Chapter 7.08
DOGS/CATS
Sections:
7.08.020 Dog vaccination required.
7.08.030 At large – Prohibited – Nuisance declared.
7.08.035 Objectionable animals.
7.08.040 Restraint requirements.
7.08.050 Off-leash area rules.
7.08.070 Notice of impoundment.
7.08.080 Hearings and appeals.
7.08.090 Reclamation – Impoundment costs.
7.08.110 Potentially dangerous and dangerous dogs – Definitions.
7.08.115 Classification of dogs – Notice, hearing, and appeal – Restrictions.
7.08.120 Biting dog – Confinement.
7.08.130 Biting dog – Notification of state – Observation.
7.08.140 Proclamation to confine all dogs during epidemic.
7.08.150 Interference with animal enforcement agents.
7.08.160 Penalty for violation.
7.08.010 Licensing.
A. Every person who owns or keeps a dog within the borough shall report to the police department, not later than the first day of February of each year, his or her name and address, and shall give the name, breed, color, and sex of each dog owned or kept by such person and shall be required to pay to the police department clerk the fee of $5.00 for each neutered male or spayed female dog and $15.00 for each intact dog so owned or kept. Upon payment of the fee, the police department clerk shall furnish a receipt thereof, and a metal license tag carrying an identification number that shall be securely fastened to a collar made of leather, metal or other substantial material worn by the dog.
B. The police department shall keep an accurate record of all licensed dogs. The police department shall cause a notice of the necessity of paying such a license fee to be printed in a paper of general circulation within the borough one time before the tenth day of January in each year.
C. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 9, 2014; Ord. 544 § 4, 1988; Ord. 264 § 5, 1971; prior code § 9.20.020.]
7.08.020 Dog vaccination required.
A dog older than six months is required to have a current rabies vaccination. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 10, 2014; Ord. 664 § 4, 1999; Ord. 457 § 4, 1984; Ord. 269 § 5, 1975; Ord. 234 § 5, 1969; prior code § 9.20.030.]
7.08.030 At large – Prohibited – Nuisance declared.
A. It is unlawful for any keeper of any domestic animal to permit the animal to be at large on any street, sidewalk, wharf or public place or otherwise become a nuisance within the incorporated borough limits.
B. A domestic animal will be deemed at large unless upon private property with consent of the owner thereof, or led or securely tied upon a leash in hands of some responsible person.
C. All domestic animals at large within the borough limits are declared a public nuisance and are subject to immediate impoundment without prior notice.
D. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 11, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990.]
7.08.035 Objectionable animals.
A. The keeper of an animal shall:
1. Prevent the animal from disturbing a neighborhood or any number of persons by frequent or prolonged noise, barking, howling or other noises;
2. Prevent the animal from defecating upon, digging upon or injuring public property or a public thoroughfare or private property without the permission of the property owner;
3. Prevent the animal from snapping, running after or jumping at vehicles or persons using the public thoroughfares within the city and borough;
4. Prevent the animal from snapping at, jumping upon or otherwise menacing, injuring or frightening persons, domestic animals, or livestock; provided, that this subsection shall not apply if the person is trespassing or otherwise acting in violation of the law; and
5. Prevent the animal from snapping, harassing or otherwise disturbing or injuring any wildlife.
B. Any animal found in violation of this section may be immediately impounded by the animal enforcement agent.
C. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 12, 2014.]
7.08.040 Restraint requirements.
A. The keeper of any dog shall keep the dog under leash restraint at all times and shall not permit the dog to be off leash in any area except those designated as “off-leash areas.”
B. All dogs must be on leash or confined to a vessel at all times while in any Wrangell harbor, as provided in WMC 14.09.050.
C. All dogs or other domestic animals found at large may be impounded. The keeper of the dog or other domestic animal shall be responsible should the dog or other domestic animal be in violation of this section.
