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HomeMy WebLinkAboutOrdinance No. 3052-2019Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3052-20 19 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PROVISIONS IN KENAI MUNICIPAL CODE TITLE 3-ANIMAL CONTROL , INCLUDING THE DEFINITION OF "VICIOUS ANIMAL" IN KENAI MUNICIPAL CODE 3 .05.010-DEFINITIONS , MANDATORY COURT APPEARANCE REQUIREMENTS IN KENAI MUNICIPAL CODE 3 .05.070-CITATION PROCEDURE, INCLUDING A NEW OFFENSE IN KENAI MUNICIPAL CODE 3 .10.020-CONTROL AND CONFINEMENT OF A N IMALS, AND MAKING CORRESPONDING CHANGES TO KENAI MUNICIPAL CODE 13.10.015-MINOR OFFENSE FINE SCHEDULE AND THE CITY'S UNIFORM MINOR OFFENSE TABLE. WHEREAS, amendments in this Ordinance to Title 3 of the Kenai Municipal Code are intended to provide clarification and additional means for animal control officers to address inadequate control of animals ; and , WHEREAS, it is important to the public welfare , health and safety of residents that animal owner's in the City properly control and treat their pets in a reasonable and responsible manner; and , WHEREAS , the proposed amendment to the definition of "vicious animal" in KMC 3 .05.010- Definitions , clarifies that an animal is considered a vicious animal if it has done unreasonable harm to a human or other animal in a hostile manner or has twice been found to be a dangerous anima l by a court ; and , WHEREAS , the amendment to KMC 3 .05.070-Citation Procedure , requires that an animal owner that violates a provision of KMC Chapter 3.10-Control and Treatment of Animals , three times wi thin a 12 month period have a mandatory arraignment before a j udge rather th an just pa y a fine; and, WHEREAS , requiring an animal owner to go to court and address the owner's control and treatment of their animal that is frequently not being controlled or treated properly is intended to curb the conduct that the City's fine provisions have been unsuccessful in addressing ; and , WHEREAS, Kenai Munici pal Code 3.10.020-Cont rol and Con fi nement of Animals , c urren tl y prohibits a person from letting an animal be unrestrained and p ro v ides an increased fine for an animal that is not confined and is either vicious or dangerous, but does not specifica ll y address an animal that has not previously been deemed vicious or dangerous and causes harm or injury to a person or other animal ; and , WHEREAS, adding a provision that carries a citation amount of $1 00 fo r an an imal that is not reasonably c onfi ned or restrained and harms or injuries a person o r other an imal is reasonab le and intended to recognize the poor conduct of the an imal and ow ner in relation to the $50 citation for an animal that is merely unrestrained and causes no harm ; and , WHEREAS, amendments to KMC 13.10.015 -Minor Offense Fine Schedule and the City's Uniform Minor Offense Table are necessary to effectuate the changes to the City's Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.05 .010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.05 .010-Definitions, is hereby amended as follows: 3.05.010 Definitions. 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) "C at" 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 Publ ic 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) "Kennel." (A) "Kennel , commercial " means premises where four (4) or more dogs over four (4) months of age are owned , kept, boarded, bred and/or offered for sale. (B) "Ke nnel , private" means premises where four (4) or more dogs over four (4) months of age are owned or kept for private enjoyment. (8) "lmpoundment" means : (A) The seizure of animals by the methods set forth in KMC 3.25 .010(d }. (B) Seizure of a vicious animal. (9) "Officer" means a person charged by law with the duty to enforce provisions of this title . (10) "To own " an animal includes having title , keeping , harboring, and having custody or control of an animal. (11) "Person " includes individual , joint venture , partnership, corporat ion , or unincorporated association . ( 12) "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 property of its owner. (13) "Sterile" means rendered incapable of reproduction by surgical operation. ( 14) "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[.] or [A]~ny 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 im posed by KMC 3.05 .060(d). Section 2. Amendment of Section 3.05.020 of the Kenai Municipal Code: That Kena i Municipal Code, Section 3.05 .020-Citation Procedure, is hereby amended as follows : 3 .05.070 Citation [P]f.rocedure. (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term , condition , or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a no ti ce directi ng the person to whom it is issued