Chapter 6.04
ADMINISTRATIVE PROVISIONS AND DEFINITIONS
Sections:
6.04.020 Powers and duties of officers.
6.04.010 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Abandon” means intentionally, knowingly, recklessly or with criminal negligence leaving an animal at a location where it will not be provided proper food, water, shelter and care in a manner which might cause harm to the animal.
“Animal” means a vertebrate, living creature, not a human being, not including fish but including fowl.
“Animal control officer” means the individual designated “animal control officer” by the chief of police, or if none has been designated, the chief of police.
“Animal shelter” means the city facility for the keeping of animals impounded or otherwise taken into custody under this chapter.
“At large” means an animal that is not under restraint.
“Birds of prey” means eagles, hawks, owls, falcons, and other.
“Cattery” means a location designated for the keeping or harboring of more than four but not to exceed ten cats that are four months of age or older.
“Chief” means the chief of the Valdez police department.
“Dangerous animal” means an animal which without provocation has inflicted injury on a person or another animal on public or private property. The following exceptions, however, shall apply:
1. No animal may be declared dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing an unlawful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was testing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime.
2. No dog may be declared dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
3. No dog may be declared dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
4. No dog shall be declared dangerous if the dog has been trained to attack persons independently or upon oral command while under the control and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of its duties.
“Deleterious exotic wildlife” means any starling, English sparrow, or raccoon; any Muridae rodent (to include true mice and rats, gerbils, and their relatives), rockdove or Belgian hare that is unconfined or unconstrained; and any feral ferret or feral swine, or feral domestic rabbit.
“Department” means the Valdez police department.
“Dog” means both male and female dogs, including both domestic and wild canines.
“Fowl” means any bird, including the larger domestic birds such as chicken, duck, goose, turkey, etc.
“Hybrid animal” means an animal that is an offspring of a domesticated animal and a wild animal.
“Injury” means to damage, harm or cause pain and suffering.
“Kennel” means a facility operated by a person engaged in the commercial buying, selling, training, keeping or boarding of dogs for profit, or a facility designed for the keeping or harboring of six or more dogs that are over three months old.
“Livestock” means generally accepted outdoor farm animals such as goats, horses, pigs, barnyard fowl, etc., not to include cats, dogs and other house pets.
“Officer” means the animal control officer, any deputy animal control officer, or any police officer.
“Owner” means any person owning, keeping, harboring, caretaking or having custody or control of an animal.
“Pet shop” means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public.
“Provocation” means conduct which is directed by a person or an animal towards an animal that may reasonably be expected to arouse fear, rage, protective instinct or fury in the animal. Any animal which is at large cannot be considered to be provoked by an animal under restraint.
“Restraint” means and includes physical confinement, as by leash, chain, fence or building.
“Sanitary living conditions” means the animal’s living area is reasonably clear of excrement and standing water. The area is clear of broken glass, trash, nails and other items that may cause injury or death to the animal.
“Vicious animal” means and includes:
1. An animal which when unprovoked has ever bitten or attacked a human being, serious enough to require treatment by a medical professional, without provocation on public or private property; or
2. An animal in violation of Section 6.08.060 which has been previously adjudged by a court to be dangerous.
“Wild animals” means moose, bear, coyote, wolverine, fox, or other wild mammals. (Ord. 19-04 § 1 (part): Ord. 18-01 § 1 (part): Ord. 09-07 § 1 (part): Ord. 07-07 § 1: Ord. 00-09 § 1; Ord. 93-20 § 1: prior code § 4-1)
6.04.020 Powers and duties of officers.
A. The animal control officer shall administer the animal shelter.
B. The animal control officer and, under the supervision of the animal control officer, any police officer assigned animal control duties, or deputy animal control officers appointed by the chief have the power and duty to:
1. Enforce the provisions of this title;
2. Investigate and file complaints for violation of provisions of this title;
3. Serve summonses or issue warnings for violation of provisions of this title;
4. Humanely dispose of animals not adopted, reclaimed, or subject to retention pending court decision.
C. The animal control officer shall maintain complete and detailed records of:
1. Issuance and revocation of licenses under this title;
2. All animals brought into the custody of the animal shelter;
3. The disposition of all animals in the custody of the animal shelter;
4. Investigations of violations of this title;
5. Monies received for fees and charges imposed by this title, when collected at the animal shelter.
D. The animal control officer shall not disclose the identity of animal adopters, unless released from this charge by the adopter, or in order to protect the public health, safety or welfare.
