Chapter 10.30 ANIMAL CONTROL

Chapter 10.30
ANIMAL CONTROL

Sections:

10.30.010 License.

10.30.020 Unattended animals prohibited.

10.30.030 Objectionable animals.

10.30.040 Interference with enforcement officer.

10.30.050 Impounding.

10.30.060 Immediate destruction.

10.30.070 Destruction of mad or vicious animals.

10.30.080 Parvovirus vaccination.

10.30.090 Biting dogs—Rabies control.

10.30.100 Dog teams.

10.30.110 Entry into business establishments.

10.30.130 Sanitary enclosures and sanitary exercise.

10.30.140 Humane animal care.

10.30.150 Cruelty to animals.

10.30.160 Protective custody.

10.30.170 Definitions.

10.30.180 Violation—Penalty.

10.30.010 License.

(a) No person may harbor or maintain a mature dog or a mature cat without first obtaining an annual license from the city clerk. No person may harbor or maintain a horse without first obtaining an annual license from the city clerk. Licenses shall expire December 31 of each calendar year and applications for renewal of an expired license shall be due January 1 of each calendar year.

(b) Upon application, the city clerk will register the dog, cat or horse and its owner and issue a license tag valid for the calendar year in which the license is issued provided that the owner or keeper of the animal has shown that the animal has been immunized as required by this chapter and has paid the license fee. No person may harbor or maintain a mature dog, cat or horse that does not exhibit a current license tag.

(c) The city clerk will collect an annual license fee of thirty dollars for all unaltered dogs and cats. A fifteen-dollar fee will be collected for all other dogs and cats. Proof must be submitted to the city clerk that the animal has been spayed or neutered before the clerk may issue the reduced-fee license. The city clerk will collect an annual license fee of thirty dollars for each horse kept within the city.

(d) No license may be issued unless the owner or keeper of the animal provides proof that the animal has been properly immunized against rabies and parvo.

(e) A kennel owner may obtain a kennel license for one hundred dollars yearly for a kennel of seven to ten dogs or one hundred fifty dollars yearly for a kennel of eleven or more dogs. (Ord. O-09-09-01 § 1, 2009; Ord. O-03-02-1 § 2, 2003: Ord. O-97-4-1 § 2 (part), 1997; Ord. O-93-6-6 § 1 (part), 1994)

10.30.020 Unattended animals prohibited.

(a) No animal may run at large within the city. No person having charge or control of an animal may permit the animal to run at large within the city.

(b) Female in Heat—Confinement. Every female “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. O-93-6-6 § 1 (part), 1994)

10.30.030 Objectionable animals.

(a) The owners of any animal or bird shall not harbor, keep or permit the same to disturb a neighborhood or any number of persons by frequent or prolonged noise, including, but not limited to: barking, howling, braying, crowing, or making other sounds common to its species.

(b) Upon receipt of a written statement identifying dates and time periods of frequent and prolonged noise signed by at least two persons residing at different physical addresses in the immediate vicinity of the noise by the enforcement officer, the enforcement officer shall order the owner of the animal to immediately comply with subsection (a) of this section. The owner of any animal shall not permit the same to frequently or habitually growl, snap at, jump upon or otherwise menace, injure or frighten persons within the city. This provision does not apply to persons who are trespassing or otherwise in violation of the law.

(1) The definition of “frequent or prolonged noise”;

(2) A copy of this chapter;

(3) The nature and the times of the noise as identified in the written statement;

(4) Potential methods of curtailing animal noise;

(5) The amount of time allowed to comply with the notice.

(d) If the owner fails to comply with any order issued pursuant to subsection (c) of this section, an enforcement officer may:

(1) Issue the owner a citation for violation of this chapter; and

(2) Remove the animal that was making the noise to a location outside of the boundaries of the city of Nome. (Ord. O-09-09-01 § 2, 2009: Ord. O-93-6-6 § 1 (part), 1994)

10.30.040 Interference with enforcement officer.

(a) No person may interfere with or obstruct an enforcement officer in the discharge of their duties. No person may release or attempt to release from the possession of an enforcement officer or from the municipal pound an animal impounded under this chapter.

