Chapter 7.30
IMPOUND, PROTECTIVE CUSTODY, AND QUARANTINE
Sections:
7.30.010 Seizure of animals for protective custody.
7.30.030 Notice of impound or protective custody.
7.30.040 Release of animal to keeper.
7.30.080 Conditions of quarantine.
7.30.090 Interference in official duties.
7.30.010 Seizure of animals for protective custody.
A. The animal control officer or agent may place into protective custody any animal upon a veterinarian’s determination that it is in the immediate best interest of the animal that it be placed into protective custody or, if the officer or agent is not able to communicate with a veterinarian, upon the officer’s determination that it is in the immediate best interest of the animal that it be placed into protective custody.
B. An animal control agent with cause to believe that an animal is not receiving humane care may temporarily seize the animal for inspection by a veterinarian. If a veterinarian is not available to inspect the animal, the agent may communicate, by any available means, to a veterinarian the agent’s observations of the animal and its environment and the veterinarian may make a determination based upon this information. If a veterinarian determines that protective custody is not in the best interest of the animal, it shall be returned to its keeper without charge unless continued city custody of the animal is otherwise authorized by this title. (Ord. 18-07 § 2 (part), 2019.)
7.30.020 Impound.
A. An animal control agent may impound any at large or stray animal.
B. Upon a written witness statement or the animal control officer’s observation, an animal control officer or agent may impound an animal that acts in a manner described in Section 7.40.060(A).
C. A person who owns or is in lawful possession of property upon which there is an animal that acts in a manner described in Section 7.40.060(A), or who observes an animal on public property or a public thoroughfare acting in a manner described in Section 7.40.060(A), may seize the animal and hold it pending transfer to an animal control officer or agent for impound; provided no animal may be held in such private custody for more than twenty-four hours. A person who takes an animal into custody under this subsection shall:
1. Immediately call the animal control officer or agent to request a pickup of the animal; and
2. File a written witness statement with the animal control officer or agent, describing the incident. (Ord. 18-07 § 2 (part), 2019.)
7.30.030 Notice of impound or protective custody.
A. An animal control agent who impounds or takes protective custody of an animal other than a stray shall notify the animal’s keeper of the action in writing and of the keeper’s right to have the animal released. Notification may be delivered in person, posted at the keeper’s residence, or mailed to the keeper.
B. If the keeper of a seized animal is known, a reasonable attempt will be made to notify the keeper by phone or in person of their animal’s whereabouts as soon as possible.
C. Animals held at the control center for ten days and not claimed by the owner or keeper shall become the property of the city and upon determination of temperament may be put up for adoption, sent to a rescue group, or euthanized. (Ord. 18-07 § 2 (part), 2019.)
7.30.040 Release of animal to keeper.
A. Except as otherwise provided in this section, an animal may be released from quarantine, protective custody, or impound to its keeper if the animal is determined to be free of rabies or other contagious disease and upon payment of all fees specified in Section 7.10.050 as well as the actual costs of any veterinary care provided to the animal.
B. An animal may not be released to the animal’s keeper if:
1. The animal is not registered as required by this title;
2. The animal was taken into protective custody and the keeper fails to provide the animal control officer adequate assurance that the animal will receive humane care if released;
3. The keeper has been found to have committed an act of cruelty to an animal or an animal cruelty investigation is ongoing;
4. The animal has been adopted; or
5. Any provision of this title restricts or prohibits such release.
C. If the animal has been classified as aggressive under Section 7.40.050, prior to releasing the animal the animal control officer may inspect the premises where the animal is kept to ensure that, to the officer’s reasonable satisfaction, the requirements of Section 7.40.070 will be satisfied.
D. The animal control officer has discretion to not release an animal to its keeper if the animal has been impounded three or more times in the previous sixty days. Such an animal shall be considered abandoned.
E. Appeal of the animal control officer’s decision to not release an animal must be made in writing and received by the city manager’s office within five business days of the date the request for the animal’s release was denied. The appeal shall be governed by Section 7.40.080. (Ord. 18-07 § 2 (part), 2019; Ord. 19-04 § 2 (part), 2019.)
7.30.050 Adoption.
A. The city may adopt out to a person capable of providing humane care an adoption-eligible animal in the city’s custody.
B. If the person interested in adoption had been previously registered as or known to be the keeper of the animal, the person shall pay all fees and costs that would be applicable if such animal were being released from impound. (Ord. 18-07 § 2 (part), 2019.)
7.30.060 Euthanasia.
A. The following animals may be euthanized at any time:
1. An animal exhibiting symptoms of a major infectious or contagious disease, as determined by a licensed veterinarian if available, that is a danger to the health and safety of the public or other animals within the city;
2. An animal that in the judgment of the animal control officer or agent is injured or suffering to the extent that it should be euthanized for humane reasons. When reasonably possible, the opinion of a licensed veterinarian will be obtained prior to euthanasia under this subsection;
3. An abandoned animal that is not adoption eligible or has been unable to be adopted;
4. An animal deemed by the animal control officer in conjunction with the police chief to be dangerous and a safety risk to the animal control officer or the public.
