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HomeMy WebLinkAboutOrdinance No. 3040-2018Sponsored by: Mayor Brian Gabriel CITY OF KENAI ORDINANCE NO. 3040-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 3.10.060 -CRUELTY TO ANIMALS, TO REQUIRE OWNERS PROVIDE ADEQUATE CARE TO THEIR PETS AND PROVIDE CLEAR EXCEPTIONS FOR GOVERNMENT AGENCIES AND OTHERS TO EUTHANIZE ANIMALS AND REMOVE PROBLEM ANIMALS WHEN NECESSARY TO PRESERVE PUBLIC HEAL TH SAFETY AND INFRASTRUCTURE. WHEREAS , Kenai Municipal Code Section 3.10 .060-Cruelty to Animals , generally prohibits cruelty to animals and requires certain standards of care for animals; and , WHEREAS , Kenai Municipal Code 3.05 .010-Definitions , defines "animal " as all domestic or domesticated members of the Kingdom Animalia ; and WHEREAS , in addition to the existing standards of care , the Kenai Animal Shelter recommends those responsible for animals be required to provide clean water, protection from weather and adequate veterinary care to prevent physical suffering ; and , WHEREAS, while killing and trapping animals is generally prohibited in the City, it is important to clarify that humanely killing or euthanizing sick or wounded animals is necessary and allowable as well as trapping or otherwise removing certain animals , domestic or wild, that present a threat to human safety or physical infrastructure; and, WHEREAS , it is also in the best interest of the City to recognize exceptions for the harvest of livestock and the defense of life and property as exceptions to the general prohibition of killing animals in the City; and, WHEREAS , other minor housekeeping amendments are needed to improve the readability and clarity of this code section. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Amendment of Section 3.10 .060 of the Kenai Municipal Code : That Kenai Municipal Code , Section 3 .10.060 -Cruelty to animals, is hereby amended as follows: 3.10 .060 -Cruelty to [A] .8,nimals Except as provided below: (a ) No person may: (1) Intentionally k ill an animal; (2 ) Intentionall y injure, torment , poison , provoke , or otherwise abuse an animal ; New Tex t Underlined; [DELETED TEXT BRACKETED] Ordinance No . 3040-2018 Page 2 of 3 (3) Maintain an animal without providing food, clean water, and shelter adequate to provide protection from the weather and preserve the animal's health, and care; (~:) [OR] Abandon an animal where it will not be provided proper food , water, shelter, and care ; .{.fil Fail to provide veterinary care . to prevent physical suffering . (6)[(4)] Ma intain an animal showing symptoms of infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care . (B) [SUBSECTION .(.ill OF THIS SECTION DOES NOT APPLY TO : (1) IMPOUNDING , DESTRUCTION , OR OTHER DISPOSITION OF AN ANIMAL IN A HUMANE MANNER AS AUTHORIZED BY LAW; (2) KILLING OR INJURING AN ANIMAL WHERE NECESSARY TO PROTECT A HUMAN BEING OR DOMESTICATED ANIMAL FROM DEATH OR BODILY INJURY; (3) THE HUMANE DESTRUCTION OF AN ANIMAL BY ITS OWNER OR THE OWNER'S AUTHORIZED AGENT.] ([C]Q) Animal fighting: (1) No person may cause an animal to fight another animal or human being , whether for amusement [OF HIMSELF OR OTHERS], sport or for financial gain; o r (2) Train, or keep for the purpose of training , an animal for exhibition in combat with an animal or human being, (3) No person may perm it his premises to be used for the purposes described in paragraph ([C]!2)(1) of this subsection , or be present as a spectator at an exhibition described in paragraph ([C]!2)(1) of this subsection. ([D]_g) Accident involving injury to animal : (1) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal 's ownership is readily ascertainable , or inform the Animal Control Office of the injury if the animal 's ownership is not readily ascertainable . (2) A driver shall inform the appropriate person under paragraph ([D].£)(1) of this subsection of the time and location of the accident, a description of the injured animal, and the apparent nature of the injury. ([E]g) Animal trapping : (1) No person may use a trap or snare within the Ci ty limits that can kill or mangle an animal. ([F]~) Animal harassment: (1) No person may allow any animal which [HE] they own[S] to molest or harass wild or domesticated a nimals . (f) Exceptions: Notwithstanding any other provision in this section : ill A government agency , or its agent or contractor. may trap, humanely kil l. or otherwise remove any animal. including wild animals . that present a threat to public health . safety or public or private infrastructure . This does not authorize the killing of any animals that may be protected by state or federal law. unless applicable federal. state and local permits are obtained as necessary. New T ext Und erlined; [DELETED TEXT B RACKET ED] Ordinance No . 3040-2018 Page 2 of 3 .Lf.) An owner of an animal. a veterinary clinic. animal shelter. or government employee may humanely euthanize or otherwise humanely destroy an animal that is suffering and too seriously ill or injured to recover. behaviorally poses a threat to itself or others. requires cost prohibitive treatments. or other circumstances a reasonable person would deem appropriate in the same situation . a . Euthanasia performed by an Animal Control Officer of the Kenai An imal Shelter must be done in compliance with current City of Kenai Animal Control Euthanasia Policy. b . No Animal Control Officer or agent shall be held criminally or civilly liable for any action taken in the enforcement of this Code provided the officer acts lawfully. in good faith and without malice. Q} The owner of livestock may humanely harvest their livestock. ill A person may kill an animal in defense of life or property. Sect ion 2. Severability : That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15 .0?0(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 19th day of September, 2018 . ATTEST : BRIAN GABRIEL SR., MAYOR Introduced: September 5, 2018 Enacted : September 19, 2018 Effective: October 19, 2018 New T ext Und erli ned ; [DELETED TEXT BRACKETED] 'tftff~ «1/t/t, a Pairt, Ct~ «1/t/t, a Fat~" 210 F idalgo Ave, Kena i , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM : DATE: SUBJECT: Kenai City Council Mayor Brian Gabriel August22,2018 Ordinance No. 3040-2018 My initial interest in this Ordinance was to provide an exception from the general prohibition on trapping animals in the City to allow for trapping or killing problem animals. While KMC 3 .05 .010 defines "animals" for purposes of Title 3-Animal Control , as domestic animals and my primary concerns is with wild animals, such as beavers, KMC 3 .10.060-Cruelty to Animals, currently prohibits all trapping in the City. Occasionally, beaver activity alters the course of waterways jeopardizing roads, culverts , airport property and other infrastructure. Often the only prudent course of action is to remove these animals either by trapping or hunting . The trapping is done by experienced professionals in a manner that reduces reasonable risk to pets with notification and permission from the Department of Fish and Game. Review of my proposed changes by the Legal Department and Animal Control, resulted in further recommended amendments regarding animal care and euthanasia. These changes include an exception from the prohibition on killing animals for the harvest of livestock and protecting oneself and the ir property from animals. Further, the proposed amendments detail when it is appropriate to humanely end the life of an animal that is injured , ill or otherwise suffering and the process for City employees to do so . Finally there are recommended changes adding to the existing care requirements for animal owners requiring clean water, protection from weather, and appropriate veterinary care be provided to animals . Your consideration is appreciated .