CHAPTER 24.40: PENALTIES
Section
24.40.020 Misdemeanors [Repealed]
24.40.040 Civil penalty and statutory injunction
24.40.050 Fines for infractions
24.40.060 Citations for infractions
24.40.070 Summons and complaint for misdemeanors
24.40.010 INFRACTIONS.
(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 $75, nor greater than $500.
(B) Unless an offense specifies a mental state as an element of the offense, each and every infraction enacted pursuant to this chapter is a strict liability offense for which the owner of the animal is responsible.
(Ord. 15-002, § 2 (part), 2015: Ord. 09-010, § 5, 2009; Ord. 05-019, § 2, 2005; Ord. 94-120AM, § 74, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.40.020 Misdemeanors. [Repealed by Ord. 15-002, § 2 (part), 2015]
24.40.030 FORFEITURE.
(A) Forfeiture occurs when an animal owner loses ownership rights in an animal and the borough assumes the right to adopt or otherwise dispose of the animal in a humane manner.
(B) Any owner shall forfeit all rights of ownership in an animal under the following circumstances:
(1) the owner is convicted of violating MSB 24.05.090 and forfeiture is recommended by the chief animal care and regulation officer;
(2) the owner is ordered by the court to forfeit the animal;
(3) the owner fails to reclaim an animal running-at-large within 72 or 120 hours of impoundment depending on whether the animal is with or without identification, pursuant to MSB 24.15.010(A);
(4) the owner of an animal subject to supervised quarantine pursuant to MSB 24.20.050 fails to redeem the animal by paying the costs defined in MSB 24.20.050(C);
(5) the owner fails to reclaim an animal within 15 business days of impoundment, pursuant to MSB 24.15.010(C);
(6) the animal is taken into borough protective custody after being left unattended due to the death of a former owner and the successor owner is unknown and cannot be ascertained after a reasonable effort and an animal care and regulation officer has conspicuously posted a notice at the location at which the animal was seized for a minimum of 15 business days;
(7) the owner of a classified animal fails to redeem the animal under the conditions of a written release order; refuses to pay fees and expenses incurred during impoundment of the animal in violation of MSB 24.26.050(C) or (E); or violates any condition of a written release order and forfeiture is recommended by the chief animal care and regulation officer;
(8) the owner of a classified animal fails to comply with a conditional release order and the animal is impounded pursuant to MSB 24.26.040(J);
(9) an owner of an animal released from protective custody violates the conditional release order issued pursuant to MSB 24.05.100(F)(2); or
(10) an animal taken into borough protective custody is recommended for forfeiture by the chief animal care and regulation officer unless the animal is taken into the borough protective custody as provided in subsection (B)(6) of this section.
(C) Any forfeited animal shall be subject to the impoundment, adoption, and euthanasia requirements of this title.
(D) Forfeiture procedures. An animal forfeited pursuant to subsection (B)(1), (2), (3), (4), (5), or (6) of this section is immediately subject to subsection (C) of this section. The owner of an animal that is subject to forfeiture pursuant to subsection (B)(7), (8), (9), or (10) of this section shall be served with a written notice of intent to forfeit. The notice shall be served on the animal owner 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. Forfeiture appeals are subject to the procedures as outlined in MSB 2.29.090.
(E) [Repealed by Ord. 15-002, § 2 (part), 2015]
(Ord. 24-066, §§ 35, 36, 2024; Ord. 15-002, § 2 (part), 2015: Ord. 09-010, §§ 6, 7, 8, 2009; Ord. 04-103, § 10, 2004; Ord. 03-154(AM), § 14, 2003; Ord. 01-120, § 44, 2001; Ord. 94-120AM, § 75, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.40.040 CIVIL PENALTY AND STATUTORY INJUNCTION.
Pursuant to AS 29.25.070(b), the borough 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 not to exceed $1,000 may be imposed for each violation. An action to enjoin 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 that a violation of this title continues constitutes a separate violation.
(Ord. 15-002, § 2 (part), 2015: Ord. 92-013(sub1), § 3 (part), 1992)
