Chapter 6.05
GENERAL PROVISIONS
Sections:
6.05.020 Responsibility for violations.
6.05.030 Animal protection officers – General authority and purpose.
6.05.040 Animal protection officers – Scope of duties.
6.05.050 Animal protection officers – Interference with or obstruction of duties.
6.05.060 Fees and charges – Schedule established by resolution.
6.05.070 General penalty for violations.
6.05.080 Notice of violations.
6.05.010 Definitions.
As used in this title, the following terms mean:
“Abandon” means to leave unattended for a period in excess of 48 continuous hours.
“Adult animal” means any animal old enough to produce offspring.
“Animal” means all nonhuman members of the kingdom Animalia.
“Animal establishment” means any premises wherein or whereon:
(1) Any person engages in the business of selling, grooming, training, boarding, or breeding animals, for compensation;
(2) Any location used to house or board horses;
(3) For animals other than fish, fowl or other birds, any location used to house more than five adult animals of any one type or more than 10 adult animals total; or
(4) Any location used to house more than 50 fowl of any type over the age of three months on a lot containing less than 15,000 square feet plus one additional fowl, of any type, over the age of three months for each 100 square feet of land over 15,000 square feet.
“Animal protection officer” means the Director of Animal Protection and subordinates, Ketchikan Gateway Borough airport police officers, while employed as such, any Village Public Safety Officer, any Alaska State Trooper, and any person to whom the function of animal protection has been contracted by the City of Saxman.
“Animal shelter” means any premises or facility so designated by the Director of Animal Protection for impounding and caring for animals pursuant to this title.
“At large” means off the premises of the owner or responsible person and not under the immediate physical control of the owner or a responsible person by leash.
“Cat” means all domesticated or domestic members of the family Felidae.
“City” or “the City” means the City of Saxman.
“Dangerous animal” means an animal that is a dangerous animal as defined in SMC 6.25.010(b).
“Dog” means all domesticated or domestic members of the family Canidae.
“Fowl” means all animals of the class Aves.
“Leash” means any leash, rope, chain or other physical device or physical method used to keep an animal under the immediate and constant control of the person responsible for that animal at that particular time.
“License” means a license issued for a dog by the Ketchikan Gateway Borough pursuant to Chapter 6.10 SMC.
“Molest” means to attack, bite, injure or chase when such conduct is unprovoked.
“Owner” means a person who owns, keeps or harbors an animal. A person shall be deemed to be keeping or harboring an animal if such person provides such animal with food or shelter for three consecutive days or more. A person shall also be deemed to be the owner of an animal if such person is listed as the owner in the most recent license application.
“Potentially dangerous animal” means an animal that is a potentially dangerous animal as defined in SMC 6.25.010(a).
“Premises” means real or personal property owned, occupied, inhabited or controlled by a person.
“Public way” means any right-of-way, property or structure owned by the public and open for public access or passage, including but not limited to the roads, runways, walkways and all buildings on the property of Ketchikan International Airport, any street, highway, cul-de-sac, sidewalk, alley, landing, dock, float, beach, park, path or trail, except State and Federal parks, paths and trails, and also any private property which is open for public access or passage, including but not limited to stores, shops, bars, restaurants, offices, hotels, motels, museums and galleries.
“Responsible person” or “person responsible” means a person who has been entrusted with, assumed or is otherwise taking care of or has custody of an animal whether temporarily or permanently, and is of majority age and is physically and mentally capable of doing so.
“Restraint” means under the immediate and constant physical control of a responsible person by leash or under the immediate and constant verbal control of a responsible person and obedient to that person’s commands, or on the premises of the owner or responsible person.
“Voice command” means when an animal is not under actual physical control, such as by a leash, chain, fence or building, and is both in visual contact of the owner or competent custodian and obedient to that person’s command. [Ord. 03-2017-06].
6.05.020 Responsibility for violations.
Each and every violation of this title is considered a strict liability offense for which the owner or person in control of the animal is responsible, unless the particular violation specifically includes a mental state as an element of the offense. [Ord. 03-2017-06].
6.05.030 Animal protection officers – General authority and purpose.
(a) The City Manager shall appoint a Director of Animal Protection and such other animal protection officers and other employees necessary to carry out the provisions of this title.
(b) The City Manager shall provide the Director of Animal Protection with the necessary office, shelters, vehicles, uniforms and other facilities and equipment necessary to faithfully perform the duties imposed by this title; or, in the alternative, the City Manager may contract for services to carry out the provisions of this title. [Ord. 03-2017-06].
6.05.040 Animal protection officers – Scope of duties.
All animal protection officers shall have the following powers:
(a) To investigate and discover violations of this title by all lawful means.
(b) To impound an animal in accordance with the provisions of this title, or as otherwise provided by law.
(c) To issue or cause to be issued a fine or fee or a notice of ordinance violation against any person violating any provision of this title.
(d) To accurately keep and maintain public records pertaining to:
(1) Licenses and permits;
(2) Impoundments;
(3) Animals which constitute a public nuisance;
(4) Revenues assessed or collected under this title whether by fines or fees; and
(5) Such other actions as may be taken pursuant to this title.