D. All dogs in the back of an open pickup truck must be restrained by a tie-down which is sufficiently short to protect the animal from jumping out and to prevent the animal from lunging at passersby.
E. Keepers shall clean up and remove any dogs’ feces left by their dogs or be subject to fines or prohibitions.
F. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 12, 2014.]
7.08.045 Off-leash areas.
A. Dogs may be off leash outside of the city and borough’s business district; provided, that the keeper is actively engaged with the dog and has competent voice control of the dog or dog is under keeper’s control via electronic device. In addition, the Wrangell harbors are not off-leash areas.
B. The “business district” is described as follows: waterward starting from the ferry terminal down 2nd Street, continuing on Church Street to Case Avenue, turning right down Case Avenue, continuing left down Shakes Street to and including the harbor parking lot and including Shakes Island; within these areas, dogs must be under leash restraint at all times.
C. Dogs must be on leash or confined to a vessel at all times while in any Wrangell harbor, as provided in WMC 14.09.050.
D. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 12, 2014.]
7.08.050 Off-leash area rules.
A. The following rules shall be followed by all keepers that choose to have their dogs off leash:
1. Potentially dangerous and dangerous dogs, and biting dogs, as provided under WMC 7.08.110, 7.08.115, 7.08.120, and 7.08.130, and female dogs in heat are prohibited from being off leash;
2. Dogs shall be leashed upon entering and leaving the fenced area that is designated for off-leash use;
3. Keepers shall keep their dogs in sight and under “competent voice control” at all times;
4. Keepers shall remain with their dogs when they are off leash;
5. Keepers shall clean up and remove any dogs’ feces left by their dogs or be subject to fines or prohibitions;
6. Holes dug by dogs must be filled by the keeper;
7. Keepers shall be responsible for all actions of their dogs; and
8. Aggressive or unruly dogs are not allowed to be off leash.
B. In addition to being subject to the penalties in WMC 7.08.160, any keeper of a dog who violates any rule in this section may be prohibited from using an off-leash area with the dog.
C. No dogs shall be allowed, either on leash or off leash, in specific areas within the city and borough’s business district if the city and borough has posted notice prohibiting dogs in those areas.
D. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 12, 2014.]
7.08.060 Impoundment.
A. Any dog/cat found at large shall be impounded by the animal enforcement agent.
B. The animal enforcement agent shall promptly prepare an impoundment report, which shall include a description of the dog/cat, the name, address and telephone number of the keeper if known, the location where the dog/cat was found at large and impounded, and the date after which the dog/cat will be disposed of pursuant to WMC 7.08.100, and the procedure (including any charges to be paid) for reclaiming the dog/cat.
C. During the period of impoundment until reclamation or disposal, the animal enforcement agent shall keep the dog/cat in a suitable animal shelter facility. [Ord. 887 § 13, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990. Formerly 7.08.040.]
7.08.070 Notice of impoundment.
Within 24 hours after impoundment, the animal enforcement agent shall give notice of impoundment as follows:
A. In all cases, whether the keeper is known or not known, a copy of the impoundment report shall be posted at the police department and broadcasted on the local radio station.
B. If the keeper of an impounded dog is known through licensing, the keeper shall, in addition to the above, be given verbal notice or notice by certified mail, return receipt requested, at that person’s last known address. [Ord. 887 § 14, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990. Formerly 7.08.050.]
7.08.080 Hearings and appeals.
A. The keeper of an impounded dog/cat may request a hearing within 10 days of mailing, verbal notice or first publication of the notice of impoundment, whichever occurs first. If there is no request for a hearing within the time specified, the right to a hearing will be waived.
B. A hearing, if requested, shall be conducted by the borough manager or the manager’s designee. The hearing shall be conducted informally.
C. At the conclusion of the hearing, the borough manager shall state the decision, the reasons therefor, and indicate what evidence was relied upon.
