§ 6-15. Attack or bite by dangerous dog; penalties; confiscation; destruction.

(a)

Severe attack or bite by a dog. If a dog, regardless of classification as a dangerous dog, attacks or causes severe injury to or injury that causes the death of any human or domestic animal when said domestic animal is either not on the offending dog owner's property or is otherwise on the offending dog owner's property lawfully, the dog shall be immediately confiscated by an animal control authority, placed in quarantine and held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.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. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated 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 provided in F.S. §§ 775.082 or 775.083. Finally, if a dog that has been previously declared dangerous, attacks and causes a severe injury to or injury that causes the death of any human or domestic animal, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082 or 775.084.

(b)

Minor attack or bite by a dog classified as a dangerous dog. If a dog that has been previously declared dangerous, attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control officer or designee, placed in quarantine, if necessary, or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter transferred to the City of Jacksonville's Animal Control Department or designee. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees/costs as may be required to humanely and safely keep the animal during any appeal procedure.

(c)

If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. The owner shall pay in advance for the costs associated with housing the dog while the appeal is pending.

(d)

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.

(Ord. No. 2005-09, § 4, 5-2-05; Ord. No. 2011-22, § 5, 11-7-11; Ord. No. 2017-01 , 2-6-17)