24.40.050 FINES FOR INFRACTIONS.
(A) The following fine schedule is hereby established for violations of the following provisions of this title:
|
Code Section |
Section Description |
Amount of Fine |
|---|---|---|
|
MSB 24.05.030 |
Animal annoyance First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
$75 150 200 |
|
MSB 24.05.040 |
Failure to provide sanitary enclosure First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.050 |
Keeping diseased animals First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.060 |
Animals in public places First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.070(A) |
Failure to restrain animal First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.070(C) |
Release from restraint by nonowner First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.080 |
Failure to provide humane animal care First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 200 300 |
|
MSB 24.05.090 |
Cruelty to animals |
500 |
|
MSB 24.05.100(D) |
Failure to pay fees, costs and expenses |
100 |
|
MSB 24.05.100(I) |
Failure to comply with release order First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 300 500 |
|
MSB 24.05.105 |
Trapping prohibited First offense Second offense Third and subsequent |
150 300 500 |
|
MSB 24.05.110(A) |
Trapping domestic or domesticated animals |
300 |
|
MSB 24.05.110(B) |
Failure to check live trap |
300 |
|
MSB 24.05.110(B)(1) |
Failure to return live trap |
300 |
|
MSB 24.05.110(C) |
Failure to provide humane care for trapped animals |
300 |
|
MSB 24.05.110(D) |
Failure to release in a timely manner First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.110(E) |
Unlawful release of a trapped animal First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 150 200 |
|
MSB 24.05.115(A) |
Injured animal – failure to stop |
200 |
|
MSB 24.05.115(B) |
Injured animal – failure to notify |
200 |
|
MSB 24.07.040(B) |
Failure to meet mushing facility standard of care |
200 |
|
MSB 24.07.060(A) |
Interference with licensed mushing facility |
100 |
|
MSB 24.07.060(B) |
Interference with lawful mushing activity |
500 |
|
MSB 24.10.020(A) |
Failure to register kennel or cattery |
150 |
|
MSB 24.10.030 |
Failure to update and provide registration information |
75 |
|
MSB 24.10.040(B) |
Failure to meet kennel or cattery requirements |
200 |
|
MSB 24.10.110 |
Failure to comply with written administrative order |
100 |
|
MSB 24.15.010(F) |
Removal of impounded animal |
500 |
|
MSB 24.15.050(J) |
Failure to spay or neuter adopted dog or cat |
100 |
|
MSB 24.20.020(A) |
Failure to immunize dog or cat for rabies |
100 |
|
MSB 24.20.020(B) |
Fraudulent rabies certificate |
250 |
|
MSB 24.20.030(A) |
Failure of doctors to report bite |
150 |
|
MSB 24.20.030(B) |
Failure of veterinarians to report rabies |
150 |
|
MSB 24.20.040 |
Failure to surrender animal for supervised quarantine |
200 |
|
MSB 24.20.050 |
Failure to comply with the conditions of supervised quarantine |
200 |
|
MSB 24.20.060(A) |
Failure to report rabies of a quarantined animal |
150 |
|
MSB 24.20.060(C)(1) |
Unauthorized destruction of rabid animal |
75 |
|
MSB 24.20.060(C)(2) |
Failure of veterinarian to destroy rabid animal |
75 |
|
MSB 24.20.060(D)(1) |
Failure to surrender rabid animal |
200 |
|
MSB 24.26.030(F) |
Filing fraudulent complaint, statement or report |
200 |
|
MSB 24.26.040(H)(1) |
Failure to notify of running-at-large classified animal First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 200 300 |
|
MSB 24.26.050(F) |
Failure to comply with written release order First offense Second offense, same person (within 12 months) Third offense, same person (within 12 months) |
100 200 300 |
|
MSB 24.26.070(B) |
Compliance inspection fee |
100 |
|
MSB 24.26.090 |
Failure to notify of change in ownership of a classified animal |
250 |
|
MSB 24.35.030(A) |
Interference with animal care and regulation officer |
200 |
|
MSB 24.35.030(B) |
Unlawful release of animal in custody of borough |
150 |
|
MSB 24.35.030(C) |
Interference with investigation, reporting, or prosecution |
150 |
|
MSB 24.35.030(D) |
Failure of citizen to notify or surrender detained animal |
75 |
(B) The fines set forth in subsection (A) of this section may not be judicially reduced.
(C) Violations not listed in the fine schedule shall be cited as mandatory offenses that require a court appearance, and the fine shall be set at no less than $75 nor greater than $500.
(Ord. 24-066, §§ 37, 49, 2024; Ord. 17-021, § 5, 2017; Ord. 15-002, § 2 (part), 2015: Ord. 14-150, § 7, 2014; Ord. 09-010, § 9,
2009; Ord. 08-013(AM), § 4, 2008: Ord. 04-001, § 2, 2004; Ord. 03-154(AM), § 15, 2003; Ord. 01-120, § 45, 2001; Ord. 96-049, § 2, 1996; Ord. 93-147AM, § 22, 1993; Ord. 92-109AM(sub), § 10, 1992; Ord. 92-013(sub1), § 3 (part), 1992)
24.40.055 FORFEITURE OF TRAPS.
Ownership rights of any trap found on public school property owned by the borough, or within borough-owned recreation lands including the Crevasse Moraine system, Lazy Mountain Recreation Area, Matanuska River Park, Alcantra Athletic Complex, West Bodenburg Butte, and Jordan Lake Park, are forfeited upon conviction of MSB 24.05.105.
(Ord. 17-021, § 6, 2017)
24.40.060 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, including the ordinance number and the essential facts constituting the offense charged, 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 (is optional), shall state the fine established by borough ordinance, the procedure the defendant must follow in responding to the citation, and the consequences for failure to respond.
(B) Issuance. Any animal care and regulation officer or other authorized agent of the borough may issue, file, and serve citations for violations of the provisions of this title.
(C) Disposition.
(1) For offenses that do not require a mandatory court appearance, 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. 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 MSB 24.40.050.
(2) For offenses that do require a mandatory court appearance, the fine amount shall be according to the fine limits set forth in MSB 24.40.010. If a person elects to plead “no contest” or “guilty” at any time prior to trial, the fine shall be $75. The defendant may enter a plea of “not guilty” and request a trial, and if the defendant decides to plead “no contest” or “guilty” after the start of a trial, or is found “guilty” by the court after trial, the defendant shall pay no less than $75 and no greater than $500.
(D) [Repealed by Ord. 15-002, § 2 (part), 2015]
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 46, 2001; Ord. 92-013(sub1), § 3 (part), 1992)
24.40.070 SUMMONS AND COMPLAINT FOR MISDEMEANORS.
Summons and complaints for misdemeanors shall be prepared and filed by legal counsel representing the borough.
(Ord. 15-002, § 2 (part), 2015: Ord. 92-013(sub1), § 3 (part), 1992)