Chapter 10.30
ANIMAL CONTROL
Sections:
10.30.020 Unattended animals prohibited.
10.30.040 Objectionable animals.
10.30.050 Interference with enforcement officer.
10.30.070 Reclamation of impounded animals—Fees.
10.30.075 Surrender of unwanted animals.
10.30.080 Adoption of unclaimed, surrendered or abandoned animals.
10.30.090 Immediate destruction.
10.30.100 Parvovirus vaccination.
10.30.110 Biting dogs—Rabies control.
10.30.120 Sanitary enclosures and sanitary exercise.
10.30.010 License.
(a) Every dog, cat and horse residing within the city of Nome must be annually licensed with the city of Nome. Licenses shall expire December 31st of each calendar year and applications for renewal of an expired license shall be due January 1st of each calendar year. No person may harbor or maintain a dog, cat or mature horse that does not exhibit a current license tag. All licensable animals must be licensed within ten days of bringing the animal into the city or within one hundred eighty days of the animal’s birth, except that a foal must be licensed within two hundred seventy days.
(b) No license may be issued unless the owner or keeper of the animal provides proof that the animal has been properly immunized against rabies and parvovirus.
(c) Upon application with proof of vaccination for rabies and parvovirus and payment of fees, the city clerk will register the dog, cat or horse and issue a license tag valid for the calendar year in which the license is issued. License tags must be attached to the collar of all dogs and cats and visible.
(d) The annual licensing fee for each dog or cat that has not been neutered or spayed is thirty dollars, but fifteen dollars for each spayed or neutered dog or cat. Proof must be submitted to city clerk that the animal has been spayed or neutered before the clerk may issue the reduced-fee license. The annual licensing fee for each horse is thirty dollars.
(e) A kennel owner may obtain an annual kennel license for one hundred dollars for a kennel of seven to ten dogs, or one hundred fifty for a kennel of eleven or more dogs. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.020 Unattended animals prohibited.
(a) All animals within the city shall be on lead when in any public area in the city. Any animal outside the physical presence of the owner or that is not on lead shall be considered at large and unattended.
(1) The above restriction shall not apply to:
(A) A certified service animal; or
(B) Areas where no persons, other than the owner and his or her party, are present if the animal is under complete voice command of the owner at all times. The owner of each animal must be physically present and in close proximity of the animal in order to control the movements and behavior of the animal. Any animal that is not under complete voice command shall be considered at large and unattended.
(b) No animal may run at large within the city. No person having charge or control of an animal may permit the animal to run at large within the city.
(c) Every female animal “in heat” shall be kept confined to prevent contact with a male animal except for planned breeding purposes. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.030 Prohibited areas.
(a) The owner of any animal shall not permit the animal to be present outdoors, whether at large or restrained, within the boundaries of:
(1) Anvil City Square;
(2) Nome Elementary School grounds; or
(3) Any playground owned or maintained by the city.
(b) No owner of any animal or person having control of any animal, with the exception of a certified service animal, shall allow such animal to enter upon any public premises where food for human consumption is sold, processed, stored or consumed.
(c) Except as noted in subsection (b) of this section, no owner or operator of public premises where food for human consumption is sold, processed, stored or consumed shall allow any domestic animal to enter upon such premises or to remain thereon. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.040 Objectionable animals.
(a) The owner of any animal, not limited to dogs, cats or horses, shall not:
(1) Harbor, keep or permit the animal to disturb another person by frequent or prolonged noise, including, but not limited to, barking, howling, braying, crowing, or making other sounds common to its species; or
(2) Permit the animal to frequently or habitually growl, snap at, jump towards, bark aggressively at, or otherwise menace, injure or frighten persons within the city, except for persons that are trespassing or otherwise in violation of the law.
(b) Upon the complaint of a person documenting the time(s), date(s) and nature of the objectionable action, the enforcement officer will investigate the complaint and, if warranted, issue notice to the owner of the animal of the nature of the complaint and provide written warning to the owner that subsequent complaints may result in the issuance of citations under subsection (a) of this section.
