HomeMy Public PortalAboutPetition for Dangerous Dog_GothamJanuary 24, 2023
animalservices@cityofcrestview.org
Officer Haley
Crestview Animal Services
Crestview Police Department
715 N. Ferdon Blvd.
Crestview, FL 32536
APPEAL OF DANGEROUS DOG CLASSIFICATION
AND REQUEST FOR MAGISTRATE HEARING
1: We, Vanessa Gonzalez and Emilio Gonzalez, as owners of "Gotham" a Shepherd Mix whom has
been classified under an initial determination as a dangerous dog pursuant to Section 766.12
Florida Statutes and the City of Crestview Ordinance.
2. We hereby dispute and contest the initial determination of the dangerous dog classification
pursuant to the alleged dog bite occurring on December 26, 2022 and hereby request a formal
hearing before the Magistrate which we believe to be scheduled for February 7, 2023.
3. We dispute any kennel charges or other fees associated with this quarantine of our dog due to the
fact that we are disputing the classification of a dangerous dog and based on the fact that the
Magistrate hearing previously scheduled for January 17, 2023 was unilaterally cancelled to no
fault of ours.
4. By acknowledging the receipt of this document classifying "Gotham" as a dangerous dog we are
in no way agreeing with the dangerous dog classification.
_
Vanessa Gonzalez-)
Emilio Gonzalez
616 Risen Star Dr.
Crestview, FL 32539
Crestview Animal Services
Crestview Police Department
715 N Ferdon, Crestview, FL 32536
850.682.2055 (animalservices@cityofcrestview.org
In accordance with Section 767.12, Florida Statutes, the City of Crestview has made an initial determination that
animal, "Gotham", is to be classified as a dangerous dog due to sufficient cause findings following an unprovoked
animal attack on December 26th, 2022, which caused severe injury to persons lawfully on the private residence of 616
Risen Star Dr, Crestview, FL 32539.
(1)
"Dangerous dog" means any dog that according to the records of the appropriate authority:
(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public
or private property
(2) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been
bitten or chased in a menacing fashion or attacked by a dog.
(3) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations
requiring sutures or reconstructive surgery.
"Gotham" can be returned to his owner and residence of 616 Risen Star, Crestview, FL 32539 only after the following
restrictions/requirements are met in conjunction with Crestview City Ordinance Chapter 10 Section 15 "Requirements
for dogs declared Dangerous":
1. Within 14 days after issuance of the final order classifying the dog as dangerous or the conclusion of any
appeal that affirms such final order, obtain a certificate of registration for the dog from the City of Crestview,
and renew the certificate annually. The City of Crestview may issue such certificates of registration, and
renewals thereof only to persons who are at least 18 years of age and who present to the City of Crestview
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 which 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.
A `proper enclosure to confine a dangerous dog" means, while on the owner's property, a dangerous dog is securely
confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young 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, under, or through the structure and shall also provide protection from the elements.
An annual fee is imposed by the Citv of Crestview for the issuance of the certificate of registration reauired in this
section.
In addition to the foregoing, the following continuing requirements are placed on the owner:
2. Immediately notify the appropriate animal control authority when the dog:
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.
Before a dangerous dog is sold or given away, the owner shall provide the name, address, and telephone number
of the new owner to the City of Crestview. The new owner must comply with all of the requirements of this
order, Section 767.12, Florida Statutes, and any other implementing local ordinances, even if the animal is
moved from onelocal jurisdiction to another within the state. The animal control officer must be notified by the
owner of a dog classified as dangerous that the dog is in his or her jurisdiction.
3. Not permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a
substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that
will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting a person
or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top,
without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate
household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When
being transported, such dogs must be safely and securely restrained within a vehicle.
The owner may file a written request for a hearing regarding the dangerous dog classification, penalty, or both, within
7 calendar days after receipt of the notification of the sufficient cause finding and proposed penalty. If the owner
requests a hearing, the hearing shall be held as soon as possible, but not later than 21 calendar days and not sooner than
5 days after receipt of the request from the owner. If a hearing is not timely requested regarding the dangerous dog
classification or proposed penalty, the determination of the animal control authority as to such matter shall become
final.
Aowledgement of receipt of document:
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Agreement to terms of declaration:
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