(e) To take such other action as may be necessary or appropriate to enforce the provisions of this title in the manner provided by law or ordinance, or such other action as may be required by the lawful direction of the City Manager. [Ord. 03-2017-06].
6.05.050 Animal protection officers – Interference with or obstruction of duties.
It is unlawful for any person to knowingly resist, oppose, obstruct or interfere with any animal protection officer acting within the scope of authority under this title, or by threats or otherwise to intimidate or attempt to intimidate any such animal protection officer in the discharge of any official duty. [Ord. 03-2017-06].
6.05.060 Fees and charges – Schedule established by resolution.
The City Council shall, by resolution, establish a fee and charge schedule for all licenses, special licenses, adoption subsistence, private board, ordinance violation notifications and miscellaneous fees and deposits. Such fees shall be paid, filed and deposited as provided in such schedule of fees or otherwise provided by ordinance. Fees shall not be refunded, except as may be provided in the resolution establishing such fees. [Ord. 03-2017-06].
6.05.070 General penalty for violations.
(a) Any person who violates any provision of this title, performs any unlawful act as defined in this title or fails to perform any act required by this title shall be guilty of a violation and shall be assessed a fine of not less than $10.00 and not more than $300.00. Each day or separate occurrence of the violation may be subject to an additional fine; provided, however, that if in a violation of SMC 6.40.020 the owner or responsible person was negligent or committed an intentional or reckless act which contributed to the violation, the minimum fine shall be $100.00.
(b) In addition to the fine levied under subsection (a) of this section, the City of Saxman may order restitution, and may impose such probationary conditions as it deems appropriate, including surrender of animals or prohibiting ownership of animals for a probationary period within the City of Saxman. In addition to the other penalties provided for in this section, a third conviction for violation of SMC 6.40.020(a) by the same animal shall also result in the animal being declared potentially dangerous. [Ord. 03-2017-06].
6.05.080 Notice of violations.
In addition to, or in lieu of, other procedures provided in this title for enforcement of violations, an animal protection officer may issue a notice of ordinance violation (NOV) to any person who violates any provision of this title, or who performs any unlawful acts as defined in this title, or who fails to perform any act required by this title. Such notice shall impose a fee, as set by resolution, which shall be paid to the City, as specified on the notice, within 15 calendar days after the date of the notice, in full satisfaction of the assessed fee. In the event that such penalty is not paid within the time period prescribed, in addition to any other available remedies, the fee may be forwarded to a collection agency for collection of fees and costs. [Ord. 03-2017-06].
6.05.090 Appeal process.
(a) A hearing officer and an alternate shall be appointed by the City Manager for the purpose of hearing appeals requested by recipients of notices of violation (NOVs) pursuant to this section.
(b) A request for appeal must be made in writing and submitted to the City Manager on a form approved by the Director of Animal Protection within 15 calendar days after the date of the NOV. The City Manager will appoint a hearing officer and a hearing date will be determined. The hearing officer shall then inform the appellant and the Department in writing of the date, time and location of the hearing. Should the appellant or the Department of Animal Protection desire to postpone the hearing for a later date, the party requesting a delay shall submit a written request for the delay to the hearing officer. If such a request is made the hearing may be postponed for up to 15 calendar days or longer, for good cause, as determined by the hearing officer, via the Manager’s office, who shall provide the parties with notice of any change in the date, time, and location of the hearing.
(c) The contents of the written appeal shall state:
(1) The name and mailing address of the appellant;
(2) The number or other sufficient identification of the notice of violation;
(3) Any facts, documents, photographs, witness statements or other evidence supporting the appeal;
(4) A statement of the reasons for the appeal;
(5) A statement as to whether the appellant requests a hearing before an administrative hearing officer or desires to have the administrative hearing officer decide the matter without a hearing. If the appellant waives hearing, the hearing officer may determine the case based upon the written statements of the appellant, the issuing officer and any witnesses and upon the hearing officer’s own observations;
(6) The signature of the appellant and the date of signing;
(7) The appeal must contain a deposit in the amount of the fine being appealed. Upon judgment in favor of the appellant, the deposit will be refunded. Should the hearing officer find in favor of the Department of Animal Protection, the deposit will be applied to any fine imposed for the NOV; and
(8) Such other information as the Animal Protection Director may require.
(d) A second notification for nonpayment or a failure to apply for a hearing shall result in an additional fee of $25.00 plus the original fee and the loss of right of appeal.
(e) Additional NOVs may be issued for every day a person is in violation prior to request for appeal for said violation. [Ord. 03-2017-06].
6.05.100 Fine schedule.
The following fine schedule is provided and is applicable to violations of this title:
Any violation of title:
|
1st Offense |
$25.00 |
|
2nd Offense |
$50.00 |
|
3rd Offense |
$100.00 |
|
4th and Subsequent Offense |
$250.00 |
[Ord. 03-2017-06 § 2].