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HomeMy WebLinkAboutORDINANCE 0294-1976CITY OF REN^ I ORDINANCE NO. 294-76 AN ORDINANCE OF THE CITY OF KENAI, ALA,~KA, REPEALING CHAPTER ARTICLE I, DOGS - LICENSING AND REGU[,ATION8 AND ENACTING A CHAPTER 3, ARTICLE 1, DOe CONTROL. WHI]REAS, the present dog control ordinance, even if strictly enforced, would be ineffective to control the dog problem as it presently exists within the City of Kenai; and WHEREAS, only the enactment of an ordinance which prohibits all dogs from runninR at larg,~ can solve the dog problem; and WHEREAS, the institution of such a provision requires numerous changes in the present dog control ordinance, MOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Kenai, Alaska that: I{eetion 1. A~tiole 1 of Chapter 3 of the Code of the City of Kenai is hereby repealed in its entirety. Section 2. A new A~ticle 1 of Chapter $ of the Code of the City of ~ensi is hereby enacted, such A~tiole to read in its' entirety es fellows: CHAPTER Article I Animal Control Definitions Section 3-I. (a) As used in this article, "owner" means any person, fl~m, or co~'poration owning, harboring, or keeping a dog. (b) "At Large" means off the premises of the owner and not under the eont~,ol of the owner or a member' of his immediate family, either by leash or otherwise. (Ord. 15, 8ce. l, 10-17-61). (e) "Animal Control Officer" shall be the designated person by the City to perfom all duties as set forth by this ordinance, (d) "Kennel" - Any peraon, group of porsons, or corporation breeding, buying, keeping, selling, or boarding three or more do~s over the al{e of four months, whether for profit o.,' not. { Lteense Required Section 3-2. No dog owner shall keep any dog within the City after the 1st day of January, 1962, unless a license therfor has been secured. Licenses shall be issued by the Animal Control Officer for a fee of $3.90 fo.- each neutered male or spayed female dog and $0.00 for each unspayed female dog or non-neutered male dog. An applicant for e license for a spayed female or neutered dog shall present a statement from a qualified veterinarian indicating that the dog has been spayed or neutered and ~vtng the date of the operation. Licenses shall expire on the 1st day of Jenuary next following their issuance, ford. 15, §2, 10-17-61.) Date of Payment Section 3-3. It shall be the duty of each owner of a dog to pay the license fee imposed in Section 3-2 to the Animal Control Officer or authorized personnel on or before the fi~,st day of January in each year, or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the City. The Animal Control Officer shall cause a notice of the necessity of paying such license fee to be printed in a paper of general circulation within the City one time before the 15th day of December in each year. (Ord. 15, a3, 10-i?-61.) Receipt of Tags Section 3-4. Upon the payment of the license fee, the Animal Control Officer shall execute a receipt in duplicate. He shall deliver the original receipt to the person who pays the fee, retaining the dupllc~te. I-'e shall also procure a stUTteient number of suitable metallic tags, end he shall deliver one appropriate tag to the owner when the fee is paid. (Ord. 15, {~4, 10-17-61.) Affixin[~ Tags Section 3-5. The owner shall cause said tag to be affixed by a per, sanest metal fastening to the collau of the dog so licensed in such a manner that the tag may be easily seen by the officers of the City. The owner shall see that the tag is constantly worn by such dog. (Ord. 15, ~5, I0-17-61.) Impounding Seation 3-6. q'_h_e official designated to catch and impound any dogs in tho City shall be Animal Control Officer of the ~'.ity, under eontx, act or directly hired by the same. Said official "Animal Control Officer" shall have all of the authority end responsibilities as set forth in Chapter 3, Kenat Code, 1963. (Ord, 15, {$, I0-I?-61; Ord. 160, § 1, 3-19-69.) ORDINANCE NO. 294-76 - Page Two Notice of impounding_ Section 3-7. Upon taking up and impounding any dog as provided in Section 3-6, there shall be posted on the City Council Bulletin Board, a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG Date 19 TO WHOM IT MAY CONCERN: I have this day taken up and impounded in the pound of the City of I~enai, at street, (am) (pm), description of location a dog answering to the following description: Sex . Color , Breed , Approximate age , Name of Owner , City license number (ff any). . Notice is hereby given that unless such dog is claimed and redeemed on or before (am) (pm)on the day of 19 , the same will be adopted or destroyed as provided by