1986-16 Adopting Non-Areawide Powers to License, Impound, and Dispose of Animals Outside of Home Rule and General Law CitiesWHEREAS, AS 29.35.210(a)(3) states that a second class Borough may
by ordinance exercise the powers of licensing, impounding, and disposing of
animals on a nonareawide basis; and
WHEREAS, there is a pressing need to control animals in the Kodiak
ATTEST:
Island Borough.
NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough that:
Section 1. The Kodiak Island Borough hereby adopts the power to license,
impound, and dispose of animals on a nonareawide basis in accordance with
AS 29.35.210(a)(3).
Section 2. This ordinance is of a general and permanent nature and shall
become a part of the Code of Ordinances.
Section 3. A new title, Title 6, Animals, is hereby enacted as attached.
Section 4. This ordinance shall take effect on January 1, 1987.
First Reading, Approval Date: March 6, 1986
Second Reading, Public Hearing: July 1, 1986
Effective Date: January 1, 1987
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ADOPTING
NON - AREAWIDE POWERS TO LICENSE, IMPOUND AND DISPOSE OF
ANIMALS OUTSIDE OF HOME RULE AND GENERAL LAW CITIES
PASSED AND APPROVED THIS 4th DAY OF SEPTEMBER , 1986.
Bo rot h) Clerk
KODIAK ISLAND BOROUGH
ORDINANCE 86- 16 -0(A)
By
By
Borough Mayor
r fiEl?
residing Officer
pections:
TITLE 6
Chapter 6.04
6.04.005 Intent.
6.04.010 Cruelty to animals.
6.04.020 Contagius diseases.
6.04.030 Annoying animals.
6.04.040 Tethering.
6.04.050 Control of animals.
6.04.060 Animal littering.
6.04.070 Animal identification.
6.04.080 Tag and collar.
6.04.090 Rabies control.
6.04.100 Immunization for rabies.
6.04.110 Records to be kept.
6.04.120 False certificates.
6.04.130 Report of bite cases.
6.04.140 Responsibilities of veterinarians.
6.04.150 Animal Control Officer.
6.04.160 Powers and duties of Animal Control Officers.
6.04.170 Impoundment and release.
6.04.180 Disposal of diseased or unwanted dogs and other small animals.
6.04.190 Disposal of dead animals.
6.04.200 Penalties and remedies.
6.04.210 Destruction of vicious dogs or other animals - restitution.
6.04.220 Definitions.
6.04.005 Intent. (A) To provide for safe road conditions on the Chiniak
Highway.
(B) To increase the homogeneity of areas of increased population
density.
(C) To decrease the work load of the City of Kodiak animal control
efforts which originate in areas outside its corporate limits.
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 poision 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 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) Animals shall not be exposed to excessive heat or cold;
(3) Animal shelters shall be draft free;
(4) Clean animal bedding shall be provided which shall be of a
sufficient size and quality for the animals being kept; and
(5) All structures, pens, coops, or yards shall be maintained in a
clean and sanitary condition, devoid of rodents and varment,
and free of objectionable odor.
04.020 Contagious diseases. No person may harbor or keep an animal
nfected with a contagious or pestilential disease unless the animal is
qlosely confined and under the care of a licensed veterinarian.
4.04.030 Annoying animals. No person may harbor, keep, or maintain any dog,
at or other member of the canine or feline family which barks, bays, howls,
Ocreeches, meows or yaps with such frequency or at such times of the day or
ijight as will cause annoyance to a reasonable person.
i!
Ordinance 86- 16 -0(A)
Rage 2
p.04.040 Tethering. No person may tie, stake, or fasten any horse, cow,
Sheep, goat, or other animal within any street, alley, or public place within
he Borough limits or in a manner which permits the animal access to any
portion of any street, alley, or public place.
Control of animals. (A) The owner or custodian of a fierce,
angerous, or vicious animal shall confine the animal within a building or
ecure enclosure and shall not take the animal out of such building or
Onclosure unless the animal is muzzled and otherwise secured to prevent
Attacks or feigned attacks.
I (B) The owner of a female dog in heat or during ovulation shall keep and
aintain the animal confined in a building or secure enclosure, or in a
eterinary hospital or boarding kennel, in such manner that the female dog
Cannot come in contact with a male dog except for planned breeding purposes.
(C) The owner of animals including cattle, horses, sheep, goats, or
Other large farm animals shall be responsible for their animals. Owners hall
4 ay the cost of removal of dead animals or animals doing property damage.
