Chapter 24.26 ANIMAL BITE AND ATTACK INCIDENTS</h2>

CHAPTER 24.26: ANIMAL BITE AND ATTACK INCIDENTS

Section

24.26.010 Classifications of animals

24.26.020 Exceptions to classifications

24.26.030 Investigation and classification of animals

24.26.040 Regulation of classified animals

24.26.050 Impoundment and written release orders

24.26.060 Animal classification and written release order review

24.26.070 Compliance inspections

24.26.080 Removal, reduction, or modification of classification [Repealed]

24.26.085 Changes to classification

24.26.090 Transfer of ownership of a classified animal

24.26.100 Pre-existing classifications

24.26.110 Adoption of forfeited animal

24.26.010 CLASSIFICATIONS OF ANIMALS.

(A) Classifications. Subject to the authority of the chief animal care and regulation officer pursuant to MSB 24.26.020, an animal may be classified based on one of the following levels:

(1) Level 1 classification is established if an unrestrained animal:

(a) has engaged in the following activities:

(i) aggressive posturing;

(ii) aggressive lunging; or

(iii) aggressive barking; and

(b) has by its behavior caused a person to modify, stop, or alter the person’s activity; caused a person to fear for a person’s safety from the animal’s behavior; or has caused flight of an animal or disruption of a domestic animal flock or group. The burden of proof in this section shall be one of a reasonable belief by the victim or victim animal owner that the victim was in danger of being attacked as defined in MSB 24.05.010(A), but an actual attack did not occur; or

(2) Level 2 classification is established if an animal bites or causes physical injury to any domestic animal.

(3) Level 3 classification is established if an animal, while under restraint:

(a) inflicts an aggressive bite or causes any physical injury to any human; or

(b) causes any serious physical injury to a domestic animal.

(4) Level 4 classification is established if any of the following occur:

(a) an unrestrained animal inflicts an aggressive bite or causes physical injury to any human; or

(b) an unrestrained animal causes any serious physical injury to a domestic animal; or

(c) an animal, regardless of whether it is restrained, for the second time causes physical injury to a domestic animal; or

(d) an animal, regardless of whether it is restrained, causes the death of a domestic animal.

(5) Level 5 classification is established if any of the following occur:

(a) an animal, regardless of whether it is restrained, causes serious physical injury or the death of any human; or it is shown by clear and convincing evidence that the animal would have caused such injury or death if not for human intervention, which caused the animal to cease the attack; or

(b) an animal is used as a weapon in the commission of a crime; or

(c) an animal classified as Level 3 or Level 4, or as a dangerous animal under a prior enactment of this code, for the second time commits any behavior described in subsection (A)(3) or (4) of this section, after the owner receives notice of the Level 3 or 4 classification. The chief animal care and regulation officer has the discretion under this section to choose to classify the animal as a Level 3 or 4 instead of recommending a Level 5 classification. If there was physical injury to a human or serious physical injury to an animal in the subsequent incident, if the animal presents a low risk to the community, the owner’s family, and other animals, and if the circumstances otherwise justify it, the chief animal care and regulation officer has the discretion under this section to choose to classify or retain the classification of the animal at a Level 3 or 4 instead of recommending a Level 5 classification. The decision is appealable to the animal care and regulation board under the abuse of discretion standard. It shall be an abuse of discretion only if the decision is plainly unreasonable.

(Ord. 15-002, § 2 (part), 2015: Ord. 09-010, § 4, 2009; Ord. 08-013(AM), § 5, 2008; Ord. 03-154(AM), § 7 (part), 2003)

24.26.020 EXCEPTIONS TO CLASSIFICATIONS.

(A) Notwithstanding MSB 24.26.010 and 24.26.030, the chief animal care and regulation officer shall have discretionary authority to reduce the classification of an animal or refrain from classifying an animal even if the animal has engaged in the behaviors specified in MSB 24.26.010, if the chief animal care and regulation officer determines that one of the following is true:

(1) at the time of the injury or damage, the victim was committing trespass or other tort on premises occupied by the owner or custodian of the animal, the victim was teasing, tormenting, abusing, or assaulting the animal, its offspring, or the owner or custodian, or the victim was committing or attempting to commit a crime;

