Chapter 7.04
ANIMALS
Sections
7.04.030 Annoying animals or fowl
7.04.080 Maintenance of large farm animals prohibited—exceptions—permit
7.04.114 Method of impoundment
7.04.130 Disposal of diseased or unwanted dogs and other small animals
7.04.140 Disposal of dead animals
7.04.155 Destruction of vicious dogs or other animals—restitution
For statutory provisions regarding killing dogs, see AS 3.55.010—3.55.030; for power of municipalities to regulate licensing, impounding, and disposition of animals, see AS 29.35.210(a)(3); for fines and fees, see Res. 18-92.
7.04.010 Cruelty to animals
(a) No person may knowingly wound, injure, torment, abuse, mutilate, torture, or inhumanely kill any animal.
(b) No person may intentionally poison any dog, cat, or other domestic animal, or distribute or place poison in a manner or location where the distributor knows or should reasonably know that the poison will be accessible to a domestic animal.
(c) No person may abandon an animal by releasing the animal to forage for itself or by confining or restraining the animal for a period in excess of 18 consecutive hours in a place where there is not a custodian who has assumed the responsibility of providing sufficient food and water.
(d) The owner or custodian of an animal shall provide food and water sufficient to maintain the animal in a healthy condition, and adequate and proper shelter for the animal to protect the animal from weather. Shelter maintained for animals kept outside of a residential dwelling shall meet the following standards:
(1) Animals shall not be overcrowded;
(2) Animals shall not be exposed to excessive heat or cold;
(3) Animal shelters shall be draft free;
(4) Clean animal bedding shall be provided which shall be of a sufficient size and quality for the animals being kept; and
(5) All structures, pens, coops, or yards shall be maintained in a clean and sanitary condition, devoid of rodents and varmints, and free of objectionable odor.
(e) No person may use a live bird as a target to be shot at either for amusement or as a test of skill for marksmanship. [Ord. 436 §1, 1975]
7.04.020 Contagious diseases
No person may harbor or keep an animal infected with a contagious or pestilential disease unless the animal is closely confined and under the care of a licensed veterinarian. [Ord. 436 §1, 1975]
7.04.030 Annoying animals or fowl
No person may harbor, keep, or maintain any animal or fowl which barks, bays, howls, yaps, mews, yowls, yelps, quacks, honks, crows, squawks, clucks, or otherwise makes noise with such frequency or at such times of the day or night as will cause annoyance to a reasonable person. [Ord. 795 §1, 1986; Ord. 436 §1, 1975]
7.04.040 Herding
Repealed by Ord. 1431. [Ord. 436 §1, 1975]
7.04.050 Tethering
No person may tie, stake, or fasten any domestic or other animal within any street, alley, or public place within the city limits or in a manner which permits the animal access to any portion of any street, alley, or public place. [Ord. 1431 §7, 2023; Ord. 436 §1, 1975]
7.04.060 Control of animals
(a) Except as otherwise provided in this chapter, a person who is the owner or custodian of a dog shall keep and maintain the dog under control at all times when the dog is off the premises of the owner or custodian and not confined within an enclosure by restraining the dog with a leash, cord, or chain, not more than 10 feet in length, secured to the animal and fastened to a stationary object or held by the owner or a custodian of sufficient age and maturity to control the dog. No dog shall be transported or kept within a vehicle or any part thereof unless restrained or confined so as to prevent its leaving the vehicle except under the control of its owner or custodian.
(b) The owner of an animal, other than a dog, that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times.
(c) 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 unless the animal is muzzled and otherwise secured to prevent attacks or feigned attacks.
(d) 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.
