Chapter 6.16 IMPOUNDMENT

Chapter 6.16
IMPOUNDMENT

Sections:

6.16.010 Impoundment and protective custody.

6.16.020 Impounding and redemption procedures—Fee schedules.

6.16.030 Liability for injury or disease of impounded animals.

6.16.010 Impoundment and protective custody.

A. An officer may impound any animal if it is necessary to protect a person’s health, peace or quiet, or if the animal or its owner is in violation of any of the following:

1. Section 6.08.020, Running at large prohibited;

2. Section 6.08.060, Injury to persons and animals prohibited;

3. Section 6.08.070, Vicious animals;

4. Section 6.08.080, Dangerous animal;

5. Section 6.08.090, Continuous noise by animal;

6. Section 6.08.110, Tethering/chaining/crating of animals restricted;

7. Section 6.12.040, Kennel license;

8. Section 6.13.020, Cattery license required;

9. Sections 6.20.010 through 6.20.040, rabies.

B. An officer may take any animal into protective custody if it is necessary to preserve the animal’s health or safety; until permit or license disputes are resolved; to protect an animal from cruel or improper treatment; to provide emergency medical care; and in those instances, usually involving a second party or “pet sitter,” when some dispute arises about an animal’s care or habits which cannot be expeditiously resolved with the pet owner. (Ord. 18-01 § 5 (part): Ord. 09-07 § 3 (part): Ord. 05-03 § 5: Ord. 93-20 § 8; prior code 4-31)

6.16.020 Impounding and redemption procedures—Fee schedules.

A. Dogs and other animals found running at large off the owner’s premises anywhere in the city shall be taken up by an officer and impounded. If not claimed by the owner within five days during which the animal shelter is open for regular business, it shall be thereafter available for adoption.

B. If an impounded animal is deemed to be vicious by the animal control officer and the animal control officer’s supervisor, and said animal is determined to be a danger to animal shelter personnel, the animal may be disposed of in a humane manner after a period of seventy-two hours.

C. Dogs and other animals not reclaimed or adopted within ten days of impoundment during which the animal shelter is open for regular business, and not subject to retention pending court decision, may be disposed of in a humane manner by the animal control officer.

D. Immediately upon impounding any animal, the animal control officer shall make reasonable effort to notify the owner, if known, and to inform the owner of the conditions under which he may regain custody of such animal.

E. The owner of an impounded animal may reclaim it upon securing a license, if required, and payment of an impoundment fee and a daily maintenance fee for the period the animal was impounded. Impound and daily maintenance fees under this chapter shall be established by resolution of the city council.

F. Any animal previously impounded, or whose owner has had animals previously impounded, shall be charged an additional impoundment fee of ten dollars for each previous impoundment.

G. Persons other than the owner desiring to adopt an animal may do so after the owner’s period for reclaiming the animal has expired and upon payment of adoption, license and other fees, if any.

H. None of the following animals may be made available for adoption:

1. An animal that shows symptoms of a major infectious or contagious disease, as determined by the animal control officer;

2. An animal that, in the judgment of a licensed veterinarian, ought to be destroyed for humane reasons;

3. An animal determined by a court of competent jurisdiction to be vicious;

4. An animal that is the subject of a hearing or appeal.

I. All fees shall be paid to the city, and the receipt of payment shall be presented to the animal control officer prior to obtaining possession of the animal.

J. Impound fees will not be charged for animals placed in protective custody; however, daily maintenance fees shall be charged unless such fees are waived by the chief. A petition to waive daily maintenance fees must be approved by the chief, before an animal can be released without payment. (Ord. 18-01 § 5 (part): Ord. 09-07 § 3 (part): Ord. 00-09 § 11: prior code § 4-32)

6.16.030 Liability for injury or disease of impounded animals.

Neither the city nor any of its officers, employees or agents shall be liable for any injuries suffered, or disease incurred, by any animal while being taken up and impounded or in protective custody or up for adoption. (Ord. 18-01 § 5 (part): Ord. 09-07 § 3 (part): Ord. 00-09 § 12: prior code § 4-33)

6.16.040 Impounding procedure.

A. When an officer finds an animal subject to impoundment that officer may impound the animal, cite the owner for any violations of this chapter, or both.

B. An officer may proceed as reasonably necessary onto private property in the course of effecting impoundment, unless restricted by law.

C. Method of impoundment:

1. An officer may capture an animal by calling the animal at large to him. A citizen may also capture an animal at large by this method for delivery to an officer.

2. When deemed necessary, the animal control officer or his designee may capture an animal at large by the use of a baited live capture cage trap.

3. When deemed necessary, the animal control officer or his designee may capture any animal at large by any other humane means not involving unreasonable risk of harm to the animal.

4. When the public safety is in jeopardy, any officer may capture or destroy an animal by any means. (Ord. 18-01 § 5 (part): Ord. 09-07 § 3 (part): prior code § 4-34)

6.16.050 Protective custody.

A. An officer shall place an animal into protective custody when it is necessary to preserve the animal’s health or safety and to ensure humane care and treatment. An animal placed in protective custody due to suspicion of cruelty or neglect of such animal shall be held as evidence pending charges for cruelty or neglect and will only be released upon approval of the animal control officer, the chief of police, or upon order by the district court, state of Alaska.

B. The department shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of ten business days, after which time the animal may be adopted or disposed of as an impounded animal.

C. The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a daily maintenance fee as provided in Section 6.16.020.

D. The owner of an animal in protective custody is responsible for any veterinarian bills accrued while that animal is in protective custody, where medical treatment was found to be necessary for the health and welfare of that animal. Arrangements of payment of veterinarian services must be made with the veterinarian prior to releasing the animal from protective custody.

E. A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a review of that disposition by written request to the chief of police. (Ord. 18-01 § 5 (part): Ord. 09-07 § 3 (part): Ord. 00-09 § 13: prior code § 4-35)