeal, or in any way ailect any part or provisior2 of any such taws not expressly repeated therein or to prevent muniapalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. History.-s. 2, dr. 79-Its. 767.10 Legislative findings.-The Legislature finds hat dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the peo• pie o! this stale because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing taws inadequately address this growing prob- lem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. Hiflory.-t. t, d,. 90-180. 767.04 Dog owner's liability for damages to pet- 767.11 Definitions.-As used in this act, unless the ns bitten.-The owner of any dog that bites any per• ontexl Dearly requires otherwise: .. n while such person is on or in a public place, or law• ~(1) 'Dangerous dog' means any dog that according lyon or in a private place, including the property of the (bathe records of the appropriate authority: ~netpl the dog, is liable for damages suflered by per• (a) Has aggressively bitten, attacked, or endan- n- ten, regardtess.of the former viciousness of the gored or has inllicled severe injury on a human being on g or the owners' knowledge of such viciousness. public or private property; 7wever, any negligence on the part o1 the person bit- (b) Has more than once severely injured or killed a n that is a proximate cause of the biting incident domestic animal while oft the owner's property; cruces the liability of the owner of the dog by the per- (c) Has been used primarily or in part for llte pur- ntage Iha1 the bitten person's negligence contributed pose of dog fighting or is a dog trained for dog 1~ghttng; the bitino incident. A person is ia,alully upon private or OOpnv nl <rv-h n.....,.. ,.6,t.:.. u.n ...nen:nn nl thic on, lrit H?c when nnnrnvnkPri ('.haSPd Of annroaehed +~;latemenl by one or more persons and dulilully +eshgated by the appropriate authority. (2) 'Unprovoked' means that the victim who has en conducting himsell peacelully and lawfully has en bitten or chased in a menacing fashion or attacked a dog. .3) Severe injury' means any physical injury that :ulls in broken bones, multiple bites, or disliguring lac• uions requiring sutures or reconstructive surgery. 4) 'Proper enclosure of a dangerous dog' means, .ile on the owner's property, a dangerous dog is surely confined indoors or in a securely enclosed and ked pen or structure, suitable !o prevent the entry o1 rng children and designed to prevent the animal from moping. Such pen or structure shall have secure sides i a secure top to prevent the dog from escaping over, ter, or through the structure and shall also provide 4ection from the elements. 5) 'Animal control authority' means an entity acting ne a in concer! with other local governmental units f authorized by them to enforce the animal control s o1 the city, county, or state. In those areas not ved by an animal control authority, the sheriil shall ry out the duties of the animal control authority under act. 5)~,,;~Animal control officer' means any individual dl d, contracted with, or appointed by.the animal tra authority for the purpose of aiding in the enforce- ~t of itils act or any other law or ordinance relating to licertsure of animals, control of animals, or seizure ' impoundment of animals and includes any stale or tl law enforcement offx~r or other employee whose ies in whole or in part include assignments that i'Ive the seizure and impoundment of any animal. r) 'Owner' means any person, firm, corporation, or anization possessing, harboring, keeping, or having trot or custody of an animal or, if the animal is owned a person under the age of 18, that person's parent guardian. ruy.-t. 2 M. 96-180. L Y, M. 9}13. lion of his appeal. Each applicable local governing authority must establish appeal procedures that corn form to this paragraph. (2) Within 30 days after a dog has been classified as angerous, the owner of the dog must obtain a certifi- cate o! registration for the dog from the animal control authority serving the area in which he resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least t8 years of age and who present to the ani• mat control authority suflicient evidence oi: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign al all entry points that informs troth chirdren and adults of the presence o1 a dangerous dog on the properly. (c) Permanenf identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual tee for the issuance of certificates of registration required by this section. (3) The owner shalt immediately notify the appropri- ate animal control authority when-a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. - (d) 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 the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must 57,12 Classification ofdogs asdangerous; certifi- be notified by the owner of a dog classified as danger- on of registration; notice requirements; confine- ous that the dog is in his jurisdiction. tt of animal; exemption; appeals; unlawful acts.