to appear in the Court for the Third Judicial District of the State of Alaska at Kenai , or pay a fine to the City of Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with the officer's immediate superior who shall forward the citation to the City of Kenai Legal Department. (d) Mandatory court appearance shall be required: (1) For a violation of KMC 3.10.020(c). (2) For a violat ion of KMC 3.10.070(g). (3) For all cruelty charges under this code . (4) Upon third citation of all other provisions of Chapter 3.10 in a twelve month period. Section 3. Amendment of Section 3.10 .020 of the Kenai Municipal Code : That Kenai Municipal Code , Section 3 .10 .020-Control and Confinement of Animals, is hereby amended as follows : 3.10.020 Control and [C]Confinement of [A]Animals. (a) A person who owns a dog shall keep the dog under restraint at all times. (b) A person who owns an animal other than · a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (c) A person who owns a dog or other animal shall use reasonable means, in cluding restraint or confinement. to prevent that dog or other animal from causing harm or injury to a nother person or animal unless the animal causing the harm is on the private property of the owner. ([C]g) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle , so it cannot injure other persons or their property. ((0).§) A person who owns a female dog or cat in heat or during ovu lation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes , provided that a female sled dog in heat s hall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes . ([E]f) No person other than an officer performing his duties under this title may release an animal from restraint without its owner's consent, except to preserve the animal 's life. Section 4. Amendment of Section 3.10.015 of the Kenai Municipal Code : That Kenai Municipal Code, Section 3.10.015-Minor offense fine schedule, is hereby amended as follows : 13.10.015 Minor [O]Offense [F]fine [S]~chedule. In accordance with AS 29.25.0?0(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Titles 28 and .Ll. AAC offenses plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one (1) of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule or another fine schedule the defendant must appear in court to answer to the charges. The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as those terms are defined in AS 28.90.990 and .Ll. AAC 40.010(b}. An offense may not be disposed of without a court appearance if the offense is in connection with a motor vehicle accident that resu lts in a death of a person. MINOR OFFENSE FINE SCHEDULE CITE RULE/OFFENSE FINE [RULES OF ROAD] OFF-ROAD VEHICLE OPERATION 1 KMC 13.40.020(a) On public or private property without the express or 100.00 Implied consent of the owner, authorized agent, or representative. 2 KMC 13.40.020(b) On municipal park lands, except where specifically 100.00 authorized , municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding , wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities , subject to the other provisions of this chapter. 3 KMC 13.40.020(c) On a City or State maintained roadway , sidewalk, or on a 100.00 path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard . 4 KMC 13.40.020(d) On any City or State road right-of-way that has been 100.00 landscaped, seeded , or otherwise improv ed. 5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb 100 .00 the peace and quiet of another. CITE RULE/OFFENSE FINE 6 KMC 13.40.020(f) In such a manner as to cause damage to improved 100.00 property o r destruction to t he terrain . 7 KMC 13.40.030 Special stops required 90.00 8 KMC 13.40.050 Helmet requi red 100 .00 9 KMC 13 .30.080 Operati ng vehicle in a prohibited area 100 .00 ANIMALS 10 KMC 3.10.010 No per son may permit an animal which he owns to 50 .00 interfere with another person's reasonable right to peace or privacy by making repeated or continued noise . (1st offense) 11 KMC 3.10 .010 No person may permit an animal which he owns to 100.00 interfere with another person 's reasonab le right to peace or privacy by making repeated o r continued noise. (2 nd offense) 12 KMC 3.10.020(b) A person who owns an a nim al other than a dog that is 50.00 capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all t im es. (1st offense) 13 KMC 3.10.020(b) A person who owns an animal other than a dog that is 100 .00 capable of annoying or endangering other persons or damaging their property shall keep the an imal under restraint at all times. (2 nd offense) 14 KMC 3.10 .020(c) A Qerson who owns a dog or other animal shall use 100.00 reasonable means, including restraint or confinement, to Qrevent that dog or other animal from causing harm or inju01 to another Qerson or animal un less the animal is o n the Qrivate QrOQeffi'. of t he owner. (1411.