Chapter 20.08
GENERAL ANIMAL REGULATIONS

Sections:

20.08.010    Animals at large.

20.08.020    Impoundment procedures.

20.08.030    Animals on harbor floats.

20.08.040    Nuisance animals.

20.08.050    Cruelty or injury to animals.

20.08.060    Boarding dogs at animal shelter.

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 or a peace 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 or a peace officer may capture or 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.

e. Except as provided in subsections (f) and (g) of this section, the penalty for a violation of subsection (a) or (b) of this section, with zero, one, or two prior convictions, is the fine listed in the fine schedule in HCC 20.32.020.

f. Except as provided in subsection (g) of this section, a violation of subsection (a) or (b) of this section with three or more prior convictions shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $100.00.

g. A violation of subsection (a) of this section where the animal is a large animal, as defined in HCC 20.04.020, with one or more prior convictions shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $100.00. [Ord. 18-11 § 20, 2018; Ord. 16-38(S)(A) § 4, 2016].

20.08.020 Impoundment procedures.

a. The Animal Control Officer or a peace officer may capture and impound an animal that is at large in violation of HCC 2.08.010(a). The Animal Control Officer or a peace 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 or peace 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, and there confined in a humane manner for the applicable minimum period under subsection (d) of this section unless sooner claimed by the owner, and if not claimed by the owner thereafter may be, at the discretion of the Animal Control Officer, offered to the public adoption or in the case of a large animal sold at public auction with public notice in the manner provided for the sale at execution of personal property in AS 09.35.140, or destroyed in a humane manner.

d. The minimum period for which an impounded animal shall be held at the animal shelter shall be:

1. For a dog that is impounded while wearing a City license, five days.

2. For any other animal, three days.

e. No impounded animal may be released from the animal shelter into the custody of its owner unless the owner has:

1. Paid all impoundment and boarding fees, and the cost of any veterinary treatment provided to the animal while impounded;

2. For a dog owned by a City resident that was impounded while not wearing a City dog license, either produced evidence satisfactory to the Animal Control Officer that a current City dog license has been issued for the dog, or if the dog is unlicensed paid the fee for a City dog license for the dog; and

3. 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. 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 for labor (minimum of one-half hour) required for cleaning and removing any animal waste that the person fails to clean and remove. [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; or

4. Chase, harass, or otherwise disturb or injure wildlife.

b. The Animal Control Officer or a peace officer may impound an animal that is engaging in behavior described in subsection (a) of this section. A person may restrain an animal from continuing to engage in behavior described in subsection (a)(4) of this section, and shall promptly surrender any animal so restrained to the Animal Control Officer for impoundment.

c. A violation of subsection (a) of this section with three or more prior convictions shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $100.00. [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. No person may cause or permit an animal that the person owns or controls to molest or harass wild or domesticated animals.

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, a peace 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; provided, that if the animal bears identification of ownership, the Animal Control Officer, law enforcement officer or licensed veterinarian first shall make a reasonable effort to inform the owner of the animal’s condition and obtain the owner’s consent to 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 law; 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.

k. A violation of subsections (a) through (h) of this section shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $300.00. [Ord. 16-38(S)(A) § 4, 2016].

20.08.060 Boarding dogs at animal shelter.

The Homer Animal Shelter may accept a dog for boarding if the following requirements are met:

a. The owner and dog must reside inside the City.

b. The owner pays boarding fees in advance for a maximum of 10 days. The owner shall pay double the standard boarding fees for any time from the end of the time for which boarding fees were paid in advance until the owner claims the dog from the animal shelter.

c. The owner provides proof from a veterinarian that the dog has current vaccinations for rabies, parvo, distemper and Bordetella (kennel cough).

d. The owner exhibits proof that the dog has a current City dog license.

e. The owner reserves boarding space 24 hours in advance of the desired boarding time, and at the time of reservation space to board the dog will be available. The animal shelter will not board more than four dogs at a time.

f. The animal shelter may deny boarding to a dog that it determines to be sick, injured, vicious, or in heat.

g. Before the boarding time begins, the owner of the dog executes a boarding agreement including all the requirements in this section and an agreement to hold the Homer Animal Shelter and the City harmless and waive liability claims against the Homer Animal Shelter and the City.

h. All boarding costs shall be paid in full before the dog is released to its owner or designee.

i. The Homer Animal Shelter will not board dogs if any licensed private commercial boarding kennel is operating within the City and that facility has space available for animal boarding. [Ord. 16-38(S)(A) § 4, 2016].

20.08.070 Female animals in heat – Confinement required.

Every female dog or cat 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 dog or cat cannot come in contact with another dog or cat except for planned breeding purposes. [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. 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. 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. The City may collect a fee for the adoption of each animal. 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. 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. 16-38(S)(A) § 4, 2016].