(c) All written warnings issued under subsection (b) of this section shall be in writing and shall contain:
(1) Information identifying the offending animal;
(2) A description of the behavior in violation of this chapter;
(3) A copy of this section;
(4) The nature and the times of the behavior as identified and/or reported;
(5) Potential methods of curtailing animal noise; and
(6) The amount of time allowed complying with the notice, which shall be ten days or less.
(d) If the owner fails to comply with any warning issued pursuant to subsection (c) of this section, an enforcement officer may:
(1) Issue the owner a citation for violation of this section; and
(2) On a second or subsequent offense, impound the animal. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.050 Interference with enforcement officer.
(a) No person may interfere with or obstruct an enforcement officer in the discharge of their duties. No person may release or attempt to release from the possession of an enforcement officer or from the city animal control facility an animal impounded under this chapter.
(b) For purposes of discharging the duties imposed by this chapter and to enforce its provisions, the enforcement officer is empowered to enter onto private property on which an animal is located and to require the owner of any animal to provide proof of license and vaccinations upon probable cause. Enforcement officers are empowered to gather evidence, document incidents, issue citations, and fully enforce the provisions of the Nome Code of Ordinances. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.060 Impounding.
(a) Any at large animal, objectionable animal or endangered animal may be impounded and taken to the animal control facility for confinement.
(b) The owner of an impounded animal shall have a maximum of five days to reclaim the animal. If the animal is unlicensed the owner will be required to show proof of licensing before any animal will be released. If the animal is not reclaimed within five days, the animal will be forfeited and deemed eligible for adoption if suitable for adoption, based on the discretion of the enforcement officer.
(c) Unadoptable and unclaimed animals shall be humanely destroyed under the direction of the enforcement officer after ten days of impoundment unless circumstances dictate earlier destruction. The enforcement officer shall have the authority to delay the destruction of an animal. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.070 Reclamation of impounded animals—Fees.
(a) Upon providing proof of licensing as required by NCO Section 10.30.010, an impounded animal may be released upon payment of the following fees:
(1) Owners of animals will be charged an impound fee of fifty dollars for the first impounding, seventy-five dollars for the second impounding, and one hundred dollars for the third or subsequent impounding, within each twenty-four-month period beginning on the date of the first offense or each subsequent offense. The tally of the number of impoundings shall be based on the greater of the incidences the specific animal was impounded or the cumulative number of impounding incidences for every animal belonging to the impounded animal’s owner during the period.
(2) For each day the animal is held at the animal shelter, an additional thirty-dollar kenneling fee will apply, with a maximum of three hundred dollars for each ten-day period. This fee shall apply the day the animal is impounded as well as the day it is released.
(b) In addition to payment of the fees set forth in subsection (a) of this section, an owner whose animal is taken into protective custody and for which a finding of cruel or inhumane treatment is made under NCO Section 10.30.150 must pay all reasonably incurred costs and expenses associated with taking the animal into protective custody before they may reclaim their animal. Such costs include, but are not limited to the payment of veterinary costs, medication and other extraordinary costs for care and maintenance of the animal. The owner must also agree to any written release order required under this chapter.
(c) Fees in the section are for the cost of impounding and kenneling and treating the animal and are in addition to any citations issued for conduct leading to impoundment. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.075 Surrender of unwanted animals.
(a) The owner of an unwanted animal may surrender animal for immediate adoption by bringing the animal to the city animal control facility and upon payment of forty dollars; provided, that:
(1) The animal is more than ten weeks old;
(2) The owner presents proof of all current vaccinations; and
(3) The owner provides an affidavit that the animal is not aggressive and has not harmed a person or another animal prior to being surrendered.
(b) Acceptance of unwanted animals is at the discretion of the enforcement officer and upon space being available at the shelter. (Ord. O-17-07-01 § 1, 2017: Ord. O-14-01-01 § 2 (part), 2014)
10.30.080 Adoption of unclaimed, surrendered or abandoned animals.
(a) A person adopting an impounded animal shall have the adopted animal neutered or spayed, unless the animal is already neutered or spayed. The adoptive owner shall pay the city one hundred dollars for any unneutered male or unspayed female animal. If the animal is already neutered or spayed, the adoption fee is fifty dollars. Upon showing proof the animal has been spayed or neutered within three months of the adoption date, fifty dollars of the adoption fee will be refunded to the owner of the adopted animal.
