HomeMy WebLinkAboutOrdinance No. 2352-2008SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
NO. 2358-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
REQUIREMENTS FOR THE PROPER DISPOSAL OF DOG SOLID WASTE
(EXCREMENT) DEPOSITED ON PUBLIC PROPERTY OR PRIVATE PROPERTY NOT
OWNED OR LAWFULLY POSSESSED BY THE OWNER OR KEEPER OF THE DOG
AND AMENDING THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO
INCLUDE A STANDARD FINE OF $SO FOR VIOLATION OF THE REQUIREMENTS.
WHEREAS, the ordinances of the City of Kenai do not currently require the person(s)
in ownership or control of a dog that deposits its solid waste (excrement)on public
property or private property not owned or controlled by the owner or keeper of the dog
to properly dispose of the dog's waste (excrement); and,
WHEREAS, the owners or keeper of dogs who deposit excrement on public property or
private property of another person should be required to immediately properly dispose
of such excrement; and,
WHEREAS, requiring immediate disposal of such excrement will be beneficial to the
public health and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a
new section to be number KMC 3.10.080 and amending the fine schedule in KMC
13.10.015 as set forth below.
Section 1.
KMC 3.10.080 Disposal of Dog Solid Waste
(al Definitions.
Immediate -shall mean that the pet solid waste is removed at once, without
delay.
ll Owner/Keeper - an~person who shall possess, maintain, house or harbor
any pet or otherwise have custody or control of any doh whether or not the
owner of such pet.
ll Person -any individual, corporation, company, partnership, firm,
association or political subdivision of this State subiect to municipal
iurisdiction.
ll Dog - dog shall mean domestic or domesticated member of the family
canidae.
New Text Underlined; [1~FLETFL) TEXT BRACKETED]
Substitute Ordinance No. 2352-2008
Page 2 of 3
Doi solid waste -waste matter expelled from the bowels of the doh;
excrement.
1~ Proper disposal -placement in a designated waste receptacle, or other
suitable container and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal into a
system designed to convey domestic sewage for proper treatment and
disposal.
(b) Requirement for Disposal. All doh owners and keepers are required to
immediately and properly dispose of their dog's solid waste deposited on any property,
public or private not owned or lawfully possessed that person.
(c) Exemptions Any owner or keeper who requires the use of a disability assistant
doe shall be exempt from the provisions of this section while such animal is being
used for that purpose.
Section 2.
13.10.015 Minor offenses amendable to disposition without court appearance by
payment of a fine.
Cite Rule/Offense Fine ''
ANIMALS
~ 55 KMC 3.10.010 Interference with peace or privacy (1st
offense) $ 50.00
56 KMC 3.10.010 Interference with peace or privacy (2nd
offense) 100.00 ~
57 KMC 3.10.020(a, b '
and d) Control and confinement of animals
(1st offense) 50.00
58 ; KMC 3.10.020(a, b
and d) Control and confinement of animals
(2nd offense) 100.00
59 ~ KMC 3.20.010 Failure to license a dog 25.00
60 KMC 3.10.080 e to properly dispose of doh 50.00
waste
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
October, 2008.
~ _.~~2~' Ll~-~/~4
PAT PORTER, MAYOR
Vew Text Underlined; ~DELSTED TEXT BIZACKETEU]
Substitute Ordinance No. 2352-2008
Page 2 of 3
ATTEST: ~~-'
Carol L. Freas, City Clerk
Introduced: October 1, 2008
Adopted: October 15 2008
Effective: November 15, 2008
New'I~xt Underlined; [DELETED TEXT BRACKETED]
"~°lla e t~et ~ Est, Gi remit a r~t~~e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 /Fax: (907) 283-3014
www.ci.kenai.ak.us
TO: Mayor Porter and the Kenai City Council
FROM:C~('~ Cary R. Graves, City Attorney
DATE: October I5, 2008
RE: Substitute Ordinance 2352-2008 -Proper Disposal of Dog Solid Waste
Substitute Ordinazice No. 2352-2008 adds a fine of $50 for violation of the ordnlvlce to the fine
schedule. If Council wishes to adjust the fine amount in the ordinance, it can change it by
motion.
Please let me lrnow if you have auy questions or would like any further information.