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HomeMy WebLinkAboutORDINANCE 1522-1992'7 Suggested by Administration City of Kenai ORDINANCE NO. 1522-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AIVEENDII~IG PORTIONS OF THE A1~IIlViAL CON'T'ROL ORDINANCES OF TTfLE 3 OF THE KBNAI MUNICIPAL CODE. WHEREAS, modern and efficient animal control procedures are in the best interest of the City of Kenai; WHEREAS, the City of Kenai wishes to encourage pet owners to have their animals spayed or neutered; WHEREAS, the public safety sometimes requires that animals be taken into protective custody; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 3.05.010 ('1)-(15), 3.05.100(a), (b) and (d); 3.15.010, 3.15.020(a)(3), 3.15.020(a)(7)(h) and 3. i5.OS0; 3.20.010, 3.20.050; and 3.25.090(a) be amended as follows: 3.OS.010 jz~~iili~~: As used in Title 3: (1) "Animal" means all domestic or domesticated members of the Kingdom Animalia. (2) "At large" means not under restraint. (3) "Cat" means a domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: (a) as specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the . National Association of State Public Health Veterinarians, Inc. (1978); (b) administered in accordance with state law; and (c) evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. [(7) "DOG FANCIER'S FACILITY" MEANS A PREMISES VV~HERE A PERSON OWNS FIVE OR MORE DOGS OVER THE AGE OF FOUR MONTHS, AND WHICH IS NEITHER A KENNEL NOR A I)OG MUSHER'S FACILITY.] • 1 o [(8)] ,~ "Kennel" means a premises where a person owns four or more dogs over the age of four months ~ ~ . [IN THE OPERATION OF A BUSS SUB3ECT TO . TAXATION UNDER AS 43,70, WHICH BUSINESS INCLUDES THE BUYING, SELLING, TRAINING, BOARDING, OR BREEDING OF DOGS. ] [(9)] ~ "Impoundment" means: (a) The seizure of animals by the methods set forth in KMC 3.25.010(4). (b) Seizure of a vicious animal. [(IO)] ~ "Officer means a person charged by law with the duty to enforce provisions of this title. " [(11)] ~,,Q) "To own" an animal includes having title, keeping, harboring, and having . custody or control of an animal. [(12)] ~ "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. [(13)] ~ "Restrain" means: (a) physical confinement, as by leash, chain, fence, or building; or . (b) under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or (c) under competent voice control when an animal is on the properly of its owner. [(14)] ]~ "Sterile" means rendered incapable of reproduction by surgical operation. [(15)] ji,~ "Vicious Animal" means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner. Any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(4). (Ords. 935, 1185) 3.05.100 (a) The fee for a kennel faciliri [DOG FANCIER'S FACILITY, OR DOG MUSHER'S FACILITY] shall be $5.00 per dog in the facility, up to a maximum of $25.00. (b) The fee for a dog license shall be [$3.00] ~2~,QQ for a sterilized dog and [$5.00] $10.00 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. (c) The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees specified in this subsection, provided that if, within thirty (30) days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Officer shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any anlmal. r. (1) First Impoundment Fee: Dog - $35.00; Cat - $10.00. (2) Second Impoundment Fee within atwelve-month period from fu~st impoundment: Dog - $50.00; Cat - $20.00, plus citation, shots, license, and boarding fees as required. (3) Third impoundment fee and thereafter within atwelve-month period from first impoundment: Dog - $75.00; Cat - $30.00, plus citation, shots, license, and boarding • 2 fees as required. Other animal weighing more than (4) Boarding fee: Dog and Cat, $3.00/day: other costs fee also shall include any the animal, fifteen (15) pounds, $5.40/day. The boarchng 1 incest by the Animal Control Office in maintaining actually and reasonab y Brous including, but not limited to, medial care' • ded anumal which by reason of its size, strength~~ ontrol An im un tin the Atn (5) y ~ lus the actual nsities or other characteristics cannot reasoly ~ fee of $25.04 p . ProPe n meat of an lmpoundm s ran and Shelter may be reclaimed upo pay ending, trap po g+ reasonably incurred by the Animal Control Office in impo costs keeping the animal. OF $14•pOp to defray. the e fee for adopting an animal shall consist of a chYaY COST OFI~ . (d) ~ . TO AND HELP DEFRA cost of vaccinattng [THE ~r the animal, • and can g (Ord. 935) ~~~ ~pgE~rTTING ANNOYANCE BY 3.10.010 •.t ~~ which he owns to [ANNOY] ' OR] ANIMALS]: No person may pe~Rgp,RING WITH THE LATTER' S SLEEP, WORK, another [PERSONI 1~~'~ [BY led or continued noise. reasonable right to peace or privacy by making rePea • Ll E SRn FACILI~ ~~~~ Licenses Required. 