HomeMy WebLinkAboutORDINANCE 1185-1987Suggested By: Administration
CITY of FJM&X
ORD=MCN 1I85-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE ANIMAL CONTROL PROVISIONS, KMC
3.05.010, "DEFINITIONS,* KMC 3.05.060, -PENALTIES AND REMEDIES,-
KMC 3.05.070, "CITATION PROCEDURES," AND KMC 3.10.020, "CONTROL
AND CONFINEMENT Of ANIMALS."
E.
WHEREAS, a large per capita population of domestic animals within
the City of Kenai poses potential threats to human beings and
other domesticated animals; and,
WHEREAS, it is the desire of the City Council to provide for
different penalties for different gradations of aggressive animal
behavior; and,
WHEREAS, in order to protect the safety of the citizens of Kenai,
a mechanism should exist whereby animals which pose a threat to
human beings or other animals can be ordered destroyed by a court
of competent jurisdiction.
7,
0,
it
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the Kenai Municipal code, Sections 3.05.010,
3.05.060, 3.05.070 and 3.10.020 be amended as defined on the
attached pages.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of March, 1987.
0 OHM J WILLIAMS, MAYOR
HN
ATTEST:
- -ci
4,
t Whelan, City Clerk
First Reading: February 18, 1987
Second Reading: March 4, 1987
Effective Date: April 4, 1987
(2/12/87)
L
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) "Cat" means a domestic or domesticated member of the
f amily Felidae.
(4) "Current rabies vaccination" means a vaccination:
(i) 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);
(ii) administered in accordance with state law; and
(iii) evidenced by a rabies vaccination certificate in
a form approved by the State Division of Public Health.
family Canidae.
(7) "Dog fancier's facility" means a premises where a
person owns five or more dogs over the age of four months, and
which is neither a kennel nor a dog musher's facility.
(8) "Kennel" means a premises where a person owns four or
more dogs over the age of four months in the operation o£ a
business subject 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(d).
(b) Seizure of a vicious animal.
(10) "Officer means a person charged by law with the duty to
enforce provisions of this title.
(11) "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:
(i) physical confinement, as by leash, chain, fence,
or building; or
(ii) under competent voice control when an animal is
engaged in an activity or form of training requiring
that it not be physically confined; or
,x:
IN
(iii) under competent voice control when an animal is
on the property of Its owner.
(14) "Sterile" means rendered incapable of reproduction by
surgical operation.
(15) ["VICIOUS ANIMAL" MEANS AN ANIMAL WHICH HAS BITTEN OR
ATTACKED A HUMAN BRING WITHOUT PROVOCATION.] "Vicious Mimal"
Sectiga 2:
3.05.060 Penalties and Remedies: (a) Except as this
section provides otherwise, a person who violates a provision of
this title, term, condition, or provision of a license issued
hereunder, or a City regulation promulgated under this title
shall, upon conviction, be subject to a fine of not more than
[$300] 8500.00.
(b) In addition to, or as an alternative to the penalty
aforementioned, any person violating any provisions of this title
shall be subject to a civil penalty of not more than [$3001
500.00. Each and every day that such violation continues shall
be deemed a separate and distinct violation. In addition, a
civil injunction or temporary restraining order may be obtained
in order to obtain immediate compliance with the provisions of
this chapter.
(c) The City shall seek an award of reasonable attorney s
fees and costs from the court in prosecuting such an action.
(d AM animal adjudged a vicious animal by a court of
consent of the animal's owner.
Section 3:
3.05.070 Citation Procedure: (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.
2
� v
'T
(b) A summons and complaint issued under this section shall
contain a notice directing the person to whom it is issued to
appear to answer to the charge in the District court for the
Third Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under
this section shall deposit the original and a copy of the
citation with his immediate superior who shall forward the
citation to the District Court for the Third Judicial District of
the State of Alaska at Kenai. Thereafter, the summons and
complaint may be disposed of only by official action.
(d) A summons and complaint in the form of a citation that
fulfills the requirements for a complaint under the District
Court Rules of Criminal Procedure promulgated by the Supreme
Court of the State of Alaska shall be deemed a lawful complaint
for the purpose of prosecuting a violation of this title.
(e) Mandatory Court Appearance shall be required:
(1) for [A VICIOUS DOG TICKET) a violation 09 KNC
3.10.020(c).
(2) for all cruelty charges under this code.
(3) Upon second citation of all other provisions of
Chapter 3.10 in a twelve (12) month period.
Section 4:
3.10.020 Control and Confinement of 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 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.
(d) A person who owns a female dog or cat in heat or during
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 breeding
purposes.
L
3
-TfQ
L