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1996 Dangerous Dog Misc. Documentst0: Jule Kaufmann CG: frOM:BeeJay Lester, ACO re: Dangerous Dog letter date: Jan. 2, 1996 I. Jule Kaufmann, have received and read the above dated --- letter notifying me that my dog is being under investigation as being classified as dangerous per the statutes and ordinances mentioned. I hereby agree to all terms of this letter. Time signed: 4� r �oe desk of._ atlantic Bud Police Department 850 Seminole Road Atlantic Beach, Florida 32233 (904) 249.4-29 Fax (904) 249.1566 CITY OF Sworn Affidavit ATLANTIC BEACH POLICE DEPT. 850 SBIINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE (904) 247-5859 This affidavit is to declare the following described dog dangerous"under Florida Statute 767.12 and under Atlantic Beach Animal Ordinance Sec. 4-28 Vicious Dogs. 1, Ge7 T'-r'y T>. C H (P 0 I .S 91 (address) 7 I BC - A zH AJe 1 o J (City) ATc-A f'r` c- Q CH (state) F(- . J I Z 3 Tel. 1 Y , do hereby wish to have the herein described dog,SBeclared dangerous as outlined in the above statutes/ordinances. -rA P €' Description of dog:Xbreed) GO \—k (color) 0 0cv (sex) (name) Dog Owner:-"", L5 CCHA,1M) K-4,Fr4Afjrj Address J(co v Tr* sr-. ATS-, lacy r-<-. JL" -3-2 Home Tel. # 2 Y 5- S f-) ( Work # Comments by complainant: -,EF f 1---(-A cr4 E) Signed:, Date -, yet yd —et Witness ,Not?ry Sear Cii1 vz Note: Comments should include all details of incident, i.e. date.4imeAocation and details of what occurred. WIT\ESSES: Charles and Sally Vermijli-Qn- 204 Lauren and Dixie Arn #104; 70177 Beach_ -Ave. AT1. Bch, FL Dave Miller 241-6758, Ant, 3�East Coast Drive, Atlantic Beach - On Wednesday,,December 27, 1995; I was: walking mSr 9 3/4 lb miniature schnauzer on the beach shortly after 7:00 A.M. I ' heard a man yelling at the top of, his lungs, and looked up to, see_" what his problem was, : ,and'3saw--that he was yelling'at his v. dogs.to come back to him. (The manwas,%approximaaely four blocks south of me.)_ They were racing towards me.' I picked up my dog and the two dogs attacked. us. They were up on their hind.legs_,all over'me, trying, _to get my dog.­They bit me on both arms, and bit my dog on her�paw. I was screaming repeatedly, as loudly.as.I could. When the man caught up=with us, he had'to pull the dogs off"me,.one at a time:,and attach their leashes. After-the dogs were_leashed,.-the man started to heave the r beach, going up the Seventh,,Street access I<asked*him his name,-and-he ignored me. I screamed-over and: over, ' "What-, is,s your name? Please tell me your name'. dogs-, bit me:I'm -bleeding''.', and he:kept'.walking up the ramp, never responding: I .finally screamed for him to at least tell me if his`dogs had' been• vaccinated and.. he replied,.. "Yes, .they. have.":; Ile kept ori walking up the ramp, and never; responded further . to: me.,- _ One of my :neighbors-,, Lauren Arn,' (Unit 104), came-down 'the ramp-,toward' .the man, and- I yelled at-- Lauren =to, stop; him that his- dogs-: had bitten me and I was bleeding, and he. wouldn't _ _ tell ine-his name:. About that time, another-neighbor, Charlie._. Vermillion` (Unit 204);' came out,- and`..asked---the man-what his na,was. He finally said his name; was Champ Kaufmann One of., my- neighbors called 911 for-- the-4.rescue unit and: police,- Charlie Vermillion;,. followed the man home, in. his car, to •make sure he had given,:th*6 right address ' The rescue:` unit came and boiled.-out-'my.,wounds with, peroxide and wrapped them. in bandages, and t;old-< me 'to go to Ahe eaergency' room' at. Beaches Baptist Hospital-for further treatment Lharlie:'Vermillion took- me, to. the: emergency <room and his..wife Sally, :'took my: dog to-Beaches 'Animal Clinic At the, emergency. room,-: I ` had . three , - t stitches` on he - inside of my right arm. There was also a puncture..wound on my left elbow that did not require stitches. There was also"a huge bruise on the inside.of:"uy-left..elbow'caused...by a. bite that . did not go through-: my clothes.- 'I was given `a tetenus shot, a prescription-for an antibiotic$ and,; told .to return.within 48 hours for-a check-up. (I did-return:on.Friday, and was told. to return in six days to have the stitches removed.) It should be noted thatthe day:.of the.incident-was a.very cold day. I had on a T-shirt, sweat shirt and sweat pants, and a full-length-all.