(D) No person may keep or maintain a horse, cow, sheep, goat, pig, or
Other large farm animal within the borough unless the animal is maintained
Within a fenced area which is owned or leased by the owner or custodian of the
animal and which is not occupied by residential buildings other than the one
Occupied by the owner or custodian of the animal. Holders of authorized state
razing leases are exempted from this subsection for parcels of land in excess
of 20 acres.
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1.04.060 Animal littering. 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 public or private property not possessed by the
owner or custodian.of the animal which caused or produced the litter.
1.04.070 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 days after the dog attains the age of three
months;
(2) Within thirty days after acquisition of the dog, regardless of
*ow acquired; or
(3) Within thirty 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
ontrol Officer on printed forms made available for such purpose which shall
e completed by the owner to specify the name and address of the owner, the
ame, breed, color, sex, and distinguishing marks, if any, of the dog to be
icensed, and such other information as the Animal Control Officer determines
o be useful in the administration of this chapter. The application shall be
ccompanied by a license fee, established as provided in this chapter, and a
¢ertificate signed by a licensed veterinarian showing current immunization for
}abies accomplished by a U S licenced rabies vaccine.
(C) Dog licenses shall be issued for a term of one year commencing with
the first day of February of each year and terminating as of midnight on the
,last day of January of each year.
(D) Annual license fees shall be established by resolution of the
ssembly.
(E) All cattle over six months of age will be branded. The brand or mark
ill be registered with the Animal Control Officer. To adopt a brand or mark,
person shall forward to the Animal Control Officer a facsimile of the brand
✓ mark, together with a written application. Upon receipt, the Animal
ontrol 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
1 nimal Control Officer shall return the facsimile and fee to the applicant.
Ili1 o 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
1.04.050(D) are not met.
04.080 Tag and collar. (A) Upon complying with the provisions of section
.04.070 the Animal Control Officer shall issue to the owner a colored tag,
ade of metal or other similar durable material, stamped or embossed with an
dentification number and the year for which issued. The tag color shall be
ichanged every year.
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1
�rdinance 86- 16 -0(A)
*age 3
(B) The owner of a dog shall fasten the tag securely to a choke chain,
collar, or harness which shall be worn by the dog at all times except when
kenneled or in competition.
(C) If the license tag is lost or destroyed, the owner may obtain a
duplicate tag upon the payment of a fee as established by resolution of the
Assembly.
(D) A dog tag is not transferable from one dog to another, and no person
May secure a tag to a chain, collar, or harness worn by a dog other than the
One for which the tag was issued.
(E) License fees are not refundable.
6.04.090 Rabies control. (A) Quarantine. Every dog or other animal which
bites a person shall be promptly reported to the Animal Control Office, and
shall thereupon be securely quarantined at the direction of any Animal Control
Officer for a period of ten days next following the bite. A quarantined
animal shall not be released from the quarantine except by authorization of
the Animal Control Officer. At the discretion of the Animal Control Officer,
such quarantine may be at the shelter designated as the area animal shelter,
or, at the owner's option and expense, in a veterinary hospital or licensed
boarding kennel of his choice. In the case of stray animals or of animals
whose ownership is not known, such quarantine shall be at the shelter
designated as the animal shelter.
(B) Surrender of Animal. The owner or custodian, upon demand made by
the Animal Control Office or the Borough, shall forthwith surrender any animal
which has bitten a human, or which is suspected of having been exposed to
rabies, for supervised quarantine. The expense shall be borne by the owner.
The animal may be reclaimed by the owner if determined to be free of rabies
and not adjudged vicious, upon payment of board fees set forth in Section
6.04.140 of this title and any medical or other actual, necessary expenses
incurred.
(C) Rabid Animals. When any animal under quarantine has been diagnosed
as being rabid, or suspected by a licensed veterinarian of being rabid, the
owner and the veterinarian shall immediately notify the Borough. The Animal
Control Officer shall take such action as he deems necessary to determine till
presence or absence or rabies. Such action may include, but shall not be
limited to removal and examination of the head.
(D) Areawide Quarantine. When one or both reports give a positive
diagnosis of rabies, the Borough may conduct an areawide quarantine for a
period of thirty days. Upon invocation of such quarantine, no animal shall be
taken into the streets, or be permitted to be off the premises of its owner or
in the streets during such period. During such quarantine no animal may be
taken or shipped from the Borough without written permission of the Animal
Control Officer.
(E) Destruction of Bitten Animals. During each period of rabies
quarantine as herein mentioned, every animal bitten by an animal adjudged to
be rabid shall be destroyed forthwith.
(F) Extension of Areawide Quarantine. In the event there are additional
positive cases of rabies occurring during the period of .quarantine, such
period of quarantine may be extended for up to an additional six month.
