Chapter 6.08
DANGEROUS ANIMALS
Sections:
6.08.010 Restraint of dangerous animal.
6.08.020 Impoundment of dangerous animals.
6.08.040 Emergency situations.
6.08.010 Restraint of dangerous animal.
No dangerous domestic animal shall be permitted within the borough limits unless kept securely confined at all times within the owner’s premises, so that the animal is unable to leave the premises, and so that the animal cannot reach federal, state, municipal, and/or private employees who may have occasion for lawful entry upon the owner’s premises in the course of their work.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.08.020 Impoundment of dangerous animals.
A. The municipality, by its properly constituted officers, shall impound any dangerous animal when the animal is:
1. Found to be at large or harbored under circumstances constituting a violation of this chapter;
2. Damaging property that does not belong to the animal’s owner unless the damage to another’s property resulted from the animal’s defense of its owner or household members of their property;
3. Causing bodily harm to any person, domestic animal or livestock; or
4. Acting in such manner as to cause reasonable apprehension of bodily harm to persons, domestic animals or livestock not within or upon the premises of the dangerous animal’s owner.
B. When an animal believed to be dangerous has been impounded, the chief of police shall give written notice to the animal’s owner, informing the owner of their opportunity for a hearing before the police chief within five (5) days of receipt of the notice. The police chief shall, if timely requested by the owner, hold a hearing. The police chief shall determine whether the animal is dangerous, as defined by Section 6.01.010(D) and (in case of dogs also see) AS 03.55.020 and 03.55.030. If the animal is determined not to be dangerous, it shall be released to its owners. If the animal is determined to be dangerous, it may be killed by any humane method.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 86-6, Amended, 02/13/1986; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.08.030 Capture methods.
The use of tranquilizer guns and serum is an approved, humane method for the capture of dangerous animals.
(Ord. 17-01, Amended, 02/16/2017; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.08.040 Emergency situations.
A. If any municipal police officer has probable cause to believe that any person is in imminent danger of bodily harm because of a dangerous animal running at large, such animal may be slain by the police officer in accordance with AS 03.55.010 and 03.55.020.
B. If any person is confronted with a situation where a dangerous animal running at large is about to attack him/her, a member of his/her family or any other person, that person may take such protective measures as may be reasonably necessary to prevent bodily harm to any person, including slaying the animal pursuant to AS 03.55.010 and 03.55.020. Such events shall immediately be reported to the Skagway police department.
C. A police officer in hot pursuit of an animal running at large known or reasonably suspected of being dangerous to persons other than wrongful trespassers upon the owner’s premises may enter the owner’s premises and demand possession of such animal. If after such request the owner or keeper of the animal refuses to deliver the animal to the officer, and the officer cannot with reasonable safety catch the animal, the officer may cause the animal to be killed pursuant to AS 03.55.010 and 03.55.020; provided, however, such officer shall not enter the owner’s premises without a valid warrant.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-18, Amended, 08/18/2011; Ord. 84-22, Repealed & Replaced, 10/11/1984)
6.08.050 Biting animals.
A. Any animal which has twice engaged in biting a person is hereby declared to be a nuisance, and shall not be kept within the borough. If any such animal is found within the borough, it shall be impounded and disposed of as an unredeemed animal, and the owner/keeper shall have no right to redeem such animal. The method of disposal shall be the same as that in Section 6.08.020(B).
B. Any animal that bites a human being, and which does not have a valid rabies certificate, shall be quarantined for a period of not less than ten (10) days. At the discretion of the chief of police, or his/her authorized designee, the quarantine location may be on the premises of the owner/keeper, or at the police department animal impound facility at the expense of the owner/keeper.
1. The animal may be reclaimed by the owner/keeper if:
a. The animal has a certificate evidencing a current valid rabies vaccination within the past three (3) years; and
b. Any and all expenses incurred for the capture, transportation, housing, maintenance and quarantine of such animal have been paid; and
c. The animal does not exhibit any of the behaviors or signs described in subsection (B)(2) of this section.
2. If the animal exhibits behavior consistent with the definition of a dangerous animal in Section 6.01.010(D) or exhibits signs of being rabid, then it shall not be eligible to be reclaimed until:
a. The animal has been sent to the closest veterinarian for further evaluation to determine whether or not it demonstrates symptoms consistent with being infected with rabies; and
b. The veterinarian submits to the chief of police a certificate stating that the animal either shows or does not show symptoms of rabies.
3. The chief of police or his/her authorized designee shall give notice to the animal’s owner/keeper upon delivery of the animal to the veterinarian of the:
a. Date of the animal’s confinement;
b. Reason for the continued quarantine;
c. Name, address and location of the veterinarian evaluating the animal; and
d. Expected expiration date of the ten (10) days of quarantine/confinement.
4. Upon the expiration of ten (10) days of quarantine and upon release of such animal, the veterinarian shall submit to the chief of police a second certificate stating that the animal does not have rabies and that it has been released. A copy of both certificates and any documentation of medical treatment and/or vaccines provided by the veterinarian shall be provided to the owner/keeper of such animal, by the chief of police or his/her authorized designee within ten (10) days of their receipt at the Skagway police department.
5. The cost of transporting the animal to and from the veterinarian and maintaining the animal in the veterinarian’s care shall be borne by the animal’s owner/keeper, except where the owner cannot be ascertained, then the borough shall pay for such transportation, housing, maintenance, observation, care, medical treatment and/or vaccines.
C. It is unlawful for the owner/keeper of any animal, when notified that such animal has bitten any person or has injured any person by causing an abrasion to their skin, to sell or give away such animal or permit such animal to be taken beyond the limits of the borough except to a veterinarian, and it shall be the duty of the animal’s owner/keeper, upon receiving notice of such biting event, to immediately place such animal in quarantine where such animal shall be confined for a period of at least ten (10) days. At the discretion of the chief of police, or his/her authorized designee, the quarantine location may be on the premises of the owner/keeper, or at the police department animal impound facility at the expense of the owner/keeper. If the owner/keeper is authorized to quarantine such animal on their premises, it shall be the owner/keeper’s responsibility to keep the same securely chained and confined to the owner’s premises and segregated from any other animals during such observation period. The cost of transporting, housing, maintaining, observing, care, medical treatment, and/or vaccines for the animal in the veterinarian’s care shall be borne by the animal’s owner/keeper.
D. Any animal which has been determined by a veterinarian to have rabies shall be destroyed, by any humane method.
(Ord. 17-01, Amended, 02/16/2017; Ord. 11-15, Amended, 08/18/2011; Ord. 09-10, Amended, 05/21/2009; Ord. 86-6, Amended, 02/13/1986; Ord. 84-22, Repealed & Replaced, 10/11/1984)