-weather coat. I had on a hat, a scarf around my neck;-and gloves. If it:-were_ not for.that protective clothing, there is no doubt that my wounds would have been much-more severe. My dog had.a puncture wound on''her-aw. The vet gave front p CITY OF ATLANTIC BEACH POLICE DEPT. 850 SMNOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE (904) 247-5859 Sworn Affidavit This affidavit is to declare the following described dog "dangerous"under Florida Statute 767.12 and under Atlantic Beach Animal Ordinance Sec. 4-28 Vicious Dogs. of (address) {70I 6C Qi_tl -fZO _(city) Qr4t (state) FL 32---)33 Tel. # I _ ��� , do hereby wish to have the herein described dog declared dangerous as outlined in the above statutes/ordinances. Description of dog: (breed) Ply B U I (color) h I t (sex) (name) Dog OwneQ-1 10 i' t� a U�IYIQ� 1 Address 1(� c�� i S 1 ee� 7 Home Tel. # Work # 7 Comments by complainant: 04 Signed: DatAe o2 Witness Notary Seal Note: Comments should include all details of incident, i.e. dateAime/location and details of what occurred. r pyo Fred Butler < o % Notary Public, State of Florida (4 < ; Carnmission No. CC 439852 Conuta:sion Expires 04/08/99 < 1,1100.3 14Mo y service R Bon" Go. ..• w, �»»�» »»�»»5v TO: ATLANTIC BEACH POLICE DEPT. FROM: SALLY H. VERMILLION DATE: JANUARY 2, 1996 SUBJECT: COMMENTS TO ACCOMPANY SWORN AFFIDAVIT REGARDING VICIOUS DOG ATTACK ON BETTY CHINNIS, WEDNESDAY, DECEMBER 27,1995. My husband and I were awakened by the screams for help from someone on Atlantic Beach at approximately 7:30 A.M. on Wednesday, December 27, 1995. I told my husband that it sounded like someone was in trouble.. his reply was that he -hoped it was not the two pit bull dogs that had been seen running on the beach on other days. -I looked out the bedroom window (which is -on the south end of Le Chateau Condominium & overlooks the 7th Street access & part of the beach). I could see a person struggling to hold up something and two large dogs jumping at the person. I told my husband that someone was being attacked and while he ran onto the balcony I called the Atlantic Beach Police Dept. for help ... they said help was on the way due to another call. I went on the balconey with my husband and daughter, Allison,.and witnessed the following:. Betty Chinnis was following a man who was striicgling to control 2 large pit bull dogs. She was screaming at him and pleading with him to give his name...she finally begged the guy to at least tell -her if the dogs had had shots so she would know what to do about herself because she was bleedfing through her coat from where the dogs had bitten her. I never heard the man respond to her. He was in a hurry to get up the street. Another nsighbor, Lauren Arn, was outside and witnessed the incident. I have seen these same dogs running unleashed (owner with leashes in hand well behind the dogs) on other days. December 25, 1995, Christmas morning, I saw them running unleashed and attempted to follow the man with the dogs (after he leashed them & walked up the 7th Street access). Unfortunately, by the time I got my car out of the garage and cruised the area, he had disappeared. I wanted to document this & reportto B.J. of Animal Control...I have been told that the best way to get action is to document & find out where the animals live. I did not report this because I did not know where to tell her to look for the animals. CITY OF ATLANTIC BEACH POLICE DEPT. 85o SEWNOLE ROAD -- ATL.AI\' nC BEACH, FLORIDA 32233 TELEPHONE (904) 247-5839 Sworn Affidavit This affidavit is to declare the following described dog "dangerous"under Florida Statute 767.12 and under Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dogs. I of i'�1•fi /4 u G � �/' �� (d►tY) �r/�s�di � /SGS?6` (state)' • (address) 7 do hereby wish to have the herein described dog declared dangerous as outlined in the above "statutes/ordinances. Description of dog: (breed)(color) � (sex) ? (name) T � � v � Address Dog Owner: , - A'' Home Tel. # Work # Comments by complainant: �If r Signed: Notary Seal Witness I e Date Note: Comments should include all details of incident, i.e. date/timeAocation and details of what occurred. rPY roof PFred Bullet ; a Ntti�ty State of Florida ^� C. ;,unission No. CC 439962 A/ *fFof �p� �,iycot,sion Expires 04/08/99 1•YOG?•NQYAAY ` Pla, Novy $cMa R Bonding C.o• > :LANTIC BEACH POLICE DEPT. CHARLES E. VERMILLION JANUARY 2, 1996 COMMENTS TO ACCOMPANY SWORN AFFIDAVIT REGARDING VICIOUS DOG ATTACK ON BETTY CHINNIS, WEDNESDAY, DECEMBER 27, 1995. ,as awakened by a woman's screams for help at approximately 7:30A.M. .Wednesday, December 27, 1995. The woman, Betty Chinnis, was on clantic Beach in front of the 7th Street access. I live in Le 2hateau Condominium #204. Betty was yelling at a man who was struggling to control two large pit bull dogs as they approached the access road. Betty was screaming that the dogs had bitten her... she was bleeding... she asked the man who he was and where he lived. The man ignored her—she asked him to at least tell her if the -.dogs had been vaccinated. I followed the man & his two dogs in my van to find out where he lived so that I could report this information to the police, who had been called by my wife. The man stopped along the way...I approached him (while still in my van) and told him that I was following him and wanted to know.where