(b) For purposes of discharging the duties imposed by this chapter and to enforce its provisions, the enforcement officer is empowered to enter upon any premises upon which an animal is kept or harbored and to demand the exhibition by the owner of such animal and the license for such animal (where required by this chapter), provided that a proper warrant is first obtained. (Ord. O-01-07-1 § 2, 2001: Ord. O-93-6-6 § 1 (part), 1994)

10.30.050 Impounding.

(a) Any animal running at large may be captured by enforcement officers. Captured animals or animals taken into protective custody under NCO Section 10.30.160 will be confined at the municipal pound.

(b) Upon the owner’s compliance with the license provisions of NCO Section 10.30.010 or with the redemption provisions for animals in protective custody in NCO Section 10.30.160 and upon payment to the clerk of an impound fee of fifty dollars for the first offense, sixty dollars for the second offense, and three hundred dollars for the third and subsequent offenses within each calendar year, plus any surcharge required to be imposed by AS 12.55.039, the owner shall be entitled to redeem or resume possession of any animal impounded, except as hereinafter provided in this chapter. In addition to the fines set forth herein, the owner of an animal impounded must pay a per day charge of thirty dollars to cover the costs of impoundment which shall be assessed for each calendar day, or part of a calendar day, that the animal remains impounded. Any mature animal which is not validly licensed at the time of capture or being taken into protective custody by the enforcement officers may be redeemed by the owner following payment of the license fee according to the provisions of this chapter, and an impound fee of one hundred dollars plus any surcharge required to be imposed by AS 12.55.039.

(c) In addition to payment of the fees set forth in subsection (b) of this section, an owner whose animal is taken into protective custody and for which a finding of cruel or inhumane treatment is made under NCO Section 10.30.160 must pay all reasonably incurred costs and expenses associated with taking the animal into protective custody before they may redeem their animal. Such costs include, but are not limited to the payment of veterinary costs, medication and other extraordinary costs for care and maintenance of the animal. The owner must also agree to any written release order required under NCO Section 10.30.160(c).

(d) Captured animals not redeemed or adopted within five weekdays of impoundment will be put up for adoption, if deemed adoptable in the sole discretion of the enforcement officer. Unadoptable and unclaimed animals shall be humanely destroyed by the enforcement officer after ten days of impoundment.

(e) A person who lives within twenty miles of the city boundaries and is adopting an impounded animal shall have the adopted animal neutered or spayed, unless the animal is already neutered or spayed. The adoptive owner shall pay the city one hundred and fifty dollars for any unneutered male animal and two hundred dollars for any unspayed female animal. If the animal is already neutered or spayed, the adoption fee is:

(1) Fifty dollars for animals adopted to persons living within twenty miles of city boundaries;

(2) Free for animals adopted to persons living more than twenty miles from city boundaries. (Ord. O-09-09-01 §§ 3—6, 2009; Ord. O-02-9-7 § 2, 2002; Ord. O-01-10-1 § 2, 2001; Ord. O-01-07-1 § 3, 2001: Ord. O-97-4-1 § 2 (part), 1997; Ord. O-93-6-6 § 1 (part), 1994)

10.30.060 Immediate destruction.

(a) If after diligent effort the enforcement officer is unable to capture an at large animal, whether licensed or unlicensed, the enforcement officer may immediately destroy the animal. If an animal so destroyed is found to be licensed, the owner shall be promptly notified.

(b) Any person wishing to have his animal(s) destroyed by the enforcement officer may do so upon payment of fifty-five dollars to the city clerk, accompanied by a signed affidavit stating that the animal to be destroyed has not bitten a human or another animal in ten days.

(c) The enforcement officer is authorized to destroy summarily any dog loose and at large in the city if the dog does not carry and exhibit a current license tag, or other immediately recognizable evidence of rabies immunization.

(d) The enforcement officer is authorized to destroy summarily any dog loose and at large in the city if said dog is escaping from a reasonable attempt of said officer to capture said dog, or if said dog shows signs of aggression toward the enforcement officer sufficient to place said officer in reasonable apprehension of bodily injury.