D. If the decision sustains the impoundment, or if no hearing is requested and the right is waived, then the borough manager or his designee shall order the animal enforcement agent to proceed with disposal pursuant to WMC 7.08.100.
E. If the decision overrules the impoundment, the dog/cat shall be promptly returned to its keeper without charge, or if the dog/cat has previously been reclaimed, all charges paid shall be promptly refunded to the payer.
F. A person aggrieved by the decision of the borough manager may appeal the decision to the borough assembly. All appeals to the assembly must be filed in writing with the borough clerk no later than 15 days after the date of the manager’s decision; an appeal filed later than 15 days after the date of the decision will not be considered.
G. The keeper of the impounded dog/cat shall be liable for all impound costs under WMC 7.08.090 if the decision to impound is upheld.
H. No dog/cat shall be disposed of until the hearings, if any, are completed. [Ord. 887 § 15, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990. Formerly 7.08.060.]
7.08.090 Reclamation – Impoundment costs.
A. A person who presents satisfactory proof of ownership or right to possession to the animal enforcement agent may reclaim an impounded dog/cat any time before the dog/cat has been finally disposed of pursuant to WMC 7.08.100, by payment of all costs specified in subsection (B) of this section, and payment of any current but unpaid license fee pursuant to WMC 7.08.010.
B. Impoundment costs are as follows:
|
1. Impoundment fee |
$25.00 |
|
2. Kennel fee |
$15.00/day |
|
3. Actual cost of postage and publication of notice of impoundment |
Variable |
|
4. Actual cost of any emergency veterinarian care, medication or extraordinary expense |
Variable |
[Ord. 887 § 16, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990. Formerly 7.08.070.]
7.08.100 Disposal.
A. Title to a dog/cat impounded and not reclaimed nor subject to a hearing shall finally vest in the borough on the tenth day following verbal notice, notice by mail or first publication of the notice of impoundment pursuant to WMC 7.08.070.
B. After title in the dog/cat has vested in the borough, the dog/cat may be disposed of in any economical and efficient manner that the animal enforcement agent deems appropriate, including euthanasia. [Ord. 887 § 17, 2014; Ord. 664 § 4, 1999; Ord. 552 § 4, 1990. Formerly 7.08.080.]
7.08.110 Potentially dangerous and dangerous dogs – Definitions.
A. Definitions. Except as provided in subsection (C) of this section, a “potentially dangerous dog” is any dog that:
1. Without provocation, chases or approaches a person in a threatening manner or in an apparent attitude of attack; or
2. Has a known propensity, tendency or disposition to attack without provocation, or otherwise threaten the safety of human beings or domestic animals.
B. Except as provided in subsection (C) of this section, a “dangerous dog” is any dog that:
1. Has bitten or otherwise inflicted physical injury on a human being without provocation, on public or private property;
2. Has, while off the premises of its keeper, killed a domestic animal without provocation; or
3. Has been previously classified as potentially dangerous and is found in violation of the provisions of this title.
C. Exceptions to Potentially Dangerous and Dangerous Dog.
1. No dog may be classified as potentially dangerous or dangerous if:
a. It was acting against a trespasser who had illegally entered premises occupied by the keeper or custodian of the dog;
b. The dog was being tormented, abused, assaulted or otherwise provoked;
c. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack by a person or other animal, or if the dog was acting to defend itself from attack by another animal or person.
2. No dog may be classified potentially dangerous or dangerous if the injury or damage to an animal was sustained while the dog was working as a police dog, hunting dog, service animal, herding dog, or predator control dog on the property of or under the control of its keeper and the damage or injury was to a species or type of animal appropriate to the work of the dog. [Ord. 887 § 18, 2014; Ord. 552 § 5, 1990; Ord. 264 § 5, 1971; prior code § 9.20.090. Formerly 7.08.090.]
