Statute in Full:
Anchorage Municipal Code
Compiled Laws of the City and Borough of Juneau Alaska
Anchorage Municipal Code
Chapter 17.10 STANDARDS FOR THE CARE AND CONTROL OF ANIMALS*
17.10.010 Animals in public places.
17.10.012 Cat identification required.
17.10.015 Animal creating disturbance or nuisance.
17.10.020 Control and confinement of animals.
17.10.030 Care and sanitation.
17.10.040 Sale of diseased and unweaned animals.
17.10.050 Standards for operating animal facilities.
17.10.060 Cruelty to animals. (Renumbered to 17.35)
17.10.070 Standards for operating animal facilities. (Repealed)
17.10.080 Temporary quartering of dogs used in competition.
17.10.090 Off-leash dog park spaces.
17.10.010 Animals in public places.
A. It is unlawful for any animal to be in a public place unless it is controlled by a leash, and in the control of a person competent to restrain the animal except:
1. Control of an animal by command is allowed if the animal is engaged in an activity that precludes it from accomplishing that activity if restrained, and the animal is in an area normally associated with that activity, and the activity is conducted in a manner that minimizes impact with the general public;
2. A dog may be unconfined in areas sanctioned by the municipality as off leash dog areas. The owner or custodian of a dog, unconfined in an off leash dog area, must have a leash restraint immediately available for the physical control of the dog and be physically capable of controlling the dog;
3. An animal, at shows and events, may be unconfined during the time of the demonstration in a manner which does not pose a threat to public health and safety or the safety of other animals;
4. An animal may be humanely attached in or to a vehicle in a public place, provided the animal may not:
a. Be capable of removing or detaching itself from the vehicle;
b. Be attached so as to fall, jump, be thrown from or dragged by the vehicle;
c. Be exposed to prolonged inclement weather; or
d. Pose a threat to public health and safety or the safety of other animals.
5. An animal may be humanely contained inside an attended or locked, fully enclosed container.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.012 Cat identification required.
A. The owner or custodian of a cat over the age of four months shall maintain an identification worn by the cat at all times except:
1. When the cat is on the private property of the owner or custodian; or
2. When the cat, under control by leash or control by confinement, is either in a public place or on the private property of another.
B. Identification must be either a collar or tag which includes the current name, address and telephone number of the owner, or a microchip registering the owner.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.015 Animals creating disturbance or nuisance.
A. It shall be unlawful for any owner or custodian of a dog or cat to permit it to make chronic animal noise.
1. The animal care and control center may, upon receiving a complaint alleging chronic animal noise, issue a written notice to comply to the animal owner or custodian. The notice shall contain:
a. The definition of chronic animal noise.
b. The nature and times of the complaint.
c. Penalties for violation.
d. Means and methods of curtailing chronic animal noise.
e. Time permitted to comply with the notice.
2. If the violation continues after the time permitted by the notice to comply, a NOV may be issued in accordance with section 4 below.
3. An animal owner issued three or more NOV's within one year period may be required to forfeit an animal to the municipality, except as provided below. The chief animal control officer may elect to make the animal available for adoption to a person other than the owner, custodian, or person residing on the owner or custodian's premises.
a. A forfeiture order shall not be sought against an owner who has taken verifiable steps to correct the problem prior to receipt of a third NOV within the one year period. Verifiable steps include, but are not limited to, debarking of the cited animal, acquisition and use of a barking control device, or structural modification of the property where the animal is kept so as to reduce noise. To the extent that such efforts are not successful, the owner may be subject to additional citations and fines as provided in Chapter 17.70 .
4. NOV's for chronic animal noise shall only be issued after receipt of a. or b. below, and completion of an investigation by animal control:
a. A written statement to the animal care and control center, signed by two or more persons living at different addresses, both in the immediate neighborhood of the animal making the chronic animal noise, one of whom must be both the statement preparer and the original complainant; or
b. A written statement to the animal care and control center, signed by one person living in the immediate neighborhood of the chronic animal noise, where additional date and time specific evidence is provided.
B. No owner or custodian of an animal shall permit the animal's feces to be left on public or other person's private property.
C. No owner or custodian of an animal shall permit it to upset garbage on public or private property.
(AO No. 2001-158(S-4), § 1, 1-1-03; AO No. 2004-86, § 2, 5-18-04)
17.10.020 Control and confinement of animals.
A. Except as otherwise required or permitted by this title, an owner of an unclassified animal, including a wolf hybrid, shall restrain it at all times. An owner of a classified animal shall confine and control such animal as required by Chapter 17.40 .
B. It is unlawful for the owner or custodian of a female animal in estrus to allow it to come in contact with an unsterilized male of its species, except for planned breeding purposes.
C. It is unlawful to maintain an animal with a known infectious or contagious disease without proper and adequate veterinary care and confinement.
D. It is unlawful for any person, other than a peace officer in the performance of duties, to release an animal from restraint without the consent of the animal's owner or custodian, except to preserve the animal's life or prevent injury.
E. The municipality may establish designated areas, known as dog parks, for dogs off leash in areas which minimize impact with other uses.
(AO No. 2001-158(S-4), § 1, 1-1-03; AO No. 2004-86, § 3, 5-18-04)
17.10.030 Care and sanitation.
A. An animal owner or custodian shall provide an animal with adequate fresh food, water, shelter from inclement weather, and proper veterinary care, as required.
B. An animal owner or custodian shall maintain all areas, where an animal is kept and to which it has access, in a clean and sanitary condition and free from objectionable odor.
C. An animal owner or custodian shall maintain an animal in a manner that allows the animal freedom of movement to obtain adequate fresh food, water, and shelter from inclement weather. Shelter must include appropriate space, heat, ventilation, sanitary conditions, and shelter from wind, temperatures, precipitation and sun conditions, consistent with the animal's breed, size, age, and species.
D. A notice to vacate the premises may be issued if the chief animal control officer determines any premises where animals are kept do not meet the criteria set forth in this section, or the owner or custodian has failed to comply with the lawful orders of the chief animal control officer.
1. A notice to vacate shall specify the effective date, which shall be not less than 24 hours after it is issued.
2. It shall be unlawful to maintain any animals required to be removed on the premises following the effective date of a notice to vacate.
3. Any animal remaining on the premises is subject to impound and may become property of the Municipality of Anchorage.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.040 Sale of diseased and unweaned animals.
A. It is unlawful to sell an animal that the seller knows, or has reason to know, is diseased, injured or otherwise physically defective without first disclosing to the buyer the nature of the disease, injury or defect.