3.15.010 procedure. 3.15.020 Licensing 3.15.030 License Revocation. 3.15.040 Hearings -- APP~s•, Facility. 3.15.050 Standards for Operattng o rate a kennel [DOG FANCIER'S i irPnces ~~ No person may pe ursW1nt t0 this 3.15.010.- ~ •thout havrng a license therefor issued p FACILITY, DOG MUSHER Sl facility wi chapter 3.15.020 ~~'--~~ r this chapter shall be to the Chief Animal Control (a) Application for a 1~ceri3e and Officer. The applic~"-tion shall include: licant~ (1) The name and address s o do spo be kept in the facility; (2) The number and breed S 3 (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. [SUFFICIENT FOR THE CHIEP ANIMAL CONTROL OFFICER TO DETERMINE WHETHER THE FACILITY SHOULD BF LICENSED AS A KENNEL, DOG FANCIER'S FACILITY, OR DOG MUSE'S FACILITY.] An application for a kennel license to be used for commercial nurdoses shall include. a copy of a current Alaska Business License for the operation of the kennel. and a Borough Sales Tax application or registration number; (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. (6) The license fee required by KMC 3.05.100; (7) Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepaze a written report of the inspection's findings; including any reason why the proposed facility does not meet the standards set forth in ICMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a License. The Animal Contml Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31st of the year in which it is issued. (f) An application to renew a license issued under this chapter shall be made at least thirty (30) days after the license expires, and shall be made in the same manner as an application for a new license, provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. (g) The applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. (h) The applicant shall agree in writing that the kennel [DOG FANCIER'S, OR DOti MUSHER'S] facility may be inspected by the Chief Animal Control Officer or his designee at any time during business hours of the permittee. 3.15.030 ~,i~gp~ Rgvc~gQn: (a) If an inspection of a facility licensed under this chapter reveals: (i) The facility constitutes a health hazard; (2) The facility violates a City or Borough ordinance or regulation; • 4 (3) The facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall reinspect the • facility to determine whether the violation has been cured. (c) If after reinspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. 3.15.040 earing~~~ls: (a) A person aggrieved by the granting, limiting, conditioning, or denying of a license under this chapter may, within fifteen (15) days of the action complained of, apply for a hearing before the Chief Animal Control Officer or his designee. Upon timely application under this subsection, the Chief Animal Control Officer or his designee shall hold a hearing to determine whether the license should be granted, conditioned, limited, or denied. The person aggrleved may appeal the decision of the Chief Animal Control Officer to the City Council within thirty (30) days whose decision shall be final. (b} Before revoking a license under this chapter, the Chief Animal Control Officer or his designee shall hold a hearing to determine whether the license should be revoked. The party aggrieved may appeal to the City Council within thirty (30) days of the decision whose decision shall be final. 3.15.050 standards for. Oneratin~ Facility: In operating a kennel [DUG F.ANCIER'S FACILITY, OR DOG MUSHER' S] facility, the operator shall: (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (f) Keep on that number of animals in the facility which is safe and healthy for the facility's sake. (g} Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. • ., ti r _- _____-._-_-~ ~.., ~ f • L~CENSF~ ~~ 3.20.010 Requirement for Licenses. 3.20.020 Licensing Procedure. 3.20.030 Dog License Tags and Receipts. 3.20.040 Issuance of Licenses. 