HomeMy WebLinkAboutORDINANCE 0509-1979____ >---
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CITY OF KENAI
ORDINANCE NO. 509-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING THE KENAI CODE AS AMENDED PROVIDING FOR A NEW
ANIMAL CONTROL ORDINANCE TO REPLACE THE EXISTING ANIMAL
CONTROL ORDINANCE.
WHEREAS, the City of Kenai presently has an animal control
ordinance, Ordinance 294 which is codified in Sec. 3-1
through 23 of the Kenai Cede as amended and in 3.10.010
through 3.10.210 in the 1979 revision of the Kenai Code, and
WHEREAS, the present ordinance is deficient in that it does
not give the animal control office citation issuing authority
which deters from his ability to provide adequate animal
control, and
WHEREAS, the revis~:d propoced ordinance is more comprehensive
in its approach to the subject of animal control,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1: Ordinance 294 is hereby repealed in its
entirety and its codification in Sec. 3-1 through 23 of the
Kenai Code as amended and its codification in Title 3 of the
1979 code revision.
Section 2: Anew Title 3, Animal Control, a copy of
which s~ attached hereto and incorporated herein, is hereby
adopted by the Council of the City of Kenai as the new animal
control ordinance, and shall be codified in the Kenai Code
as amended.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th
day of July, 1979.
~ " ~ ATTEST
~~
~`~ S. C. Peter, C ty Clerk
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VINCENT O' REILLY vDRArY R
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C~ y
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First Reading: June 20, 1979
Second Reading: July 5, 1979
Effective Date: August 5, 1979
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Title 3
ANIMAL CONTROL
Chapters:
3.05
3.10
3.15
3.20
3.25
3.30
General Provisions
Standards for. the Keeping of Animals
L cense Facilities `
Dog L censes
Im oundment
Rab es Control
3.05.010 GENERAL PROVISIONS; Definitions: As used in
Title 3:
1. "Animal" means all domestic or domesticated members
of the Kingdom Aninalia.
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 "comgerdium of animal rabies vaccines"
prepared by the Rabies Subcommittee of the national Academy
of Sciences and by the National Association of Stag Public
Health Veterinarians, Inc. (1978); (b) administered in
accordance with state law; and (c) evidenced by a rabies
vacci:ation certificate in a form approved by the State
Division of Puhl.ic Health.
5. "Dog" means a domestic or domesticated member of
the family Canidae.
6. "Dog fancier's facility" means a premises where a
person owns 5 or more dogs over the age of 4 months, and
which is neither a kennel nor a dog musher's facility.
7. "Dog musher's facility" means a premises where a
person owns 5 or more dogs over the age of 4 months prin-
cipally for the purpose of dog mushing, and which is not a
kennel.
8. "Kennel" means a premises where a person owns 4 or
more dogs over the age of 4 months in the operation of a
business subject to taxation under A.S. 43.70, which business
includes the buying, selling, training, boarding or breeding
of dogs.
9. "Officer" means a person charged by law with the
duty to enforce provisions of this title.
10. "To own" an ani:~~al includes having title, keeping,
harboring and having custody or control of an animal.
11. "Person" includes individual, joint venture, partner-
ship, corporatioty or unincorporated association.
12. "Restrain" means: (a) physical confinement, as by
leash, chain, fence or buildi.ngt or (b) under ca:,,petent
voice control when an animal is engaged in an activity or
form of training requiring that it not be physically confined;
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or t~) when an animal is
13. "Sterile" means
by surgical operation.
14. "Vicious animal"
or attacked a human being
on the property of its owner.
rendered incapable of reproduction
means an animal which has bitten
without provocation.
3.05.020 Animal Control Office: There shall be an
Animal Control O f ce wh ch, except as this title provides
otherwise, shall be the entity responsible for the admfn-
fatration of this title.
There shall be in the Animal Control Office an Animal
Control Shelter for the keeping of animals which the Animal
Control Office impounds or otherwise assumes custody of
under this title.
3.05.030 Animal Control Officers: There shall be a
chief animal contro o f cer who shall be appointed by the
Public Works Director.
The Public V7orks Director may appoint one or more
deputy animal control officers.
3.05.040 Fowers and Duties of Animal Control Officers:
The chief animal control o cer shall adm n ster the An mal
Control Office.