B. It is unlawful to sell an unweaned horse, dog, cat, ferret or bird.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.050 Standards for operating animal facilities.
A. An owner or operator of a multi-animal facility, commercial facility, or any other facility associated with keeping of domestic animals for which a permit is required, as specified under Chapter 17.15 and any other municipal regulations, shall:
1. Provide adequate and appropriate shelter to ensure animal health, safety, and welfare.
2. Maintain the facility in a sanitary condition.
3. Provide veterinary care as necessary.
4. Provide for adequate and appropriate care and feeding of animals and ensure the availability of adequate food and fresh water.
5. Ensure no animals prohibited by federal, state and municipal laws are kept.
6. Ensure all animals are confined or in control on any premises where the animals are kept.
7. Keep only the number of animals in the facility or on premises which allows for appropriate space, safe keeping, humane care and sanitary environment consistent with the animal's breed, size, age, and species for all animals kept.
8. Comply with the provisions of this title, municipal regulations, and the terms, conditions and limitations of any license issued under Chapter 17.15 .
9. Comply with the provisions of Title 21 (Land Use Planning) of this Code.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.060 Cruelty to animals. (Renumbered to 17.35)
Editor's note: AO No. 96-134(S-2), § 19, effective July 1, 1997, renumbered subsections A.--G. of § 17.10.060 to a new Chapter 17.35.
17.10.070 Standards for operating animal facilities. (Repealed)
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.080 Temporary quartering of dogs used in competition.
A. In order to quarter four or more dogs for a period of between 14 to 31 days for use in competition, both the dog owner or custodian and owner of the property upon which the dogs are quartered shall be responsible to:
1. Comply with standards 1 through 7 in Section 17.10.050 , except all dogs kept for competition must be confined;
2. Maintain security measures to ensure the safety of the dogs, as well as other animals and persons that may come in contact with the dogs, including posting the premises to warn persons of the presence of dogs; and
3. Comply with any other reasonable terms and conditions of the chief animal control officer or designee, to ensure the health, safety, and welfare of animals and the public.
4. Provide written notice in advance to all neighbors within a 300 foot radius if the dogs are to be quartered outside (which does not include quartering within a dog truck).
5. The owner or custodian shall occupy the premises where the dogs are quartered.
B. Wolf hybrids shall not be quartered under this section.
(AO No. 2001-158(S-4), § 1, 1-1-03)
17.10.090 Off-leash dog park spaces
A. Not withstanding any other provision of this Code, legally licensed dogs with current rabies vaccinations may be allowed, unleashed, in areas recommended by the animal control advisory board with concurrence of the parks and recreation commission and the mayor, subject to approval by the assembly. Such areas shall include but are not limited to designated areas within the following locations:
University Lake Park;
Far North Bicentennial Park (North Gasoline Trail);
Russian Jack Park;
Connors Bog;
South Anchorage Sports Park (Future American Legion Trails).
See attached map of off-leash dog park spaces (following this section).
B. Rules and regulations promulgated for the use of off-leash dog park spaces shall be posted and shall include the following:
1. Dogs must be leashed upon entering and leaving the off-leash dog park space.
2. Classified dogs and female dogs in heat are prohibited.
3. The owner or custodian of the dog must remain in the dog park space with the dog.
4. Dogs must be under control as defined in this chapter.
5. Dog feces must be cleaned up by the dog owner or custodian.
6. Holes dug by dogs must be filled by the dog owner or custodian.
7. Owners or custodians are responsible for all actions of their dogs.
C. Additional rules and regulations for each off-leash dog park space may be needed and will be recommended by the animal control advisory board with concurrence of the parks and recreation commission and approval by the director of the parks and recreation department and the chief animal control officer. Additional approved rules and regulations shall be posted.
D. It shall be unlawful for any owner or custodian of a dog to permit the dog to violate rules and regulations under Section 17.10.090 .
(AO No. 2003-108(S), § 1, 7-22-03; AO No. 2003-127, § 1, 9-30-03; AO No. 2004-86, § 4, 5-18-04)
Editor's note: This section is automatically repealed on December 31, 2004 unless conditions in AO No. 2004-121 are met, whereby the section remains in the Code.
Compiled Laws of the City and Borough of Juneau Alaska
Juneau, Alaska
Chapter 08.05 GENERALLY
Chapter 08.10 ANIMAL CONTROL AUTHORITIES
Chapter 08.15 LICENSES AND PERMITS*
Chapter 08.20 IMPOUNDMENT
Chapter 08.25 RABIES CONTROL
Chapter 08.35 ANIMAL CARE
Chapter 08.40 RESTRAINT AND SANITARY DISPOSAL REQUIREMENTS
Chapter 08.45 OBJECTIONABLE ANIMALS AND OTHER REQUIREMENTS
Chapter 08.30 POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Chapter 08.50 FEES, CITATIONS, AND PENALTIES*
08.05.010 Definitions.
The following words, terms and phrases when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon means to leave an animal for a period in excess of 24 continuous hours without adequate provision for its physical needs.
Animal means all domesticated nonhuman members of the kingdom Animalia.
Animal control officer means the director of animal control and the employees of any entity to whom the function of animal control and protection has been contracted pursuant to section 08.10.010 who serve as enforcement agents.
Animal shelter means any premises designated by the manager or the manager's designee for the purpose of impounding and caring for animals pursuant to this title.
At large means any animal which is not under restraint.
Canidae hybrid means an owned and domesticated offspring of a wild member of the genus and the family Canidae bred to a member of the genus and species Canis familiaris.
Competent voice control means when all the following are met:
(1) The person exhibiting the voice control is present with the animal and monitors all of its activities;
(2) The person exhibiting the voice control is capable of directing all of the animal's movements and activities by voice commands; and
(3) The animal under voice control follows all of the vocal commands quickly and accurately.
Dangerous dog means a dog that is a dangerous dog as defined in section 08.30.010.
Dog means a member of the genus and species Canis familiaris, commonly known as a domestic dog, but does not include other members of the family Canidae such as a fox, coyote, wolf or other game species the taking of which is regulated by the state of Alaska. For purposes of this title, "dog" includes Canid hybrids unless otherwise specified.
Enforcement agent means any peace officer, other law enforcement personnel, or an animal control officer or other person specifically authorized by the manager to enforce the provisions of this title pursuant to section 03.45.010.
Humane Society means the Gastineau Humane Society.
Improperly confined means the confinement of an animal under conditions that endanger the animal's health or safety or the safety of the public.