(e) The city may establish designated areas, known as dog parks, where a dog may roam off-leash in the presence of its owner or custodian. [Ord. 1337 §1, 2015; Ord. 999 §1, 1994; Ord. 671 §1, 1983; Ord. 436 §1, 1975]
7.04.070 Animal littering
A person owning, or having custody of, any animal, except a domestic house cat, shall remove and dispose, in a sanitary manner, of any and all feces and other animal litter deposited on any public or private property not possessed by the owner or custodian of the animal which caused or produced the litter. [Ord. 436 §1, 1975]
7.04.080 Maintenance of large farm animals prohibited—exceptions—permit
No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal within the city unless:
(a) The animal is maintained within a fenced area of not less than one acre 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; or
(b) A permit to keep or maintain a large farm animal has been obtained from the city clerk. Such a permit shall be issued only under the following conditions:
(1) The applicant for a permit is a minor child engaged in an educational school or 4-H project;
(2) The maximum term of a permit is six months;
(3) The applicant agrees to confine the animal within a building or secure enclosure and to maintain the building or enclosure in a clean and sanitary condition, devoid of rodents and varmints, and free of objectionable odor;
(4) Opportunity for objection to the issuance of the permit shall be extended to property owners and tenants whose property lies within a radius of 300 feet of the private property on which the animal is proposed to be kept. Any such objection which the applicant is unable to satisfy shall be grounds for denial of the permit; and
(5) No more than one permit shall be issued to any individual in a single calendar year. [Ord. 795 §2, 1986; Ord. 436 §1, 1975]
7.04.090 Dog licensing
(a) Every dog in the city shall be licensed and registered by its owner within the following time periods:
(1) Within 30 days after the dog attains the age of six months;
(2) Within 30 days after acquisition of the dog, regardless of how acquired; or
(3) Within 30 days after the owner commences to maintain, keep, or kennel the dog within the limits of the city.
(b) An application for a dog license shall be submitted to the chief of police on printed forms made available for such purpose which shall be completed by the owner to specify the name and address of the owner, the name, breed, color, sex, and distinguishing marks, if any, of the dog to be licensed, and such other information as the chief of police determines to be useful in the administration of this chapter. The application shall be accompanied by a license fee, established as provided in this code, and a current certificate of a licensed veterinarian stating that the dog was immunized for rabies accomplished by modified live virus, within the past 24 months.
(c) Dog licenses shall be issued for a term of one year commencing with the first day of February of each year and terminating as of midnight on the last day of January of each year.
(d) Annual license fees shall be established by a resolution of the council. [Ord. 940, 1992; Ord. 436 §1, 1975]
7.04.100 Tag and collar
(a) Upon complying with the provisions of KCC 7.04.090, the chief of police shall issue to the owner a colored tag, made of metal or other similar durable material, stamped or embossed with an identification number and the year for which issued. The tag color shall be changed every year.
(b) The owner of a dog shall fasten the tag securely to a choke chain, collar, or harness which shall be worn by the dog at all times except when kenneled or in competition.
(c) If the license tag is lost or destroyed, the owner may obtain a duplicate tag upon the payment of a fee as established by resolution of the council.
(d) A dog tag is not transferable from one dog to another, and no person may secure a tag to a chain, collar, or harness worn by a dog other than the one for which the tag was issued.
(e) License fees are not refundable. [Ord. 436 §1, 1975]
7.04.110 Impoundment
A dog or other animal may be impounded if:
(a) A dog or other animal that is unrestrained and not under the immediate control of its owner may be impounded by a police officer or animal control officer when found at large on the streets, alleys, or public places within the city, or on private property in the city if the officer has the permission of the owner or occupant of the property.
(b) A dog or other animal which has bitten or attacked a person may be impounded for a reasonable period for observation or during the pendency of any proceedings brought to enforce the provisions of this chapter.
(c) For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, a police officer, animal control officer, or other enforcement agent may enter upon any property, but not into any structure not open to the public, while in pursuit of an animal which may or must be taken up or impounded.
(d) Where enforcement of the provisions of this chapter reasonably requires a police officer, animal control officer, or other enforcement agent to inspect premises not open to the public, and where the Constitution of the United States or of the state of Alaska so requires, an administrative search warrant authorizing an inspection and, where appropriate, the seizure of any animal which may or must be taken up or impounded shall be obtained before the inspection is conducted. The officer or agent may apply to the trial courts of the state of Alaska to obtain an inspection warrant, stating in the application a description of the premises to be inspected, the nature, extent, and purpose of the inspection, and the facts and circumstances justifying the inspection. [Ord. 999 §2, 1994; Ord. 671 §2, 1983; Ord. 436 §1, 1975]
7.04.114 Method of impoundment
(a) A police officer, animal control officer, or other enforcement agent may capture an animal at large by calling the animal to him or by any other means necessary.