(2) the animal was protecting or defending itself, its offspring, or a human within the immediate vicinity of the animal from an attack or assault;

(3) the injury or damage to a domestic animal occurred while the animal was working or in training as a hunting animal, herding animal, or predator abatement animal on the property of or under the control of its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal;

(4) the animal is trained to attack a person independently or upon oral command while under the restraint and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of the animal’s duties;

(5) the animal was responding to pain or injury;

(6) the animal was protecting its offspring from attack by another animal;

(7) the animal is trained or is being trained for the sport of Schutzhund competition or personal protection and the victim was a willing participant and did not file a complaint;

(8) the animal, with a current rabies vaccination, caused injury to the owner, owner’s family, trainer, or person caring for the animal, unless:

(a) the injured party filed a complaint; or

(b) the victim is a minor who is not involved in training or competing with the animal;

(9) the animal was on the property of its owner at the time of the incident when it attacked a domestic animal that had aggressively entered upon that property;

(10) the person who was bitten was separating animals that were fighting; or

(11) the decision not to classify reasonably serves and promotes justice, fairness, and the purposes and intent of this title, the protection of public health, safety, and welfare, and the humane care and treatment of animals.

(B) The chief animal care and regulation officer’s decision to not apply exceptions under subsection (A) of this section is reviewable under the abuse of discretion only if the decision was plainly unreasonable.

(C) If at any time during a supervised quarantine a domestic animal is rabid or is tentatively diagnosed as rabid, the provisions of MSB 24.20.060(B) shall apply.

(Ord. 24-066, § 22, 2024; Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.030 INVESTIGATION AND CLASSIFICATION OF ANIMALS.

(A) The deputy animal care and regulation officers shall investigate and report each animal bite or attack incident to the chief animal care and regulation officer.

(1) No other conditions of release shall be required if the incident is classified as accidental, except for the supervised quarantine provisions set forth in MSB 24.20.050, and fee and expense requirements set forth in MSB 24.15.030.

(B) Subject to MSB 24.26.020, if the bite or attack incident is classified as nonaccidental the chief animal care and regulation officer shall classify the animal as a Level 1, 2, 3, or 4, or shall recommend to the office of administrative hearings a Level 5 classification.

(C) If the incident is classified as non-accidental, the conditions, facts, and circumstances of the incident, and seriousness of any bite, shall be considered in determining the classification of the animal.

(D) The classification of an animal as Level 1, 2, 3, 4, or a recommendation to the office of administrative hearings as Level 5 classification, shall be completed by the chief animal care and regulation officer within 15 borough business days of the receipt of the bite or attack report.

(E) The animal care and regulation office shall provide written notification to the owner of the classified animal and the human victim or victim owner of any classification or recommended classification. Notice shall be provided in writing and served by personal service or certified mail. Notice by personal service shall be made pursuant to Alaska Rule of Civil Procedure 4(d). Notice by certified mail shall be made pursuant to Alaska Rule of Civil Procedure 4(h).

(F) No person shall make a fraudulent complaint, statement, or report to animal care and regulation. Violation of this provision is an infraction.

(Ord. 24-066, §§ 23, 47, 2024; Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.040 REGULATION OF CLASSIFIED ANIMALS.

(A) The chief animal care and regulation officer shall have the discretion to increase or decrease a classified animal’s restrictions based upon relevant circumstances.

(B) In addition to other requirements of this chapter, the owner of a classified animal shall comply with the following redemption conditions:

(1) Level 1 classification. Whenever an animal classified as Level 1 is on the owner’s property outside the owner’s home, the animal shall be restrained by a physical restraint so the animal cannot reach any public sidewalk or adjoining property and shall be located so as not to interfere with public access to the owner’s property.

(2) Level 2 classification. Animals classified as Level 2:

(a) shall be confined in a secure enclosure or be maintained under control by attachment.

(3) Level 3 and 4 classifications. Animals classified as Level 3 or 4:

(a) shall be kept in the owner’s home or when outside the home shall be confined in a secure enclosure. The chief animal care and regulation officer may modify the requirements for a roof or floor or buried wall footing depending on the circumstances. The adequacy of the secure enclosure shall be determined at the discretion of the chief animal care and regulation officer. When the animal is not on the owner’s property, it shall be controlled by leash and muzzled; and

(b) it is a violation of this subsection to breed or abandon an animal classified as Level 3 or 4.