ordinance. Animal Control Officer Redemption Section 3-8. Any dog may be redeemed from the pound by the owner within the time stated in the notice by the payment to the Animal Control Officer of the !!cerise fcc for the current year with an impounding fee of $25.00 and $3.00 for each day the dog is confined in the pound as the cost of feeding. (Ord. 15, §$, 10-17-61; Ord. 133, § 1, 3-20-68; Ord. 160, § 2, 3-19-69.) Release Section 3-9. Upon the presentation of a correct license tag and a receipt fox. a dog Hcense for the current year and for the fees provided in Section 3--8, the poundmaster shall release to any owner the dog claimed by him. (Ord. 15, §9, 10-17-61.) DupHcate Tags Section 3-10. In case any dog tag is lost, s duplicate may be issued by the Animal Control Officer upon presentation of a receipt showing the payment of the license fee for th.a current year. A charge of twenty-five cents shall be made for each such duplicate tag. (Ord. 15, §10, 10-17-61.) ORDINANCE NO. 294-76 - Pal~e Three Establishment of Pound Section 3-I2. The City Council is hereby authorized to designate a dog pound, or may contract for services, for the purpose of placing this article in effect. The City Manager may designate a poundmaster. (Ord. 15, 612. 10-17-61; Ord. 133, §3, 3-20-68; Ord. 160, §3, 3-19-69.) Confinement of Certain Do,Is. Section 3-13. (a) It shall be unlawful to allow any dog to run at large, whether or not licensed, within the corporate limits of the City of Kanai. Co) Dogs not wearing a collar and tag found running at large, anywhere within the City limits, shall be taken up by authorized personnel or ,~nimal Control Officer and impounded in the shelter designated by the Director of Public Works as the area animal shaltet', and there confined in a humane manner for a period of not less than 72 hours, unless claimed by the owner, and may thereafter be disposed of in a humane manner if not claimed by their own owners, or held for adoption. Dogs wearing a co]Jar and tagged found running at large within the City limits shall be impounded fox' not less than 120 hours, and if not claimed by the owner or given up for adoption shall then be disposed of in a humane manner. Immediately upon impounding any animal, the Animal Control Officer shall make reasonable effort to inform the owner of the conditions under which he may regain custody of such animal if said animal's owner is known to ~atd officer. No impounded dog shall be released from the animal shelter unless all impoundment fees shall have been paid to Animal Control Officer. No dog shall be released from the area animal shelter unless evidence of a valid license is provided. Restrictions on Certain Dogs Section 3-14. It is hereby dee!o~ed to be a nuisance and it shall be unlawful to keep, maintain or permit on any lot or parcel of land, any animals or household pets which by any sound or cry shall disturb the peace and comfort of any neighbor- hood ox' interfer with any persons' reasonable and comfortable enjoyment of life. No dog owner shall permit his dog to damage ~.-ly lawn, garden, or other property, other than his own. (Ord. 15, §14, 10-17-61) Interference with Officers Section 3-15. It shall be unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any dog therfrom, ox, to take or attempt to take from any officer any dog taken up by him in compliance with this article or in any manner to interfere with or hh~der such officer in the discharge of his duties under this article. (Ord. 15, ~15, 10-17-61.) The Animal Control Officer or authorized personnel is hereby empowered to enter upon any private property where a dog or other animal is kept, which dog is alleged to have bitten any person to inspect, seize and impound such dog under the provisions herein stated. ORDINANCE NO. 294-?6 - Page Four Offenses Involving Tags Section 3-16. It shall be unlawful to eounterfeit or attempt to counterfeit the tags provided for in Section 3-4 of this article or to take from any dog a tag legally placed upon it by its owner with the intent to place it upon another ;Icg. (Ord. 15, §I$, 10-17-61.) Tags Not Transferable Section 3-17. Dog tags shall not be transferable, and no refunds shall be made on any license fee because of leaving the City or death of the dog before the expiration of the license period. (Ord. 15, §17, 10-17-61.) l~abies -- Confinement of Suspected Dogs, etc. Section 3-18. (a) Whenever any person owning, possessing, or harboring any dog within the City limits shall learn that such dog has bitten any hum. an being, such person shall immediately impound ss~d dog, in a place of confinement to be designated by