- ~(4) It is unlawful for the owner of a dangerous dog j(aj An animal control authority shall invesl;gale to permit the dog to be outside a proper enclosure xted incidents involving any dog that may be clan- unless the dog is muzzled and restrained by a substan• ws and shall interview the owner and require a fiat chain or leash and under control 01 a competent per• rn affidavit lrom any person, including any animal son. The muzzle must be made in a manner that will not Ira ollicer or enforcement ollicer, desiring to have a cause injury to the dog or interfere with its vision or res• classified asdangerous. Alter the investigation, the piration but will prevent it from biting any person or ani• •tal control autt~orily shall determine ii a dog is to be mat. The owner may exercise the dog in a securely sil~ as dangerous and shall immediatey~ provide fenced or enclosed area that does not have a top, with- ter )fifiCalion by registered mail or Certified hand out a muzzle or leash, it the dog remains within his sight rery to the owner of a dog that has been classified and only members of his immediate household or per- langerous. Adog shall not be declared dangerous sons 18 years of age or older are allowed in the enclo- e threat, injury, or damage was sustained by a per- sure when the dog is present. th'hen being transported, who, at the time, was unlawlully on the property or, such dogs must be solely and securely restrained within e tav4uuy on the properly, was tormenting, abusing, a vehicle. ssautting the dog or its owner. {S) Hunting dogs are exempt from the provisions of ,1 Theo~•+ner may lei a written reouesl for a heanno Ihis act ~+•hen engaged in any legal huN or training pro• F .1993 UNM/aUC O 1 a.vu~ exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and lo~l laws. Oogs that have been dassitied as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. raal«y.-s. 3, cn, sa-feo; :.3, m. s3-fa 767.13 Attack or bite by dangerous dog; penalties; onfiscation; destruction.- ~ ~1) !f a dog that has"previousty been dedared'dan- erous attad<s or bites a person or a domestic animal without provocation, the owner is guilty of a misde- meanor of the first degree, punishable as provided in s. 775.082 or s. 775.1)83. In addition, the dangerous dog shall be immediately confiscated ty an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notifica- tion under s. 767.12, and thereafter destroyed in an s~peditious and humane manner. This 10-day time oc i shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shall be responsible for pay- ment of all boarding costs and other fees as may be •equired to humanely and safely keep•the animal during any appeal procedure. = (2)~!If a dog tha! has no! been dedared dangerous ~ ~ttadcs and causes severe injury to or death of any human, and the owner of the dog had prior knowledge ~f the dog's dangerous propensities yet demonstrated a reckless disregard of such propensities under the da ~rmstances, the owner of the dog is guilty of a misde- neanor of the second degree, punishable as provided n s. 775.1)82 or s. 775.083. !n addition, the dog shat! be mmediately confiscated by an animal control authority, placed in quarantine, if necessary, !or the proper length N time or held for 10 business days after the owner is liven written notification under s. 767.12, and thereafter ieslroyed in an expeditious and humane manner. This 10-day time period shalt allow the owner to request a fearing under s. 767.12(1)(b). The owner shall be esponsible (or payment of all boarding costs and other ees as may be required to humanely and solely keep he animal during any appeal procedure. (3) I1 a dog that has previously been declared dan- gerous 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 s. 775.082, s. 775.Oi33, or s. 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of lime or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12(1)(b). The owner shall be responsible for payment of all boarding costs and other tees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner tiles a written appeal under s. 767.12(1)(b), the dog must be held and may not be destroyed while the appeal is pending. (5) II 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 spedfied under this section. Hiafory.-s. ~. tit 90-180::. ~. M. 93-f0. 767.14 Additional local restrictions authorized.- Nothing in this act shall limit any local government from plating further restrictions or addilionat requirements on owners of dangerous dogs or develonino procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations ar requirements. This section shall not apply to any local ordinance adopted prior io October 1, 1990. Nlalory.-i. 5, aT.90-180. 767.15 Other provisions of chapter 767 not super- seded.-Nothing in this act shall supersede chapter 767, Florida Statutes 1989. wafory.-a. s. cn. yo-feo. 767.16 Bite by a police or service dog; exemption from quarantine.-Any dog that is owned, or the service 01 which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine require- ment following such bile if the dog has a current rabies vaccination that was administered by a licensed veteri- narian. Hiafory.-a 1. cn. 91-I28. f