(e) Upon delivery of a dog to the municipal pound when no additional facilities exist for the confining of more animals, the enforcement officer shall destroy summarily whichever dog has been confined at the municipal pound for the longest period of time, for purposes of providing a place to confine the newly captured dog. Said summary destruction shall occur notwithstanding the provisions of NCO Section 10.30.050(c) otherwise allowing three days for redemption. (Ord. O-09-09-01 § 7, 2009; Ord. O-02-11-1 § 2, 2002; Ord. O-97-4-1 § 2 (part), 1997; Ord. O-93-6-6 § 1 (part), 1994)

10.30.070 Destruction of mad or vicious animals.

Nothing in this chapter is intended to restrict enforcement officers from immediately destroying animals that pose a menace or immediate danger to the inhabitants of the city. (Ord. O-93-6-6 § 1 (part), 1994)

10.30.080 Parvovirus vaccination.

(a) No person shall import or assist the import of any dog into the city unless and until said dog has been immunized against Parvovirus at least seven days prior to entry of said dog into the city.

(b) Proof of immunization shall be submitted to the city clerk in the form of a signed certification by a licensed veterinarian, or such other similar form of proof acceptable to the city clerk.

(c) Dogs imported into the city without proof of immunization as provided in subsection (b) of this section shall be seized and quarantined at the expense of the owner or claimant, and may be destroyed twenty-four hours after said quarantine unless the owner or claimant removes said dog from the greater Nome area or produces proof of immunization within said twenty-four-hour period. (Ord. O-93-6-6 § 1 (part), 1994)

10.30.090 Biting dogs—Rabies control.

(a) Every animal which bites a person shall be promptly reported to the police department and to the animal control officer. Every animal which bites a person and for which the owner does not have a current rabies vaccination certificate shall, upon capture, be quarantined for a period of ten days.

(b) The owner, upon demand by the animal control officer, shall surrender any animal which has bitten a human or which is suspected of having been exposed to rabies, for supervised quarantine. The expense of such quarantine shall be borne by the owner. Such animal may be reclaimed by the owner if adjudged free of rabies, except if the animal is a vicious animal, as defined in NCO Section 10.30.170.

(c) When the report of the animal control officer gives a positive diagnosis of rabies, the mayor may declare an area wide quarantine. No animal shall be permitted to be in the streets during such period of quarantine. In addition, no animal may be brought to or taken from the city during such period of quarantine.

(d) No person shall kill or cause to be killed any rabid animal or any animal suspected of having been exposed to rabies except when an animal under quarantine has been diagnosed as being rabid after which that animal shall be humanely destroyed. (Ord. O-09-09-01 § 8, 2009; Ord. O-03-02-1 § 3, 2003: Ord. O-93-6-6 § 1 (part), 1994)

10.30.100 Dog teams.

(a) During the months of October, November, December, January, February and March of each year, it is unlawful for any person to drive over, across or upon any of the streets of the city a dog team drawing a sled or other vehicle unless such team is equipped with bells attached thereto of such size and number and so attached as to automatically give warning of the approaching team.

(b) The term “dog team” shall be construed to mean one or more dogs, hitched or attached to a sled or other conveyance. (Ord. O-93-6-6 § 1 (part), 1994)

10.30.110 Entry into business establishments.

(a) No owner of any animal or person having control of any animal with the exception of a Seeing Eye dog, shall allow such animal to enter upon any public premises where food for human consumption is sold, processed, stored or consumed.

(b) No owner or operator of public premises where food for human consumption is sold, processed, stored or consumed shall allow any domestic animal to enter upon such premises or to remain thereon. (Ord. O-93-6-6 § 1 (part), 1994)

10.30.130 Sanitary enclosures and sanitary exercise.

(a) It is unlawful for any person to own any animal unless all structures, pens and yards, and areas in which the animal is kept are maintained in a sanitary condition. A sanitary condition exists where responsible pet care is practiced to include the regular, frequent removal of animal wastes, such wastes are removed and disposed of in a manner that prevents the spread of pests and disease, odors arising from pet wastes are controlled and the structures, pens and yards are maintained in a manner that does not constitute a nuisance.

(b) It is unlawful for any person to exercise their animal on the property of another unless the permission of the owner of the property is first obtained and any animal wastes generated while using such property are disposed of by the owner of the animal as they are generated. Responsible pet care shall be practiced to include the disposal of animal wastes in a manner that prevents the spread of pests and disease, odors arising from pet wastes are controlled and the use of the property of another does not constitute a nuisance. (Ord O-01-07-1 § 4, 2001: Ord 01-07-1 § 2, 2001)

10.30.140 Humane animal care.

(a) It is unlawful for any person to fail to provide humane animal care to any animal that person owns or keeps.