(b) When deemed necessary, the animal control officer or designee may capture a feral animal by use of a baited live capture trap. A property owner or occupant of property frequented by a stray or feral animal at large may also use this method of capture for removal by the animal control officer.
(c) If an animal is determined to be fierce, dangerous, or vicious, and it cannot be safely captured and impounded, the animal may be destroyed by the animal control officer or a member of the police department. [Ord. 999 §2, 1994]
7.04.118 Release
(a) Upon impounding an animal, the impounding officer shall make reasonable efforts to notify the owner or custodian of the animal, and if the owner or custodian is not known and cannot be reasonably ascertained, shall post a notice at the police station containing a description of the animal and the date and location of impoundment.
(b) Fees for impoundment and daily fees for boarding impounded animals shall be established by the council by resolution.
(c) Upon payment of charges for impounding and boarding, and upon proof of licensing the dog in compliance with this chapter, an impounded dog shall be released to a person producing satisfactory evidence that the person is the owner or custodian of the dog. If an impounded dog is not currently licensed and if a certification of immunization for rabies as required for licensing is not available, the dog may be released if the owner or custodian pays the impound and boarding fees and, in addition, makes a cash deposit with the chief of police in an amount to be established by council resolution equivalent to double the sum of the impound fee, the average cost for the rabies immunization, and the license fee. The deposit shall be returned to the owner or custodian upon receipt, within one week, of a certificate by a licensed veterinarian attesting to the immunization of the animal and upon acquisition of the necessary license.
(d) The most recently paid impound fee and the daily boarding fee shall be refunded for an unspayed or unneutered dog if the owner or custodian delivers to the police chief, within one month following release of the dog from impound, a certificate of a licensed veterinarian stating that the dog has been spayed or neutered and setting forth the date of spaying or neutering.
(e) An animal impounded under the provisions of this chapter shall be held in the city animal shelter or other suitable facilities for a period not to exceed 72 hours, and unless released prior to the expiration of that period as provided in this chapter, shall be destroyed. The chief of police may, if it be determined that an animal is valuable, retain the animal for an additional 48-hour period and release it during that period to any person who will purchase the license for the animal and pay the prescribed impound and boarding fees. [Ord. 1064 §1, 1998; Ord. 999 §2, 1994]
7.04.120 Quarantine
No person may, during the period of a quarantine established by publication of a notice in the local newspaper by the sanitarian, permit any dog of which the person is the owner or custodian to be unconfined, except under the conditions specified in the notice. [Ord. 436 §1, 1975]
7.04.130 Disposal of diseased or unwanted dogs and other small animals
The pound master shall dispose of or destroy, in a humane manner, diseased or unwanted dogs upon the request of the owner or custodian of the dog. [Ord. 436 §1, 1975]
7.04.140 Disposal of dead animals
(a) The person in possession or control of real property shall immediately dispose of any dead animal found upon the property in the manner provided in this section or by disposal at the public dump or by other suitable means outside of the city.
(b) The police department shall dispose of any dead animal found within the city upon the request of a city resident.
(c) The owner or occupant of unplatted property may bury on that property any dead animal owned by said owner or occupant and which died on the premises, if the property owner or occupant first obtains written approval from the sanitarian. The animal carcass shall be buried at least four feet deep, shall be covered with earth from the upper part of the carcass to the surface, and shall not be buried within 50 feet of any residence or water well.
(d) No person may carry or convey any dead or fatally ill or injured animal, or any part thereof, on any public or private property or into any reservoir, stream, lake, pond, sewer, well, or other body of water or the banks or shores of such body of water. [Ord. 436 §1, 1975]
7.04.155 Destruction of vicious dogs or other animals—restitution
(a) If, by a preponderance of the evidence, a court of competent jurisdiction finds that, while running at large or while inadequately restrained in violation of KCC 7.04.060(a) or (b), a dog or other animal has, without provocation, bitten or attacked a person, the court may order the dog or other animal destroyed.