The chief animal control officer and any deputy animal
control officer have the powar and duty to:
1. Enforce the provisions of this title in the field
and in the case of deputy officers under the supervision of
the chief animal control officer;
2. File complaints and serve summonses and complaints
for violations of this title.
3.05.050 Recordss The chief animal control officer
shall maintain complete and detailed records ofs
1. the issuance and :.evocation of licenses under this
titles
2. all animals brought into the custody of the Animal
Control Office by impoundment or otherwise;
3. the disposition of all animals in the custody of
the Animal Control Offices
4. reports required by :~~ction 3.30.010 and the Animal
Control Office's investigations thereof;
5. investigations of violations of this title; and
6. monies received for fees and charges imposed by
this title.
The Ar.:azal Control Office shall not disclose the identity
of a person who adopts an animal from the Animal Control
Shelter unless the chief animal control officer determines
that the public health, safety or welfare recittires the
disclooure.
3.05.060 Penalties and Remediess Except as this
section provides otherw se, a p®rson who violates a provision
of this title, a term, condition or provision of a licenso
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issued hereunder, or a City regulation promulgated under
this title shall, upon conviction, be subject to a fine of
not more than 5100.
In addition to, or 7is an alternative to the criminal
penalty aforem~esitioned, any person violating any provisions
of this title shall be subject to a civil penalty of not
more than $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
fens and costs from the court in prosecuting such an action.
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3.05.070 Citation Procedure: 1. An officer. may serve
a summons and comp a nt m e orm 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. 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.
3. An officer who :.asues a summons and complaint under
this section shall 8eposit 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 f:enai. Thereafter, the summons
and complaint may be disposed of only by official action.
4. 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.
3.05.080 Re ulationss The chief animal control officer
may promulgate regulat ons, raecessary and convenient to the
administration of this title, including but not limited tos
1. Providing the form of applications, licenses and
other documents used in the administration of this title.
2. Providing the form, recording and control of citations
to be used under Section 3.05.070, and the form and control
of citation books.
3. Declaring exceptions to Section 3.10.050 to allow
animals in the street for the purpose of participating in
races, shows or other temporary sporting or festive events,
and to excludo nonparticipating animals from the vicinity of
such events.
4. Establishing fees and charges as authorized by this
title.
5. Establishing procedures for offering animals for
adoption.
6. Interpreting the provisions of this title.
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3.05.090 Inspections: 1. During normal business
hours, an officer ma;~, upon presentation of proper identi-
fication, inspect premises where animals are kept to deter-
mine whether the cuimals are being kept in compliance with
this title.
2. Where the Constitution of the United States or of
the State of Alaska so requires, the officer shall obtain an
administrative search warrant authorizing an inspection and
exhibit the warrant to the person in charge of the premises
before conducting the inspection. The officer may apply to
the trial courts of the State of Alaska to obtain an inspection
warrant, stat.fr~g in the application the name and address of
the premises to be inspected, the authority to conduct the
inspection, the nature and extent of the inspection, and the
facts and circumstances justifying the inspection. Warrants
issued under this section shall be returned vrithin 10 days.
3. Where the chief animal control officer finds the
action is necessary to prevent an imminent and substantial
danger to the public health, safety or welfare, he may
authorize an inspection permitted by subsection 1 of this
section to be made without a warrant upon obtaining the
prior approval of the City Attorney and City Manager and in
either one of their absences, the Mayor.
4. The chief animal control officer may conduct an
animal census of the municipality at such intervals as he
deems appropriate. The chief animal control officer may
authorize those who take the census to accept applications
for, and to issue, licenses under Chapters 15 and 20 in the
field.
3.05.100 Fees: 1. The fee for a kennel. dog fancier's
facility or dog musher's facility shall be $5 per dog in the
facility, up to a maximum of $25.
2. The fee for a dog license shall be $3 for a sterilized
dog ?nd $5 for all other dogs. The fee for replacing a lest
dog license tag with a duplicate shall be $.25.
3. The fee for redeeming an impounded animal shall be
the sum of the impoundment and boarding fees specified it
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 once for any animal. (a) impoundment
fee: dog $25; cat $5. (b) boarding fee: dog & cat S3/day;
other animal weighing less than 15 pounds $3/day; other
animal weighing more than 15 pounds $5/day.