he lived. He gave his name and address as _Champ Kauffman, 316 Sixth Street. He further stated that he did not -own the two dogs. He said that he was keeping them for someone who lived in Jax. Beach. The police arrived at that time and I left. I have seen these dogs running freely (unleashed) on the beach before this day. As a matter of fact, the previous week, I encountered the same man and the same two dogs (on leashes) at 7th Street & Beach Ave. while walking my own dog, a small cairn terrier. When the two dogs sal, my dog, they became almost uncontrolable and the man had a very difficult time trying to restrain them. I told my wife, Sally, of the incident and cautioned her to be aware that those dogs were being walked in the area, and she should be on the alert whenever walking our dog by herself. CITY OF ATLANTIC BEACH POLICE DEPT. _ 850 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 .X\ TELEPHONE (904) 247-5859 Sworn Affidavit This affidavit is to declare the following described dog "dangerous"under Florida Statute 767.12 and under Atlantic Beach Animal Ordin;�an�ce Sec. 4-28 "Vi us Dogs of i t (address) % ��.-� (city) T� /�'►4i 1 C � C.� (state) �L-- Tel. # r�2�j ���do hereby wish to have the herein described dog declared dangerous as outlined in the above statutes/ordinances. Description of dog: (breed) f 16 N t -L (color) (sex) (name) Dog Owner: Address Home Tel. # Comments by Work # ---:1 310�qpd Signed:,V�-•-�hli�1 / - Date Witness (`Notary Sealy '9t Note: Comments should include all details of incident, i.e. date/fimellocation and details of what occurred. TO WHOM IT MAY CONCERN: Colonel Lauren A. Arn USA (Ret.) 701 Beach Avenue # 104 Atlantic Beach, Florida 32233 ( 904) 247 -9271 SUBJECT: DOG BITE INCIDENT OF BETTY CHINNIS December 27, 1995 1. Shortly after 7: 00 AM I was puttiing on my jogging shoes on a sitting stool outside of the front door of our Condiminium Unit 104 at the Le Chateau, 701 Beach Avenue, Atlantic Beach, Florida 32233. Betty Chinnis had just left the front door of Unit 103, adjacent to Unit 104 with her small dog going out the gate of the fence around the Chateau to the ocean access, speaking to me as she passed. 2. I then put on my heavy woolen cap which comes down over my ears and my heavy winter gloves and proceeded thru the gate to the ocean access to walk down to the ocean beach for my morning walking and jogging. As I was approaching the beach sand at the end of the access I met a man hurriedly walking with two large dogs holding them either by the collar or on a leach close to him. As I looked up I saw Betty Chinnis walking up to the access emotionally saying that she had been bitten by the dogs. 3. Seeing that Betty Chinnis was on her feet I decided to follow the man with the two dogs up the access to try to stop him. I told him several times in a loud voice to STOP. The dogs looked like they were ready to leap and attack me. He was very arrogant and said he had to go to work. would not give me his specific address but said he lived on Sixth Street. He did not look back to Betty Chinnis or make any effort to communicate with her. When he would not stop after asking him more than once, I told him I was calling the Police. He proceeded to walk even faster West on Seventh Street West. 4. I ran inside our condominium and asked my wife, Dixie, in the kitchen to call 911 telling her that Betty Chinnis had been bitten by dogs. She told them briefly about the incident. Then I closed the brief conversati asking them to come to the Chateau immediately. I told the lady who answered that the man with the two dogs was walking hurriedly with the dogs on Seventh Street, telling me he lived on Sixth Street and would not stop. 5. As I went outside Betty Chinnis was talking with Sally Vermillion. She said the dog or dogs had bitten her arms clear thru her coat. She did not know whether one or two dogs had bitten her. I told her to go inside her condominium and that the rescue squad would be forthcoming. Sally Vermillion accompanied her inside. 6. The emergency group of two vehicles and four men came within about five minutes and went directly inside Unit 103 with Sally Vermillion. A few minutes later a Policeman or perhaps another member of the emergency unit came. I directed him to Unit 103 and asked him to go inside the unit wsth the other members ofthe unit. 7. I remained outside in the parking lot and asked Sally Vermillion who came out a few minutes later if they the emergency unit was taking Betty Chinnis to the Hospital. 2. /had hile in the Parking Lot Charlie Vermillion arrived in his vehicle. He left to pursue the man with the dogs. He told me the police caught up him. They got one dog and the other escaped and run to the home of man. As I understood one dog belonged to another person. 