Chapter 6.04
ANIMALS RUNNING AT LARGE
Sections:
6.04.010 Running at large prohibited.
6.04.030 Impoundment procedure.
6.04.060 Administrative appeal.
6.04.070 Disposal of impounded animals.
6.04.010 Running at large prohibited.
A. It is unlawful for the owner of any domestic animal to allow the animal to run at large in the municipality. The owner of an animal cited for running at large shall be subject to a civil fine established by resolution of the borough assembly.
B. It is unlawful for the owner of any livestock to allow such animal to be pastured or herded, or staked or tied for the purpose of grazing, on any public property belonging to or under the control of the municipality without the written consent of the borough manager or his designee.
C. It is unlawful for the owner of any livestock to allow such animal to be tied, staked, pastured, led, ridden or turned at large upon any private property within the municipality, without the consent of the owner of said private property.
D. It is unlawful for any person to ride, lead or otherwise permit any livestock to go upon any municipally owned property, including but not limited to Mollie Walsh Park, Hanousek Park, the 7-Pastures Recreation Area, property belonging to the Skagway School District, or any pedestrian lane or sidewalk, without written permission of the borough manager or his designee. This subsection does not prohibit the use of public streets, roads or alleys by horses under the control of competent persons or the use of said public streets, roads or alleys by animal-drawn vehicles.
E. It is unlawful for any unauthorized person who is not the owner or person in charge of an animal to intentionally untie or otherwise release a tied or confined animal, without the permission of the animal’s owner, so as to allow the animal to run at large. If an un-emancipated minor performs this prohibited act, the minor’s parents or guardian shall be liable for payment of the civil penalties provided under Section 6.01.020. If any destruction to property results from the animal’s running at large, the minor’s parents or guardian shall be held liable to the property owner under state law (AS 09.65.255).
F. Any person who keeps rabbits, chickens or other similar small domestic animals, not to include dogs and cats, in the municipality shall keep such animals securely confined at all times in thoroughly enclosed hutches or coops upon the animal owner’s premises. The municipality may require that such animals be tagged so that their owner can be determined.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Amended, 04/17/2014; Ord. 11-15, Amended, 08/18/2011; Ord. 99-17, Amended, 07/01/1999; Ord. 91-34, Amended, 11/21/1991; Ord. 84-27, Amended, 11/08/1984; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.04.020 Control of dogs.
A. It is unlawful for the owner or keeper of any dog:
1. To permit a dog to run at large within the municipality at any time;
2. To permit a dog, other than a service animal, on public school grounds without written permission from the superintendent;
3. To permit a dog in public parks except on a leash and subject to all applicable rules and regulations pertaining to the use of parks and, for service animals, those rules specified in the American Disabilities Act (ADA) Title III, including but not limited to 28 CFR 36.302(c)(4) and 28 CFR 35.136(d) regarding control of the service animal;
4. To permit a dog, other than a service animal, to enter a market or other place where food is stored, prepared, served or sold to the public, or any other public place or hall (except for animal shows or other exhibition purposes, veterinarians’ offices, kennels, or places for which the licensing official has issued a permit). Service animals are subject to the ADA rules specified in subsection (A)(3) of this section; and ADA Title III, 28 CFR 36.302(c)(2) and 28 CFR 35.136(b)(2), which provide that a public accommodation and a public entity may ask an individual with a disability to remove a service animal from the premises if the animal is out of control and the handler does not take effective action to control it, or the animal is not housebroken; or
5. To permit a dog to make chronic animal noise.
B. Control of dogs is required by leash for all areas west of the railroad tracks and south of the bridge at 23rd Avenue and east of the Skagway River and the 7-Pastures.
C. Control of dogs by voice command may be used for areas east of the railroad tracks and north of the bridge at 23rd Avenue and west of the Skagway River and the Yakutania Point Trail System except those areas noted in subsection (B) of this section.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 11-07, Amended, 05/12/2011; Ord. 04-17, Amended, 09/16/2004; Ord. 2001-22, Amended, 09/20/2001 Effective 05/01/2002; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.04.030 Impoundment procedure.
A. Any domestic animal found running at large or otherwise in violation of this chapter shall be subject to immediate impoundment by the police chief or his/her authorized designee. The police chief or his/her authorized designee shall, immediately upon impounding any domestic animal, make a record of the date and time of the impoundment and the identity of the animal and the animal’s owner, to the extent they can be determined by reasonable effort. The animal shall be photographed and the same shall be recorded and attached to the police dispatch report and the animal’s record of licensure for future identification purposes.
B. When the impounded animal is a dog:
1. If the dog is licensed, the chief of police or his/her authorized designee shall forthwith give notice by mail or telephone (if the owner is within the borough limits) to the owner of such licensed dog, informing the owner of the impoundment and the reason.
2. If the impounded animal is a dog not bearing a license tag, the chief of police or his/her authorized designee shall give notice within twenty-four (24) hours of such impoundment by posting notice at police headquarters and such other public place as may be provided for such notices. Such notice shall give the breed, color, sex and other identifying characteristics of the impounded dog, together with the date and location the animal was apprehended, and the date the animal will be disposed of as provided in this chapter if not earlier redeemed. No dog impounded without a license may be redeemed and released from impoundment until a license for the current calendar year has been procured for the dog as required by Section 6.06.010.