The boarding fee 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. (c) Any impounded animal which by reason of
its size, strength, dangerous prcpensities or other charac-
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teristics cannot reasonably be kept in the Animal Control
Shelter may be reclaimed upon payment of an impoundment fee
of $25 plus the actual costs reasonably incurred by the
Animal Control office in impounding, transporting and keeping
the animal.
4. The fee for adopting an animal shall consist of a
charge of $10 to defray tr;e cost of vaccinating the animal
and to help defray the cost of impounding and caring for the
animal.
3.10.010 ANIMAL CREATING A DISTURBANCE: No person may
permit an animal which he owns to annoy another person by
interfering with the letter's sleep, work or reasonable
right to peace or privacy by making repeated or continued
noise.
3.10.020 Control and Confinement of Animals: 1. A
person who owns a dog shall keep the dog under restraint at
all times.
2. 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 ~.ander restraint
at all times.
3. A person who owns a vicious 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.
4. 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.
5. 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.
3.10.030 Maintenance and Sanitation: A person who
owes an animal shall ma ntain all structures, pens and yards
where he keeps the animal, and all areas adjacent thereto,
in a clean and sanitary condition and free from objectionable
odor.
3.20.040 Diseased Animals: No person may sell an
animal which the person knows to be diseased, injured or
otherwise physically defective without disclosing to the
buyer the nature of the disease, injury or defect.
3.10.050 Animals Near Street: No person may tie,
stake or otherwise conf ne an animal within a street, side-
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walk, alley or public place, or in such a manner that the
anima]. may enter a street alley or public place, except as
permitted under Section 3.OS.080.
3.10.060 Cruelty to Animals: 1. No person may: (a)
intentionally kill an animal; (b) intentionally injure,
torment, poison, provoke or otherwise abuse an animal; (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; (d) maintain an animal showing symptoms of
an infectious or corf.ugious disease without keeping the
animal confined in a building or secure enclosure and under
proper care.
2. Subsection 1 of this section does not apply to: (a)
impounding, destruction or other disposition of an animal in
a humane manner as authorized by law; (b) killing or injuring
an animal where necessary to protect a human being or domes-
ticated animal from death or bodily injury; (c) the humane
destruction of an animal by its owner or the owner's authorized
agent.
3. Animal fighting. (a) no person may cause an animal
*c'fic(ht another animal or human being, whether for amusement
of himself or others or for financial gain; or (b) train, or
keep for the purpose of training, an animal for exhibition
in combat with an animal or human being. (c) no person may
permit his premises to be used for the purposes described in
paragraph 3a of this subsection, or. be present as a spectator
at an exhibition described in paragraph 3a of this subsection.
4. Accident involving injury to animal. (a) 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.
(b) A driver shall inform the appropriate person under
paragraph 4a of this subsection of the time and location of
the accident, a description of the injured animal and the
apparent nature of the injury.
3.15.010 LICENSE REQUIRED: No person may operate a
kennel, dog fancier s fac lity or dog musher's facility
without having a license therefor issued pursuant to this
chapter.
3.IS.020 Licensing Procedure: 1. Application for a
license under this chapter shall be to the chief animal
c~~ntrol officer. The application shall include; (a) the
name and address of the applicant; (b) the number and breeds
of dogs to be kept in the facility; (c) the type of facility
the applicant proposes to operate under the license, and a
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description of the proposed facility sufficient for the
chief animal control officer to determine whether the facil-
ity should be licensed as a kennel, dog fancier's facility
or dog musher's facility. An application for a kennel
license 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. (d) 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; (e) 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 thc~ location
and use of structures on adjacent lots. The diagram need
not be based upon a formal survey of the premises. (f) the
license fee required by Section 3.05.100; (g) proof of a
current rabies vaccination for each dog kept in the facility
that is over the age of 3 months.
2. The Animal Control Office shall not issue a license
under this chapter to any person who has been convicted of
neglecting ~r. animal or cruelty to an animal.