9. As Dixie and I left our unit about 9:30 AM we knocked on the door of Unit 103. Mrs. Denny, Betty Chinnis's Mother, said Betty was at the Hospital and she had just called Charlie Vermillion to pick her up. We told her we would be back later in the morning if they needed us. 10. I walk and jog on the beach most week -day mornings at daybreak. Usually I walk North toward Hanna Park. On Monday of this week I had walked South on the beach toward the Sea Turtle which is the route Betty Chinnis usually takes. As -I was about half way to the Sea Turtle two large dogs came running toward me. It was not yet full daylight but I noted they were light in color. I was not sure if this was the same man with the two dogs that I saw this morning. I hollered at the man who appeared to be with the dogs some distance away on the beach. The dogs returned to him without attacking me. I don't recall seeing him out there before on the beach. -44 1Au- �, fAk 06 vs�r, MEMORANDUM FOR ATLANTIC BEACH CITY COUNCIL ------------------------------------------ January 8, 1996 Re: Animal Control On Wednesday, December 27, 1995, I was walking my 9 3/4 lb miniature schnauzer on the beach shortly after 7:00 A.M. I heard a man yelling at the top of his lungs, and looked up to see what his problem was, and saw that he was yelling at. his dogs to come back to hi.m. (The man was approximately four blocks south of me.) They were racing towards me. I picked up my dog and the two dogs attacked us. They were up on their hind legs all over me, trying to get my dog. They bit me ()n both arms, and bit my dog on her paw. I was screaming repeatedly, as loudly as I could. When the man caught up with us, he had to pull the ;jogs off me, one at a time and attach their leashes. After, the dogs were leashed, the man started to leave the beach, going tap the Seventh Street access. I asked him his riame, and he ignored me. I screamed over and over, "What is your name? Please tell me your namel four dogs bit. me. I'm eE:ilin � ", and lie kept: iJall�ing tip the ramp, nc--N'er r•espondirig. I finally screamed for him to at least tell me if his dogs had been vaccinated and lie replied, "Yes, they have." He kept:on walking up the ramp, and never responded further to me. One o1m.> neighbors, I.,auren Arn, (Unit 1041, came down the rami.-, toward the man, and I yelled at Lauren to stop him - that his dogs had bitten me and I was bleeding, and he wouldn't tell me his name. About that time, another neighbor, Charlie Vermillion (Unit 204), came out, and asked the man what his name Was. He finally said his name was Champ Kaufmann. Orte of my neighbors called 911 for the rescue unit and police. Charlie Vermillion followed the man home in his car, to make sure he had given the right address. The rescue unit came and ho-iled otit my wounds with peroxide and wrapped them in handages, and told me to go to the emergency room at. Bea( --hes Baptist 1-lospital for further treatment. Charlie Vermin ion Look me to the emergency room and his wife Sally, took my dog tci Beaches; Animal Clinic. t the me t genr,y r•ooni, 1 had three stitches on the inside of :us ri. ht arm. There taas also a punctui°(: mound on my 1ef't:. r,11)01,; that did not recli.ii.re stitches. "'here was also a huge kirui.s: on the inside of my left. elbow caused by a bite that. iiid 1.101. t O thl-Oligh "IN' C'tothes. I ida55 given a tetenLis shot, a presc:riptic>n for an antibiotic, and told to return within 18 hotir-s for a check -tip. (I did return on Friday, and was told t.c, r :�tur•r) in sig_ days to have the stitches removed.) It should be noted that the dai7 of the incident was a very cold day. I had on a T-shirt, sweat shirt and sweat pants, and a full-length all-weather coat. I had ori a hat, a scarf around my neck, and gloves. If it were not for that protective clothing, there is no doubt that my wounds would have been much more severe. i`ly dog had a puncture wound on her front paw. The vet; gave her a shot and ointment that has to be applied twice daily. He told Sally that if I hadn't Picked heir up, the dogs would have killed her. That same day, BeeJay Lester, Atlantic Beach, Animal Ccntro.i Officer, visited my home to tell me that the two dogs were under ten days quarantine at Shoreline Veterinarian. She said she had cited the owner $27.00 because of the bite and the fact that one of the dogs did not have a City of Atlantic Beach tag. She said she was unable to cite the owner for -1ett:inz the dogs off the leash, as she nor a police officer had "Fi t.liessed i t . She also; said one of the dogs had previOUSIV jot loose and she had kept it in jail and the owner ltad to pay to get. it out. Miss LEster explained the procedure for petitioning to have the +:cogs declared "dangerous" under Florida Statute 787.12 and under- Atlantic Beach Animal Ordinance Sec. 4-28 "Vicious Dog ". She said she would start the paperraorli necessary to do So. 3he -i.lso told me that the owner of the dogs was recpiired t.