E. The animal control officer may impound and destroy any vicious animal when ordered by a court of competent jurisdiction, when requested by the owner, or in order to protect persons, private property, or the public health, safety or welfare.
F. The animal control officer may promulgate and update forms, licenses and other documents necessary for the administration of this title.
G. The animal control officer may declare exceptions to provisions of this title in order to allow animals to participate in races, shows, training activity or temporary sporting or festive events, not including animal fighting events, and to exclude nonparticipating animals from the vicinity of such events. (Ord. 19-04 § 1 (part): Ord. 18-01 § 1 (part): Ord. 09-07 § 1 (part): prior code § 4-2)
6.04.025 Immunity.
The provisions of this chapter involve discretionary functions, licensing, permits, approvals, inspection, discovery, abatement, health and safety and other matters governed by AS 09.65.070. Determining or failing to find or determine that an animal is dangerous, vicious or in need of protective custody, or the manner of enforcement or nonenforcement of the provisions of this chapter, shall not constitute an assumption by the city of Valdez, or by any of its officers, employees or agents, of any duty, or be deemed or construed to impose any duty, responsibility or liability on the city of Valdez or any of its officers, employees or agents regarding such actions or inaction. (Ord. 19-04 § 1 (part): Ord. 18-01 § 1 (part): Ord. 09-07 § 1 (part))
6.04.030 Violation—Penalty.
Except where otherwise provided, the violation of any part of this title is punishable, upon conviction, in accordance with the fine schedule set out in Section 6.04.040. Each day that any violation of this title shall continue shall constitute a separate offense. (Ord. 19-04 § 1 (part): Ord. 18-01 § 1 (part): Ord. 09-07 § 1 (part): Ord. 00-09 § 3: prior code § 4-7. Formerly 6.04.060)
6.04.040 Fine schedule.
|
MUNICIPAL CODE SECTION |
OFFENSE DESCRIPTION |
COURT APPEARANCE |
PENALTY/FINE |
|---|---|---|---|
|
Cleanup and disposal of animal litter or excrement required—first offense |
Optional |
$25.00 |
|
|
Cleanup and disposal of animal litter or excrement required—second offense |
Optional |
$50.00 |
|
|
Cleanup and disposal of animal litter or excrement required—third offense |
Optional |
$100.00 |
|
|
Cleanup and disposal of animal litter or excrement required—fourth and subsequent |
Optional |
$300.00 |
|
|
Animal running at large prohibited—first offense |
Optional |
$25.00 |
|
|
Animal running at large prohibited—second offense |
Optional |
$50.00 |
|
|
Animal running at large prohibited—third offense |
Optional |
$100.00 |
|
|
Animal running at large prohibited—fourth and subsequent |
Optional |
$300.00 |
|
|
Endangerment prohibited |
Mandatory |
|
|
|
Animal cruelty prohibited |
Mandatory |
|
|
|
Animal neglect prohibited |
Mandatory |
|
|
|
6.08.040(A)(1) |
Negligent feeding of wild animals, birds of prey, or deleterious exotic wildlife prohibited—first offense |
Optional |
$100.00 |
|
6.08.040(A)(1) |
Negligent feeding of wild animals, birds of prey, or deleterious exotic wildlife prohibited—second offense |
Optional |
$300.00 |
|
6.08.040(A)(1) |
Negligent feeding of wild animals, birds of prey, or deleterious exotic wildlife prohibited—third and subsequent offense |
Optional |
$500.00 |
|
6.08.040(A)(2) |