3. The Animal Control Office shall nit 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 Section 3.15.050.
4. The Animal Control Office shall prepare a written
raport of the inspection's findings, including any reason
why the proposed facility doss not meet the standards set
forth in Section 3.15.050 and any steps which the applicant
may take to m..ake the facility qualify for a license. The
Animal Control Office shall give the applicant a copy of the
report.
5. A license issued under this chapter shall expire
on December 31st of the year in which it is issued.
6. An application to renew a license issued under this
chapter shall be made at least 30 days after the license
expires, and shall be made in the same manner as an appli-
cation for a new license, provided that the applicant may
rely upon materials submitted with his original applica*ion
to the extent they accurately portray the current condition
of the facility.
7. The applicant shall b. 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 applict~ble City, Borough
or State laws or regulations.
8. The applicant shall agree in writing that the
kennel, dog fancier's or dog musher's facility may be inspected
by the chief animal control officer or his designee at any
time during business hours of the permitted.
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3.15.030 License Revocation: 1. If an inspection of
a facility licensed undez~ this chapter reveals: (a) the
f~scility constitutes a health hazard; (b) tY~e facility
violates a City or Borough ordinance or regulation. (c) 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.
2. The inspecting agency shall allow a facility operator
who has been notified of a violation under subsection 1 of
this section a reasonable time not exceeding 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.
3. Zf after refnspection the inspecting agency determines
the violation has not been cured, or that new violatiorr~
have occurred, the chief animal control officer may commence
a proceeding to revoke the license for the facility under
Section 3.15.040.
3.15.040 Hearin s--A eals. A person aggrieved by
the granting, 1 m t ng, cond t oning or dEnying of a license
under this chapter may, within 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
aggrieved may appeal the decision of the chief animal control
officer to the City Council within 30 clays whose decision
shall be final.
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 30
days of the decision whose decision shall be final.
3.1.050 Standards For O eratfn Facilit Zn operating
a kennel, dog fanc er s ac 1 ty or dog musher s facility
the operator shall:
1. 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.
- 2. Provide shelter adequate to preserve then health of
the animals kept in the facility.
3. Maintain the facility in a sanitary condition.
4. Provide for the adequate care and feeding of animals
kept i.n the facility.
- 5. Design and equip the facility so as to keep all
~ ataimals on the premises.
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6. Keep on that number of animals in the facility
which is safe and health for the facility's sake.
7. Maintain the facility in such a manner that it does
not constitute a nuisance to owners ar occupiers of land in
its vicinity.
3.20.010 LICENSES REQUIRED: A person who owns a dog
over the age of 6 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.
3.20.020 Licensinc Procedure: 1. Application for a
dog license shall be to the ch of animal control officer.
The application shall include: (a) the name and address of
the owner of the dog; (b) the name, breed, color, age and
sex of the dog; (c) proof that the dog has a current rabies
vaccination; (d) the license fee required by Section 3.05.100;
(e) written proof that the dog is sterile, if the owner
seeks to qualify for the reduced license fee under Section
3.05.100(2).
2. A dog license shall expire on December 31st each
year.
3. An application to renew a license issued ~:.~.sder this
chapter shall be made at least 30 days before the license
expires, and shall be made in the same manner as an application
for a new license.
3.20.030 Do License Ta s and Recei ts: For each dog
licensed under th s chapter, t e An ma Control Office shall
issue the owner a numbered receipt and a tag stamped with an
identification number.
To be licensed ui;der this chapter, a dog must beat 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.
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 of ?,icenses: The chief animal
control officer may perm t the submission of applications
for licenses, and the issuance of licenses, under this
chapter by mail.
3.20.050 E:temptions: Section 3.20.010 does not apply:
1. 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 30 days.
2. To a person who presently has resided in the city
for no more than 30 consecutive days.
3. To a person who does not maintain a permanent
residence in the city when that person owns dogs for dog
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mushing pur~,oses for more than 30 days but no more than 90
days during the doq mushing season, provided he obtains a
temporary dog musher's license. The Animal Control Office;
shall issue a temporary dog musher's license for no charge
upon proof that all dogs for which the license is to be
issued have a current rabies vaccir~ation.
4. To a blind person, for the ownership of a seeing
eye dog, or to a deaf person, for the ownership of a hearing
dog.
3.25.010 IMPOUNDMENT PROCEDURE: 1. The following
animals shall be subject to impoundment: (a) an animal found
at large; and (b) a dog not bearing a license tag as required
by Section 3.20.030.