(4) Level 5 classification. Animals classified as Level 5 shall be euthanized. The office of administrative hearings may issue an order suspending the animal owner’s right to adopt an animal from the animal care and regulation shelter and may set conditions for regaining that right.

(a) A hearing shall be held before the office of administrative hearings, pursuant to MSB 2.29.080(C) and the additional procedures of MSB 24.30.040(B), when an animal is recommended as Level 5 classification by the chief animal care and regulation officer. If the animal is adjudicated as a Level 5 classification, it shall be humanely destroyed.

(b) The animal owner may waive their right to a hearing before the office of administrative hearings and surrender the animal to the chief animal care and regulation officer.

(c) Once surrendered the animal shall be humanely euthanized at the convenience of the borough. The owner of the surrendered animal will not be responsible for any fees, costs, or expenses incurred for the impoundment for the animal beyond the date of a signed release waiver.

(d) Animals recommended for Level 5 classification pursuant to this chapter shall be impounded and held at the animal care and regulation shelter until the hearing before the office of administrative hearings. The animal owner is responsible for all fees and expenses pursuant to MSB 24.26.050(D).

(e) It is unlawful to own an animal classified as Level 5, pursuant to this chapter. Violation of this provision is an infraction.

(C) Microchip and immunization requirements. To ensure correct identification, all classified animals shall be implanted with a permanent microchip to identify the animal and its owner. All animals shall be vaccinated with an Alaska State approved rabies vaccine and all vaccinations appropriate to species.

(D) Insurance. The chief animal care and regulation officer may require that the owner of an animal classified as Level 3 or 4 furnish proof of liability insurance in the amount of at least $100,000 for bodily injury or death of any person or domestic animal. If required, the chief animal care and regulation officer shall notify the animal owner that the insurance policy must be provided to the borough and kept current throughout the ownership of the animal. In addition, the policy must be specific to the animal being classified, and must cover injury or death caused by said animal. The chief animal care and regulation officer may require that proof of insurance be provided prior to release of a classified animal to the owner. If the insurance is not provided or maintained as current, this shall be cause for the animal to be immediately impounded. If proof of insurance is not submitted within seven calendar days after impoundment, the chief animal care and regulation officer shall issue a notice of forfeiture to the owner.

(E) Warning sign. The owner or custodian of a Level 3 or 4 classified animal shall display, in a prominent place on the premises where the animal is kept, a sign, easily readable by the public, using the words “Dangerous Animal.” The sign and its location must be approved by the chief animal care and regulation officer.

(F) Spay or neuter. The chief animal care and regulation officer shall have discretionary authority, if the conditions, facts, and circumstance warrant it, to require the owner of an animal classified as a Level 1 under subsection (A)(1)(c) of this section, or as a Level 3 or 4, to have the animal spayed or neutered at the owner’s expense. The chief animal care and regulation officer’s determination under this section, if appealed, shall be reviewed under the abuse of discretion standard. It shall be an abuse of discretion only if the decision was plainly unreasonable.

(G) Control by leash. A Level 1, 2, 3, or 4 classified animal shall only be off the property of the owner or custodian if it is restrained by leash, under the direct control of a responsible adult, and muzzled if classified as a Level 3 or 4. The strength and length of the leash and strength and type of muzzle shall be approved by the chief animal care and regulation officer.

(H) Notice of disposal or escape. The owner or custodian of an animal classified as Level 1, 2, 3, 4, or 5 pursuant to this title shall:

(1) Notify the animal care and regulation office immediately if the animal escapes, is unconfined without control of a competent person, attacks another human being or animal, or dies.

(I) Change in location. The owner shall notify the chief animal care and regulation officer of any change in the physical location of an animal classified under this section, and the new location shall be subject to the terms and conditions of the conditional release order.

(1) The release conditions shall apply to an animal being boarded at a location other than the approved location.

(2) The notification to the borough set forth in this section shall not apply to temporary moves of the animal for the purposes of providing veterinarian care.

(J) Upon notice to the chief animal care and regulation officer, the subject animal may be impounded until the owner complies with all requirements of the conditional release order, or until such time as the chief animal care and regulation officer recommends forfeiture of the animal. In the event the animal is impounded, the owner shall be responsible for all costs and fees associated with the impoundment.