(b) For purposes of this section, providing humane animal care includes, but is not limited to:

(1) Sufficient wholesome and nutritious food at least once daily which will keep the animal in healthy physical condition;

(2) Sufficient daily quantities of fresh water which meet the hydration requirements for the animal;

(3) Adequate shelter which provides adequate air and ventilation and which prevents the animal from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions and dirty, wet and uncomfortable conditions which may endanger the health or welfare of the animal;

(4) Veterinary care when needed to treat the animal for sickness or disease or to prevent suffering of the animal;

(5) Sufficient exercise as needed. (Ord. 01-10-1 § 3, 2001; Ord. 01-07-1 § 5, 2001)

10.30.150 Cruelty to animals.

(a) It is unlawful for any person to:

(1) Intentionally injure or kill any animal unless the act committed is done humanely and in conformity with applicable law or unless the act is necessary to defend a human being or an animal from attack;

(2) Intentionally or recklessly wound, injure, torment, poison, provoke, otherwise abuse or unnecessarily overwork an animal, or procure, or attempt any such acts;

(3) Fail to provide humane animal care to or abandon an animal which they own or keep;

(4) Throw or deposit any poisonous substance on any exposed public or private place where it may endanger any animal;

(5) Intentionally abandon, harass, torture or kill an animal or encourage an animal to fight with another animal for sport, training or entertainment;

(6) Attempt to capture any fur-bearing land animal, the taking or which is regulated by the state of Alaska Department of Fish and Game with any type of trap that physically harms the animal, including but not limited to, steel jaw traps, snares and spring traps, within the following areas inside municipal boundaries:

(A) South of the Nome Bypass Road and the Little Creek Road (FAS Route #1312) to Center Creek Road (FAS Route #1411),

(B) Within fifty feet of any residence,

(D) Within fifty feet of the centerline of any: (i) road easement authorized under AS 19.10.010 or RS 2477; (ii) recorded public-use easement, ANSCA 14(c)(3) trail or ANSCA 17(b) public use trail easement; or (iii) Omnibus Road easement for the Nome Council Road (FAS Route #130), Nome-Teller Road (FAS Route #131), Nome-Taylor Road (FAS Route #141), Snake River Road (FAS Route #1311), Osborne Road (FAS Route #1412) or Buster Road (FAS Route #1413), except an authorized city, state or federal employee or agent;

(7) No person may place any type of trap within municipal boundaries that physically harms a fur-bearing land animal, the taking of which is regulated by the state of Alaska Department of Fish and Game without first providing the city clerk with the following information on a form to be prepared by the city, completing and submitting a registration form to the city:

(A) Name and address of the person placing the traps,

(B) General area in which trapping will occur;

(8) The city will prepare and keep current a map showing areas where trapping is allowed and not allowed within municipal boundaries. A copy of the map shall be provided to each person completing the information form required by subsection (a)(7) above;

(9) Special permits to allow trapping in areas where trapping is prohibited may be issued by the city. Before any such special trapping permits are issued, the city council shall find by resolution that it is in the public interest to allow trapping in a prohibited area. Any such permits will describe the area where trapping will be allowed, will be for a limited duration not to exceed thirty days and will allow a specific number of traps to be placed in the permitted area. No person may place a trap within any specially permitted area without markings sufficient to allow members of the public to see where any such specially permitted traps are located;

(10) Dispose the remains of any fur-bearing animal at any place within city limits except the Nome landfill.

