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
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Conuta:sion Expires 04/08/99
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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.
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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.