Chapter 4.16
ANIMAL CONTROL COMMISSION

Sections:

4.16.010    Established.

4.16.020    Terms of office.

4.16.030    Organization.

4.16.040    Responsibilities.

4.16.050    Hearings and appeals to the animal control commission.

4.16.060    Hearing procedure.

4.16.010 Established.

Under the mayor’s office there is established an animal control commission consisting of nine members to be appointed by the borough mayor and confirmed by the assembly. Members shall be appointed with due regard to their interest in humane treatment of animals, animal control and its related activities, e.g., dog mushers, animal breeders, humane organizations, veterinarians and animal owners, etc. (Amended during 1993 republication; Ord. 86-093 § 2, 1986; Ord. 79-35 § 2, 1979. 2004 Code § 2.38.010.)

4.16.020 Terms of office.

Members of the animal control commission shall serve for a term of three years or until a successor is appointed and qualified; provided, that the terms of the commission members shall be staggered so that three terms will expire each year. (Ord. 99-014 § 3, 1999; Ord. 79-35 § 2, 1979. 2004 Code § 2.38.020.)

4.16.030 Organization.

The commission shall annually elect a chairman and vice chairman and shall adopt rules for the conduct of its meetings. Robert’s Rules of Order shall apply unless different rules are adopted by the commission. (Ord. 79-35 § 2, 1979. 2004 Code § 2.38.050.)

4.16.040 Responsibilities.

The commission shall:

A. Review the animal control facilities of the borough and make recommendations to the borough mayor and the animal control manager concerning present and future needs;

B. Advise and assist the animal control manager and borough mayor in problems involving control and disposal of animals;

C. Make recommendations to the animal control manager regarding the annual animal control budget;

D. Conduct animal bite hearings as a quasi-judicial body as set forth in this chapter. (Ord. 2017-27 § 2, 2017; Ord. 88-057 § 2, 1988; Ord. 79-35 § 2, 1979. 2004 Code § 2.38.060.)

4.16.050 Hearings and appeals to the animal control commission.

An owner aggrieved by the decision of the animal control officer may appeal to the animal control commission. Such request for appeal must be filed within 10 days of the date of the decision of the animal control officer. The animal control commission may affirm, reverse, or modify the decision of the animal control officer. The animal control commission shall have the power to euthanize the animal. The animal control commission shall set a hearing date to be held within 20 days of the receipt of the request for appeal by the owner. (Ord. 2017-27 § 3, 2017; Ord. 2016-40 § 22, 2016; Ord. 2013-72 § 8, 2013; Ord. 2000-50 § 8, 2000; Ord. 88-058 § 8, 1988. 2004 Code § 6.14.020.)

4.16.060 Hearing procedure.

A. A quorum shall consist of three members of the animal control commission. If only three members of the commission are present, it will take a unanimous vote in order to euthanize an animal. If more than three members of the commission are present, then a majority of those present must vote in favor of euthanasia.

B. The animal control commission shall review the written decision of the animal control officer, hear statements from the victim and representative of animal control, and hear statements from the owner of the animal, and review any pertinent materials. Additional witnesses who observed the event shall also be heard, and the owner may present witnesses to testify to the general character or demeanor of the animal, subject to the discretion of the animal control commission to limit cumulative, redundant or irrelevant testimony. The commission, the animal control representative and the owner shall have the opportunity to question witnesses.

C. An owner aggrieved by the decision of the animal control commission may appeal to the superior court within 30 days. Notice of intent to appeal shall be given to the animal control officer within 72 hours of the decision of the animal control commission. If the animal which is the subject of the appeal is impounded, the animal control officer shall require advance payment for one month of room and board expense if the owner provides a notice of intent to appeal. (Ord. 2016-40 § 23, 2016; Ord. 2000-50 § 9, 2000; Ord. 88-058 § 8, 1988. 2004 Code § 6.14.030.)