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
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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
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