(b) Persons found to be cruel to animals shall pay a one hundred fifty dollar fine per incident. (Ord. O-09-09-01 § 9, 2009; Ord. O-07-09-01 §§ 1, 2, 2007; Ord. O-01-10-1 § 5, 2001; Ord. O-01-07-1 § 6, 2001)

10.30.160 Protective custody.

(a) An animal may be taken into protective custody by the city if the enforcement officer makes a determination that an animal is either not being humanely cared for by the owner or is being cruelly treated by any person. Before taking an animal into protective custody, the enforcement officer must make a written finding supporting the reasons for the protective custody and provide this information to the owner of the animal if the owner can be found. If the owner of the animal cannot be identified or located, the enforcement officer shall post the written finding at city hall at least ten days prior to the destruction of the animal unless the animal for humane reasons, is to be earlier destroyed. An animal in protective custody shall be maintained in protective custody until it is redeemed by its owner or for a minimum of ten days, after which time the animal may be humanely destroyed or adopted unless, for humane reasons, the animal should be earlier destroyed.

(b) All animals taken into protective custody shall be examined by a licensed veterinarian to assess the animal’s physical condition. When, in the judgment of the enforcement officer and/or a licensed veterinarian, an animal should be destroyed for humane or health reasons, such animal may not be redeemed. The enforcement officer shall make a written decision specifying the reasons for the decision to destroy an animal under this section and shall forward that decision to the owner of the animal.

(c) Before an owner may redeem an animal taken into protective custody, the enforcement officer may require the owner first to agree upon conditions in a written release order as well as to payment of all fees and costs required under this chapter. It is unlawful for an owner to fail to comply with a written release order.

(d) If an owner refuses to redeem an animal taken into protective custody, the animal is subject to humane destruction by the enforcement officer pursuant to NCO Section 10.30.050(d).

(e) Owners aggrieved by any action of the enforcement officer(s) under this section may appeal those decisions to the city manager on a form provided by the city within five working days after the animal has been taken into protective custody or the owner was provided notice of any action via first-class mail or in person, whichever is later. This right to review does not prevent the running of any time for action imposed by this chapter. If the city manager finds that the action was not in accordance with the law, the city manager shall order the return of the animal to its owner and/or modify the terms of a release order, or, if the animal has been disposed of, award the owner compensation in the amount of the fair market value of the animal at the time the animal was taken into protective custody.

(f) The owner of the animal may contest the findings of the animal control officer to the city manager within three working days of receipt of the findings. The city manager will provide the final findings within three working days to the owner and the animal control officer. (Ord. 01-10-1 § 5, 2001; Ord. 01-07-1 § 9, 2001)

10.30.170 Definitions.

As used in this chapter:

“At large animal” means one not under the immediate supervision of the owner or his agent, or found unsupervised, leashed or unleashed, within the city on public streets, sidewalks and rights-of-way, or otherwise outside the property of the owner or agent.

“Enforcement officer” means a person who has authority to enforce the provisions of this chapter. Such persons include all policemen and the person designated by the city manager as animal control officer.

“Frequent or prolonged noise” means:

(1) Repeated vocalizing by any animal(s), except an animal in a licensed kennel or a commercial facility for animals, in a sixty-minute period from the time the noise begins and that lasts for more than twenty consecutive minutes between the hours of seven a.m. and ten p.m.; or

(2) Repeated vocalizing by any animal(s) for ten consecutive minutes between the hours of ten p.m. and seven a.m.

“Kennel owner” means any person, group of persons, or corporation engaged in the commercial buying, selling, boarding or racing of dogs.

“License tag” means a metal tag issued by the city clerk which evidences that the dog is licensed by the city.

“Mature cat” means any cat over the age of six months.

“Mature dog” means a dog over the age of six months.

“Municipal pound” means the area designated by the city manager to be used for the confinement of impounded animals.

“Vicious animal” means and includes, but shall not be restricted to, any unprovoked animal which has bitten a human or any other animal. (Ord. O-09-09-01 § 10, 2009; Ord. O-03-02-1 § 5, 2003; Ord. O-93-6-6 § 1 (part), 1994)

10.30.180 Violation—Penalty.

(a) Any person who violates any of the provisions of this chapter may be guilty of a violation, punishable by a fine not to exceed three hundred dollars plus any surcharge required to be imposed by AS 12.55.039.

(b) A violation of NCO Section 10.30.020(a) is punishable by a fine of fifty dollars for the first offense, sixty dollars for the second offense and three hundred dollars for the third offense, plus any surcharge required to be imposed by AS 12.55.039. (Ord. O-09-09-01 § 11, 2009; Ord. O-99-11-3 § 23, 1998: Ord. O-93-6-6 § 1 (part), 1994)