1996-12 Amending Chapter 6 Animals Small Domesticated Animals and Farm AnimalsKODIAK ISLAND BOROUGH
ORDINANCE NO. 96 -12
Introduced by: Assemblymember Burt
Requested by: Assemblymember Burt
Drafted by: Assemblymember Burt
and Animal Control Task Force
Introduced: 09/05/96
Postponed: 09/19/96
Public Hearing: 10/03/96
Postponed: 10/03/96
Amended by Substitution: 10/17/96
Amended: 10/17/96
Public Hearing: 10/17/96
Adopted: 10/17/96
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 6 ANIMALS CHAPTER 6.04 ANIMAL CONTROL TO CLARIFY LANGUAGE
PERTAINING TO SMALL DOMESTICATED ANIMALS AND FARM ANIMALS
WHEREAS, language pertaining to animals does not delineate the difference between
small domesticated animals and farm animals;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Section 2: The Title 6 Animal Control of the Kodiak Island Borough Code of
Ordinances is hereby amended to read:
6.04.010 Cruelty to animals.
A. No person may intentionally wound, injure, torment, abuse, mutilate,
torture, or inhumanely kill any animal.
B. No person may intentionally poison any dog, cat, or other domestic
animal, or distribute or place poison in a manner or location where the distributor
knows or should reasonably know that the poison will be accessible to a domestic
animal.
C. No person may abandon any animal by releasing the animal to forage for
itself or by confining or restraining the animal for a period in excess of eighteen (18)
consecutive hours in a place where there is not a custodian who has assumed the
responsibility of providing sufficient food and water.
D. The owner or custodian of an animal shall provide food and water
sufficient to maintain the animal in a healthy condition, and adequate and proper
shelter for the animal, to protect the animal from weather. Shelter maintained for
animals kept outside of a residential dwelling shall meet the following standards:
1. animals shall not be overcrowded;
2.
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Ordinance No. 96 -12
Page 1 of 6
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animal shelters shall be draft tree,
clean anim beddin sha
. all structures,
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pens, coops, or yards
devoid of rodents and varmint, and free of
' objectionable odor. (Ord. 86 -16 -0 §2(part), 1986).
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6.04.030 Annoying animals. No person may [harbor,] keep[, ] any [dog;
Ordinance No. 96 -12
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] canine or feline
1986).
months;
areas or on any [or private] property
. (Ord. 86 -16 -0 §2(part), 1986).
person. (Ord. 86 -16 -0 §2(part),
6.04.060 Animal [tittering] age A person owning, or having custody of any
animal, shall remove and dispose, in a sanitary manner, of any and all feces and other
animal litter deposited on [any] O1z>(±I���:.��.��` . :.::..: ....:....:: . ............................. d p
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6.04.070 Animal identification.
A. Every dog in the borough not otherwise licensed in the city of Kodiak
shall be licensed and registered by its owner within the following time period:
1. within thirty (30) days after the dog attains the age of three (3)
2. within thirty (30) days after acquisition of the dog, regardless of
how acquired; or
3. within thirty (30) days after the owner commences to maintain,
keep, or kennel the dog within the limits of the borough.
B. An application for a dog license shall be submitted to the animal control
officer on printed forms made available for such purpose which shall be completed
by the owner to specify the name and address of the owner, the name, breed, color,
sex, and distinguishing marks, if any, of the dog to be licensed, and such other
information as the animal control officer determines to be useful in the administration
of this chapter. The application shall be accompanied by a license fee, established
as provided in this chapter, and a certificate signed by a licensed veterinarian showing
current immunization for rabies accomplished by a U.S. licensed rabies vaccine.
C. Dog licenses shall be issued for a term of one (1) tiefrAglaliyear0
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commencing with the first day of [February] anuar of each year and terminating as
of midnight on the last day of [January} 00. of each year
D. Annual license fees shall be established by resolution of the assembly.
E. All cattle over six (6) months of age will be branded. The brand or mark
will be registered with the animal control officer. To adopt a brand or mark, a person
shall forward to the animal control officer a facsimile of the brand or mark, together
with a written application. Upon receipt, the animal control officer shall record the
brand or mark unless it is of record or conflicts or closely resembles that of some
other person, in which case the animal control officer shall return the facsimile and
fee to the applicant. No brand described as being on either side of the animal shall
be accepted or recorded. No brand shall be registered if the conditions of subsection
6.04.050(D) of this chapter are not met. (Ord. 86 -16 -0 §2(part), 1986).
6.04.180 Impoundment and release.
A. A dog or other animal that is unrestrained and not under the immediate
Kodiak Island Borough, Alaska Ordinance No. 96 -12
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control of its owner shall be impounded by a peace officer or animal control officer
when found at large on the streets, alleys, or public places within the borough, or on
private property in the borough if the officer has the permission of the owner or
occupant of the property.
B. A dog or other animal which has bitten or attacked a person may be
impounded for a reasonable period for observation or during the pendency of any
proceedings brought to enforce the provisions of this chapter.
C. For the purpose of discharging the duties imposed by this chapter and
to enforce its provisions, a [peace-officer,] animal control officer, or other
enforcement agents may enter upon any property, but not into any structure not open
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to the public, while in pursuit of an animal which3;h::d , rttl:te:f(EEt #
[may must be taken up or impounded.