3.20.050 Exemptions. • • 3.20.010 Requirement for Licenses: A person who owns a dog over the age of three (3) months, other than in the operation of a kennel, [DOG FANCIER'S FACILITY OR DOG MUSHER'S FACILITY,] shall obtain a dog license for that dog pursuant to this chapter. (Ord. 935) 3.20.020 Licensing Pr~ure: (a) Application for a dog license shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the owner of the dog; (2) The name, breed, color, age, and sex of the dog; {3) Proof that the dng has a current rabies vaccination; (4) The license fee required by KMC 3.05.100; (5) Written proof that the dog is sterile, if the owner seeks: to qualify for the reduced license fee under KMC 3.05.100(b). (b) A dog license shall expire on December 31st each year. (c) An application to renew a license issued under this chapter shall be made at least thirty (30) days before the license expires, and shall be made in the same manner as an application for a new license. 3.20.030 ~ License Tags and Receiflts: (a) For each dog licensed under this chapter, the Animal control Office shall issue the owner a numbered receipt and a tag stamped with an identification number. (b) To be licensed under this chapter, a dog must bear a license tag securely fastened to its choke chain, collar, or harness, provided that the dog need not bear the tag while confined, in harness, in competition, in training, or while hunting. (c) No person may use a dog license tag or receipt for a dog other than the one for which it was issued. 3.20.040 Issuance Licenses: The Chief Animal Control Officer may permit the submission of applications for licenses, and the issuance of licenses, under this chapter by .mail. 6 .r.?' i. ? ,.. ~ ... ... . ..... .___, _...~___ ~._~._. .. ._,.. _~F j .1 awn • 3.20.050 E~ce~nti~,g: KMC 3.20.010 does not apply: (a) To a person who does not maintain a permanent residence in the City of Kenai when that person owns a dog for no more than thirty (30) days. (b) To a person who presently has resided in the Ciry for no more than thirty (3Q) consecutive days. (c) To a person who does not maintain a permanent residence in the City when that. person owns dogs for dog mushing purposes for more than thirty (30) days, but no more: than ninety (90) days during the dog mushing season, provided he obtains a temporary jDOI3 MUSHER'S] ~g~ license. The Animal Control Office shall issue a temporary [DOGt MUSHER' S] license for no charge upon proof that all dogs for which the license is to be issued have a current rabies vaccination. (d) To a blind person, for the ownership of a seeing eye dog, or to a deaf person, for the ownership of a hearing dog. 3.25.090 Protective Custody: (a) When an officer finds it is necessary that an animal not subject to impoundment be u • taken into custody of the Animal Control Shelter to preserve the animal's or the ~ub_, lic s heatlth or safety, the officer may take the animal into protective custody. (b) The Animal Control Shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of ten days, after which time the animal may be disposed of as an impounded animal. (c) The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a boarding fee as provided in KMC 3.05.100(c)(2) or (c)(3). (d) A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a review of that disposition as provided in KMC 3.25.080. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of November, 1992. H. Raymond Measles, Vice Mayor ATTEST: dS. Carol L. Freas, City Clerk (11/23/92) C:\HP51\DOCS\ORD\1552-92.DIt0 Introduced: Adopted: Effective: 7 October 21, 1992 December 2, 1992 January 2, 1993 . _, ,.,. ,.::.: ,. ' y ' y ,,~ ~• I~ TO: FROM: DATE: SUBJECT: .. KENAI ~~s~ - ~ss~ ~ ~ "~~."~et`c~~~', CITY 0~ K.~NA~ • ; •; ZfQ FIDALGO KdNAII, AU18KA 99611 " ~'" TELEPHONE 2dd * 7535 " =; : =~ ~ FAX 907.2$3.301A .... Keith Kornelis, Public Works Director Bill Godek, Chief Animal Control Officer ~(r October 9, 1992 ~'ro.Ordipa,,,~,,ce..,,~i nges to 'I ntle_3 Concurrent with Officer Reid's memo to you on the proposed ordinance changes to adoption procedures, this.office is proposing several more ordinance revisions for Council's consideration. ' it f K n '. We' Presently the code covers three levels of kenneling activrt~es permitted ~n the C y o e a~ would like to see these three levels consolidated into one level. Under current definitions a "dog fancier" can have up to four dogs before a permit is required. A kennel under