Chapter 6.08
LICENSING AND CONTROL
Sections:
6.08.020 License fee--Penalty for failure to obtain.
6.08.030 Animal control office.
6.08.040 Animal control officer.
6.08.050 Powers and duties of animal control officers.
6.08.070 Penalties and remedies.
6.08.110 Dog or cat license tags and receipts.
6.08.120 Issuance of licenses.
6.08.010 License required.
A person who owns a dog or cat over the age of six months shall obtain a license for that animal pursuant to this chapter. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.020 License fee--Penalty for failure to obtain.
A. The biannual license fee for a dog or cat license shall be twenty dollars per animal.
B. Upon submission of written proof with the license application that the dog or cat to be licensed is sterile, the license fee shall be free for that animal.
C. Dog or cat licenses shall be obtained on or before the first day of September of 1987 and be renewed on or before the first day of September of every year thereafter, or within thirty days of acquiring the dog or cat.
D. It is unlawful to fail to procure a license for a dog or cat, and failure to obtain a license shall be deemed an infraction punishable under Section 6.08.010 by a fine not to exceed three hundred dollars. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.030 Animal control office.
A. There shall be an animal control office which, except as this title provides otherwise, shall be the entity responsible for the administration of this title.
B. There shall be in the animal control office an animal control center for the keeping of animals which the animal control office impounds or otherwise has custody under this title.
C. The borough may contract with a private person to perform the functions of the animal control office. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.040 Animal control officer.
A. There shall be a chief animal control officer who shall be appointed by the borough manager. If the borough contracts with a private person to perform the functions of the animal control office, the chief animal control officer shall be head of the department charged with the administration of the contract or as designee.
B. The chief animal control officer may appoint one or more deputy animal control officers.
C. Wages and conditions for the chief animal control officer and deputy animal control officers or the contract for a contractor performing animal control duties under this chapter shall be made by agreement of the assembly, except where formal action is required by law. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.050 Powers and duties of animal control officers.
A. The chief animal control officer shall administer the animal control office. If the borough contracts with a private person to perform the functions of the animal control office, the chief animal control officer may delegate to the contractor those powers of the chief animal control officer which are necessary and convenient to the performance of the contract which lawfully may be delegated to a private person.
B. A deputy animal control officer has the power and duty to:
1. Enforce the provisions of this title in the field under the supervision of the chief animal control officer;
2. File complaints and serve summons and complaints for violations of this title;
3. An animal control officer empowered to enforce this title need not be present and witness an offense under this title in order to issue a citation or file a complaint for any violation of this title. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.060 Records.
A. The chief animal control officer shall maintain complete and detailed records of:
1. The issuance and revocation of licenses under this title;
2. All animals brought into custody of the animal control office by impoundment or otherwise;
3. The disposition of all animals in the custody of the animal control office;
4. Rabies immunizations reported to the animal control office;
5. Investigations of violations of this title; and
6. Moneys received for fees and charges imposed by this title.
B. The animal control office shall not disclose the identity of a person who adopts an animal from the animal control center unless the chief animal control officer determines that the public health, safety or welfare requires disclosure. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.070 Penalties and remedies.
A. Except as this section provides otherwise, a person who violates a provision of this title, a term, or a borough regulation promulgated under this title shall, upon conviction, be subject to a fine of not less than fifty dollars nor more than three hundred dollars for the first violation, and a fine of not less than three hundred dollars for each subsequent violation. The minimum fine for subsequent violations may not be suspended or deferred.
B. 1. In addition to any other remedy provided by this title, a person who violates a provision of this title or a term, condition of limitation of any license issued under this title, or a borough regulation promulgated under this title shall be subject to a civil penalty of not less than fifty dollars nor more than three hundred dollars for each offense or injunctive relief to restrain the person from continuing the violation or threat of violation, or both a civil penalty and injunctive relief.
2. Upon application for injunctive relief and a finding that the person is violating or threatening to violate a provision of this title, a term, condition or limitation of a license issued under this title, or a borough regulation promulgated under this title, the court shall grant injunctive relief to restrain the violation.
C. Each day which a violation described in this title occurs shall constitute a separate offense. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2 (part), 1987).
6.08.080 Citation procedure.
A. An officer may serve a summons and complaint in the form of a citation upon a person violating a provision of this title, or a term, condition or limitation of a license issued under this title, or a borough regulation promulgated under this title.
B. A summons and complaint issued under this section shall contain a notice directing the person whom it is issued to appear to answer to the charge in the district court for the Third Judicial District of the state of Alaska at Naknek.
C. An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the district court of the Third Judicial District of the state of Alaska at Naknek. Thereafter, the summons and complaint may be disposed of only by official action.
D. A summons and complaint in the form of a citation fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the state of Alaska and shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.090 Regulations.
The chief animal control officer may promulgate regulations necessary and convenient to the administration of this title, including, but not limited to:
A. Providing the form of applications, licenses, and other documents used in the administration of this title;
B. Providing the form, recording and control citations to be used under Section 6.08.080, and the form of control citation books;
C. Interpreting the provisions of this title. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.100 Licensing procedure.
A. Application for a dog or cat license shall be to the chief animal control officer. The application shall include:
1. The name, address and daytime telephone number of the owner of the dog or cat;
2. The name, breed, color, age and sex of the dog or cat;
3. Proof that the dog or cat has a current rabies vaccination;
4. The license fee required under this title;
5. Written proof that the dog or cat is sterile, if the owner seeks to qualify for the reduced license fee under Section 6.08.020(B).
B. A dog or cat license shall expire two years after the date of its issuance.
C. An application to renew a license issued under this chapter shall be made no later than thirty days after the license expires, and shall be made in the same manner as for a new license. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.110 Dog or cat license tags and receipts.
A. For each dog or cat licensed under this chapter, the animal control office shall issue the owner a number receipt and a tag stamped with an identification number.
B. To be licensed under this chapter, a dog or cat must bear a license tag securely fastened to its choke chain, collar or harness; provided, that the dog or cat need not bear the tag while confined, in harness, in competition, in training, or while hunting.
C. No person may use a dog or cat license, dog or cat tag or receipt for a dog or cat other than for the dog or cat it was issued. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2 (part), 1987).
6.08.120 Issuance of licenses.
A. The chief animal control officer may permit veterinarians or other persons to retain a specified part of the license under this chapter, allowing the issuer to retain a specified part of the license fee to defray the expense of issuing the license.
B. The chief animal control officer may permit the submission of applications for licenses and the issuance of licenses under this chapter by mail. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).
6.08.130 Exemptions.
Section 6.08.010 does not apply:
A. To a person who owns a dog or cat when that person has not maintained a permanent residence in the Bristol Bay Borough for more than thirty days.
B. To a person who resides either temporarily or permanently in the borough for no more than thirty consecutive days.
C. To a blind person, for the ownership of a seeing eye dog; to a deaf person, for the ownership of a hearing dog; or to any other handicapped person for an aid so long as such dog or cat has been certified by a recognized aid dog or cat institution. (Ord. 2006-03 (part), 2006: Ord. 87-3 §2(part), 1987).