D. Where enforcement of the provisions of this chapter reasonably requires
a peace officer, animal control officer or other enforcement agent to inspect premises
not open to the public, and where the constitution of the United States or the state
of Alaska requires an administrative search warrant authorizing an inspection and,
where appropriate, the seizure of any animal which may or must be taken up or
impounded shall be obtained before the inspection is conducted. The officer or agent
may apply to the trial courts of the state of Alaska to obtain an inspection warrant,
stating in the application a description of the premises to be inspected, the nature,
extent and purpose of the inspection and the fact and circumstances justifying the
inspection.
1. if a dog or other animal is determined to be fierce, dangerous, or
vicious and cannot be safely captured and impounded, the dog or other animal may
be destroyed by a public safety officer.
2. upon impounding a dog or other animal, the animal control officer
or impounding officer shall make reasonable efforts to notify the owner or custodian
of the animal, and if the owner or custodian is not known and cannot be reasonably
ascertained, shall post a notice at the clerk's office containing a description of the
dog and the date and location of impoundment.
3. fees for impoundment and daily fees for boarding impounded dogs
or other animals shall be established by resolution of the assembly.
4. upon payment of charges for impounding and boarding, and upon
proof of licensing the animal in compliance with this chapter, an impounded animal
shall be released to a person producing satisfactory evidence that the person is the
owner or custodian of the animal. If an impounded animal is not currently licensed
and if a certification of immunization for rabies as required for licensing is not
available, the animal may be released if the owner or custodian pays the impound and
boarding fees and, in addition, makes a cash deposit with the animal control officer
in an amount to be established by the mayor equivalent to double the sum of the
impound fee, the average cost for the rabies immunization, and the license fee. The
deposit shall be returned to the owner or custodian upon receipt, within one (1)
week, of a certificate by a licensed veterinarian attesting to the immunization of the
animal and upon acquisition of the necessary license.
5. the impound fee and the daily boarding fee shall be waived for an
unspayed or non - neutered animal if the owner or custodian executes a sworn
statement that the animal will be spayed upon its release and posts a cash deposit
Kodiak Island Borough, Alaska Ordinance No. 96 -12
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with the animal control officer in an amount equal to the current average charge for
spaying the impounded animal. If the owner or custodian of the animal delivers to
the animal control officer, within one (1) month following release of the animal from
impound, a certificate of a licensed veterinarian stating that the animal has been
spayed and setting forth the date of spaying or neutering, the cash deposit shall be
released to the owner or custodian.
6. an animal impounded under the provisions of this chapter shall be
held in the pound or other suitable facilities for a period not to exceed seventy -two
(72) hours, which must include one (1) full business day, and unless released prior
to the expiration of that period as provided in this chapter, shall be destroyed. The
animal control officer may, if it is determined that a dog or other animal is valuable,
retain the dog or other animal for an additional forty -eight (48) hour period and
release it during that period to any person who will purchase the license for the
animal and pay the prescribed impound and boarding fees. (Ord. 94 -21 -0 §2(part),
1994; Ord. 86 -16 -0 §2(part), 1986).
6.04.210 Penalties and remedies.
A. A person who violates any provision of this chapter is guilty of a
misdemeanor and upon conviction is punishable by a fine of not more than three
hundred dollars ($300).
B. Notwithstanding the availability of any other remedy, the borough or any
aggrieved person may bring a civil action to enjoin any violation of this chapter. An
action or injunction under this section may be brought notwithstanding the availability
of any other remedy. Upon application for injunctive relief and the finding of an
existing or threatened violation, the superior court shall enjoin the violation.
C. Each act or condition violating this chapter and each day during which
the act or condition exists
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. The penalties provided for violation of this chapter are in addition to and
not in lieu of any other penalty provided for in state law or any civil remedy available
to the borough. (Ord. 86 -16 -0 §2(part), 1986).
6.04.230 Definitions. As used in this chapter:
A. "Animal" means any of the animalia kingdom which are domesticated or
kept.
B. "Animal control office" means the department in charge of the
enforcement of the animal control provisions of this code. In the event that such
activities are accomplished by contract under section 6.04.150 of this chapter,
"animal control office" means the office maintained by the contractor for such
purposes.
C. "Custodian" means the person who has accepted or assumed all or a
portion of the responsibility for an animal's care, control, and feeding, at the request
of the owner, or with the owner's implied authorization.
D. "Domesticated" means to adapt an animal to life in intimate association
with and to the advantage of humans.
E. "Fierce, dangerous, or vicious dog or other animal" means a dog or other
Kodiak Island Borough, Alaska Ordinance No. 96 -12
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animal which, when unprovoked, has ever bitten or attacked a person or that bites
or attacks other animals, or in a vicious and terrorizing manner attacks, or approaches
in an apparent attitude of attack, a person or other animal.
F. "Herd" means to graze or move a group of animals while keeping close
watch and exercising control.
G. "Keep ", "Kept" means to allow to graze, rove, or roam on property as
well as housed or kept in a shelter.
H. "Licensed veterinarian" means a veterinarian licensed to practice
veterinarian medicine in the United States, its territories and possessions, and state
of Alaska certified public health aids.
I. "Owner" means a person who has purchased the animal, accepted it as
a gift, or who asserts a right to the possession and control of the animal.
J. "Feral" means an animal that is wild, untamed, or abandoned, or
homeless.
ATTEST:
l id? Zy1/[ , 37 i.L.t/5
'D onna F. Smith, CMC /AAE Borough Clerk
21 -0, §2(part), 1994; Ord. 86 -16 -0 §2(part), 1986).
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF OCTOBER, 1996
KODIAK ISLAND BOROUGH
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Jero`1i1e M. Selby, Borough
Gar L. Stevesiding Officer
Kodiak Island Borough, Alaska Ordinance No. 96 -12
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