Chapter 20.08
GENERAL ANIMAL REGULATIONS
Sections:
20.08.020 Impoundment procedures.
20.08.030 Animals on harbor floats.
20.08.050 Cruelty or injury to animals.
20.08.070 Female animals in heat – Confinement required.
20.08.080 Abandonment of animals.
20.08.090 Maintenance and sanitation.
20.08.100 Adoption of shelter animals.
20.08.110 Disposal of animal at request of owner.
20.08.010 Animals at large.
a. No person may cause or permit an animal to be at large in a public street or alley, or on other public property, or on private property without the property owner’s consent.
b. No person other than the Animal Control Officer performing duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. A person who releases an animal from restraint to preserve its life shall promptly report having done so to the animal’s owner or the Animal Control Officer.
c. The Animal Control Officer may capture or humanely destroy by any means an animal at large that presents an immediate threat to public safety.
d. The owner of an animal that is at large may be cited for a violation of this section without the impoundment of the animal. [Ord. 23-48(A) § 2, 2023; Ord. 18-11 § 20, 2018; Ord. 16-38(S)(A) § 4, 2016].
20.08.020 Impoundment procedures.
a. The Animal Control Officer may capture and impound an animal that is at large in violation of HCC 2.08.010(a). The Animal Control Officer may pursue an animal onto private property in the course of effecting its impoundment, and if necessary use a cage trap to capture an animal.
b. Immediately upon impounding an animal whose owner is known to the impounding Animal Control Officer, the officer shall make a reasonable effort to inform the owner of the impoundment and the conditions on which the owner may regain custody of the animal.
c. An animal that is impounded under the provisions of this chapter shall be held in the City animal shelter in a humane manner for a minimum of five days unless sooner claimed by the owner. Animals impounded at the shelter will be vaccinated and microchipped on intake. Animals not claimed by the owner thereafter may be, at the discretion of the Animal Control Officer, offered to the public for adoption or in the case of a large animal sold at public auction as outlined below, or destroyed in a humane manner.
1. The City shall publish in a newspaper of general circulation in the City a notice of the intention of the City to sell a large animal at public auction, on a day and at a place and time certain, not less than 10 days prior to the sale, for cash to the highest and best bidder. At any time prior to the auction, the owner may redeem the animal by cash payment of all fees and charges against the animal.
2. The minimum acceptable bid shall be a sum equal to the City’s fees and charges against the animal. The proceeds of the sale shall be first applied to the cost of sale, then to accrued fees and charges, service fees, storage charges, attorney fees and costs, and other expenses provided for in this title, and the balance, if any, shall be held in trust by the City for the owner of the animal to claim; and if not claimed within one year, the balance shall be deposited in the animal control fund. Upon the sale being made, the City shall make and deliver its bill of sale, without warranty, conveying the animal to the buyer.
d. No impounded animal may be released from the animal shelter into the custody of its owner unless the owner has:
1. Satisfied the requirements of the Animal Control Officer as outlined in the animal shelter’s Animal Control Policy;
2. For a dog, either produced evidence satisfactory to the Animal Control Officer that the dog has a current rabies vaccination, or paid the fee for a 30-day rabies vaccination voucher under HCC 20.16.030. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.030 Animals on harbor floats.
No person may bring, keep, or maintain an animal on the floats of the Homer small boat harbor, unless the animal is kept under physical confinement by leash or chain at all times. The person in control of the animal shall be responsible for cleaning and removing the animal’s waste from the harbor floats. The City will charge the person in control of the animal the amount listed in the City of Homer Fee Schedule for cleaning and removing any animal waste that the person fails to clean and remove. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.040 Nuisance animals.
a. No person may cause or permit an animal that the person owns or controls to:
1. Annoy another person by interfering with the latter’s sleep, work or reasonable right to peace and privacy by making repeated or continued noise;
2. Defecate, dig upon or injure private property owned by another person or a public street or alley, or other public property;
3. Frequently or habitually growl, snap at, jump upon or otherwise menace, injure or frighten another person who is not trespassing or otherwise violating the law.
b. The Animal Control Officer may impound an animal that is engaging in behavior described in subsection (a) of this section. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.050 Cruelty or injury to animals.
a. No person may intentionally injure, torment, poison, provoke, or otherwise abuse an animal, including without limitation through a violation of HCC 7.15.010, Transporting an animal.
b. No person may intentionally kill an animal by injury, torment, poison, suffocation, decompression or other forms of abuse of the animal.
c. No person may maintain an animal without providing food, water, and shelter adequate to preserve the animal’s health, or abandon an animal where it will not be provided proper food, water, shelter, and care.
d. No person may maintain an animal showing symptoms of infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care.
e. No person may cause an animal to fight another animal or human being, whether for amusement or financial gain; or train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being. No person may permit property that the person owns or controls to be used for any of the purposes described in this subsection.
f. No person may use a trap or snare within the City limits that can kill or injure a domestic animal except under the supervision of a State or Federal wildlife agency addressing a specific nuisance wildlife issue, and with prior notice to the Animal Control Officer of the name and contact information of each person who will be working the trap(s), and the type of trap(s) and the location of trap(s) being used.
g. Repealed by Ord. 23-48(A).
h. The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as safely possible and inform the owner of the animal of the accident and injury to the animal, if the animal’s ownership is readily ascertainable. If the owner of the animal is not readily ascertainable, the driver shall inform the Animal Control Officer or Police Department as quickly as reasonably possible of the accident and injury to the animal.
i. Notwithstanding any other provision of this section, the Animal Control Officer or a licensed veterinarian may humanely euthanize an animal that in that person’s opinion is so seriously ill or injured that medical treatment would needlessly prolong the animal’s suffering. If the animal bears identification of ownership, the Animal Control Officer or licensed veterinarian shall make reasonable effort to contact the owner of the animal before euthanizing the animal.
j. This section does not apply to: impounding, destruction, or other disposition of an animal in a humane manner as authorized by Homer City Code and/or Alaska Statutes; killing or injuring an animal where necessary to protect a human being or domesticated animal from death or bodily injury; or the humane destruction of an animal by its owner or the owner’s authorized agent. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.060 Boarding dogs at animal shelter.
Repealed by Ord. 23-48(A). [Ord. 16-38(S)(A) § 4, 2016].
20.08.070 Female animals in heat – Confinement required.
Every female animal in season shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female animal cannot come in contact with another animal except for planned breeding purposes. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.080 Abandonment of animals.
No person may intentionally abandon an animal including without limitation leaving the animal unattended outside of the animal shelter. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.090 Maintenance and sanitation.
A person who owns an animal shall maintain all structures, pens and yards where the animal is kept, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.100 Adoption of shelter animals.
To minimize the destruction of animals, the City shall make unclaimed animals and animals turned in to the animal shelter for disposal available for adoption by any adult person except as restricted herein. A fee may be collected for the adoption of each animal as listed in the City of Homer Fee Schedule. The Animal Control Officer may deny adoption of an animal to any person with a documented record of frequent violations of this title or a history of animal abuse, neglect, or housing animals in inhumane or unsanitary conditions. Frequent violation for purposes of this section shall mean three or more convictions in the last 24 months. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].
20.08.110 Disposal of animal at request of owner.
The animal shelter will accept an animal from its owner for disposal upon the owner’s execution of a written consent agreement holding the City harmless from liability for the destruction of the animal. Upon execution of the agreement, the animal becomes property of the City and at the City’s option may be disposed of by adoption or destruction in a humane manner. The City reserves the right to refuse to dispose of any animal. [Ord. 23-48(A) § 2, 2023; Ord. 16-38(S)(A) § 4, 2016].