2. When an officer finds an animal subject to impound-
ment and the officer knows the identity of the animal's
owner, the officer may cite the owner rather than impound
the animal.
3. An officer may pursue an animal onto private property
in the course of effecting an impoundment under this section.
3.25.020 Procedure U on Im oundment: An officer shall
take an animal that he has mpounded to the Animal Control
Shelter where the animal shall be confined in a humane
manner for a period not less than that prescribed in Section
3.25.030.
Immediately upon receiving an impounded animal, the
Animal Control Shelter shall make a reasonable effort to
notify the animal's owner of the impoundment and the conditions
under which the owner may recover the animal.
The Animal Control Office may file a complaint against
the owner of an animal impounded for creating a disturbance
or being at large.
3.25.030 Minimum Term of Im oundment: Unless it is
subject to redempt on and s sooner redeemed by its owner
pursuant to Section 3.25.040, a dog bearing a l:~cense tag as
required by Section 3.20.030 shall be impounded for not less
than 120 hours, and any other animal shall be impounded for
not less than 72 hours, provided that an impounded feral
animal endangering Animal Control Shelter personnel may be
destroyed forthwith.
3.25.040 Redem tion of Im ounded animal: Subject to
subsection 2 of th s section, the owner may redeem an impounded
animal upon proving his compliance as to that animal with
the applic~;.~ie licensing requirements of Chapter 15 or 20,
and paying the applicable impoundment fees set forth in
Section 3.05.100.
The following animals shall not be subject to redemption:
1. an animal that, in the judgment of a licensed
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veterinarian, ought to be destroyed for humane reasons.
3.25.050 Availability For Adoption: 1. At the end of
the minimum term af~mpoundment for an animal, or after such
further perio3 of impoundment as the chief animal control
officer may allow, the chief animal control officer shall
determine whether the animal shall be made available for
adoption.
2. None of the following animals may be made available
for adoption: (a) an animal that shows symptoms of a major
infectious or contagious disease, as determined by the chief
animal control officer; (b) an animal that in the judgment
of a licensed veterinarian ought to be destroyed for humane
reasons; (c) an animal determined by a court of competent
jurisdiction to be vicious; (d) an animal that is the subject
of a hearing or appeal under Section 3.25.080.
3. The chief animal control officer shall determine
the term during which an animal shall be held available for
adoption, and the procedure for selecting the person entitled
to adopt a particular animal.
3.25.060 Adoption Procedure: A person adopting an
impounded animal shall pay an adoption fee to help defray
the cost of impounding and caring for the animal in accordance
wiL•h Section 3.05.100.
A person adopting an animal shall comply with the
licensing requirements of Chapter 15 or 20 as they apply to
that animal.
The chief animal control officer may require by regulation
that no impounded cat or dog may be adopted unless the
animal has been spayed or neutered. Zf spaying or neutering
is required under this subsection and is necessary at the
time of the dog's or cat's adoption, the spaying or neutering
of the animal shall be done at the prospec*ive owner's
expense.
3.25.070 Dis osition of Animals Not Made Available
For Ado tion: An mpounded an mal that s the subject of a
hear ng or appeal pursuant to Section 3.25.080 or criminal
proceedings before a court of competent jurisdiction shall
be held in the Animal Control Shelter pending a final
decision and any appeals from that decision.
An animal other than one described in subsection 1 of
this section that is not subject to redemption, and for any
of the reasons stated in Section 3.25.050(2) a-c is not
being held for adoption, may be disposed of in a humane
manner.
3.25.080 Hearin s--Appeals: 1. A person who owns an
impounded animal, who snot the subject of criminal proceed-
ings related to the impoundment of that animal and who
cannot redeem the animal because: (a) the animal is not
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subject to redemption under Section 3.25.040(2); or (b) the
chief animal control officer has disposed of the animal
under Section 3.25.050 or Section 3.25,070 may, within 30
days after the impoundment of the animal, 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 hearin~3.
The decisions of the chief animal control officer may be
appealed to the City Council within 30 days. The decision
of the City Council shall be final.
2. The purpose of the hearing shall be to determine
whercher: (a) the animal was lawfully impounded; and (b) the
animal was lawfully wfthheld from redemption or disposed of.