(b) The fee for persons living twenty or more miles outside of city boundaries will be waived. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.090 Immediate destruction.
(a) If after diligent effort the enforcement officer is unable to capture an unattended or at large animal, whether licensed or unlicensed, the enforcement officer may immediately destroy the animal. If an animal so destroyed is found to be licensed, the owner shall be promptly notified.
(b) The enforcement officer is authorized to destroy summarily any dog loose and at large in the city if the dog does not carry and exhibit a current license tag or other immediately recognizable evidence of rabies immunization.
(c) The enforcement officer is authorized to destroy summarily any dog loose and at large in the city if the dog shows signs of aggression toward the enforcement officer or other persons sufficient to place a reasonable apprehension of bodily injury.
(d) The enforcement officer is authorized to destroy summarily any animal that, based on the judgment of the enforcement officer, is vicious or may pose an immediate danger to persons, property or other animals.
(e) Any person wishing to have an animal(s) destroyed by the enforcement officer may do so upon payment of one hundred dollars per animal to the city clerk, accompanied by a signed affidavit stating that the animal to be destroyed has not bitten a human or another animal within ten days of the date of surrender.
(f) When no additional facilities exist for the confining of more animals, unclaimed animals shall be humanely destroyed under the direction of the enforcement officer based upon whichever animal has been confined at the municipal shelter for the longest period of time. Destruction shall occur notwithstanding the provisions of NCO Section 10.30.060. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.100 Parvovirus vaccination.
(a) No person shall import or assist the import of any dog into the city unless and until said dog has been immunized against parvovirus and rabies at least seven days prior to entry of said dog into the city.
(b) Proof of immunization shall be submitted to the city clerk in the form of a signed certification by a licensed veterinarian, or such other similar form of proof acceptable to the city clerk.
(c) Dogs imported into the city without proof of immunization shall be seized and quarantined at the expense of the owner or claimant, and may be destroyed twenty-four hours after seizure unless the owner or claimant removes said dog from the greater Nome area or produces proof of immunization within said twenty-four-hour period.
(d) A person who violates this section is guilty of an infraction and upon conviction shall be fined in the amount set forth in NCO Section 1.20.040, plus any surcharge required by AS 12.55.039. Each day a person commits a violation of this section constitutes a separate offense. (Ord. O-24-06-09 § 2, 2024; Ord. O-14-01-01 § 2 (part), 2014)
10.30.110 Biting dogs—Rabies control.
(a) Every animal which bites a person or attacks another animal shall be promptly reported to the police department. Every animal which bites a person and for which the owner does not have a current rabies vaccination certificate shall, upon capture, be quarantined for a period of ten days.
(b) The owner, upon demand by an enforcement officer, shall surrender any animal which has bitten a human, or which is suspected of having been exposed to rabies, for supervised quarantine. The expense of such quarantine shall be borne by the owner. Such animal may be reclaimed by the owner if adjudged free of rabies, except if the animal is a vicious animal, as defined in NCO Section 10.30.180.
(c) No quarantined animal shall be released to an owner if the animal requires a license and is unlicensed.
(d) When the report of an enforcement officer gives a positive diagnosis of rabies, the mayor may declare an area-wide quarantine. No animal shall be permitted to be in the streets during such period of quarantine. In addition, no animal may be brought to or taken from the city during such period of quarantine.
(e) No person shall kill or cause to be killed any rabid animal or any animal suspected of having been exposed to rabies except when an animal under quarantine has been diagnosed as being rabid after which that animal shall be humanely destroyed. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.120 Sanitary enclosures and sanitary exercise.
(a) It is unlawful for any person to own any animal unless all structures, pens and yards, and areas in which the animal is kept, are maintained in a sanitary condition. A sanitary condition exists where responsible, humane animal care is practiced, including the regular, frequent removal of animal wastes, such wastes are removed and disposed of in a manner that prevents the spread of pests and disease, odors arising from pet wastes are controlled and the structures, pens and yards are maintained in a manner that does not constitute a nuisance.
