Chapter 6.06
LICENSING OF DOGS
Sections:
6.06.010 Annual license required.
6.06.020 Application for license.
6.06.050 Dog collar and license tag.
6.06.070 Lost tag replacement fee.
6.06.080 Additional fee may be imposed.
6.06.090 Administrative appeal.
6.06.010 Annual license required.
It is unlawful to keep or harbor a dog over six (6) months of age within the borough limits unless a dog license has been procured for the dog from the municipality. Any owner who fails to license their dog as required by this chapter is subject to a civil penalty established by resolution and subjects his/her dog to the impoundment provisions specified in Section 6.04.030, 6.04.040 and 6.04.050. 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.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Amended, 04/17/2014; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.020 Application for license.
Application for a dog license shall be made annually in January by residents of the municipality of Skagway and/or within fourteen (14) days of completing a thirty (30) day residency period in the municipality of Skagway, upon forms provided by the Skagway police department. The application shall:
A. List the name of the owner;
B. List the residential mailing address and phone number of the owner;
C. Specify the name, breed, color, age, sex, and altered status of each dog owned or harbored by him/her;
D. Be accompanied by proof of a current rabies vaccination;
E. Any other medical and vaccination information and data as may be required. Such information shall be kept, conveniently indexed, by the Skagway police department together with the number of the license issued.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Amended, 04/17/2014; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.030 Term of license.
The license shall expire each year on December 31st following the date of issuance.
(Ord. 17-01, Amended, 02/16/2017; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.040 License fee.
The annual license fee for each dog shall be as established by resolution.
(Ord. 17-01, Amended, 02/16/2017; Ord. 91-4, Amended, 02/21/1991; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.050 Dog collar and license tag.
Every licensed dog shall be provided by the owner or keeper with a collar or harness, which shall be worn by the dog at all times. To such collar or harness shall be affixed a license tag provided by the Skagway police department for each year for which a license has been procured. The license tag shall be stamped with the number and year for which it is issued. The shape or design of such tag shall be changed from year to year. It is unlawful for any person other than the owner, his/her agent, a veterinarian while treating the dog, or the chief of police or his/her authorized designee to remove the license tag from the dog.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.060 Change in ownership.
Whenever the ownership of a dog changes, the new owner shall notify the Skagway police department and pay the department a sum equal to fifty percent (50%) of the annual fee, whereupon the department shall change the record accordingly for such dog, and the previously issued license for the dog shall remain valid for the remainder of the year.
(Ord. 17-01, Amended, 02/16/2017; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.070 Lost tag replacement fee.
Any owner or keeper of a licensed dog whose current license tag has been lost may obtain a replacement tag, prior to impounding of such dog, by payment of a fee, as established by resolution, to the Skagway police department.
(Ord. 17-01, Amended, 02/16/2017; Ord. 91-4, Amended, 02/21/1991; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.06.080 Additional fee may be imposed.
Failure to contact the Skagway police department within five (5) days of the date of a notice of violation issued under this chapter and arrange a payment schedule for the fine acceptable to the chief of police or his/her authorized designee, 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 imposition of an additional fee in the amount of the civil fine.
(Ord. 17-01, Amended, 02/16/2017; Ord. 14-04, Added, 04/17/2014)
6.06.090 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) 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) days following the hearing, the hearing officer shall issue a written decision setting out the hearing officer’s findings and conclusions so as to provide a clear understanding of the reasons for the decision entered. 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)