Florida Dog Bite Laws?
Okay, so my sister’s dog was running after a girl bicycle, showing no signs of aggression. The girl kicked at him and he bit her. The parents did not take the child to the hospital and the dog is currently confined in the back yard. The Sheriff came out (because we have no animal control in this county) and required us to chain him up using a chain from an old swing set. He went and told the father of the child that after ten days he could come into our backyard and shoot the dog. After doing some research on Florida Dog Bite Laws, I have found that this may not be legal. They did not tell me I had a right to request a hearing for the dog and even if the dog is found to be a dangerous dog, it still says nothing about killing it. It says that special arrangements must be made.
Florida Dog Bite Law
If Florida animal control authority receives a report of a dog that may be dangerous, the authority will conduct an investigation into whether the dog should be officially classified as a “dangerous dog” under Florida’s dog bite laws. If the dog is classified as dangerous, it must be kept under certain restrictions.
Will My Dog Be Taken Away from Me if it Bites Someone?
The animal control authority will investigate any reports that a dog may be dangerous. The dog may be taken away from the owner and impounded if it bites or attacks someone. If the dog is not impounded by the authority, the owner must keep the dog in a securely fenced or enclosed area pending the outcome of the investigation. During the investigation, the dog’s owner may not relocate or transfer the ownership of the dog.
The dog owner will have a right to appeal any initial or final determination classifying the dog as dangerous.
What Must the Dog Owner Do About the Dangerous Dog?
Under Florida dog bite law, once the dog is designated as dangerous, it must be registered as such with the authority. Additionally, the dog must be kept within a secure enclosure on which are posted clearly visible warning signs at all entry points that warn both adults and children that there is a dangerous dog on the property. The dog must also be given a permanent identification, such as a tattoo or an electronic implant, identifying the dog as a certified dangerous dog.
If a dog has been designated as dangerous, it will be unlawful for the dog’s owner to permit the dog to be outside the enclosure unless the dog is muzzled and restrained by a “substantial chain or leash” and under the control of a competent person over 18 years of age.
What if the Dog is Protecting the Owner?
A dog will not be declared “dangerous” under the law if the person who is bitten by the dog was trespassing on the owner’s property or was tormenting, abusing or assaulting the dog or the dog’s owner or family member. Further, no dog will be declared dangerous if the dog was protecting someone in the dog’s immediate vicinity from an unjustified attack or assault.
So my question is: Is what they are doing legal?
yes, it is