(-) pa.v ally medical and vet expenses associlated with the attack. Shr> told me to cal.] Gail. l'ut_ker, a Heal t_lh Officer at: Rahies Control for, the State of Florida to pursue having t.hr dogs eutliarxi zed, I dial so, and i,'as told I would Have to go to the State Attorneys office at the Duval County Courthouse, and file suit-, in civil corm:. She said in the twelve years she had worked for Rabies Control, she could recall three instances, only, when the judge ruled that the dog in question had to be eut:.hali i zed. On January 2, Miss Lester came to my house with the "dangerous dog" affidavit: forms. That. same day, Lauren .ern, Charlie Vermillion, Sally Vermillion, and I filed the sworn affadavits at the Atlantic Beach Police Department. BeeJay sent a letter dated J,ini_rary z, to the owner advising him of the aff'adavi.ts and that he had seven calendar days in which to appeal. An appeal 11OU-ld result in a hearing before the Code Enforcen;ent Board. This morning, BeeJay Lester telephoned to .let me know that the female dog, attacked another dog while quarantined at. Shore.lines— At:the vet's recommendation, the owner had her prat to sleep. `t'he owner told BeeJay that, the other dog: is now �,teurc_cl inside an apartment, in Jacksonville Beach. She will. vc: ri t'y with t.h( Jax Beach Animal. Control Ui't'icer, Mr. trade, Lhat, ;a J<::; Beach tag has 1,t::en oht.a .nc-,d . On December 30, I sent the owner copies of vet and prescription bills totalling $66.09, requesting reimbursement. In my letter I said I would forward the doctor and hospital bills when I received them. I have not yet received acknowledgement of my letter. My letter was sent to the owner's address as shown on the police report, which I understand is his parents' home. I do not know the address of the apartment, in Jacksonville Beach. Miss Lester would not give it to me. My questions concerning animal control in Atlantic Beach follow: 1. According to Miss Lester, a citation cannot be issued an owner for allowing a dog to run loose unless this is witnessed by her or a police officer. If this is correct., is this adequate enforcement:? Why can't eye -witness accounts from two or more Atlantic Beach citizens suffice? . Is the i= �." fine currently .levied with the citation sufficient? $25.00 for an attack resulting in bites to another dog and a human being is insufficient to serve as a deterrent, in my opinion. 3. Should the City of Atlantic Beach have the authority to have a dog that attacks and bites or mauls a humin being euth ani Led? I think it should. T appreciate the Council's willingness to }dear my story: arn.i a] I oui ng me the opportunity to expPess my concerns. Bet.t.y f)endy Chinni s 701 Beach Avenue, Unit 103 Atlantic Beach, Florida 3223:3 CHAPTER 767 DAMAGE BY DOGS 767.01 Dog owner's liability for damages to persons or domestic animals. 767.02 Sheep -killing dogs not to roam about. 767.03 Good defense for killing dog. 767.04 Dog owner's liability for damages to persons bitten. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle. 767.07 Interpretation. 767.10 Legislative findings. 767.11 Definitions. 767.12 Classification of dogs as dangerous; certifica- tion of registration; notice requirements; con- finement of animal; exemption; appeals; unlawful acts. 767.13 Attack or bite by dangerous dog; penalties; confiscation-, destruction. 767.14 Additional local restrictions authorized. 767.15 Other provisions of chapter 767 not super- seded. 767.16 Bite by a police or service dog; exemption from quarantine. 767.01 Dog owner's liability for damages to per - ons or domestic animals.—Owners of dogs shall be liable for any damage done by their dogs to sheep or other domestic animals or livestock, or to Qersons_ History.—RS 2341: ch. 4979, 1901; GS 3142; RGS 4957; CGL 7044. 767.02 Sheep-ki(ling dogs not to roam about.—It is unlawful for any dog known to have killed sheep to roam about over the country unattended by a keeper. Any such dog found roaming over the country unattended shall be deemed a run -about dog, and it is lawful to kill such dog. H(story,—s. 1, ch. 4185, 1893: GS 3143; RGS 4958: CGL 7045. 767.03 Good defense for killing dog.—In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing cattle or sheep shall constitute a good defense to either of such actions. History.—s. 1, ch. 4978, 1901; GS 3144; RGS 4959: CGL 7046; s. 1, ch. 79-315. t767.04 Dog owner's liability for damages to per - ons bitten.—The owner of any dog that bites any per- son while such person is on or in a public place, or law- fully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by per- sons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bit- ten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the per- centage that the bitten person's negligence contributed to the biting incident. A person is tawfully upon private property of such owner within the meaning of this act when he is on such property in the performance of any 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, if at the time of any such injury the owner had displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy pro- vided by statute or common law. History.