3. If, on the basis of the hearing, the chief animal
control officer or his designee finds the impoundment, with-
holding from redemption or disposition of the animal was not
in accordance with law, the chief animal control officer
shall: (aj if the animal is in the custody of the Animal
Control Shelter, order that the animal be returned to its
owner; (b) if the animal has been disposed of, recommend to
the Public Works Director and City Manager that the City
Council authorize an award to the owner of compensation in
the amount of the fair market value of the animal at the
tiiue of. impoundment.
4. A person aggrieved by th.; decision of the chief
animal control officer or his designee or an award authorized
by the City Council may within 30 days of that decision
appeal the decision to the City Council whose decision shall
be final.
3.25.090 Protective Custod 1. when an officer
finds it is necessary t at an an mal not subject to impound-
ment be taken into the custody of the Animal Control Shelter
to preserve the animal's health or safety, the officer may
take the animal into protective custody.
2. The Animal Control Shelter shall maintain an animal
in protective custody until the animal is redeemed by its
owner, or for a minimum of 10 days, after which time the
animal may be disposed of as an impounded animal.
3. 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 Section
3.05.100(3)b or (3)c.
4. A person who owns an animal taken into protective
custody a.nd disposed of as an impounded animal may obtain a
review of -*.hat disposition as provided in Section 3.25.080.
3.25.100 Interference with Officer or Em to ee: No
person may inter erQ w th h nder or molest an o cer or
Animal Control Shelter employee in performing a duty under
this title.
No person may release or attempt to release an animal
from t~:~ custody of an officer or the Animal Control Shelter.
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3, 30.010 RAf3iL~5 CONTItOL• RE ortiny tt~ciuired: 1. The
owner of an anima3 a ch an b tten a person shall notify
the Animal Control Office promptliy cyf. the incident.
2, A gsrsvn •~ho has been bitten by an animal €shall
notify the Animal Control Office promptly ®f, the; incident.
3. A physician ur other practitioner of medicine who
treats a person for an animal bite shall report to the
Animal Control Office pr-omptly the name and address of the
person treated and such other information as may aid the
Animal Control Office i.n the control of rabies.
4. A licensed veterinarian shall report to the Animal
Control Office every animal which he examines and cuspecta
to be infected with rabies.
3.30.020 Dis osition of Animalss 1. Zf an officer
finds an animal su ect to mpoun meet under Chapt.:r 25 and
that animal has been reported to the Animal Control Offices
under Section 3.30.010, or otherwise is sugpacied of being
infected with rabies, the officer shall impound the animal.
If the animal is not redeemed within the minimum term of
impo±mdment provided by Section 3.25.030, the chief animal
control officer may direct that the animal be disposed of
under subsection 3 of this section. Otherwise the animal
shall be quarantined as provided in Section 3.30.030.
2. ern anl.mal other than an animal impounded under
subsection 1 of this section that fors bitten a parson shall
be quarantined as provided in Section 3.30.030.
3, When an animal has been diagnosed as rabid, or a
licensed veterinarian suspects the animal is rabic, the
Animal Control Office shall so notify the Aepartment of
Health and Welfare.
4. An unvaccinated animal that has been bitton by an
animal diagnosed as rabiB shall be destroye8 immediately.
1f a bitten animal has a current rabios vaccination, the
animal shall be revaccinatod immodiatoly and quarantined as;
provided in Section 3.30.030(2) and 3 for 30 days.
5. Except as this chapter provides otherwise, no
person may kill a rabid animal or an animal subject to
quarantine under this chapter, except to deft3nd a human
being from death or bodily injury.
6. The carcass of an animal susp®etod of being infected
with rabies shall upon demand bo surrendered to the state
Department of Health and Wolfaro.
to
or
The
of
be
2b
its
3, 30.'13^ ~•±arantino of Individual~~nimal s• 1. subject
Suction 3.30.O~ , an an mal t at as -~:..c:tc~iY:Y Ay ~suncf.uring
breakinr;~ the skin of a person shall bo quarantined immediately.
chief ,animal control officer shall determine the duration
the qua+~antine of the animal, but that duration sghall not
less then 10 days nor mono than 14 flays.