(Ord. 24-066, §§ 24, 48, 2024; Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 7, 2004; Ord. 03-154(AM), § 7 (part), 2003)

24.26.050 IMPOUNDMENT AND WRITTEN RELEASE ORDERS.

(A) An animal involved in a bite or attack incident classified as a Level 1, 2, 3, or 4 may, at the chief animal care and regulation officer’s discretion, be impounded at the animal care and regulation shelter, licensed veterinarian clinic or hospital, licensed kennel approved by the chief animal care and regulation officer, or at the owner’s house if the kennel or home has adequate facilities to quarantine the animal. Any quarantine of an animal not at the animal care and regulation shelter shall be posted with a quarantine sign that states the reason for the quarantine, conditions, and dates of the quarantine. If the animal is recommended for classification as Level 5, it shall be impounded at the animal shelter unless the animal is:

(1) under a veterinarian’s care for sickness, disease, or injury requiring the animal to remain at the clinic or hospital; or

(2) kept under other specially required conditions at the time of the requested release by the borough.

(B) Written release order. An owner of an animal classified as a Level 1, 2, 3, or 4 shall be provided a written release order by the chief animal care and regulation officer, setting forth the conditions of release accompanied by written findings of fact and conclusions.

(1) The conditions of the written release order shall include, but are not limited to, all requirements set forth in MSB 24.26.040 for animals classified as Level 1, 2, 3, and 4. The owner shall have five borough business days from receipt of the conditional release order to comply and implement all of the terms and conditions of the order, unless stated otherwise.

(2) The chief animal care and regulation officer may, at their discretion, include other requirements or conditions in the written release order.

(3) The chief animal care and regulation officer or their designee shall inspect the owner’s premises to determine if the owner meets the conditions of release requirements pertaining to confinement of the animal prior to release of the animal.

(4) In determining the release conditions, the chief animal care and regulation officer shall consider factors, including but not limited to the following:

(a) the observed or reported past and present actions of the animal owner in controlling and restraining animals;

(b) the circumstances of the incident and the extent of the injury to the person or animal attacked;

(d) the owner’s past history of compliance with other state or municipal animal care and regulation ordinances and laws.

(C) Conditions of the written release order to be met. All conditions of the written release order must be met, or the animal owner must demonstrate the ability to meet the conditions prior to release of the animal. Whether the animal owner has met the conditions or has the ability to meet the conditions shall be determined by the chief animal care and regulation officer.

(D) Fees and expenses.

(1) Prior to any release, all fees and expenses reasonably incurred by the borough from the date of impoundment shall be paid by the owner.

(2) There shall be an annual inspection fee imposed as a condition of release for animals classified as Level 3 or 4 set by assembly resolution.

(E) Forfeiture of animal. If an owner refuses to redeem an animal under the conditions of a written release order, refuses to pay fees or expenses, or violates any condition of a written release order, the animal is subject to forfeiture to the borough pursuant to MSB 24.40.030.

(F) Violation. Violation of a written release order is an infraction. Each day the owner fails to abide by the written release order issued by the chief animal care and regulation officer constitutes a separate infraction for violating the conditions of the written release order.

(G) Release agreements. The chief animal care and regulation officer may, at their discretion, enter into conditional release agreements for animals involved in bite or attack incidents, except for animals recommended for Level 5 classification.

(H) The owner of any animal released to the owner’s care shall hold the borough harmless and indemnify it against any liability arising from the actions of the animal.

(Ord. 16-074, § 4, 2016; Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 8, 2004; Ord. 03-154(AM), § 7 (part), 2003)

24.26.060 ANIMAL CLASSIFICATION AND WRITTEN RELEASE ORDER REVIEW.

(A) An owner aggrieved by the classification or the written release order for an animal as Level 1, 2, 3, or 4 may have the decision reviewed by the animal care and regulation board as set forth in MSB 24.30. A hearing date shall be set before the office of administrative hearings when an animal has been recommended as Level 5 classification by the chief animal care and regulation officer unless the owner wishes to surrender the animal to the borough.