(b) A court of competent jurisdiction may require the owner or custodian of any dog or other animal which, while running at large or while inadequately restrained in violation of KCC 7.04.060(a) or (b), has damaged the person or property of another to make restitution, in whole or in part, for said damage.
(c) Any actions taken or orders rendered under this section shall be regarded as measures necessary to the preservation of the health, safety, and welfare of the public. [Ord. 954, 1993; Ord. 671 §3, 1983]
7.04.160 Definitions
As used in this chapter:
“Animal” means all nonhuman members of the kingdom Animalia.
“At large” means any animal not under restraint.
“Cat” means any domestic or domesticated member of the family Felidae.
“Chief of police” means the police chief or authorized designee.
“Custodian” means the person who has accepted or assumed all or a portion of the responsibility for an animal’s care, control, and feeding at the request of the owner, or with the owner’s implied authorization.
“Dangerous animal” means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or other animals, regardless of whether the act is done in a playful or hostile manner.
“Dog” means any domestic or domesticated member of the family Canidae.
“Feral” means an animal that is wild, untamed, abandoned, or homeless.
“Fierce, dangerous, or vicious” means a dog or other animal which, when unprovoked, has bitten or attacked a human being or that bites or attacks other animals, or in a vicious and terrorizing manner attacks or approaches in an apparent attitude of attack a human being or other animal.
“Herd” means to graze or move a group of animals while keeping close watch and exercising control.
“Owner” means a person who has purchased the animal, accepted it as a gift, or who asserts a right to the possession and control of the animal.
“Restrain” means (a) physical confinement, as by leash, chain, fence, or building; or (b) under immediate competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or (c) under immediate competent voice control when an animal is on the property of its owner or custodian.
“Secure enclosure” means an escape-proof animal enclosure.
“Stray” means an animal which is at large, or held by a citizen for pick-up, or turned over to the animal control officer.
“Vicious animal” means any animal which (a) inflicts a severe injury to a human being on public or private property; or (b) has been found dangerous on two occasions by the animal control officer; or (c) is in violation of previous conditions or release as a dangerous animal. [Ord. 999 §3, 1994]
7.04.170 Failure to obey citation
Repealed by Ord. 1431. [Ord. 1081 §5, 1998; Ord. 1010, 1995]
7.04.180 Control of animal offenses—fine schedule
Repealed by Ord. 1431. [Ord. 1337 §3, 2015; Ord. 1081 §6, 1998; Ord. 1010, 1995]
7.04.190 Off-leash dog parks
(a) Notwithstanding other provisions of this code, legally licensed and currently vaccinated dogs shall be permitted off-leash in areas designated as dog parks by the council, and marked for such use by fencing and signage. Current dog parks are designated at the following locations, and shall be depicted on a map that is on file at the city clerk’s office:
East Addition Park—north end.
(b) Rules for the use of off-leash dog parks shall be posted at all dog parks and shall include the following:
(1) All dogs shall be leashed until within and before leaving designated dog park areas;
(2) The owner or custodian of a dog shall be responsible for all actions of the dog while entering, leaving, or within the dog park;
(3) The owner or custodian of a dog shall remain in the dog park area at all times while the dog is within the dog park;
(4) The owner or custodian of a dog shall keep the dog in sight and under voice control during all times the dog is within the dog park;
(5) The owner or custodian of a dog shall clean up after, remove, and dispose of any feces or other animal litter deposited by the dog in the dog park;
(6) The owner or custodian of a dog shall fill any holes dug by the dog while in the dog park;
(7) The following dogs shall be prohibited at all times in the dog park:
(i) Fierce, dangerous, or vicious dogs;
(ii) Female dogs in heat;
(iii) Puppies less than four months old; and
(iv) Sick or injured dogs;
(8) Feeding dogs shall be prohibited in the dog park;
(9) Children must be supervised at all times by a parent or guardian while at the dog park; and
(10) Users of the dog park are subject to all other rules and regulations governing conduct in city parks.
(c) The provisions of this section shall be in addition to the ordinances regulating conduct in public parks set forth in Chapter 18.32 KCC.
(d) It shall be unlawful for any owner or custodian of a dog to violate or permit the dog to violate this section. [Ord. 1337 §2, 2015]