§ KMC 3.10 .020[(c)}Q A person who owns a vicious or dangerous anim al shall 50 .00 at all times either confine the animal in a building or a secure enclosu re , or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (1st offense) [15]1Q KMC 3 .10.020[(c)}Q A person who owns a vicious or dangerous animal shall 100 .00 at all times either confine the animal in a building or a secure enclosure, or otherwise secu re the animal , as with a muzzle, so it ca nnot injure other persons or th ei r property. (2nd offense) [1 6111 KMC 3.10 .020[(d)~ A person who owns a female dog or cat in heat or during 50.00 ovulati on sha ll keep the dog or cat under restraint in such a m anner that it cannot come into contact with a male of its species except for planned breeding purposes; CITE RULE/OFFENSE FINE provided , that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (1st offense) [17® KMC 3 .10.020[( d))g A person who owns a female dog or cat in heat or during 100.00 ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes; provided , that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breed ing purposes. (2nd offense) [18)1J1 KMC 3 .10.020(e) No person other than an officer performing his duties 50.00 under this title may release an animal from restraint without its owner's consent, except to preserve the animal's life . (1st offense) [191f..Q KMC 3 .10.020(e) No person other than an officer performing his duties 100 .00 under this title may release an animal from restraint without its owner's consent, except to preserve the animal's life. (2nd offense) [20fil KMC 3 .20.010 Failure to license a dog 25.00 [21~ KMC 3.10 .080 Failure to property dispose of dog waste 50.00 [22~ KMC 3 .15.050(a) Standards for operating facilities up to 500.00 PARKING [231.f.4 KMC 13.10.060 Camping on private property 50 .00 [24@ KMC 1 3.30.030 Night parking prohibited 50 .00 [25@ KMC 13.30.035 Paid parking 50 .00 [26]ll KMC 13.30 .095 Parking prohibited on Kenai Avenue 50.00 [27@ KMC 18.35.010 Overnight camping 50 .00 [28@ AR 6 .05.01 0-030 Parking at airport (1st offense) 25.00 [29lliQ AR 6 .05.010-030 Parking at ai rp o rt (2nd offense) 50 .00 ABANDONED I JUNK VEHICLES I LITTERING [30:@1 KMC 12 .20 .010 Deposit of refuse (littering) 500 .00 [31]32 KMC 12 .20 .010 No fish, fish carcasses, fish parts or offal may be 150 .00 deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts . [32m KMC 12 .25.020 Abandonment of vehicle 100 .00 CITE RULE/OFFENSE FINE [33)M KMC 12 .25.030 Junk vehicle 100.00 OFFENSES AGAINST PROPERTY [34lli§ KMC 13.20.030 Protection of North and South Shore-No physical 150.00 damage [35Q.§ KMC 13.20.030 Protection of North and South Shore-Physical damage 500 .00 [36fil KMC 13 .20.035 Burning of pallets and other wood materials containing 50 .00 metal fasteners Section 5. That the City of Kena i's Kenai Offenses in Uniform Minor Offense Table (UMOT) is amended as attached to conform with the amendments enacted above . Section 6. 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 6. 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 20th day of February, 2019. ATTEST: BRIAN GABRIEL SR., MAYOR Introduced : February 6, 2019 Enacted: February 20, 2019 Effective: March 22, 2019 Ordinance Number Ordinance Description Offense Appearance type: Mandatory Optional or Correctable Fine Schedule Amount for Optional / Correctable Maximum Fine Permitted for Mandatory KNMC2.25.010 Intoxicating Liquor Prohibited In Certain Places Without A Permit Mandatory $500.00 KNMC3.05.070 Third violation of all other Provisions of Chapter 3.10 in a twelve month period Mandatory $500.00 KNMC3.10.010 Animal Interfere Peace Or Privacy-1st Offense Optional $50.00 KNMC3.10.010 Animal Interfere Peace Or Privacy-2nd Offense Optional $100.00 KNMC3.10.020(a)Keep The Dog Under Restraint At All Times-1st Offense Optional $50.00 KNMC3.10.020(a)Keep The Dog Under Restraint At All Times-2nd Offense Optional $100.00 KNMC3.10.020(b)Shall Keep The Animal Other Than A Dog Under Restraint-1st Offense Optional $50.00 KNMC3.10.020(b)Shall Keep The Animal Other Than A Dog Under Restraint-2nd Offense Optional $100.00 KNMC3.10.020(c)Shall Keep Animal From Injuring Persons or Property Optional $100.00 KNMC3.10.020[(C)](d)Vicious Or Dangerous Animal Shall At All Times Be Confined Mandatory $500.00 KNMC3.10.020[(D)](e)Keep The Dog Or Cat Under Restraint When In Heat-1st Offense Optional $50.00 KNMC3.10.020[(D)](e)Keep The Dog Or Cat Under Restraint When In Heat-2nd Offense Optional $100.00 KNMC3.10.020[(E)](f)Release An Animal From Restraint Without Its Owner's Consent Mandatory $500.00 KNMC3.10.030 Maintain All Structures/Pens/Yards In A