7.08.115 Classification of dogs – Notice, hearing, and appeal – Restrictions.
A. Classification of Dogs. The animal enforcement agent shall have the authority to determine, based on probable cause, that a dog is potentially dangerous or dangerous. The determination and classification of the animal shall be completed by the animal enforcement agent within 15 days of receipt by the police department of a report or complaint concerning an incident involving the dog. In making the determination, the agent will consider all of the facts and circumstances of the incident, including but not limited to the following factors:
1. The observed and reported past history and present behavior of the dog;
2. Whether the incident was accidental in nature;
3. The extent of the injury to the person or animal attacked; and
4. The keeper’s history of compliance with the provisions of this title pertaining to the dog involved in the incident.
B. Notice – Hearing to Review Classification – Appeals – Restrictions Pending Hearing or Appeal. Written notice of the animal enforcement agent’s determination to classify a dog potentially dangerous or dangerous shall be served on the keeper of the dog at the keeper’s last known address. The notice shall describe the dog, state the grounds for its classification, and state the restrictions and other requirements applicable to the dog by reason of its classification. The notice shall also state that if a written request for a hearing is filed with the manager within 10 days after completion of service of the notice, a hearing will be conducted by the manager or the manager’s designee in accordance with WMC 7.08.080 to review the classification or any related restrictions or other requirements applicable to the dog. The right to a hearing shall be deemed waived if not timely requested as set forth in this subsection. The manager’s decision may be appealed to the borough assembly as provided in WMC 7.08.080. Pending any hearing or appeal on the classification of the dog, the animal enforcement agent may require that the dog be kept securely confined on the premises of the keeper or other location acceptable to the animal enforcement agent, which may include quarantine at the animal shelter at the keeper’s expense.
C. On-Premises Confinement. While on the keeper’s property, a potentially dangerous or dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the dog from escaping by climbing, burrowing, or otherwise. The potentially dangerous dog must be securely confined indoors at all times until the enclosure is available. If built for a dog, the enclosure must have minimum dimensions of five feet by 10 feet and must have secure sides and a secure top. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground to a depth of not less than one foot. If not built for a dog, the enclosure must meet the more general specifications listed in this section, and any additional specifications as might be prescribed by the animal enforcement agent. The enclosure must also provide adequate protection from the elements and be kept in clean and sanitary condition.
D. Off-Premises Confinement. A potentially dangerous or dangerous dog may be off the keeper’s premises only if it is humanely muzzled and restrained by a substantial leash not exceeding four feet in length. The leash and dog must be under the actual physical control of a person suitable to control the dog at all times. Such dogs shall not be leashed to inanimate objects such as trees, posts or buildings. The muzzle must be made in a manner that will not cause injury to the dog or interfere with the dog’s vision or respiration, but must prevent the dog from biting any person or animal.
E. Signs. The keeper shall display signs in such form as required by the animal enforcement agent on the keeper’s premises warning that there is a potentially dangerous or dangerous dog on the premises. One sign must be visible from any public right-of-way abutting the premises. A sign must also be posted on the enclosure for the dog.
F. Destruction of Dangerous Dogs. The animal enforcement agent may order any dog that is classified as dangerous to be humanely euthanized after being quarantined for such period as provided by law. Written notice of the animal enforcement agent’s order shall be served on the keeper of the dog at the keeper’s last known address. The notice shall describe the dog and state the grounds for the order. The notice shall also state that if a written request for a hearing is filed with the manager within 10 days after completion of service of the notice, a hearing will be conducted by the manager or the manager’s designee in accordance with WMC 7.08.080 to review the order. The right to a hearing shall be deemed waived if not timely requested as set forth in this subsection. The manager’s decision may be appealed to the borough assembly as provided in WMC 7.08.080. Pending any hearing or appeal, the animal enforcement agent may require that the dog be kept securely confined on the premises of the keeper or other location acceptable to the animal enforcement agent, which may include quarantine at the animal shelter at the keeper’s expense.
G. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 19, 2014.]