the City. 8aid place of confinement must prevent escape and include facilities placing the dog in total isolation from any human being or other animal. A report of the actions taken shall immediately be reported to the Animal Control Officer who shall notify all responsible officials. Whenever responsbile officials of the City shall learn that any human being has been bitten by any dog within the City, the identity of the dog shall be ascertained and the person owning, possessing, or harboring it shall immediately deliver said dog for impounding as required herein. Any dog so impounded shall be kept continuously confined for a period of 14 days from the day the do8 bit thc human being, and the owner, possessor, or person harboring the said dog shall be responsible for such charges as may be required for impounding, including but not limited to a fee for isolation of the said dog, food for the dog, and special charges required for rabies prevention. Co) Upon leaz. ning that a dog has bitten a human being, the Animal Control Officer shall immediately notify the Department of Health and Welfare and inform the said state agency of the place where the said dog i~ impounded. The City shall contract with persons knowl~.dgeabl~ 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 shall have access to the premises where the dog is kept at all reasonable hours, 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 per!od of conf~,~ement and shall promptly deliver its carcass to the appropriate agency in the event of the animal's death during the said period. During the period of confinement, the owner, person in possession, or person harboring such dog shall be liable for all expenses of confining such dog in isolation. ORDINANCE NO. 294-76 - Page Five (c) Whenever the prevalence of hydrophobia renders such action necessary to protect the public health and safety, the mayor shall issue s proclamation ordering every person owning or keeping a dog to confine him su~t~i¥ on his premises unless he is muzzled so that he cannot bite. ~To person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed by the proclamation shall be killed by the police without notice to the owner. (Ord. 15, §18, 10~17-61; Ord o 37, § 1, 12-5-62.) Confinement of Other Animals 8usI)ected of ~bies Section 3-19. In the ~vent any animal other than a dog, shall require confinement for purpose of observation for hydrophobia, or rabies, then such animal shall be treated in the manner specified for handling rabid dogs. (Ord. 37, 12, 12-5-62.) City to Pay Expenses of Confining Such Dogs, when Section 3-20. In the event an owner, person in possession or person harboring a dog or other animal cannot be held responsible for expenses required for confinement for observation of a rabies-infected animal, then the City shall be authorized to assume the expenses imposed by this article. (Ord. 37, §3, 12-5-62.) Kennels Section 3-21. Bio person, firm, or corporation shall maintain in this City a kennel where dogs are kept fox. sale without securing a license therefor from the City Clerk. The license fee shall be $25.00 per year. This fee shall be in addition to the license fee prescribed in preceding sections for each dog kept in such kennel. (Ord. 15, IlO, 10-17-61.) Vaccination Section 3-22. No license shall be granted fox' a dog which has not been vaccinated against rabies as provided in this section during the 90~day period preceding the making of an application for such license except that when a dog is fie'st licensed for an entire year hereafter, the license may be issued ff the do~ has been vaccinated within a period of .-ix months preceding the application for a license. Vaccination shall be performed only by s doctor qualified to practice votex, inary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete in duplicate a certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application, and one copy shall be retained in the veterinarian's files. Upon issuance of a proclamation, by resolution of the City Council, no further applications will be accepted pursuant to Section 3-2 of this article until the applicant has first complied with the provisions of this section. (Ord. 15, 120, 10-I?-61.) ORDINANCE BIO. 294-76 - Page Six Penalty Section 3-23. Any person, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 or imprisonment in Jail for not more than 30 days. (Ord. 15, §21, 10-17-61.) PASSED BY THE COUNCIL OF THE, CITY OF KENAI , ALASI~ THIS 7th OF July · ~?.~. DAY ATTEST: 8udC. Peter, City Clerk CITY OF KENAI, ALASKA FIRST READING: SI~COND READING: EFI:ECTIVE DATE: June 16, 1976 July ?, 1970 August 7. 1976