Keeper means any person, group of persons, partnership, firm, trust or corporation owning, having an interest in, or having control, custody or possession of any animal and includes any adult member of a family or group of persons sharing a residential unit where another member of the family or group has an interest in, has control, custody or possession of an animal which is kept in or on the premises of the shared residential unit. "Keeper" does not include a person who voluntarily undertakes the temporary care of an animal that is otherwise abandoned.
Livestock means cattle, swine, goats, sheep, horses, donkeys, mules, rabbits and poultry.
Molest means to attack, bite, injure or chase when such conduct is unprovoked.
Neglected means an animal that has not received that degree of care which a person of ordinary prudence would give under the same circumstances. The care must include sufficient food and clean water, adequate shelter and protection from the weather, health care, and clean living conditions in conformance with accepted veterinary practice.
Neutered animal means any animal which has been surgically or pharmacologically sterilized.
Objectionable animal means any animal which is doing any of the acts set forth in section 08.45.010.
Potentially dangerous dog means a dog that is a potentially dangerous dog as defined in section 08.30.010.
Restraint means either:
(1) Actual physical control, such as on a leash held by a person capable of physically controlling the animal, on a chain, within fenced premises, in a building, or in a cage; or
(2) Under competent voice control of the keeper or other responsible person; or
(3) On the premises of the keeper or other property with the prior permission of the owner of the property; or
(4) Properly secured within a vehicle as provided in section 72.10.130.
Service dog means:
(1) A dog specifically trained and certified to assist in search and rescue operations and which is utilized to assist in search and rescue operations;
(2) A dog specifically trained and certified to assist persons with disabilities and which is utilized to assist a person with disabilities; or
(3) A dog specifically trained and certified to assist in law enforcement activities and which is utilized to assist in law enforcement activities, also referred to in this title as a "police dog."
Stray means any animal whose owner is unknown or which no one seeks, follows or claims.
Traps means devices for catching and holding wild or domesticated animals, including snares, cages, nets, pitfalls, or clamp-like devices that spring shut suddenly, but not including a live-trapping device consisting of a cage apparatus that traps an animal without injuring the animal.
(Serial No. 92-27, § 2, 1992)
Cross references: Definitions generally, CBJ Code § 01.15.010.
08.05.020 Immunity.
The provisions of this title involve discretionary functions, licensing, permits, approvals, inspection, discovery, abatement, health and safety and other matters as referred to in AS 09.65.070, and determining, or failing to find or determine that a dog is dangerous, or potentially dangerous, or the manner of enforcement or nonenforcement of the provisions of this title, shall not constitute an assumption by the City and Borough, or by any of its officers, employees, and agents of any duty, or be deemed or construed to impose any duty, responsibility or liability on the City and Borough or any of its officers, employees, or agents regarding such actions or nonaction.
(Serial No. 92-27, § 2, 1992)
State law references: Suits against the municipality, AS 09.65.070.
Chapter 08.10 ANIMAL CONTROL AUTHORITIES
08.10.010 Authority and purpose.
The manager shall appoint a director of animal control and such other animal control officers and other employees necessary to carry out the provisions of this title; or, in the alternative, the manager may contract for animal control and protection services to carry out the provisions of this title.
(Serial No. 92-27, § 2, 1992)
08.10.020 Animal control officers; scope of duties.
All animal control officers shall have the following duties:
(a) To investigate and discover violations of this title by all lawful means;
(b) To impound or quarantine an animal in accordance with the provisions of this title, or as otherwise provided by law;
(c) To issue or cause to be issued a citation or a warning to any person violating any provision of this title;
(d) To accurately keep and maintain public records pertaining to:
(1) Dog licenses;
(2) Impoundments;
(3) Quarantines;
(4) Disposition of animals impounded, quarantined, or taken into custody under this title;
(5) Dangerous dogs and potentially dangerous dogs;
(6) Objectionable animals;
(7) Revenues assessed or collected under this title whether by fines or fees; and
(8) Such other actions as may be taken pursuant to this title;
(e) To take such other action as may be necessary or appropriate to enforce the provisions of this title in the manner provided by law, or such other action as may be required by the lawful direction of the manager.
(Serial No. 92-27, § 2, 1992)
08.10.030 Interference with officers; investigations.
(a) It is unlawful for any person to resist, oppose, obstruct or interfere with any animal control officer, enforcement agent, employee of the animal shelter, or other person in the performance of any duty of such officer, agent or person, or by threats or otherwise to intimidate or attempt to intimidate any such officer, agent, or person in the discharge of any official duty.
(b) For the purpose of discharging the duties imposed by this title and to enforce its provisions, any animal control officer or enforcement agent is empowered to go to the entrance of any structure in which the officer or agent believes is kept or harbored a dog believed by the officer or agent to be subject to the licensing requirements of this chapter and to demand the exhibition of the license of the dog by its keeper. Upon such demand, the keeper shall show to the animal control officer or enforcement agent the required license.
(c) For the purpose of discharging the duties imposed by this title and to enforce its provisions, any animal control officer or enforcement agent may enter upon any property, but may not enter into any structure not open to the public.
(Serial No. 92-27, § 2, 1992)
Chapter 08.15 LICENSES AND PERMITS*
__________
*State law references: Dogs, AS 03.55.010 et seq.
__________
08.15.010 Licensing.
(a) No person shall own, keep or harbor any dog, including a Canid hybrid, over the age of six months within the City and Borough unless the dog is licensed as provided in this chapter. Applications for a dog license shall be made to the director of animal control, and shall state the name and address of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making application. All licenses required by this chapter will be issued for a term of one year beginning January 1 of the year for which the license is issued.
(b) No license or tag shall be issued for a dog unless it is shown by a licensed veterinarian's certificate in writing that the dog for which the license is sought has received immunization for rabies within the past 36 months, or unless the applicant is able to furnish other proof satisfactory to the director of animal control. The proof may consist of, but is not limited to, a statement or receipt from a licensed veterinarian or lay vaccinator verifying the rabies immunization.
(c) All potentially dangerous or dangerous dogs shall be licensed each year as provided in section 08.30.090 and this section.
(d) If there is a change of ownership of a dog during the license year, the new owner shall, within 15 days, have the current license transferred to the new owner's name.
(e) No person shall use, or allow the use of, any dog license or tag for an animal other than the dog for which the license and tag was issued.
(Serial No. 92-27, § 2, 1992)
08.15.020 Exemptions.
(a) The licensing requirements of this chapter shall not apply to any dog belonging to a nonresident of the City and Borough and kept within the City and Borough for less than 30 days, provided all such dogs shall, at all times while in the City and Borough, be under restraint.