(b) It is unlawful for any person to exercise their animal on the property of another unless the permission of the property owner is first obtained and any animal wastes generated while using such property are disposed of by the owner of the animal as they are generated. Responsible pet care shall be practiced to include the disposal of animal wastes in a manner that prevents the spread of pests and disease, odors arising from pet wastes are controlled and the use of the property of another does not constitute a nuisance. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.130 Humane animal care.
(a) Any person who owns or keeps an animal shall provide humane animal care to any animal that person owns or keeps.
(b) For purposes of this section, providing humane animal care includes, but is not limited to:
(1) Sufficient wholesome and nutritious food at least once daily which will keep the animal in healthy physical condition;
(2) Sufficient daily quantities of fresh water which meet the hydration requirements for the animal;
(3) Adequate shelter which provides adequate air and ventilation and which prevents the animal from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions and dirty, wet and uncomfortable conditions which may endanger the health or welfare of the animal;
(4) Veterinary care when needed to treat the animal for sickness or disease or to prevent suffering of the animal; and
(5) Sufficient exercise as needed. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.140 Cruelty to animals.
It is unlawful for any person to:
(a) Intentionally injure or kill any animal unless done humanely and in conformity with applicable law or unless the act is necessary to defend a person or an animal from attack;
(b) Intentionally or recklessly wound, injure, torment, poison, provoke, abuse or unnecessarily overwork an animal;
(c) Fail to provide humane animal care to or abandon an owned or kept animal;
(d) Throw or deposit any poisonous substance on any exposed public or private place where it may endanger any animal; or
(e) Intentionally harass or torture an animal or encourage an animal to fight with another animal for sport, training or entertainment.
(f) This section shall apply to all domestic or wild animals, the general definitions of this chapter notwithstanding. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.150 Protective custody.
(a) An animal may be taken into protective custody by the city if the enforcement officer makes a determination that an animal is either not being humanely cared for by the owner or is being cruelly treated by any person. Before taking an animal into protective custody, the enforcement officer must make a written finding supporting the reasons for the protective custody and provide this information to the owner of the animal if the owner can be found. If the owner of the animal cannot be identified or located, the enforcement officer shall post the written finding at city hall at least ten days prior to the destruction of the animal unless the animal, for humane reasons, is to be earlier destroyed. An animal in protective custody shall be maintained in protective custody until it is reclaimed by its owner or for a minimum of five days, after which time the animal may be humanely destroyed or adopted unless, for humane reasons, the animal should be earlier destroyed.
(b) All animals taken into protective custody shall be examined by a licensed veterinarian to assess the animal’s physical condition. When, in the judgment of the enforcement officer and/or a licensed veterinarian, an animal should be destroyed for humane or health reasons, such animal may not be reclaimed. The enforcement officer shall make a written decision specifying the reasons for the decision to destroy an animal under this section and shall forward that decision to the owner of the animal.
(c) Before an owner may reclaim an animal taken into protective custody, the enforcement officer may require the owner first to agree upon conditions in a written release order as well as to payment of all fees and costs required under this chapter. It is unlawful for an owner to fail to comply with a written release order.
(d) If an owner refuses to reclaim an animal taken into protective custody, the animal is subject to humane destruction by the enforcement officer in accord with NCO Section 10.30.060(c).
(e) Owners aggrieved by any action of the enforcement officer(s) under this section may appeal those decisions to the city manager on a form provided by the city within five working days after the animal has been taken into protective custody or the owner was provided notice of any action via first-class mail or in person, whichever is later. This right to review does not prevent the running of any time for action imposed by this chapter. If the city manager finds that the action was not in accordance with the code, the city manager shall order the return of the animal to its owner and/or modify the terms of a release order, or, if the animal has been disposed of, award the owner compensation in the amount of the fair market value of the animal at the time the animal was taken into protective custody.
(f) The owner of the animal may contest the findings of the enforcement officer to the city manager within three working days of receipt of the findings. The city manager will provide the final findings within three working days to the owner and the animal control officer. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.160 Dog teams.