—s. 1, ch. 25109, 1949: s. 1, ch. 93-13. 767.05 Dog owner's liability for damages by dog that kills, wounds, or harasses dairy cattle.—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 done by such dog; and it is not necessary to prove notice to or knowl- edge by any such owner or keeper of such dog that the dog was mischievous or disposed to kill or worry any dairy cattle. History.—s. 2, ch. 79-315: s. 482, ch. 81-259. 767.07 Interpretation.—Section 767.05 is supple- mental to all other laws relating to dogs not expressly referred to therein and shall not be construed to modify, repeal, or in any way affect any part or provision of any such laws not expressly repealed therein or to prevent municipalities 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, ch. 79-315. f767.10 Legislative findings.—The Legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the peo- ple of this state 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 laws inadequately address this growing prob- lem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. History.—s. 1, ch. 90-180- 767.11 Definitions.—As used in this act, unless the fo ntext clearly requires otherwise: 1) "Dangerous dog" means any dog that according the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endan- gered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the pur- pose of dog fighting or is a dog trained for dog fighting; or (d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public ;worn statement by one or more persons and dutifully nvestigated by the appropriate authority. (2) "Unprovoked" means that the victim who has oeen conducting himself peacefully and lawfully has oeen bitten or chased in a menacing fashion or attacked :)y a dog. (3) "Severe injury" means any physical injury that -esults in broken bones, multiple bites, or disfiguring lac- erations requiring sutures or reconstructive surgery. (4) "Proper enclosure of a dangerous dog" means, chile on the owner's property, a dangerous dog is Securely confined indoors or in a securely enclosed and ocked pen or structure, suitable to prevent the entry of ioung children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, ender, or through the structure and shall also provide -)rotection from the elements. (5) "Animal control authority" means an entity acting :Ione or in concert with other local governmental units and authorized by them to enforce the animal control aws of the city, county, or state. In those areas not served by an animal control authority, the sheriff shall :arty out the duties of the animal control authority under his act. (6) "Animal control officer" means any individual !mployed, contracted with, or appointed by the animal :ontrol authority for the purpose of aiding in the enforce- nent of this act or any other law or ordinance relating to he licensure of animals, control of animals, or seizure ind impoundment of animals and includes any state or Kcal law enforcement officer or other employee whose Mies in whole or in part include assignments that -ivolve the seizure and impoundment of any animal. (7) "Owner" means any person, firm, corporation, or )rganization possessing, harboring, keeping, or having :ontrol or custody of an animal or, if the animal is owned >y a person under the age of 18, that person's parent )r guardian. History. s. 2, ch. 90-180; S. 2, ch. 93-13. 767.12 Classification of dogs as dangerous; certifi- :ation of registration; notice requirements; confine- nent of animal; exemption; appeals; unlawful acts.— (1)(a) An animal control authority shall investigate eported incidents involving any dog that may be dan- gerous and shall interview the owner and require a worn affidavit from any person, including any animal ontrol officer or enforcement officer, desiring to have a log classified as dangerous. After the investigation, the nimat control authority shall determine if a dog is to be lassified as dangerous and shall immediately provide Britten notification by registered mail or certified hand lelivery to the owner of a dog that has been classified s dangerous. A dog shall not be declared dangerous the threat, injury, or damage was sustained by a Per- on who, at the time, was unlawfully on the property or, chile lawfully on the property, was tormenting, abusing, r assaulting the dog or its owner. (b) The owner may file a written request for a hearing appeal the classification within 10 business days after tion of his appeal. Each applicable local governing authority must establish appeal procedures that con- 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 of 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 18 years of age and who present to the ani- mal control authority sufficient evidence of: (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 at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall 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 be notified by the owner of a dog classified as danger- ous that the dog is in his jurisdiction. )�(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 under control of a competent per- son. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or res- piration but will prevent it from biting any person or ani- mal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with- out a muzzle or leash, if the dog remains within his sight and only members of his immediate household or per- sons 18 years of age or older are allowed in the enclo- sure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training pro- cedure_ Dogs engaged in training or exhibiting in legal cnnrtc civ -h ac nhoriionro trials r-nnfnrMAtinn shows. F.S. 1993 UAMIAUC o r UUUO 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 local laws. Dogs that have been classified 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. History.—s. 3, ch. 90-180; s. 3, ch. 93-13. 767.13 Attack or bite by dangerous dog; penalties; onfiscation; destruction.— 1) If a dog that ha!Ppreviously been declared dan- gerous attacks 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. 775.083. In addition, the dangerous dog shall be immediately confiscated by 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 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 pay- ment of all boarding costs and other fees as may be required to humanely and safely keep -the animal during any appeal procedure. „ (2) �� if a doq that has not been declared dangerous attacks and causes severe injury to or death of any human, and the owner of the dog had prior knowledge of the dog's dangerous propensities yet demonstrated a reckless disregard of such propensities under the cir- cumstances, the owner of the dog is guilty of a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.C83. In addition, the dog shall be immediately confiscated by an animal control authority, 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 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 fees as may be required to humanely and safely keep the animal during any appeal procedure. (3) If 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. 775.083, 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 time 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 fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files 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) 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. History.—s. 4, ch. 90-180; s. 4, ch. 93-13. 767.14 Additional local restrictions authorized.— Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing 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 or requirements. This section shall not apply to any local ordinance adopted prior to October 1, 1990. History.—s. 5. ch. 90-180. 767.15 Other provisions of chapter 767 not super- seded.—Nothing in this act shall supersede chapter 767, Florida Statutes 1989. History.—s. 6, ch. 90-180. 767.16 Bite by a police or service dog; exemption from quarantine.—Any dog that is owned, or the service of 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 bite if the dog has a current rabies vaccination that was administered by a licensed veteri- narian. History.—s. 1, ch. 91-228. ANIMALS § 4-29 (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/ handlers shall carry some sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-of-way. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88) State law reference—Damage by dogs, F.S. Ch. 767. Sec. 4-27. Disturbing the peace. It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (Code 1970, § 4-4(e)) Sec. 4-28. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those dogs who are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 4-29. Rabies suspected. (a) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two (2) weeks at the expense of the owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours there- after. Supp. No. 12 303 § 4-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)l. See. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86-30, § 4, 7-28-86) Supp. No, 12 304 (The next page is 3531 . e s. 767.13 1994 SUPPLEMENT TO FLORIDA STATUTES 1993 CHAPTER 767 DAMAGE BY DOGS 767.01 Dog owner's liability for damages to persons, domestic animals, or livestock. 767.03 Good defense for killing dog. 767.12 Classification of dogs as dangerous; certifica- tion of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction. 