the definition can have up to three dogs before a permit is required. A dog musher's facility, while mentioned through out the code, lacks a definition at all. Putting these three facilities under one heading would alleviate confusion for the facilities owner, adjacent property owners and the animal control office. Our proposed ordinance could read as follows: ~_k~~nnel facihty means„~.,a.pre~„i~es wherg four t e f o e r ow e w r e f cad ility This new definition would streamline the present definitions making it easier to identify facilities and enforce the code. ~.icensing procedures, standards for operating a kennel facility, and revocation hearings and appeals would remain the same as presently dictated by the animal control code. The next area of the code that needs revision is Protective Custody, 3.25.094. Presently, an animal control officer may seize a restrained animal which he determines to be in some sort of jeopardy. We would like to see this area, animal jeopazdy, extended to the public's safety. • . , .., . .. .. ,.. .... .~ , .. ... ,. ..~ Pa e 2 g Code Revisions/A. C. 10/9/92 • For example we receive many calls where a dangerous animal is restrained in a place that poses a threat to individuals. We respond by removing the animal, however, there is a gray area as to the legality of the seizure. Clarification of this area would certainly assist animal control in performance of our duties. The proposed ordinance should read as follows: When an officer finds it necessary that an ~ni~mal. n t o ' d en be taken into cus ad of he i 1 on rol Sh It r o re e e li ' r he nd s f he ff er k t im 1 i r ec iv c . The final revision to the code we would like to see is license fees, see KMC 3.OS.I00 (b). We request that the fee for non-sterilised dogs be increased to ten dollars ($10.00) and sterilized dogs be decreased to two dollars ($2.00). This way animal control is rewarding individuals for having their animal spayed or neutered, and also giving incentive to those that have not. BGlkv cc: Cary Graves, City Attorney a ~_~ .., ., .., t . ~ t, t; . . ~~~~-1981 CITY OF KE~A! ,,a~ ~ ~~~~~~ 210 FIDALGIO KENA1, ALASKA OOdtt '1'ELBPMONE 2~. 7038 FAX 907.2$3.3014 TO: Keith Kornelis, Public Works Director FROM: Brett Reid, Animal Control dffi r DATE: September 25, 1992 SUBJECT: ~i'mat Adoption ,~ Animal Control is working on revising our adoption procedures. Because of the surplus of dogs and cats, there is no reason for these pets to leave City custody in breeding condition. The current system of refunding a deposit upon proof of spay/neuter is resulting in extra work for the Finance Department as well as less than desired compliance with spay/neuter goals. Under the proposed system fees for adoption would include the cost of spay/neuter surgery. After payment the animals would be taken to Kenai Veterinary Hospital by the Kenai Animal Control to be spayed or neutered and get their vaccinations. The veterinarian would bill the City twice a month for the services (which have already been paid to the City by the new owner). Dogs and cats that are too young for surgery would be adopted and given a voucher that can be used when the animal is old enough. This system would reduce non-compliance with spaylneuter goals to almost none, as well as reducing work for the Finance Department. Fees for adoption would, at first glance, be increased but total costs for adopting a spaylneutered animal would be less due to special rates from Dr. McCartan. The fees would be as follows: iViALE CATS FEMALE CATS & l~{7GS UND~R_~ I BS,~ $ 30.00 Surgery $ 50.00 Surgery 12.00 Rabies 12.00 Rabies .~.~ Adopt. Fee ~ „~Q,QQ Adopt. Fee $ 52.00 Total $ 72.00 Total ~. y i Page 2 Adoption Procedures 9/25/92 • ~~ ~J $ 64.00 Surgery 58 DOGS 12.00 Rabies 57 CATS _.l.Q,~,QQ Adopt. Fee 13 OTHER ANIMALS $ 82.00 Total The Animal Control Ordinance would have to be amended to reflect these changes. The decision to use Kenai Veterinary Hospital would have to be addressed. My position is that the Kenai Animal Control has an excellent relationship with Dr. McCattan and has relied on his services for many years, often at little or no cost. Dr. McCartan is the only veterutarian operating in the city limits and unless another clinic is opened here he should be given preference. BR/kv cc: Charles A. Brown, Finance Cary Graves, City Attorney ..,: :.. ~ - - ,_.