(G) Destruction of Rabid Animals. No person shall kill, or cause to be
killed, any rabid animal or any animal biting a human, except in defense of
life and limb or otherwise as herein provided, nor remove same from the area
without permission from the Borough.
(H) Surrender of Carcass. The carcass of any dead animal exposed to
rabies shall be surrendered to the Borough.
(I) Disposition of Infected Animals. The Borough shall direct the
disposition of any animal found to be infected with rabies.
(J) Failure to Surrender Animal. No person shall fail or refuse to
surrender any animal for quarantine or destruction as required herein when
demand is made therefor by the Animal Control Office or the Borough.
6.04.100 Immunization for rabies. No person shall own, keep or harbor a dog
Or cat over three months of age within the corporate boundaries of the Borough
Unless such dog or cat shall have received an immunization for rabies adequate
to meet the requirements of subsection (B) of Section 6.04.070.
6.04.110 Records to be kept. (A) All information shall conform with Rabies
Vaccination Certificate developed by the National Association of State Public
Fkealth Veterinarians, Inc.
Ordinance 86- 16 -0(A)
Page 4
(B) Disposition of Records. Upon performing the immunization of an
animal, the veterinarian shall complete the prescribed form and give the owner
:he original copy thereof. The second copy shall be forwarded to the Animal
nd Rabies Control Center and retained for not less than two years for
eference in the event verification of immunization may be desired at a later
ate. The third copy is for the veterinarian's records.
.04.120 False certificates. (A) It is unlawful for any veterinarian or
ther person to give, issue or transmit any purported proof or certificate of,
r receipt for, rabies immunization not actually given to the animal for which
roof, certificate of receipt is given.
(B) It is unlawful for any person owning or having custody of an animal
nowingly to procure, receive, use or attempt to use any purported proof,
ertificate of or receipt for rabies immunization not actually given to the
imal described in the proof, certificate of receipt.
04.130 Re.• of bite cases. Every physician or other practitioner of
edicine shall report to the Animal Control Office the names and addresses of
ersons treated for bites inflicted by animals, together with such other
nformation as will be helpful in rabies control.
04.140 Responsibilities of veterinarians. It shall be the duty of every
t icensed veterinarian to report to the Animal Control Office his diagnosis of
iny animal observed by him as rabies suspect.
1 .04.150 Animal Control Officer. (A) Appointment. The Borough Mayor shall
ppoint a Chief Animal Control Officer who has charge of all animal shelter
nd of the operation of the Animal control Office. In the event that the
peration of the Animal Control Office is accomplished by contract under
S ubsection C hereof, the Chief Animal Control Officer shall be responsible for
;supervising the activities of the contractor, and he shall delegate to the
,'contractor all authority reasonably necessary to carry out the provisions of
the contract.
(B) Deputy Animal Control Officers. As may be necessary, ry, one or more
1eputy Animal Control Officers may be appointed to carry out the provisions of
this title.
(C) Contract for Services. The Mayor may contract on behalf of the
$orough for services to carry out the provisions of this title.
.04.160 Powers and duties of Animal Control Officers. (A) The Chief Animal
Control Officer the power and duty to supervise the carrying out of the
provisions of this title, including the operation of one or more animal
'shelters.
(B) Deputy Animal Control Officer. A Deputy Animal Control Officer has
the power and duty to execute the terms of this title in the field, subject to
: direction of the Chief Animal Control Officer, the power to issue
citations, file complaints, and to serve citations, summons and complaints for
,violation of this title.
1 1 . 1 04.170 Records. (A) Responsibility. It shall be the duty of the Chief
imal Control Officer or his designated subordinate to keep or cause to be
ept accurate and detailed records of the licensing, impoundment and
isposition of all animals coming into his custody.
(B) Bite Cases. It shall be the duty of the Chief Animal Control
pfficer or his designated subordinate to keep or cause to be kept accurate and
d etailed reports of all bite cases reported to him, or to any other Animal
ontrol Officer, and his investigation of the same.
(C) Monies Received. It shall be the duty of the Chief Animal Control
fficer or his designated subordinate to keep or cause to be kept accurate and
etailed records of the moneys received, which records shall be open to
nspection at reasonable times by persons acting for the State or the Borough
nd having responsibility for the inspection of such records.
.04.180 Im••undment and release. (A) A dog or other animal that is
4nrestrained and not under the immediate control of its owner shall be
pounded by a peace officer or animal control officer when found at large on
h e streets, alleys, or public places within the Borough, or on private
roperty in the Borough if the officer has the permission of the owner or
ccupant of the property.
rdinance 86- 16 -0(A)
age 5
(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 pendancy 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 agent may enter upon any property, but not into any
Structure not open to the public, while in pursuit of an animal which may or
Bust be taken up or impounded.