Clean/Sanitary Condition/Free From Odor Mandatory $500.00 KNMC3.10.040 Sell A Diseased/Injured/Otherwise Physically Defective Animal Without Disclosing Mandatory $500.00 KNMC3.10.050 Confine An Animal By A Street/Sidewalk/Alley/Public Place Mandatory $500.00 KNMC3.10.060(a)(1)No Person May Intentionally Kill An Animal Mandatory $500.00 KNMC3.10.060(a)(2)No Person May Intentionally Injure/Torment/Poison/Provoke/Abuse An Animal Mandatory $500.00 KNMC3.10.060(a)(3)No Person May Maintain An Animal Without Providing Food/Water/Shelter Mandatory $500.00 KNMC3.10.060(c)(1)No Person May Cause An Animal To Fight Another Animal Or Human Being Mandatory $500.00 KNMC3.10.060(c)(2)No Person May Train/Keep For The Purpose Of Training A Combat Animal Mandatory $500.00 KNMC3.10.060(c)(3)Permit Premises Be Used For Exhibition Animal Fighting/Present As A Spectator Mandatory $500.00 KNMC3.10.060(d)(1)Accident Involving Injury To Animal: Driver To Stop And Inform Owner/Animal Cont Mandatory $500.00 KNMC3.10.060(d)(2)Accident Involving Injury Animal: Inform Time, Location Of Accident, Description Mandatory $500.00 KNMC3.10.060(e)(1)No Person May Use A Trap Within The City Limits That Can Kill/Mangle An Animal Mandatory $500.00 KNMC3.10.060(f)(1)Allow Any Animal To Molest Or Harass Wild Or Domesticated Animals Mandatory $500.00 KNMC3.10.080 Dog Owners Required To Immediately Dispose Of Dogs Solid Waste Optional $50.00 KNMC3.15.010 License Required Mandatory $500.00 KNMC3.20.010 Failure To License Dog Optional $25.00 KENAI OFFENSES IN UNIFORM MINOR OFFENSE TABLE (UMOT) INSTRUCTIONS The following offenses are currently listed in the court's Uniform Minor Offense Table. To update this list, contact the city attorney or city official authorized to notify the Alaska Court System's Administrative Office of all needed updates to the table by using the 'Request to Update UMOT' form (TR-550): https://public.courts.alaska.gov/web/forms/docs/TR-550.pdf MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: January 31, 2019 SUBJECT: Ordinance No. 3052-2019 – Amending Title 3-Animal Control Including the Definition of “Vicious Animal” and Mandatory Court Appearance Requirements ____________________________________________________________________________ Ordinance 3052-2019 makes three changes to the City’s Animal Control code and corresponding changes to KMC 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table necessary to effectuate the changes. 1. The first change amends the definition of “vicious animal” in KMC 3.05.010. This change is for clarification purposes, ensuring that an animal is defined as vicious if it has done an unreasonable harmful act in a hostile manner, or has twice been found as dangerous by a court. (A dangerous animal is defined as an animal which due to improper or inadequate supervision or control has done a harmful act regardless of whether the act was done in a playful or hostile manner.) Whether an animal is defined as “vicious” is significant when it comes to future control and confinement of the animal, penalties for failure to confine and control the animal, and for impounding and adoption procedures. 2. The second change, to KMC 3.05.070- Citation procedures, adds a new provision that animal owners that have been cited for an animal control violation three times in a 12 month period must have an arraignment, that is go before a judge as opposed to just paying a fine. The intent of this is to impart on animal owners a more serious message to try and gain compliance with the assistance of a judge. 3. The third change adds a new offense to KMC 3.10.020, which requires responsible control and confinement of animals. Currently, it is an offense not to have an animal in the City under restraint. Essentially if an owner lets their dog run loose in the City the owner can be cited, generally after several warnings, for failure to restrain their animal. This carries a citation amount of $50. Additionally if an animal is vicious or dangerous by definition, Page 2 of 2 Ordinance 3052-2019 and is loose, a citation can be imposed of up to $500. However, situations occur when an animal has not yet been found to be vicious or dangerous, but is not responsibly restrained and causes injury to another person or animal. Due to the seriousness of the consequences, Animal Control would like to be able to issue a citation that is more serious than the $50 citation, but because the owner may not have had prior warning that their animal would cause harm is less than the $500 maximum citation. For this reason a new citable offense for failure to reasonably restrain or control an animal that causes harm to another person or animal for $100 is proposed to be added. Your Consideration is appreciated.