HomeMy WebLinkAboutORDINANCE 0935-1984L
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 935-04
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REPEALING AND RE-ENACTING PORTIONS OF KMC TITLE 3, ON ANIMAL
CONTROL TO INCREASE PENALTIES, CHANGE METHODS OF CAPTURE, AND ADD
ADDITIONAL VIOLATIONS.
WHEREAS, the present ordinance is not sufficient insofar as
penalties, court appearances, and methods of capturing animals,
and
WHEREAS, the prey+nt maximum fine of $25 does not allow for
imposition of reasonable fines in worse case situations, and
WHEREAS, an increased maximum fine would provide a deterrent in
more serious cases, and
WHEREAS, mandatory court appearances will impress offenders with
the seriousness of animal control violations, and
WHEREAS, the present cruelty laws do not cover certain aspects of
cruelty violations, and
WHEREAS, the present ordinance for impoundment does not cover a
vicious dog, and
WHEREAS, other fees and charges for impounded animals are
insufficient.
WHEREAS, the present license requirement of six months of age for
a dog goes not correspond with the rabies vaccination of three
months of age.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Saction 1: KMC 3.05.010 (9) is amended as follows:
(9) "Impoundment" means:
a The seizure of animals by the methods set forth in
KMC 3.25.010(d).
TO Seizure o a vicious animal.
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(W (9] "Ufficer" means a person charged by law with the
duty to enforce provisions of this title.
(11) [10] "To own" an animal includes haviiog title,
!-coping, harboring, and having custody or control of an
animal.
(12) [11] "Person" includes individual, joint venture,
partnership, corporation, or unincorpnr.-ated association.
(13) [12] "Restrain" means:
(�) [a] physical confinement, as by leash, chain,
fence, or building; or
(ii) [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
(iii) [c] under competent voice control when an
animal is on the property of its uwiicc.
(14) .13 "Sterile" means rendered incapable of re-
pcouction by surgical operation.
(15) [14] "Vicious animal" means an animal which has
bitten or attacked a human being without provocation.
Section 2: KMC 3.05.060 is amended as follows:
Penalties and Remedies: (a) Except as this section
provides otherwise, a person who violates a provision of
this title, term, condition, ur 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 [$100].
(W In a—WiTion to, or as an alternative to the
criminal penalty aforementioned, any person violating any
provisions of this title shall be subject to a civil penalty
of not more than $300 [$100]. 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.
The City shall seek an award of reasonable
attorney's fees and costs from the court in prosecuting such
an action.
Section 3: KMC 3.05.070 is hereby amended as follows:
Citation Procedure: (a) [1] 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) [2] 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) r 3. 1 An of ficr: whu i6suYs a summans and .:oriplaisit
under this section shalt deposit the original and a copy if
the citation with his immediate superior who shall forward
the citation tj 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 U*e deemed a lawful complaint for the purpose of
prosecuting a violation of this title.
(e) Mandatory Court Appearance Shall be Required:
or a v c ous dog ticket.
(12)7-7—or all cruelty char e•i under this code.
3 pon second citation oF all other provisions of
Chapter 3.10 in a 12 month period.
Section 4: NMC 3.05.100 is hereby amended as follows:
Fees: (a) [1.1 The fee for a kennel, dog fancier's
facile y, or dog musher's facility shall be $5 per dog in
the facility, up to a maximum of $25.
(b) [2.1 The fee for a dog license shall be $3 for a
steriMed dog and $5 for all other dog:.. The fee for
replacing a lost dog license tag with a duplicate shall be
$.25.
(c) [3.1 The fee for redeeming an impounded ar.imal
shallTie the sum of the impoundment and boarding fees
specified in this subsection, provided that if, within 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 Office shall refund to
the owner the impoundment fee for the animal. The refund
for sterilization shall be allowed only one for any animal.
(1) [al first impoundment fee: dog - $35 [$251; cat -
$W—[$5l;
M second impoundment fee within a 12 month Beriod
rom irs m oun men : do • cat---- 0 plus
coon` o s s license, andboardin2 fees as required
third impoundment fee and thereafter within a 1Z
month period rom first impoundment: do 5• cat -
0 us ct TEation,shots, license, and boardingfees
as re u red.
