Chapter 6.32
PENALTIES
Sections:
6.32.010 Infractions and violations.
6.32.020 Repealed.
6.32.040 Repealed.
6.32.050 Penalties and remedies.
6.32.060 Citations for infractions.
6.32.070 Repealed.
6.32.080 Civil penalty and statutory injunction.
6.32.010 Infractions and violations.
A. An infraction is a minor offense which carries no jail sentence and cannot result in the loss of a valuable license. Except as otherwise provided in this title, any person convicted under this title shall be deemed guilty of an infraction and shall be punished by a fine not less than $50.00, nor greater than $500.00.
B. Unless an offense specifies a mental state as an element of the offense, each and every infraction or violation enacted pursuant to this chapter is a strict liability offense for which the owner of the animal is responsible. (Ord. 05-11 § 3, 2005; Ord. 12-17 § 4, 2012)
6.32.020 Misdemeanors.
Repealed by Ord. 05-11.
6.32.030 Forfeiture.
A. Any owner shall forfeit all rights of ownership of an animal if the owner is:
1. Convicted of violating HMC 6.04.090;
2. Ordered by the court to forfeit the animal; or
3. Required by the Chief Animal Control Officer to forfeit the animal pursuant to HMC 6.04.100(C)(1) or 6.20.040(E).
B. Any person who fails to pay impoundment and boarding fees and other costs and expenses reasonably incurred by the City for the care and maintenance of an animal may be subject to forfeiture of the person’s rights and interest in the animal.
C. Any forfeited animal shall be subject to the impoundment, adoption and euthanasia requirements of this title.
D. An animal forfeited pursuant to this section is immediately subject to subsection (C) of this section. The Chief Animal Control Officer shall serve the owner of an animal subject to forfeiture of this section a written notice of intent to forfeit. The notice shall be served on the owner of the animal by personal service or certified mail. If the owner cannot be served, notice shall be given by publication pursuant to Rule 4 of the Alaska Rules of Civil Procedure. Within five business days after service, the owner may appeal the forfeiture by appeal with the City Clerk or agency authorized by the contract with the City. If the animal owner fails to appeal the forfeiture within five business days, the animal is forfeited to the City.
E. Forfeiture Appeals. The City shall appoint the Animal Control Board to conduct the forfeiture hearings pursuant to HMC 6.08.050. The final decision of the Animal Control Board may be appealed to superior court pursuant to Rule 602 of the Alaska Rules of Appellate Procedure. (Ord. 12-17 § 4, 2012)
6.32.040 Civil penalty and statutory injunction.
Repealed by Ord. 05-11.
6.32.050 Penalties and remedies.
A. Penalties and remedies for violations of this chapter are as provided in Chapter 1.16 HMC.
B. The fines set forth in HMC 1.16.030 may not be judicially reduced. (Ord. 12-17 § 4, 2012)
6.32.060 Citations for infractions.
A. Citations – Contents. The citation issued for violation of the provisions of this title shall be in writing, state the nature of the violations, name the alleged violator, and contain a notice to answer to the charges against the alleged violator in the Alaska State District Court for the Third Judicial District at Palmer. The citation shall further state that the defendant is entitled to a trial, to engage counsel, to confront and question witnesses, to testify, and to subpoena witnesses in the defendant’s behalf. The citation shall also indicate whether a court appearance is mandatory or can be waived, shall state the fine established by City ordinance, the procedure the defendant must follow in responding to the citation, and the consequences for failure to respond.
B. Issuance. Any Animal Control Officer or other authorized agent of the City may issue, file and serve citations for violations of the provisions of this title.
C. Disposition. A person issued a citation pursuant to this title has the option of paying the applicable fine to the district court clerk upon entering the plea of “no contest” and waiving appearance in court. The defendant may enter a plea of “not guilty” and request a trial.
D. No Contest and Conviction. Persons who do not contest the citation, who change their original plea of “not guilty” to “no contest,” or persons convicted of the offense charged shall be fined according to the fine schedule for all violations set forth in HMC 1.16.030 and for all other violations according to the fine limits set forth in HMC 6.32.010. (Ord. 12-17 § 4, 2012. Prior code § 12.40.060)
6.32.070 Summons and complaint for misdemeanors.
Repealed by Ord. 05-11.
6.32.080 Civil penalty and statutory injunction.
Pursuant to AS 29.25.070(b), the City may institute a civil action against any person who violates any provision of this title. In addition to injunctive and compensatory relief, a civil penalty may also be imposed for each violation. An action to prohibit a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day a violation of this title continues constitutes a separate violation. (Ord. 12-17 § 4, 2012)