B. Euthanasia of an animal in the custody of the city may be accomplished in the following manner:
1. By a licensed veterinarian, or a technician trained and certified under the Permit for Use of Drugs to Euthanize Domestic Animals as specified in AS 08.02.050.
2. An animal may be shot by a law enforcement officer, a veterinarian, or an agent or designee of the animal control officer, if it is restrained in a humane way, and it is performed by a highly skilled and trained person using a weapon that will produce instantaneous death by a single shot.
C. The animal control officer shall maintain a list of animals euthanized including a description of the animal and the condition for euthanasia, available for review by the general public.
D. A reasonable effort shall be made to contact the keeper of a non-stray animal prior to euthanasia unless, in the sole opinion of the animal control officer or other responsible official, the animal is suffering unduly. (Ord. 18-07 § 2 (part), 2019; Ord. 19-04 § 2 (part), 2019.)
7.30.070 Rabies control.
A. The city animal control officer, under the direction of the city manager, shall cooperate with other agencies in establishing a rabies control program for the city.
B. All persons shall report to an animal control officer or agent any suspected or positively diagnosed occurrence of rabies as soon as such occurrence becomes known to the person.
C. No person may kill any suspected or confirmed rabid animal or an animal subject to quarantine except to defend a human being, or domestic animal, from death or bodily injury, unless otherwise provided in this title.
D. Any at large animal suspected of being rabid and evading attempts to be caught may be shot by an animal control officer or agent and the head sent to the appropriate laboratory for examination of rabies disease.
E. Only an animal control officer or agent may remove the carcass of any suspected or confirmed rabid animal from the location where the animal was killed or found.
F. The carcass of an animal suspected of being rabid shall upon demand be surrendered to an animal control officer or agent or to the Department of Health and Social Services.
G. Any animal that bites a person or animal shall be quarantined for no less than ten days, and if such bite was without provocation, the keeper shall pay all costs of quarantine.
H. Animals that have been exposed to an animal that has bitten a person may be quarantined at the animal control officer’s discretion.
I. If the animal control officer or agent reasonably suspects an animal to have rabies, that animal shall be quarantined immediately and/or euthanized.
J. An unvaccinated animal that has been bitten by an animal diagnosed as rabid shall be euthanized immediately.
K. If a bitten animal has a current rabies vaccination, the animal shall be revaccinated immediately and quarantined and, except as otherwise provided in this section, its keeper shall comply with the standard requirements for animal rabies vaccination in 7 AAC 27.020(c).
L. Any animal classified as aggressive under Section 7.40.050 and reasonably suspected of being rabid may be euthanized before completion of quarantine and, if practical, the keeper will be notified.
M. When there has been a positive diagnosis of rabies within the city, the city manager or the city manager’s designee may declare an area-wide quarantine for such period of time as determined necessary and there shall be no animals transported, taken, or removed from the city without the prior written consent of the city manager. Except as otherwise provided in this section, every keeper shall quarantine his or her animal. (Ord. 18-07 § 2 (part), 2019; Ord. 19-04 § 2 (part), 2019.)
7.30.080 Conditions of quarantine.
A. Every quarantined animal not kept in an animal control center will be kept in a secure enclosure such as a house, closed garage, other building or basement, and a quarantine sign shall be posted so that it is visible from the outside of the property. If the animal is taken outside to relieve itself, it must be on a leash held by a competent person fifteen years or older and must be returned to the enclosure immediately. The keeper shall inform the animal control officer or agent where the animal is being quarantined.
B. An animal shall remain quarantined until released, in writing, by the animal control officer or agent. No other person may release an animal from quarantine. The animal control officer or agent may require that an animal be inspected by a veterinarian before releasing it from quarantine.
C. If the animal should become sick, die or escape, the animal control officer or agent shall be notified immediately. If the animal is sick or dying, it shall not be removed from quarantine.
D. No person may remove a quarantined animal from the city without notifying the city manager in writing at least two business days before the intended removal and obtaining the city manager’s written consent.
E. The animal control officer or agent may direct that a quarantined animal be quarantined at the animal control center. An animal with no proof of current rabies vaccination shall be quarantined at the animal control center. (Ord. 18-07 § 2 (part), 2019.)
7.30.090 Interference in official duties.
It is unlawful for any person to:
A. Open a vehicle being used to transport animals to the animal control center, open the doors of the animal control center, or open or tamper with the doors of a live trap with the intent of allowing impounded animals to escape; or
B. Intentionally, recklessly, or negligently:
1. Interfere with the animal control officer or agent in performance of a duty under this title, or
2. Tamper with any equipment used in the performance of any duty under this title. (Ord. 18-07 § 2 (part), 2019; Ord. 19-04 § 2 (part), 2019.)