2. Conditions of quarantines (a) subject to subsections
through 2d of this section, while an animal is quarantined,
owner shall confine the animal indoors or i
enclosure so that it cannot 1gavQ his premiaas,
n a secure
or come in
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contact with persons or other animals. The animal may be
taken outdoors for brief periods to relieve itself, provided
it is kept on a secure leash under the control of an adult.
The animal m~~y be kept under equally secure conditions at a
veterinary r~ospital or boarding kennel of the owner`s choice.
The owner shall inform the Animal Con•~rol Shelter where he
is keeping the animal. Upon learning that a dog has bitten a
human being, the animal control officer shall immediately
notify the Department of Health and 4~elfare and inform said
state agency of the place where said dog is impounded. The
City may contract with persons knowlerigeable with care and
handling of well and sick dogs for inspection of the said
dog for the 14 days of confinement to determine whether such
dog is infected with rabies. For this purpose, persons so
designated by the City and the animal control officer shall
have access to the premises where the dog is kept at all
reasonable ;lours, and may take possession of the dog and
confine it in the designated dog pound of the City or other
suitable place at the expense of the owner. The owner or
person in possession of harboring such dog under observation
shall immediately notify the Department of Health and welfare
of the State of Alaska of any evidence of sickness or disease
in the dog during its period of confinement and shall promptly
deliver its carcass to the appropriate agency in the event
of the animal's death during the said period. (b) No person
may release an animal from quarantine without the written
consent of the chief animal control officer. The Chief
Animal Control Officer may require that an animal be inspected
before releasing it from quarantine. (c) No person may
remove a quarantined animal from the city without notifying
the chief animal control officer in writing at least 48
hours before the intended removal and obtaining the written
consent of trse c.~ief animal control officer to the removal:
(d) The chief anit:~al control officer may direct that a
quarantined animal be confined at the Animal Control Shelter.
3. The owner of a quarantined animal shall bear the
expense of keeping the animal while it is quarantined,
wherever it is kept and whether the location of its quarantine
is selected by its ovrner or directed by the chief animal
control officer. When a quarantined animal is kept at the
Animal Control Shelter, the owner shall be charged for its
upkeep in accordance with Section 3.05.100(3)b or 3c.
3.30.040 Areawide Quarantines 1. When the City
Manager finds t at an an ma n t e city has been positively
diagnosed as infected with rabies, the Mayor may declare an
areawide rabies quarantine for a period of 30 days.
2. During an areawide quarantine every animal shall be
confined in accordance with Section 3.30.030. No animal
subject to areawide quarantine may be removed from the city
without the written permission of the .layer or his designee.
3. If additional positively diagnosed cases of rabies
occur during the areawide quarantine period, the Mayor may
extend the duration of the areawide quarantine for up to an
additional 6 months.
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.~ ~
4. No person shall violate the Mayor's proclamati~~~
and any dog running at large during the time fixed by the
proclamation shall be killed by the Police or animal control
officers without notice to the owner.
3.30.050 Rabies Immunization Re uired: No person may
own a dog or cat over 3 months o age that does not have a
current rabies vaccination.
3.30.060 Immunization Records: 1. Upon immunizing an
animal for rabies, a 1 censed veterinarian shall record on a
rabies vaccination certificate form approved by the State
Division of Public Health, in triplicate, the following: (a)
the name and address of the owner of the animal; (b) the
name, age, sex, breed and color of the animal] (c) the date
of the immunization; (d) the type of vaccine used; and (e)
the name and signature of the veterinarian performing the
immunization.
2. The veterinarian shall give the original copy of
the form to the owner of the animal, and may retain the
second copy.
3. The city may supply licensed veterinarians with the
forms described in subsection 1 of this section.
3.30.070 Use of False Certificates Prohibited: No
person may issue or trans er a cert cate or race pt for a
rabies immunization where the person knows that no s4c;h
immunization has been administered.
No person may procure, receive, use or attempt to use -~
a certificate for a rabies immunization as proof of the
immunization for any ar;~^^1 other than that for which the
certificate or receipt was issued. ,
3.30.080 Annual Rabies Vaccination Clinicz At least
annually the An ma Control O ce shall assure that a
rabies vaccination clinic is held at which vaccinations
shall be available.
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