(b) No license fee for service dogs is required. No impoundment fees will apply to a dog being used as a service dog. A tag for identification purposes shall be provided to the keeper of a service dog upon presentation of proof of immunization for rabies as provided in section 08.15.010.
(Serial No. 92-27, § 2, 1992)
08.15.030 Tag and collar.
(a) Upon compliance with the provisions of section 08.15.010, there shall be issued to the keeper a metallic tag stamped with the number and the year for which issued.
(b) Every keeper is required to ensure that the issued tag is securely fastened to the dog's choke chain, collar or harness, which must be worn by the dog at all times except when kenneled.
(Serial No. 92-27, § 2, 1992)
Chapter 08.20 IMPOUNDMENT
08.20.010 Impoundment generally.
(a) All animals found running at large may be taken up by an animal control officer or enforcement agent and impounded in the animal shelter or in a livestock boarding facility, and there confined in a humane manner for a period of not less than five days, and may thereafter be disposed of pursuant to subsection (d) of this section.
(b) When the keeper of an animal taken up by an animal control officer or enforcement agent is known to the officer or agent, the officer or agent may, instead of impounding the animal in the animal shelter, return custody of the animal to the keeper or other responsible person but only after issuing to such person a citation or warning for violation of this title.
(c) Within 24 hours after impounding any animal, the animal control officer or enforcement agent must make a reasonable effort to notify the animal's keeper and to inform the keeper of the conditions under which the keeper may regain custody of the animal. The officer or agent shall issue a citation or give a warning to the keeper of any dog which has been impounded for being found running at large.
(d) After the expiration of the five-day impoundment period, impounded animals not claimed by their keeper may be disposed of by the Humane Society by adoption, sale or destruction by humane means.
(e) An animal that is abandoned, neglected, improperly confined or otherwise in need of safekeeping may be taken up by an animal control officer or enforcement agent and impounded in the animal shelter. Animals placed under safekeeping impoundment shall be held for a keeper and may thereafter be disposed of by adoption, sale, or destruction by humane means if not claimed by a keeper within ten days. An animal impounded under the circumstances set forth in subsection 08.20.020(b) may not be redeemed, but shall instead be immediately destroyed.
(f) A vicious animal that is found in violation of section 08.30.040 or section 08.30.050 may be taken up by an animal control officer or enforcement agent and impounded in the animal shelter. Vicious animals impounded under this section may be held during the pendency of any hearing on the violation.
(Serial No. 92-27, § 2, 1992; Serial No. 93-12, § 2, 1993)
08.20.020 Redemption of impounded animals.
(a) The keeper shall be entitled to resume possession of any impounded animal, except as provided in subsection (b) of this section, upon the keeper's compliance with the licensing provisions of chapter 08.15 and the payment of all impoundment and boarding fees.
(b) When, in the judgment of the director of animal control or a licensed veterinarian, an impounded animal should be destroyed for humane or health reasons, the animal may not be redeemed, but shall instead be immediately destroyed.
(c) The keeper of an impounded animal shall remain personally liable for all impoundment and boarding fees, notwithstanding the fact that the keeper abandons the animal to the animal shelter, or the animal is adopted, sold or destroyed.
(Serial No. 92-27, § 2, 1992)
Cross references: Animal control fine schedule, CBJ Code § 03.30.054.
Chapter 08.25 RABIES CONTROL
08.25.010 Immunization for rabies.
(a) No person shall own, keep or harbor a dog, cat, or ferret within the City and Borough unless the dog, cat, or ferret has received a rabies vaccination, administered by or under the direct supervision of a licensed veterinarian, in accordance with the Centers for Disease Control and Prevention, Compendium of Animal Rabies Prevention and Control, 2000, as amended from time to time.
(b) Any dog, cat, or ferret not vaccinated in compliance with this section may be confiscated and either vaccinated or euthanized. Owners of confiscated animals are subject to payment of costs of confiscation, boarding, and vaccination, as well as the pertinent fines set out at section 03.30.054.
(c) Rabies vaccination requirements will not apply to wildlife, Canidae hybrids, and other animal hybrids unless and until a rabies vaccine is licensed for these animals. The City and Borough shall defer to the state and the Centers for Disease Control and Prevention, Compendium of Animal Rabies Prevention and Control, 2000, on rabies vaccination issues concerning animals other than dogs, cats, and ferrets.
(Serial No. 92-27, § 2, 1992)
State law references: Similar provisions, 7 AAC 27.20(b).
08.25.015 Impoundment or euthanasia of animals.
The following standards shall be used for impounding or euthanizing animals that may be rabid:
(a) A dog, cat, or ferret vaccinated in accordance with section 08.25.010 that bites a person must be placed under observation for ten days, except that a clinically ill or stray animal that does so may be euthanized immediately and submitted to the state division of public health in the department of health and social services or to a laboratory designated by it for rabies testing.
(b) A dog, cat, or ferret not vaccinated in accordance with section 08.25.010 that bites a person may be euthanized immediately and submitted to the state division of public health in the department of health and social services or to a laboratory designated by it for rabies testing.
(c) A bat or a free-ranging carnivorous wild animal that bites a person must be euthanized immediately and submitted to the state division of public health in the department of health and social services or to a laboratory designated by it for rabies testing.
(d) An unvaccinated dog or cat bitten by a known or suspected rabid animal may be euthanized immediately. A "known rabid animal" means an animal with a positive laboratory test for rabies virus. If the bitten animal has a current rabies vaccination, as defined in the Centers for Disease Control and Prevention, Compendium of Animal Rabies Prevention and Control, 2000, as amended from time to time, the bitten animal must be revaccinated immediately and confined a minimum of 30 days.
(e) A prior rabies vaccination of an animal does not preclude the necessity for euthanasia and testing if the period of virus shedding is unknown for that species.
State law references: Similar provisions, 7 AAC 27.020(c); definition of "known rabid animal," 7 AAC 27.900.
08.25.020 Rabies certificate; contents.
(a) The rabies vaccination certificate, form #51, developed by the National Association of State Public Health Veterinarians, Inc. (NASPHV) and available from the state division of public health in the department of health and social services is adopted as the only valid rabies vaccination certificate.
(b) Each rabies vaccination certificate shall contain the following information:
(1) Full name and address of the animal's keeper;
(2) Age, sex, breed, color and name of the dog, cat or ferret;
(3) Date of immunization;
(4) Type and effective duration of the immunization;
(5) Full name and signature of the licensed veterinarian issuing the certificate; and
(6) All other information required by NASPHV form #51.