It is unlawful for any person to drive over, across or upon any of the streets of the city a dog team drawing a sled or other vehicle unless such team is equipped with bells attached thereto of such size and number and so attached as to automatically give warning of the approaching team. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.170 Trapping.
(a) Except as provided by this chapter it is unlawful to attempt to capture any fur-bearing land animal, the taking of which is regulated by the state of Alaska Department of Fish and Game with any type of trap that physically harms the animal, including, but not limited to, steel jaw traps, snares and spring traps, within the following areas inside municipal boundaries:
(1) South of the Nome Bypass Road and the Little Creek Road (FAS Route No. 1312) to Center Creek Road (FAS Route No. 1411);
(2) Within fifty feet of any residence;
(3) Within one hundred feet of the centerline of a platted right-of-way; and
(4) Within fifty feet of the centerline of any: (i) road easement authorized under AS 19.10.010 or RS 2477; (ii) recorded public use easement, ANSCA 14(c)(3) trail or ANSCA 17(b) public use trail easement; or (iii) Omnibus Road easement for the Nome Council Road (FAS Route No. 130), Nome-Teller Road (FAS Route No. 131), Nome-Taylor Road (FAS Route No. 141), Snake River Road (FAS Route No. 1311), Osborne Road (FAS Route No. 1412) or Buster Road (FAS Route No. 1413), except an authorized city, state or federal employee or agent.
(b) No person may place any type of trap anywhere within municipal boundaries that physically harms a fur-bearing land animal, the taking of which is regulated by the state of Alaska Department of Fish and Game, without first providing the city clerk with a trapping registration form. Forms may be obtained from the city clerk.
(c) The city will prepare and keep current a map showing areas where trapping is allowed and not allowed within municipal boundaries. A copy of the map shall be provided to each person completing the trapping registration form.
(d) Special permits to allow trapping in areas where trapping is prohibited may be issued by the city. Before any such special trapping permits are issued, the city council shall find by resolution that it is in the public interest to allow trapping in a prohibited area. Any such permits will describe the area where trapping will be allowed, will be for a limited duration not to exceed thirty days and will allow a specific number of traps to be placed in the permitted area. No person may place a trap within any specially permitted area without markings sufficient to allow members of the public to see where any such specially permitted traps are located.
(e) No person shall dispose of the remains of any fur-bearing animal, having been trapped or obtained otherwise, at any place within city limits except the Nome landfill. (Ord. O-14-01-01 § 2 (part), 2014)
10.30.180 Definitions.
As used in this chapter:
“Animal” means any dog, cat, bird, or horse, except for when otherwise specified.
“At large animal” means one not under the immediate control of the owner or his agent, or found unsupervised, leashed or unleashed, within the city on public streets, sidewalks and rights-of-way, or otherwise outside the property of the owner or agent.
“Certified service animal” has the same meaning as “service animal” as used by the Americans with Disabilities Act, generally defined as “dogs that are individually trained to do work or perform tasks for people with disabilities.” Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals.
“City animal control facility” means the area designated by the city manager to be used for the confinement of impounded animals.
“Dangerous animal” means any animal that in the judgment of the enforcement officer objectively presents a risk of injury to persons, property or other animals.
“Dog team” means one or more dogs, hitched or attached to a sled or other conveyance.
“Enforcement officer” means a person who has authority to enforce the provisions of this chapter. Such persons include all police officers, community services officers or other city personnel assigned to provide animal control enforcement.
“Frequent or prolonged noise” means:
(1) Repeated vocalizing by any animal(s), except in the city animal control facility, in a sixty-minute period from the time the noise begins and that lasts for more than twenty consecutive minutes between the hours of seven a.m. and ten p.m.; or
(2) Repeated vocalizing by any animal(s) for ten consecutive minutes between the hours of ten p.m. and seven a.m.
“Kennel owner” means any person, group of persons, or corporation engaged in the commercial buying, selling, boarding or racing of dogs.
“License tag” means a metal tag issued by the city clerk which evidences that the dog is licensed by the city.
“Vicious animal” means and includes, but shall not be restricted to, any unprovoked animal which has bitten a human or any other animal. (Ord. O-14-01-01 § 2 (part), 2014)