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1998-29 Amending Title 6 Animals - Owner Control of All DogsKODIAK ISLAND BOROUGH ORDINANCE NO. 98 -29 Introduced by: Manager Manninen Requested by: Animal Control Officer Drafted by: Community Development Department Postponed: 12/03/98 Introduced: 02/04/99 Amended: 02/04/98 Amended: 02/18/99 Public Hearing: 02/18/99 Adopted: 02/18/99 AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 6 ANIMALS TO REQUIRE OWNER CONTROL OF ALL DOGS WHEREAS, recent Kodiak District Court rulings have interpreted the Kodiak Island Borough Code of Ordinances as not requiring dogs to be under their owner's control; and WHEREAS, Borough Code has long contained language requiring the owner's control of a dog; however, this language is not found in section 6.04.050 Control of anima /s; and WHEREAS, the City of Kodiak, which provides animal control services to the Kodiak Island Borough under contract, has requested that Borough Code be changed to allow them to legally pick up and impound loose dogs; and WHEREAS, the Borough has received numerous calls from the public requesting that the animal control officer continue to pick up and impound loose dogs; and WHEREAS, revising the language of section 6.04.010 Cruelty to animals will allow for the prosecution of owners who neglect animals, but who are not intentionally or overtly torturing them. 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: Kodiak Island Borough Code of Ordinances 6.04.050 Contro/ of animals is hereby amended to read: 6.04.050 Control of animals. A. The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal within a building or secure enclosure and shall not take the animal out of such building or enclosure Kodiak Island Borough, Alaska Ordinance No. 98 -29 Page 1 of 2 unless the animal is muzzled and otherwise secured to prevent attacks or feigned attacks. B. A dog or other animal that is unrestrained and not under the immediate 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. [W. The owner of a female dog in heat or during ovulation shall keep and maintain the animal confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that the female dog cannot come in contact with a male dog except for planned breeding purposes. HD. The owner of animals including cattle, horses, sheep, goats, or other large farm animals shall be responsible for their animals. Owners shall pay the cost of removal of dead animals or animals doing property damage. [D]E. 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 grazing leases are exempted from this subsection for parcels of land in excess of twenty (20) acres. Section 3: Kodiak Island Borough Code of Ordinances 6 04 230 is hereby amended to read: L. "Immediate Control" means an animal located on the owner's property or °thee] private property with the property owner's permission; or voice control of an otherwise unrestrained animal. Section 4: Kodiak Island Borough Code of Ordinances 6.04.010 Cruelty to animals is hereby amended to read: 6.04.010 Cruelty to animals. A. No person may [intentionally]knowingly wound, injure, torment, abuse, mutilate, torture, or inhumanely kill any animal. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF FEBRUARY, 1999 ene. th A. Nielsen, CMC Acting Borough Clerk Kodiak Island Borough, Alaska KODIAK ISL ens, OUGH rough Mayor Ordinance No. 98-29 Page 2 of 2