(c) The owner or keeper of a dog, cat, or ferret receiving a rabies vaccination shall be provided an anodized aluminum rabies tag no less than 0.064 inches in thickness and distinguishable in shape and color from animal license tags in accordance with the provisions of the Center for Disease Control and Prevention, Compendium of Animal Rabies Prevention and Control, 2000. The rabies tags must be affixed to a collar or harness and must be worn by the dog, cat, or ferret, except that a dog need not wear the tag while harnessed in a dog team or while participating in organized training or competition.
(d) No person shall use, attempt to use or allow the use of, a rabies certificate for dog, cat or ferret other than the dog, cat or ferret for which the certificate was issued.
(Serial No. 92-27, § 2 (part), 1992)
State law references: Similar provisions, 7 AAC 27.20 (b) (2)-(3).
08.25.030 Reporting animal bites and surrender of animal.
The keeper of any animal which bites a human being shall report such occurrence to an animal control officer or enforcement agent as soon as the occurrence becomes known to the keeper, and shall provide such further information as may be requested. The keeper may be required to surrender the animal to the animal control officer or enforcement agent.
(Serial No. 92-27, § 2, 1992)
08.25.040 Quarantine of animals.
(a) Except as provided in subsection (b) of this section, any animal that bites a human being and which does not have a valid rabies certificate shall be quarantined for a period of not less than ten days. At the discretion of the director of animal control, the quarantine location may be on the premises of the keeper, or at the animal shelter or a veterinary hospital at the expense of the keeper. The animal may be reclaimed by the keeper if determined to be free of rabies upon payment of any expenses incurred for the quarantine, unless the animal is a dog that has been classified as potentially dangerous or dangerous and has been ordered quarantined pending a hearing on its classification as provided in section 08.30.020(d), or has been classified as dangerous and ordered destroyed as provided in section 08.30.110.
(b) Any police dog which bites a human being shall be promptly reported to the chief of police or the chief's designee who shall investigate the incident, make a written report, and direct that the dog be referred for examination by a licensed veterinarian and remain in service under the observation of its handler or be quarantined pursuant to this section, as appropriate.
(c) Any animal under quarantine found to be at large or capable of coming into contact with other animals, shall be surrendered to and may be impounded by an animal control officer or enforcement agent.
(Serial No. 92-27, § 2, 1992)
State law references: Quarantine and impoundment, 7 AAC 27.020(a), (c).
08.25.050 Handling rabies cases.
(a) All persons shall report to an animal control officer or enforcement agent any suspected or positively diagnosed occurrence of rabies as soon as such occurrence becomes known to the person.
(b) No person shall kill any suspected or confirmed rabid animal except with the prior written consent of the director of animal control or in defense of a human being or other animal, or to prevent the escape of the suspected or confirmed rabid animal.
(c) Only an animal control officer or person authorized by an animal control officer may remove the carcass of any suspected or confirmed rabid animal from the location where the animal was killed or found.
(Serial No. 92-27, § 2, 1992)
08.25.060 Disposition of rabid animals.
(a) Any animal under quarantine which is confirmed as being rabid by a licensed veterinarian shall be immediately destroyed and disposed of in accordance with state law.
(b) Any animal under quarantine which has been confirmed as having rabies, or suspected by a licensed veterinarian as being rabid, which dies while under quarantine, or the carcass of any dead animal exposed or suspected as having been exposed to rabies, shall be disposed of in accordance with state law.
(Serial No. 92-27, § 2, 1992)
State law references: Quarantine and euthanasia, 7 AAC 27.020(a), (c).
08.25.070 Areawide quarantine.
When there has been a positive diagnosis of rabies within the City and Borough, the manager or the manager's designee may declare an areawide quarantine for such period of time as determined necessary. During the period of areawide quarantine, every keeper shall confine his or her animal within the premises of the keeper and shall not transport, take, or remove his or her animal from the City and Borough without the prior written consent of the director of animal control.
(Serial No. 92-27, § 2, 1992)
Chapter 08.35 ANIMAL CARE
08.35.010 Cruelty to animals.
(a) It shall be unlawful for a person to:
(1) Neglect an animal by failing to give the animal that degree of care which a person of ordinary prudence would give under the same circumstances. The care must include sufficient food and clean water, adequate shelter and protection from the weather, health care, and clean living conditions in accordance with accepted veterinary practice;
(2) Wound, injure, torment, poison, provoke or otherwise physically abuse an animal;
(3) Intentionally kill or injure any animal, unless such act is necessary to defend a human being or other animal from immediate attack, provided this subsection does not prohibit humane euthanasia of animals; the harvest of livestock; hunting of certain animals permitted by state law; killing of a vicious or mad dog; or, with required notice, killing a dog annoying or evincing a tendency to bite animals or fowl;
(4) Abandon an animal which is owned by or in the custody of such person;
(5) Own, possess, keep, or train an animal with the intent that it be engaged in an exhibition of fighting; or
(6) Instigate, promote, attend, or have a pecuniary interest in an exhibition of fighting animals.
(b) It is a defense to a prosecution under this section that the conduct of the defendant
(1) Conformed to accepted veterinary or animal husbandry practice;
(2) Was part of scientific research governed by accepted standards;
(3) Was necessarily incident to lawful hunting or trapping activities; or
(4) Conformed to professionally accepted training and disciplinary methods.
(Serial No. 92-27, § 2, 1992)
State law references: Killing of vicious or mad dog permitted, AS 03.55.010 et seq.; cruelty to animals, AS 11.61.140.
08.35.020 Protective custody.
(a) Any animal subjected to cruelty as described in section 08.35.010, may be impounded and taken into protective custody by an animal control officer or enforcement agent.
(b) Immediately upon impounding the animal the enforcement agent shall make a reasonable effort to notify the animal's keeper. Custody of the animal may not be regained by the keeper while a prosecution for cruelty is pending. When in the judgment of the director of animal control or a licensed veterinarian, an animal impounded should be destroyed for humane or health reasons, the animal shall be immediately destroyed.
(c) Upon a defendant's conviction for cruelty, the court may order that the defendant forfeit ownership, custody, and control of the animal which was the subject of the cruelty.
(d) Unless otherwise ordered by the court, the keeper of an animal impounded pursuant to this section may redeem the animal as provided in section 08.20.020 after completion of the prosecution.
(Serial No. 92-27, § 2, 1992)
08.35.030 Motor vehicle accidents involving animals.
Any person who strikes or injures any domestic animal while operating a motor vehicle shall report the accident to an animal control officer or to the police department.
