Chapter 7.32
PENALTIES
Sections:
7.32.010 Infractions.
7.32.020 Misdemeanors.
7.32.030 Forfeiture.
7.32.040 Civil penalty and statutory injunction.
7.32.050 Fines for infractions.
7.32.060 Citations for infractions.
7.32.070 Summons and complaint for misdemeanors.
7.32.010 Infractions.
An infraction is a minor offense which carries no jail sentence and cannot result in the loss of a valuable license. Except as otherwise provided in this title, any person convicted under this title shall be deemed guilty of an infraction and shall be punished by a fine not less than fifty dollars ($50.00), nor greater than three hundred dollars ($300.00) (Prior code § 12.40.010)
7.32.020 Misdemeanors.
Any person convicted of a misdemeanor is subject to a penalty not to exceed a fine of one thousand dollars ($1,000.00) and imprisonment for ninety (90) days. (Prior code § 12.40.020)
7.32.030 Forfeiture.
A. Any owner shall forfeit all rights of ownership in an animal if the owner is:
1. Convicted of violating Section 7.04.090;
2. Ordered by the court to forfeit the animal; or
3. Required by the chief animal control officer to forfeit the animal pursuant to Section 7.04.100(C)(1) or 7.20.040(E).
B. Any person who fails to pay impoundment and boarding fees and other costs and expenses reasonably incurred by the city for the care and maintenance of an animal may be subject to forfeiture of the person’s rights and interest in the animal.
C. Any forfeited animal shall be subject to the impoundment, adoption and euthanasia requirements of this title. (Prior code § 12.40.030)
7.32.040 Civil penalty and statutory injunction.
Pursuant to A.S. 29.25.070(b), the city may institute a civil action against any person who violates any provision of this title. In addition to injunctive and compensatory relief, a civil penalty not to exceed one thousand dollars ($1,000.00) may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the Superior Court shall grant the injunction. Each day that a violation of this title continues constitutes a separate violation. (Prior code § 12.40.040)
7.32.050 Fines for infractions.
A. The following fine schedule is established for violations of the following provisions of this title:
Amount | ||
Section | Section Description | Fine |
Animal annoyance | $50.00 | |
Failure to provide sanitary enclosure | 50.00 | |
Keeping diseased animals | 50.00 | |
Animals in public places | 50.00 | |
7.04.070(A) | Failure to restrain animal First offense | 75.00 |
Second offense, same owner (within 12 months) | 100.00 | |
Third offense, same owner (within 12 months) | 200.00 | |
7.04.070(C) | Release from restraint by non-owner | 50.00 |
Cruelty to animals | 250.00 | |
7.04.100(D) | Failure to pay fees, costs and expenses | 50.00 |
7.04.110(A) | Trapping domestic or domesticated animals | 50.00 |
7.04.110(B) | Failure to check live trap | 50.00 |
7.04.110(C) | Failure to provide humane care for trapped animals | 50.00 |
7.04.110(D) | Failure to release in a timely manner | 75.00 |
7.04.110(E) | Unlawful release of a trapped animal | 50.00 |
7.16.010(A) | Failure to register dog or cat | 50.00 |
7.16.020(A) | Failure to register kennel or cattery | 75.00 |
7.16.020(C) | Failure to re-register kennel or cattery | 75.00 |
Failure to update and provide registration information | 50.00 | |
7.16.040(B) | Failure to meet kennel or cattery requirements | 100.00 |
Failure to comply with written administrative order | 100.00 | |
7.28.050(J) | Failure to spay or neuter adopted dog or cat | 100.00 |
7.24.020(A) | Failure to immunize dog or cat for rabies | 100.00 |
7.24.020(B) | Fraudulent rabies certificate | 250.00 |
7.24.030(A) | Failure of doctors to report bite | 50.00 |
7.24.030(B) | Failure of veterinarians to report rabies | 150.00 |
7.24.030(C) | Failure of citizens to report bite | 50.00 |
Failure to surrender animal for supervised quarantine | 100.00 | |
7.24.060(A) | Failure to report rabies of a quarantined animal | 150.00 |
7.24.060(C)(1) | Unauthorized destruction of rabid animal | 50.00 |
7.24.060(C)(2) | Failure of veterinarian to destroy rabid animal | 50.00 |
7.24.060(D)(1) | Failure to surrender rabid animal | 200.00 |
7.20.030(B) | Filing fraudulent documentation | 100.00 |
7.20.040(F) | Failure to comply with written release order | 250.00 |
7.20.060(C) | Owning a vicious animal | 250.00 |
Failure to notify of running-at-large classified animal | 150.00 | |
7.20.100(D) | Failure to notify of change in ownership of a classified animal | 250.00 |
7.12.030(A) | Interference with animal control officer | 150.00 |
7.12.030(B) | Unlawful release of animal in custody of borough | 75.00 |
7.12.030(C) | Interference with investigation, reporting or prosecution | 100.00 |
7.12.030(D) | Failure of citizen to notify or surrender detained animal | 50.00 |
B. The fines set forth in subsection A of this section may not be judicially reduced. (Prior code § 12.40.050)
7.32.060 Citations for infractions.
A. Citations—Contents. The citation issued for violation of the provisions of this title shall be in writing, state the nature of the violations, name the alleged violator, and contain a notice to answer to the charges against the alleged violator in the Alaska State District Court for the Third Judicial District at Palmer. The citation shall further state that the defendant is entitled to a trial, to engage counsel, to confront and question witnesses, to testify, and to subpoena witnesses in the defendant’s behalf. The citation shall also indicate whether a court appearance is mandatory or can be waived, shall state the fine established by city ordinance, the procedure the defendant must follow in responding to the citation, and the consequences for failure to respond.
B. Issuance. Any animal control officer or other authorized agent of the city may issue, file and serve citations for violations of the provisions of this title.
C. Disposition. A person issued a citation pursuant to this title has the option of paying the applicable fine to the district court clerk upon entering the plea of “no contest” and waiving appearance in court. The defendant may enter a plea of “not guilty” and request a trial.
D. No Contest and Conviction. Persons who do not contest the citation, who change their original plea of “not guilty” to “no contest,” or persons convicted of the offense charged shall be fined according to the fine schedule for all violations set forth in Section 7.32.050 and for all other violations according to the fine limits set forth in Section 7.32.010. (Prior code § 12.40.060)
7.32.070 Summons and complaint for misdemeanors.
Summons and complaints for misdemeanors shall be prepared and filed by legal counsel representing the city. (Prior code § 12.40.070)