Chapter 22.28
UNLAWFUL ACTS

Sections:

22.28.010    Proper restraint of animals.

22.28.020    Animal waste.

22.28.030    Harboring annoying or diseased animals.

22.28.040    Cruelty/failure to provide humane care.

22.28.050    Release from restraint by nonowner.

22.28.060    Duty of vehicle operators.

22.28.010 Proper restraint of animals.

No owner or caretaker shall fail to properly restrain his or her animal to prevent it from running at large. (Ord. 82-104 § 8, 1983; Ord. 78-15, 1978. 2004 Code § 6.24.010.)

22.28.020 Animal waste.

No dog or cat owner shall fail to remove the excreta deposited by his dog or cat on public areas, recreation areas or on any other person’s property. (Ord. 83-11 § 2, 1983. 2004 Code § 6.24.020.)

22.28.030 Harboring annoying or diseased animals.

A. No person shall knowingly own, harbor or keep any animal infected with a contagious or pestilent disease, unless confined and under the care of a licensed veterinarian.

B. No person shall fail to exercise proper care and control of his animal to prevent it from becoming a public nuisance.

C. No person shall tie, stake or fasten any animal within any street, alley, sidewalk or public place within the borough or in such a manner that the animal can impede or hinder the safe use by the public of such street, alley, sidewalk or public place.

D. Every female dog or cat in heat shall be kept confined in such a manner that such female animal cannot come in contact with a male animal except for planned breeding purposes. (Ord. 88-058 § 11, 1988; Ord. 85-158 § 4, 1985; Ord. 80-65 § 7, 1980; Ord. 78-15, 1978. 2004 Code § 6.24.030.)

22.28.040 Cruelty/failure to provide humane care.

A. A person commits the violation of cruelty to animals if the person:

1. Places a poisonous substance where an animal could reasonably ingest the substance, and the substance was placed with intent to harass, torture, injure or kill an animal; or

2. Intentionally encourages an animal to fight with another animal for sport, training or entertainment; or

3. Intentionally abandons, harasses, tortures, injures or kills an animal; or

4. Intentionally fails to provide that person’s animal with adequate food, water, shelter or veterinary care, to prevent physical suffering.

B. A person commits the violation of failure to provide humane care if the person negligently fails to provide that person’s animal with adequate food, water, shelter or veterinary care, to prevent physical suffering.

C. It is an affirmative defense to a prosecution under this section if the conduct of the person:

1. Was necessarily incident to lawful hunting or trapping activities; or

2. Was in accordance with accepted veterinary practice; or

3. Was in accordance with accepted farming or animal husbandry practices for this purpose being those approved and/or practiced by the majority of the members of the local farm bureau; or

4. Was the humane destruction of a person’s own animal; or

5. Was the humane destruction of an animal by an animal control officer in accordance with this title; or

6. Was the humane destruction of an animal in extreme pain due to illness or injury; or

7. Was in reasonable defense of person or property.

D. A person commits the violation of failure to notify if the person has intentionally or unintentionally killed or injured an animal and the person fails to notify the owner or keeper of the animal or the borough animal shelter within one working day.

E. Complaints of animal cruelty may also be investigated and referred to the Alaska State Troopers or other applicable agency pursuant to Alaska Statutes. (Ord. 2017-05 § 2, 2017; Ord. 2013-65 § 15, 2013; Ord. 2002-03 § 6, 2002; Ord. 2000-50 § 11, 2000; Ord. 96-030 § 2, 1996; Ord. 87-062 § 3, 1988. 2004 Code § 6.24.040.)

22.28.050 Release from restraint by nonowner.

No person shall, without permission of the owner, release any animal from restraint except to preserve the animal’s life. (Ord. 78-15, 1978. 2004 Code § 6.24.050.)

22.28.060 Duty of vehicle operators.

A. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report the accident to the appropriate law enforcement agency or to the department of animal control or will personally contact the animal’s owner.

B. No vehicle operator shall fail to safely restrain an animal within the confines of an open motor vehicle or pick-up truck so as to prevent the animal from jumping, falling, or reaching out. (Ord. 2002-03 § 7, 2002; Ord. 2000-50 § 12, 2000; Ord. 78-15, 1978. 2004 Code § 6.24.060.)