(Serial No. 92-27, § 2, 1992)
Chapter 08.40 RESTRAINT AND SANITARY DISPOSAL REQUIREMENTS
08.40.010 Dogs at large.
The keeper of any dog shall keep the dog under restraint at all times and shall not permit the dog to be at large.
(Serial No. 92-27, § 2, 1992)
08.40.020 Leash law areas.
Except as provided in section 08.30.050, in the following areas, the keeper of a dog must keep the dog restrained on a leash no longer than ten feet, held by a person capable of controlling the animal, unless the animal is participating in an officially organized activity which requires it to be unleashed:
(a) Reserved.
(b) All City and Borough floats and docks as provided in section 85.25.090;
(c) All public school grounds;
(d) All streets, sidewalks, other public property or private property open to the public within the Juneau central business district. For purposes of this subsection, "the Juneau central business district" means the grounds of Centennial Hall, the grounds of the Alaska State Historical Museum, the grounds of the Alaska Governor's Mansion, the grounds of the State Office Building, and the entire area bounded by and including Franklin Street from Mill Way to Fifth Street, Fifth Street from Franklin Street to Main Street, Main Street from Fifth Street to the mean high water line, the mean high water line from Main Street to a point immediately opposite Mill Way and from such point to Mill Way, all as shown on Exhibit A attached to the ordinance codified in this section on file in the municipal clerk's office;
(e) The premises of the Juneau International Airport as provided in section 05.05.090;
(f) That portion of the Gold Creek Watershed shown on Exhibit B, on file for reference in the city clerk's office, and described as the area bounded on the north by Basin Road, on the east by Snowslide Gulch, on the south by an imaginary line 500 feet south of Gold Creek, and on the west by the gate to the Last Chance Basin wellfield.
(Serial No. 92-27, § 2, 1992; Serial No. 95-10, § 4, 1995; Serial No. 2005-05d, § 2, 4-25-2005)
08.40.030 Dog prohibition areas.
Dogs are prohibited in the following areas:
(a) Reserved.
(b) The grounds of the municipal cemeteries as provided in section 62.20.070;
(c) The area of the Salmon Creek Watershed, described as the area which drains into the Salmon Creek reservoir, as shown on Exhibit C, on file for reference in the municipal clerk's office.
(Serial No. 92-27, § 2, 1992; Serial No. 2005-05d, § 3, 4-25-2005)
08.40.040 Sanitary disposal requirements.
(a) No keeper may permit a dog to be in any of the leash law areas described in section 08.40.020, unless the keeper has immediately available an instrument which is intended to be used to remove any fecal matter left by the dog and a suitable container in which the fecal matter is to be stored until properly disposed of.
(b) A keeper who permits a dog to be in any of the leash law areas described in section 08.40.020 must immediately remove all fecal matter left on such property by the dog.
(c) A keeper required to carry an instrument and container under subsection (a) of this section shall show these items to any animal control officer or enforcement agent upon demand.
(Serial No. 92-27, § 2, 1992)
08.40.050 Confinement and restraint of potentially dangerous dogs and dangerous dogs.
The keeper of a potentially dangerous or dangerous dog shall confine and restrain the dog as provided in sections 08.30.030 through 08.30.040.
(Serial No. 92-27, § 2, 1992)
08.40.060 Female dogs in season.
The keeper of a female dog in season shall keep the dog confined in a building or secure enclosure or on a leash, or in a veterinary hospital or boarding kennel, in such manner that the dog cannot come in contact with a male dog except for planned breeding purposes.
(Serial No. 92-27, § 2, 1992)
08.40.070 Release from restraint.
(a) No person shall, without the consent of the keeper, release any dog from restraint except when necessary to preserve the life of the dog or of a human being.
(b) Any person releasing any dog from restraint pursuant to subsection (a) of this section shall immediately inform an animal control officer that he or she has done so; or in the alternative, such person shall immediately return the dog to the custody of its keeper.
(Serial No. 92-27, § 2, 1992)
08.40.080 Improper restraint.
(a) The keeper of an animal shall not tie or otherwise physically fasten the animal to any object on a sidewalk, street or public thoroughfare unless the animal is participating in an officially organized activity which requires it to be fastened in this manner.
(b) The keeper of an animal shall not tie or otherwise physically fasten the animal in such a manner as to create immediate danger to the physical well-being of the animal.
(Serial No. 92-27, § 2, 1992)
Chapter 08.45 OBJECTIONABLE ANIMALS AND OTHER REQUIREMENTS
08.45.010 Objectionable animals.
(a) The keeper of an animal shall:
(1) Prevent the animal from disturbing a neighborhood or any number of persons by frequent or prolonged noise, barking, howling or other noises;
(2) Prevent the animal from defecating upon, digging upon or injuring public property or a public thoroughfare or private property without the permission of the property owner;
(3) Prevent the animal from snapping, running after or jumping at vehicles or persons using the public thoroughfares within the City and Borough;
(4) Prevent the animal from growling, snapping at, jumping upon or otherwise menacing, injuring or frightening persons; provided, that this subsection shall not apply if the person is trespassing or otherwise acting in violation of the law; and
(5) Prevent the animal from snapping, harassing or otherwise disturbing or injuring any wild game.
(b) Any animal found in violation of subsection (a) of this section may be immediately impounded by an animal control officer or enforcement agent.
(c) A person who owns or is in lawful possession of property upon which there is an objectionable animal or who observes an objectionable animal on public property or a public thoroughfare may take the animal into custody and hold the animal in a humane manner pending transfer to an animal control officer or enforcement agent; provided, no animal may be held in such private custody for more than 24 hours. A person who takes an objectionable animal into custody under this subsection shall:
(1) Immediately call the animal shelter and request that an animal control officer or enforcement agent take custody of the animal; and
(2) File a written statement at the animal shelter describing the incident. The animal control officer or enforcement agent shall take custody of the animal and shall take the written statement of the person holding the animal. The officer or agent shall issue to the keeper of the animal a citation or warning and may impound the animal if the keeper cannot be found immediately.
(d) It is an affirmative defense to a charge under subsection (a)(1) of this section that the noise is a normal result of a kennel authorized in an industrial zone under title 49 of this Code.
(Serial No. 92-27, § 2, 1992; Serial No. 2000-47am, § 2, 1-22-2000)
08.45.020 Dead animals.
(a) No person shall deposit any dead or fatally sick or injured animal upon any public or private place except as provided in this section, or into any body of water.
(b) All persons shall immediately dispose of any dead animal, whether their own or found upon their property, either by proper burial or by incineration at an appropriate facility. If there is a tag or other form of identification on the animal, the property owner shall make a reasonable effort to locate the keeper of the animal and notify him or her of the animal's death.