(D) Where enforcement of the provisions of this chapter reasonably
require 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 is determined to be a fierce, dangerous, or vicious
dog and it cannot be safely captured and impounded, the dog may be destroyed
by a Public Safety Officer.
(2) Upon impounding a dog, 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 Borough 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
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 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 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 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 hours, which must include one 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 he determines that a
dog is valuable, retain the dog for an additional forty -eight 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.
6.04.190 Disposal of diseased or unwanted dogs and other small animals. The
Animal Control Officer shall dispose of or destroy, in a humane manner,
diseased or unwanted dogs upon the request of the owner or custodian of the
animal at fee set by resolution of the Assembly.
6.04.200 Disposal of dead animals. (A) The Animal Control Officer shall
dispose of any dead animal found within the Borough upon the request of a
gorough resident.
(B) The person in possession or control of real property shall
immediately dispose of any dead animal found upon the property in the manner
provided in this section or by disposal at the Borough dump or by other
suitable means.
Ordinance 86- 16 -0(A)
Page 6
(C) The owner or occupant of property may bury on that property any dead
I nimal owned by him or her which died on the premises, if the property owner
r occupant first obtains written approval from the sanitarian or Animal
�ontrol Officer. The animal carcass shall not be buried within one hundred
fl eet of any residence, or water body or water well.
Ib. 04.210 Penalties and remedies. (A) A person who violates any provision of
he chapter is guilty of a misdemeanor and upon conviction is punishable by a
ine of not more than three hundred dollars. the remedy, , Borough or
(B) Notwithstanding the availability of any other d the
of this
ny aggrieved person may bring a civil action to enjoin any ye i
hapter. An action for injunction under this section m a y arlugtion for
otwithstanding the availability of any other remedy. Upon
njunctive relief and the finding of an existing or threatened violation, the
uperior Court shall enjoin the violation.
it (C) Each act or condition violating this chapter and each day during
hich the act or condition exists, continues or is repeated shall be a
,Oeparate and distinct violation.
(0) The penalties provided for viola ooffthiincsapterlareoinaaddiiiol
o and not in lieu of any other penalty provided
emedy available to the Borough. restitution. (A)
.04.220 Destruction of vicious do or other animals
f, by a preponderance of the evidence, a court of competent jurisdiction
, inds that, while running at large or while inadequately restrained in
violation of section 6.04.050(A), a dog or other animal has, without
rovocation, bitten or attacked a person, the court may order the dog or other
' nimal destroyed. have been imposed pursuant to
I' (B) In addition to any fine which may
Section 6.04.210, a court of competent jurisdiction may require the owner or or ot tnadediately restrained inhviolation while runnin
�
' erson or property of another to make restitution, in whole or in p art, for
i (C) Any actions taken or orders rendered under this section shall aid damage.
be
legarded as measures necessary to the preservation of the health, safety, and
,%elfare of the public and not as punishment.
.04.230 Definitions. As used in this chapter:
(A) "Animal' 1 means any of the animalia kingdom which are domesticated or
ept.
(B) "Animal Control Office" means the department in charge of the
nforcement of the animal control provisions of t seco
this code. 6I04 event that
s al
uch activities are accomplished by the Sectiont6. for si
ontrol office" means the office maintained by
urposes.
1 (C) "Custodian" means the person who has accepted or assumed all or a
rtion of the responsibility for an animal's care, control, and feeding, at
he request o ommestica ed' means l to adapt anranimalltodlifehinl
(0) nD intimate
association with and to the advantage of humans other animal" means a dog or
(E) "Fierce, dangerous, or vicious dog
' I ther animal which, when unprovoked, has ever bitten or attacked a person or
at bites or attacks other animals, arent or itudevoflattaandatpersonzorg manner
other
ttacks or approaches in an apparent
imal. of animals while keeping close
(F) "Herd" means to graze or move a group
atch and exercising control.
(G) "Keep ", "Kept" means to allow to graze, rove, or roam on property as s
Dell housed or kept in a shelter.
(H) "Licensed Veterinarian" means a veterinarian licensed to p ractice
4.eterinarian medicine in the United States, its territories and possessions,
,4nd State of Alaska certified public health aids.
(I) "Owner" means a person who has purchased the animal, accepted it as
gift, or who asserts a right to the possession and control of the animal.
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Ardinance 86- 16 -0(A)