(B) A victim or victim owner aggrieved by the decision of the chief animal care and regulation officer’s classification or conditional release order for an animal where classification resulted from an incident involving the victim or victim owner may appeal that decision to the animal care and regulation board by following the procedures set forth in MSB 24.30 and paying the required costs and filing fees. If the victim is under the age of majority, the victim’s parent or authorized guardian may appeal the decision.

(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.070 COMPLIANCE INSPECTIONS.

(A) The owner or custodian of any animal classified as Level 2, 3, or 4 shall consent to inspection of the property where the animal is kept without prior notice by the animal care and regulation office. Unless there is an emergency requiring an immediate response, animal care and regulation officers shall not enter any building to perform an inspection under this section without consent from the animal(s) owner, the property owner, or an occupant of the property, or a search warrant. The inspection shall be at a reasonable time and in a reasonable manner to verify compliance with the requirements of this chapter. Refusal to allow an inspection may be considered a violation of the conditions of release or classification.

(B) For Level 3 or 4 classifications, said property shall be inspected at a minimum of every six months during the life of the classification with the owner being responsible for the costs of said inspection as a condition of release. The Level 3 or 4 annual classification inspection fee shall be set by assembly resolution.

(Ord. 16-074, § 5, 2016; Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.080 Removal, Reduction, or Modification of Classification. [Repealed by Ord. 24-066, § 25, 2024]

24.26.085 CHANGES TO CLASSIFICATION.

(A) After one year and payment of any outstanding fees, the classification of a Level 1 or Level 2 animal shall be automatically removed if there have been no further incidents or violations of this title.

(1) The animal care director shall issue an advisement in writing if there are any outstanding fees.

(2) This subsection (A) does not apply retroactively to animals classified prior to its adoption.

(B) Restrictions for Level 3 and Level 4 animals may be reduced, modified, or removed. An owner of an animal classified at a Level 3 or Level 4, including an animal classified under a repealed classification scheme, may apply in writing to the chief animal care and regulation officer to have the classification reduced, modified, or removed in accordance with this section upon payment of outstanding fees, including a review fee set by assembly resolution, and showing that:

(1) a Level 3 or Level 4 animal has been classified for two years, has not had any further incidents, including any violation of this title; or

(2) a Level 3 or 4 animal that went before the animal care and regulation board for a classification hearing at which the board recommended that the animal be classified for 18 months instead of two years, the animal has been classified 18 months, and has not had any further incidents, including any violation of this title;

(3) the owner presents evidence of having satisfactorily completed an animal obedience training course; and

(4) Notwithstanding the time provision of subsection (B)(1) of this section, the chief animal care and regulation officer must review the classification of an animal upon an application presented after 18 months if advised to do so by the animal care and regulation board. The advisement by the board shall be included in the findings and conclusions of the final decision made after a hearing on the classification.

(5) Requests for removal, modification, or reduction of a classification may only be submitted once each year.

(C) Regardless of whether an animal’s classification has been modified, reduced, or removed under subsection (A) or (B) of this section, the facts of any incident, supported by substantial evidence, can be considered in future classification decisions for the same animal pursuant to MSB 24.26.010.

(Ord. 24-066, § 26, 2024)

24.26.090 TRANSFER OF OWNERSHIP OF A CLASSIFIED ANIMAL.

(A) Upon transfer of the ownership of a classified animal the owner shall transfer to the new owner a copy of the classification notice and conditional release order applicable to the animal.

(B) The new owner shall be bound by the conditional release order issued by the chief animal care and regulation officer or the animal care and regulation board.

(C) The owner shall notify the animal care and regulation office within five days of the transfer of ownership of a classified animal and shall notify the animal care and regulation office of the new location of the animal.

(D) Violation of this section is an infraction.

(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.100 PRE-EXISTING CLASSIFICATIONS.

All classifications and conditional release orders or conditional release agreements issued under former law shall remain in full force and effect for the life of the animal classified, unless removed, reduced, or modified under the procedures established in MSB 24.26.085.

(Ord. 24-066, § 27, 2024; Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 7 (part), 2003)

24.26.110 ADOPTION OF FORFEITED ANIMAL.

If a Level 1 or Level 2 classified animal has been forfeited or released to the borough, the chief animal care and regulation officer may authorize adoption of the animal directly from the shelter. The animal shall be subject to the classification, and the new owner shall be required to comply with the conditions of the classification.

(Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 9, 2004)