(Serial No. 92-27, § 2, 1992)
08.45.030 Trapping prohibited.
It is unlawful for any person to set traps within one-half mile of any public or private street, road, right-of-way or highway within the City and Borough.
(Serial No. 92-27, § 2, 1992)
Chapter 08.30 POTENTIALLY DANGEROUS AND DANGEROUS DOGS
08.30.010 Definitions.
(a) Except as provided in subsection (e) of this section, a "potentially dangerous dog" is any dog that:
(1) Without provocation, chases or approaches a person in a threatening manner or in an apparent attitude of attack; or
(2) Has a known propensity, tendency, or disposition to attack without provocation, or otherwise threaten the safety of human beings or domestic animals.
(b) Except as provided in subsection (c) of this section, a "dangerous dog" is any dog that:
(1) Has bitten or otherwise inflicted physical injury on a human being without provocation on public or private property;
(2) Has, while off the premises of its keeper, killed a domestic animal without provocation; or
(3) Has been previously classified as potentially dangerous and is found in violation of the provisions of this chapter, or whose keeper has, in relation to that dog, violated any of the provisions of this chapter.
(c) "Provocation" means the teasing, tormenting, abusing, or assault of a dog to incite the dog to bite or attack.
(d) "Physical injury" means physical pain or an impairment of physical condition.
(e) Exceptions to potentially dangerous and dangerous dog classifications are as follows:
(1) No dog may be classified potentially dangerous or dangerous if:
(A) Acting against a trespasser who had illegally entered premises occupied by the keeper of the dog; or
(B) The dog was being tormented abused or assaulted.
(2) No dog may be classified potentially dangerous or dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack by a person or other animal, or if the dog was acting to defend itself from attack by another animal.
(3) No dog may be classified potentially dangerous or dangerous if the injury or damage to an animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its keeper and the damage or injury was to a species or type of animal appropriate to the work of the dog.
(4) No dog may be classified potentially dangerous or dangerous if the dog has been trained to attack persons independently or upon oral command while under the control and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of its duties.
(Serial No. 92-27, § 2, 1992)
Cross references: Definitions generally, CBJ Code § 01.15.010.
08.30.020 Classification of dogs; notice; restrictions pending appeals.
(a) The director of animal control shall have the authority to determine, based on probable cause, that a dog is potentially dangerous or dangerous. The determination and classification of the dog shall be completed by the director within ten days of the bite or attack report. In making the classification, the director will consider all of the facts and circumstances of the incident, including the following factors:
(1) The observed and reported past and present behavior of the dog;
(2) Whether the incident was accidental in nature;
(3) The extent of the injury to the person or animal attacked;
(4) The keeper's past history of compliance with the City and Borough animal control code provisions pertaining to the dog involved in the incident; and
(5) The keeper's past history of animal control code violations pertaining to the dog involved in the incident.
(b) Written notice of a dog's classification under subsection (a) of this section shall be served on the keeper of the dog at the keeper's last known address. The notice shall describe the dog, state the grounds for its classification, and state the restrictions and other requirements, including a spay or neuter requirement as the director determines appropriate, applicable to the dog by reason of its classification. The notice shall also state that if a written request for a hearing is filed with the director of animal control within ten days after completion of service of the notice, a hearing will be conducted by the animal hearing board under section 08.30.030 to review the classification of the dog or any related written administrative orders issued by the director. The right to a hearing shall be deemed waived if not timely requested as set forth on this subsection.
(c) The notice referred to in subsection (b) of this section shall be given either by personal delivery to the person to be notified or by certified mail, return receipt requested, addressed to the person at the person's last known address. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon return of the receipt or upon return of the notice as undeliverable, refused, or unclaimed.
(d) During the pendency of any hearing on the classification of a potentially dangerous or dangerous dog, the director of animal control may require that the dog be kept securely confined on the premises of the keeper or other location acceptable to the director which may include quarantine time at the animal shelter at the keeper's expense.
(Serial No. 92-27, § 2, 1992)
08.30.030 Animal hearing board.
(a) The animal hearing board shall be composed of five members and one alternate member appointed by the manager for staggered three-year terms. There shall be one member selected from each of the following groups: licensed veterinarians; organized animal interest groups; animal trainers, preferably experienced in handling problem animals; animal owners from the general public; and nonanimal owners from the general public. The alternate shall also be selected from one of these groups. No member of the animal hearing board who has served for three consecutive terms or nine years shall again be eligible for appointment until one full year has intervened, provided, however, that this restriction shall not apply:
(1) If there are no other qualified applicants at the time reappointment is considered by the assembly human resources committee, or
(2) To qualified board members serving in board seats for which a specific occupation or expertise is set forth by ordinance.
(b) The animal hearing board shall hear appeals regarding the classification of dogs as potentially dangerous or dangerous, related written administrative orders issued by the director of animal control, and decisions on applications for reclassification of dogs under section 08.30.120.
(c) The hearing before the animal hearing board shall be held within 14 days of receipt of the request for a hearing. The hearing shall be informal, and technical rules of evidence shall not apply. In the animal hearing board's review of the classification of the dog, the animal hearing board shall determine whether the director's classification of the animal is supported by substantial evidence in the record. "Substantial evidence" means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
(d) The animal hearing board shall enter written findings of fact and conclusions of law, stating the reasons for the determination and indicating the evidence relied upon. The written decision shall be filed with the director of animal control and the municipal clerk no later than 48 hours after the close of the hearing. The proceedings at the hearing shall be recorded.
(e) When a dog has been classified as dangerous, the animal hearing board shall first determine if that classification is proper. If the animal hearing board determines that the dog was improperly classified as dangerous, the animal hearing board shall then determine if the dog is potentially dangerous. If the animal hearing board determines that the dog is potentially dangerous or dangerous, the keeper shall comply with the requirements of this chapter applicable to potentially dangerous or dangerous dogs, and any associated written administrative orders.
(f) The animal hearing board's decision shall include an order stating the amount of fees and costs associated with the quarantine of the dog at the animal shelter while the appeal was pending. In the event the animal hearing board determines that the dog is neither potentially dangerous nor dangerous, no costs shall be charged for quarantine of the dog at the animal shelter during pendency of the hearing.
(Serial No. 92-27, § 2, 1992; Serial No. 2004-08, § 3, 3-22-2004)
08.30.040 On-premises confinement.
While on the keeper's property, a potentially dangerous or dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the dog from escaping by climbing, burrowing, or otherwise. The potentially dangerous or dangerous dog must be securely confined indoors at all times until the enclosure is available. The enclosure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground to a depth of not less than one foot. The enclosure must also provide adequate protection from the elements and be kept in a clean and sanitary condition.