(4) boarding fee: dog and cat $3/day; other animal
weighing less than 15 pounds $3/day; other animal
weighing more than 15 pounds $5/day. The boarding foe
also shall include any other costs actually and
reasonably incurred by the Animal Control Office in
maintaining the animal, including, but not limited to,
medical care.
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(55 Any impounded animal which by reason of its give,
strength, dangerous propensities, or other char-
acteristics cannot reasonably be kept in the Animal
Control Shelter may be reclaimed upon payment of an
imvL•andment fee of $7.5 plus the actual costs reasonably
incurred by the Animal Control Uffice in impounding,
transporting, and keeping the animal.
(d) The fee for adopting an animal shall consist of a
charge of $10 to defray tFe cost of vaccinating the animal
to and help defray the cost of impounding and caring for the
animal.
Seetiun 5: KMC 3.10.060 is amended as follows:
Cruelty to Animals: (� [1.] No person may:
0 ) [a) intentionally kill an animal;
r72 [b] intentionally injure, torment, poison,
provoke, or otherwise abuse an animal;
� I ,C', maintain an animal without providing food,
waTer, and shelter adequate to preserve the animal's
health, or abandon an animal where it will not be
provided proper food, water, shelter, and care;
(4) [d] maintain an animal showing symptoms of an
infectious or contagious disease without keeping the
animal confined in a building or secure enclosure and
under proper care.
(b) [2) Subsection (a) (1] of this section does not apply
to:
11 [a] impounding, destruction, or other disposition
of a:: animal in a humane manner as authorized by law;
(2) [bi killing or injuring an animal where necessary
to protect a human being or domesticated animaj from
death or bodily injury;
(3) [c] the humane destruction of an animal by its
owner or the owner's authorized agent.
(c) D.] Animal fighting.
(1 [a] No person may cause an animal to fighi another
enimal or human being, whether for amusement of himself
or others or for financial gain; or
(2) [b] train, or keep for the purpose of training, an
aoi mal for exhibition in combat with an animal or human
being,
(3) [c] no person may permit his premises to be used
for the purposes described in paragraph (0) [3a] of
this subsection, or be present as a spectator at an
exhibition described in paragraph (cl) [3a] of this
subsection.
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s
(d) (4) Accident involving injury tr; animzi.
(1) [a] The: driver of a venicle involved in an
accident resulting in injury to an animal shall stop
the vehicle ss close to the scene of the accident as
possible and forthwith inform the owner of the animal
of the injury if fi— animal's ownership is t-eadily
ascertainable, or ;oiform the Animal Control Office of
the injury if the animal's ownership is not readily
ascertainable.
(2) (b) A driver shall inform the apprnpriate person
under paragraph (d1) of this subsection of the time and
location of thk accident, a description of the injured
animal, and the apparent nature of tt!e injury.
Animal trapping.
lNo person may use a trap within the _city limits
that� can kill mangle an animal.
Animal harassment.
o person may allow arty animal which he owns to
molest or harass wild or domesticated animals.
Section 6: KMC 3.20.010 is amended as follows:
Requirement for Licenses: A person who owns a dog over
the age of three 16 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.
Section 7: KMC 3.25.010 is amended as follows:
Impounding Procedure: (a) The following animals shall
be subject to impoundment:
(1) an animal found at large; and
(2) a dog not bearing a license tag as required by KMC
3.20.030.
(3) a vicious animal (dog or other).
(b) when an officer finds an animal subject to impoundment
and the officer knows the identity of the animal's owner,
the officer may cite the owner rather than impound the
animal.
(c) An officer may pursue an animal onto private property
in the course of effecting an impoundment under this
section.
(d) Method of Im oundment:
_ An nfricer of this code may capture an animal by
ina the animal at large to him.
i a citizen may also capture an animal at large
by this method for removal by the Animal Control
Officer.
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(2) When daemeo necessary the Chicf Animal Control
Uf'ficer ar is designee maycap ure an ac: ma a iar e
F�Eie use o a baited live ca Lure cam^r�a,
3_ _hen a publ c sa ety s in eopardy, the Chief
A�ma�Lon ro Officer or his designee may capture ur
es roy an animal by any aiesns.
PASSED 8Y THE COUNCIL Of THE CI1 OF KENAI, ALASKA, this 20th day
of June, 1984.
TOM WAG N R, r R
ATTEST: �-
i
ne _ Whelan; City er
first Reading: June 6, 1984
Second Reading: June 20, 1984
Effective Oates July 20, 1984
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