7.08.120 Biting dog – Confinement.
A. Whenever any keeper of any dog within the borough limits learns that such dog has bitten any human being, such keeper shall immediately impound the dog in a place of confinement to be designated by the animal enforcement agent. The place of confinement must prevent escape and include facilities placing the dog in total isolation from any human being or other animal. A report of the actions taken shall immediately be reported to the police department who shall notify all responsible officials.
B. Whenever responsible officials of the borough learn that any human being has been bitten by any dog within the borough, the identity of such dog shall be ascertained and the keeper of the dog shall immediately deliver the dog for impounding as required in subsection (A) of this section.
C. Any dog so impounded shall be kept continuously confined for a period of 14 days from the day the dog bit the human being, and the keeper of the dog shall be responsible for such charges as may be required for impounding, including but not limited to a fee for isolation of the dog, food for the dog, and special charges required for rabies prevention.
D. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 20, 2014; Ord. 552 § 5, 1990; Ord. 234 § 5, 1969; prior code § 9.20.110(a). Formerly 7.08.100.]
7.08.130 Biting dog – Notification of state – Observation.
A. Upon learning that a dog has bitten a human being, the animal enforcement agent shall immediately notify the Alaska Department of Health and Social Services and inform the state agency of the place where the dog is impounded.
B. The animal enforcement agent shall contract with persons knowledgeable with care and handling of well and sick dogs for inspection of the dog for the 14 days of confinement to determine whether such dog is infected with rabies. For this purpose, the animal enforcement agent shall have access to the premises where the dog is kept at all reasonable hours, and may take possession of the dog and confine it at the animal shelter or other location acceptable to the animal enforcement agent at the keeper’s expense.
C. The keeper of the dog under observation shall immediately notify the Alaska Department of Health and Social Services of any evidence of sickness or disease in the dog during its period of confinement and shall promptly deliver its carcass to the appropriate agency in the event of the animal’s death during the period.
D. During the period of confinement, the keeper of the dog shall be liable for all expenses of confining such dog in isolation. [Ord. 887 § 21, 2014; Ord. 552 § 5, 1990; Ord. 234 § 5, 1969; prior code § 9.20.110(b). Formerly 7.08.110.]
7.08.140 Proclamation to confine all dogs during epidemic.
Whenever the prevalence of hydrophobia renders such action necessary to protect the public health and safety, the borough manager shall issue a proclamation ordering every keeper of a dog to confine the dog securely on the keeper’s premises unless the dog is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog at large during the time affixed by the proclamation shall be killed by the animal enforcement agent without notice to the keeper. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 22, 2014; Ord. 552 § 5, 1990; Ord. 234 § 5, 1969; prior code § 9.20.110(c). Formerly 7.08.120.]
7.08.150 Interference with animal enforcement agents.
A. No person shall willfully prevent or obstruct the impounding of any animal in violation of any of the provisions of this title by an animal enforcement agent, nor shall any person break open an animal shelter, or take or attempt to take any animal out of an animal shelter facility or capture device without the consent of an animal enforcement agent, nor shall any person knowingly impound or attempt to impound any animal not legally subject to impoundment.
B. It is unlawful for any unauthorized person to break open the animal shelter or to attempt to do so, or to take or let out any dog/cat therefrom, or to take or attempt to take from any animal enforcement agent any dog/cat taken up by the agent in compliance with this chapter, or in any manner to interfere with or hinder such officer in the discharge of the agent’s duties under this chapter.
C. A violation of this section shall be fined as provided in WMC 1.20.050. [Ord. 887 § 23, 2014; Ord. 664 § 4, 1999; Ord. 552 § 5, 1990; Ord. 234 § 5, 1969; prior code § 9.20.120. Formerly 7.08.130.]
7.08.160 Penalty for violation.
Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. [Ord. 887 § 24, 2014; Ord. 833 § 61, 2009; Ord. 264, 1971; prior code § 9.20.130. Formerly 7.08.140.]