C. The same impoundment and notification process as used for dogs shall be used for livestock.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.04.040 Notice of violation.
In lieu of impoundment, the municipality may issue a notice of violation to the owner of the animal. A notice of violation shall carry the same impound fees as those established by Section 6.04.050.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.04.050 Impound fees.
A. For every animal taken up and impounded or for which a notice of violation has been issued as provided in this chapter, any person desiring to redeem such animal shall pay the municipality the total of the fees, as established by resolution, for impoundment, care, feeding and veterinary care, and, if not licensed, the license fee for the current calendar year.
B. Payment of the fees provided in this section shall be exclusive of and in addition to any penalties imposed by reason of violation of any provision of this title.
C. Failure to contact the Skagway police department within five (5) days of the date of the notice of violation and arrange a payment schedule for the fine acceptable to the police chief, or to pay the fine for a violation within five (5) days of the date of the notice of violation, or to file an appeal of a notice of violation within ten (10) days of the date of the notice of violation, will result in an additional fee in the amount of the civil fine.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Amended, 04/17/2014; Ord. 11-15, Amended, 08/18/2011; Ord. 91-4, Amended, 02/21/1991; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.04.060 Administrative appeal.
A. Right to Appeal and Time for Appeal. Any persons who have been issued a notice of violation may appeal the notice of violation by filing an appeal with the borough manager within ten (10) days of the date of the notice of violation. The borough manager shall prepare appeal forms which the appellant may use.
B. Hearing Officer. The borough manager or such person(s) as the borough manager may designate shall serve as hearing officer for notice of violation appeals and shall have authority to decide such appeals.
C. Contents of Appeal. An appeal must be in writing and contain the following information:
1. Name and mailing address of the appellant;
2. Number or other sufficient identification of the notice of violation;
3. Statement of the reasons for the appeal;
4. Any facts, documents, photographs, witness statements, or other evidence supporting the appeal; and
5. Statement as to whether the appellant requests a hearing before a hearing officer, or whether the appeal can be decided without a hearing. If the appellant waives hearing, the hearing officer may decide the appeal based on the written statements of the appellant, the issuing officers and any witnesses as contained in the notice or other written reports.
D. Administrative Hearing Procedures.
1. Date of Hearing. Unless otherwise agreed to by the appellant and the hearing officer, a hearing requested under this section shall be held no later than fifteen (15) business days from the date the written notice of appeal is filed with the borough manager.
2. Procedure. The hearing shall be conducted informally and may be governed by such rules as the hearing officer may choose to establish, except that:
a. Parties may appear in person or through counsel;
b. Parties may present witnesses and evidence on their own behalf and witnesses may be cross-examined;
c. The hearing is not governed by the formal rules of evidence. The hearing officer may consider evidence that the officer reasonably deems to be both relevant and material to the contested issues;
d. All hearings shall be open to the public;
e. The hearing shall be memorialized by electronic recording or stenographic record;
f. Failure of the appellant to appear at a hearing requested by the appellant shall waive all right to a hearing and shall render the amount of the fine due and owing.
3. Scope of Review. The hearing officer’s decision shall be based on the law and facts applicable to the case. The hearing officer may exercise independent judgment and reasonable discretion, applied in a consistent manner, in deciding appeals and may affirm, modify, or dismiss the notice of violation.
4. Decision. No later than ten (10) business days following the hearing, the hearing officer shall issue a written decision setting out the hearing officer’s findings and conclusions. The decision should also include the following statement: "This is the final decision of the Municipality of Skagway and a party disputing this decision has thirty (30) days from the date this decision was mailed or distributed to file an appeal with the Superior Court for the State of Alaska, First Judicial District at Juneau, Alaska, in accordance with the Alaska Rules of Appellate Procedure." The decision shall be mailed or otherwise distributed to all parties to the appeal.
5. Judicial Appeal. The decision of the hearing officer may be appealed to the Superior Court for the State of Alaska, First Judicial District at Juneau, Alaska, in accordance with the Alaska Rules of Appellate Procedure.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Added, 04/17/2014)
6.04.070 Disposal of impounded animals.
Any animal which has been impounded may be redeemed during the first three (3) days thereafter by any person claiming to own or act for the owner of the animal, upon payment of the fees and costs as set forth in Section 6.04.050. At the expiration of the first three (3) days, if the animal has not been redeemed as above for another two (2) days, the animal may be redeemed by any person upon payment of the fees and costs as set forth in Section 6.04.050 minus impoundment fees, or such animal shall be subject to disposal by the municipality by any of the following means:
A. The animal may be offered for sale at a price fixed by the chief of police or his/her authorized designee; or
B. The animal may be released by the chief of police or his/her authorized designee to any person who pays the fees required by Section 6.04.050 or such portion thereof as the chief of police or his/her authorized designee may require; or
C. The police chief may release the animal to any other organization for such disposition as he may see fit; provided, however, that no animal shall be given or sold to any person or association for vivisection purposes; or
D. The animal may be killed by any humane method.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Amended, 04/17/2014; Ord. 11-15, Amended, 08/18/2011; Ord. 91-4, Amended, 02/21/1991; Ord. 84-22, Repealed & Replaced, 10/11/1984. Formerly 6.04.060)