(Serial No. 92-27, § 2, 1992)
08.30.050 Off-premises restraint.
A potentially dangerous or dangerous dog may be off the keeper's premises only if it is humanely muzzled and restrained by a substantial leash not exceeding four feet in length. The leash and dog shall be under the actual physical control of a person suitable to control the dog at all times. Such dogs shall be not leashed to inanimate objects such as trees, posts or buildings. The muzzle must be made in a manner that will not cause injury to the dog or interfere with the dog's vision or respiration, but must prevent the dog from biting any person or animal.
(Serial No. 92-27, § 2, 1992)
08.30.060 Notification of change of status.
The keeper shall immediately notify the director of animal control if a potentially dangerous or dangerous dog is at large, unconfined, has attacked another animal or a human being, or has died, been sold, been given away, or is otherwise no longer in the possession of the keeper. If the dog has been sold or given away, the keeper shall provide the director with the name, address, and telephone number of the new keeper, who, if located in the City and Borough, shall comply with the requirements previously applied to the dog and the requirements of this chapter.
(Serial No. 92-27, § 2, 1992)
08.30.070 Signs.
The keeper shall display signs in such form as required by the City and Borough on the keeper's premises warning that there is a potentially dangerous or dangerous dog on the premises. One sign must be visible from any public right-of-way abutting the premises. A sign must also be posted on the enclosure for the dog.
(Serial No. 92-27, § 2, 1992)
08.30.080 Liability insurance.
The keeper of a potentially dangerous or dangerous dog shall maintain a liability insurance policy in an amount of not less than $100,000.00 covering any damage or injury that may be caused by the dog. The policy shall contain a provision requiring that the director of animal control be notified by the insurance company of any cancellation, termination or expiration of the policy.
(Serial No. 92-27, § 2, 1992)
08.30.090 Special license and tag.
(a) The keeper of any potentially dangerous or dangerous dog shall obtain from animal control a special license and collar for the dog. The special license will be issued for a term of one year beginning January 1 of the year for which the license was issued.
(b) An application for a special license shall be made to the director of animal control and shall include the information required by section 08.15.010, proof of the insurance required in section 08.30.080, a picture of the dog, and any other information requested by the director of animal control.
(c) Upon completion of all application requirements a special license identification tag will be issued to the keeper of a potentially dangerous or dangerous dog. The keeper shall ensure that the issued tag is securely fastened to the required collar and the tag and collar must be worn by the dog at all times.
(d) If there is a change of ownership of the dog during the license year, the new owner shall, within 15 days, have the current license transferred to the new owner's name.
(Serial No. 92-27, § 2, 1992)
08.30.100 Spay or neuter requirement.
The director of animal control or the animal hearing board may order that within 14 calendar days after the classification as a potentially dangerous or dangerous dog, the keeper of the dog shall have the animal spayed or neutered and present proof of that fact to the director of animal control. The alteration of the dog shall be at the keeper's expense.
(Serial No. 92-27, § 2, 1992)
08.30.110 Destruction of dangerous dogs.
(a) The animal hearing board may order any dog that is classified as dangerous to be humanely destroyed after being quarantined for such period as provided by law.
(b) Any potentially dangerous or dangerous dog involved in a violation of this chapter may be ordered destroyed by the court.
(Serial No. 92-27, § 2, 1992)
08.30.120 Reclassification of dogs.
(a) The keeper of any dog classified as potentially dangerous or dangerous may apply for reclassification of the dog to nondangerous. Applications with respect to dogs classified as potentially dangerous will be reviewed and acted upon by the director of animal control. Applications with respect to dogs classified as dangerous will be reviewed and acted upon by the animal hearing board. A request for a hearing to review a decision of the director on an application for reclassification must be filed within ten days after completion of service of the notice. Notice shall be served in the manner set forth in section 08.30.020.
(b) In order to be eligible for reclassification, the dog must have obtained a certificate of canine good citizenship or its equivalent since its classification as potentially dangerous or dangerous. In addition, in deciding whether to approve the reclassification of a dog, the following criteria shall be considered:
(1) The nature and circumstances of prior occurrences with the dog that resulted in its classification as potentially dangerous or dangerous; and
(2) Whether the keeper has been in compliance with all requirements concerning the dog since its classification as potentially dangerous or dangerous.
(c) A second classification of a dog as potentially dangerous or dangerous after removal of the classification pursuant to subsection (a) of this section, shall result in the dog being permanently ineligible for removal of the classification under this section.
(Serial No. 92-27, § 2, 1992)
Chapter 08.50 FEES, CITATIONS, AND PENALTIES*
__________
*Cross references: Fines, CBJ Code ch. 03.30, art. III; traffic fines, CBJ Code § 03.30.051 et seq.
__________
08.50.010 Fee schedule.
The assembly shall, by resolution, establish a fee and charge schedule for all licenses, special licenses, permits, duplicate tags, license transfers, impoundments, quarantines, and other services performed pursuant to this title.
(Serial No. 92-27, § 2, 1992)
08.50.020 Citations.
(a) Any animal control officer or enforcement agent shall, when a person is in violation of this title or when an animal is found running at large or otherwise in violation of any provision of this title and when the keeper of the animal is known to the officer or agent, issue a citation or warning to the keeper.
(b) An animal control officer or enforcement agent who cites a person for violation of any provision of this title shall take the name and address of the person together with such pertinent information as may be necessary.
(c) If the form of citation issued includes information and is sworn to as required for a complaint charging commission of the offense alleged in the citation, then such citation when filed in the court shall be deemed a lawful complaint for the purpose of prosecution under this title. When an animal control officer or enforcement agent does not know the name of the alleged violator whose animal has been impounded, the officer or agent may issue and sign a "John Doe" citation which may be left at the animal shelter. When the animal is claimed the person authorized to release the animal shall fill in on the citation the name and address of the person claiming the animal and shall serve the citation on such person before releasing the animal.
(Serial No. 92-27, § 2, 1992)
Cross references: Citations procedure, CBJ Code § 03.30.025; fines, CBJ Code § 03.30.054.
08.50.030 Criminal liability.
(a) Except as otherwise specifically provided in this section, violations of the animal control and protection code are infractions.
(b) Cruelty to animals is a Class B misdemeanor.
(c) Interference with an enforcement agent is a Class B misdemeanor.
(Serial No. 92-27, § 2, 1992)
State law references: Cruelty to animals, AS 11.61.140.
|