767.01 Dog owner's liability for damages to per- sons, domestic animals, or livestock.—Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01. History.—RS 2341; ch. 4979. 1901; GS 3142; RGS 4957; CGL 7044; S. 1, ch. 94-339. 767.03 Good defense for killing dog.—In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01 shall constitute a good defense to either of such actions. History.—s. 1, ch. 4978. 1901: GS 3144; RGS 4959: CGL 7046; s. 1, ch. 79-315: s. 2, ch. 94-339- 767-12 Classification of dogs as dangerous; certifi- cation of registration; notice and hearing require- ments; confinement of animal; exemption; appeals; unlawful acts.— (1)(a) An animal control authority shall investigate reported incidents involving any dog that may be dan- gerous 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, that is not impounded with the animal control authority, 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 the animal con- trol authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership trans- ferred 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. (b) 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 protect- ing or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control author- ity shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the suffl cient cause finding, to the owner, by registered mail. certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of proc- ess. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possi- ble, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written deter- mination of dangerous dog classification and must con- fine the dog in a securely fenced or enclosed area pend- ing a resolution of the appeal. Each applicable local gov- erning authority must establish appeal procedures that conform to this paragraph. (2) Within 14 days after a dog has been classified as dangerous by the animal control authority or a danger- ous dog classification is upheld by the county court on i appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control author ity serving the area in which he resides, and the certifi ; Cate shall be renewed annually. Animal control authori- ties are authorized to issue such certificates of registra- tion, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal con- trol authority sufficient evidence of: (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 at all entry points that informs both chic- '. dren and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall 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 be notified by the owner of a dog classified as danger- ous that the dog is in his jurisdiction. (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 under control of a competent per- son. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or res- piration but will prevent it from biting any person or ani- mal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with- out a muzzle or leash, if the dog remains within his sight and only members of his immediate household or per- sons 18 years of age or older are allowed in the enclo- sure when the dog is present. When being transported. such dogs must be safely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training pro- cedure. 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 act 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. (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. History.—s. 3. ch. 90-180: s. 3, ch. 93-13. s. 3. ch 94-339 767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.— (1) If a dog that has previously been declared dan- gerous attacks 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. 775.083. In addition, the dangerous dog shall be immediately confiscated by 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 expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under s. 767.12. 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. (2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if neces- sary, for the proper length of time 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 alloy the owner to request a hearing under s. 767.12. 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 proce- dure. In addition, if the owner of the dog had prior knowl- edge of the dog's dangerous propensities, yet demon- sirated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as pro- vided in s. 775.082 or s. 775.083. (3) If 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. 775.083, 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 time 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. 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 dur- ing any appeal procedure. (4) If the owner files a written appeal under s. 767.12 or this 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 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. History.—s 4. ch 90-180: S. 4, ch. 93-13: s. 4, ch. 94-339.