Intentional feeding of wild animals, birds of prey, or deleterious exotic wildlife prohibited—first offense |
Optional |
$250.00 |
|
6.08.040(A)(2) |
Intentional feeding of wild animals, birds of prey, or deleterious exotic wildlife prohibited—second and subsequent offense |
Optional |
$500.00 |
|
Keeping of wild animals within the city prohibited—first offense |
Optional |
$50.00 |
|
|
Keeping of wild animals within the city prohibited—second offense |
Optional |
$100.00 |
|
|
Keeping of wild animals within the city prohibited—third offense |
Optional |
$200.00 |
|
|
Keeping of wild animals within the city prohibited—fourth and subsequent offense |
Optional |
$400.00 |
|
|
Injury to persons and animals prohibited |
Mandatory |
|
|
|
Vicious animals to be properly restrained, etc.—first offense |
Mandatory |
|
|
|
Dangerous animals to be properly restrained, etc.—first offense |
Mandatory |
|
|
|
Continuous noise by animal prohibited—first offense |
Optional |
$25.00 |
|
|
Continuous noise by animal prohibited—second offense |
Optional |
$50.00 |
|
|
Continuous noise by animal prohibited—third offense |
Optional |
$100.00 |
|
|
Continuous noise by animal prohibited—fourth and subsequent offense |
Optional |
$300.00 |
|
|
Failure to confine female dog or cat in heat—first offense |
Optional |
$25.00 |
|
|
Failure to confine female dog or cat in heat—second offense |
Optional |
$50.00 |
|
|
Failure to confine female dog or cat in heat—third offense |
Optional |
$100.00 |
|
|
Failure to confine female dog or cat in heat—fourth and subsequent offense |
Optional |
$300.00 |
|
|
Tethering/chaining/crating of animals restricted—first offense |
Optional |
$50.00 |
|
|
Tethering/chaining/crating of animals restricted—second and subsequent offense |
Mandatory |
|
|
|
Interference with animal control enforcement officers prohibited |
Mandatory |
|
|
|
Duty to render assistance and give information regarding vehicle strike |
Mandatory |
|
|
|
Dog license required—first offense |
Optional |
$25.00 |
|
|
Dog license required—second offense |
Optional |
$50.00 |
|
|
Dog license required—third offense |
Optional |
$100.00 |
|
|
Dog license required—fourth and subsequent offense |
Optional |
$300.00 |
|
|
Display of license tag on dog required |
Optional |
$25.00 |
|
|
Vaccination of dogs required—first offense |
Optional |
$25.00 |
|
|
Vaccination of dogs required—second offense |
Optional |
$50.00 |
|
|
Vaccination of dogs required—third offense |
Optional |
$100.00 |
|
|
Vaccination of dogs required—fourth and subsequent offense |
Optional |
$300.00 |
|
|
Kennel licenses required—first offense |
Optional |
$50.00 |
|
|
Kennel licenses required—second offense |
Optional |
$100.00 |
|
|
Kennel licenses required—third offense |
Optional |
$200.00 |
|
|
Kennel licenses required—fourth and subsequent offense |
Optional |
$400.00 |
|
|
Excessive number of cats prohibited—first offense |
Optional |
$25.00 |
|
|
Excessive number of cats prohibited—second offense |
Optional |
$50.00 |
|
|
Excessive number of cats prohibited—third offense |
Optional |
$100.00 |
|
|
Excessive number of cats prohibited—fourth and subsequent offense |
Optional |
$300.00 |
|
|
Cattery license required—first offense |
Optional |
$50.00 |
|
|
Cattery license required—second offense |
Optional |
$100.00 |
|
|
Cattery license required—third offense |
Optional |
$200.00 |
|
|
Cattery license required—fourth and subsequent offense |
Optional |
$400.00 |
(Ord. 19-04 § 1 (part): Ord. 18-01 § 1 (part))