CHAPTER 24.05: GENERAL PROVISIONS
Section
24.05.060 Animals in public places
24.05.070 Restraint of animals
24.05.105 Trapping prohibitions and restrictions
24.05.115 Accidents involving injury to animals
24.05.010 DEFINITIONS.
For the purposes of this title, the following definitions of terms used shall apply in all cases, unless otherwise stated:
• “Abandon an animal” means to leave an animal for an extended period of time without food, water, or shelter, or in conditions where the animal’s physical life, safety, or health is endangered. A rebuttable presumption of abandonment shall exist where an animal care and regulation officer receives no response in 24 hours after noticing the property where the animal is located.
• “Accidental bite” means a bite occurring under circumstances in which the animal was not acting aggressively.
• “Affirmative defense” means a defense to an alleged violation of borough code for which the burden is placed upon the defendant of establishing the defense by a preponderance of evidence.
• “Aggressive bite” means a bite that is accompanied by an attack.
• “Animal” means vertebrate domestic or domesticated members of the Animalia kingdom unless otherwise provided by this title.
• “Animal care and regulation office” means the agency having authority for enforcement of the animal care and regulation provisions of this title and of all animal shelters maintained at borough expense.
• “Animal care and regulation shelter” means any premises designated for the purpose of impounding and caring for animals impounded pursuant to this title.
• “Animal care manager” means the person appointed by the borough manager who has the responsibility for planning and directing animal care and regulation activities and through the chief animal care and regulation officer, enforcing the provisions of this title for the control of and care of animals within the borough.
• “Annoyance” means an actual unreasonable interference with the sleep, work, recreation, or reasonable right to peace, safety, or privacy of a person.
• “Attack” means an animal exhibiting overt aggressive behavior which may include, but is not limited to, snarling, baring teeth, chasing, growling, snapping, pouncing, or lunging.
• “Bite” means seizure of an animal or human with the teeth of an animal so that they puncture, tear, or grip.
• “Borough” means the Matanuska-Susitna Borough.
• “Cat” means a member of the genus and species Felis catus.
• “Cattery” means any premises used for breeding, buying, selling, keeping, or boarding five or more cats over the age of six months, whether for profit or not.
• “Chief animal care and regulation officer” means the person who has the responsibility for enforcing the provisions of this title governing the control of and care of animals within the borough, and who works under the supervision of the animal care manager.
• “Confine” means to keep an animal in a fence, pen, building, or other secure enclosure from which the animal cannot escape, and which keeps the animal from coming into contact with other animals or humans outside the area of confinement.
• “Control” means to simultaneously monitor, direct, and restrict an animal’s movements and activities.
• “Control by attachment” means that the animal is attached directly or indirectly to a person, or to an immovable object, with a harness or similar device and is controlled by means of a chain, leash, or similar item so that:
(1) when the animal is on private property, it cannot travel off the private property including onto any public easement on the property; or
(2) when the animal is attached to an immovable object on public property, it cannot be left unattended and its movements shall be limited to three feet from the object to which it is attached.
• “Control by command” means:
(1) the person exhibiting the voice control is present with the animal and monitors all of its activities;
(2) the person exhibiting the voice control is capable of directing all of the animal’s movements and activities by vocal commands; and
(3) the animal under voice control follows all of the vocal commands quickly and accurately.
• “Control by confinement” means to control an animal within any fully fenced pen, kennel, yard, or structure, which:
(1) prevents the exit of the confined animal on its own volition; or
(2) prevents the protrusion of the animal’s paws and teeth through the outer perimeter of the enclosure so as to stop the animal from physically injuring a person or another animal.
• “Control by harness” means to control an animal by a harness or other similar device attached directly or indirectly to a person or object.
• “Control by leash” means that a person, who is physically and mentally capable of monitoring, directing, and restricting the animal, controls the animal by means of a securely attached leash, chain, or other item, including an electronic collar.
• “Custodian” means a person entrusted by the owner with the full responsibility for an animal under this title.
• “Days” unless otherwise specified means calendar days.
• “Dog” means a member of the genus and species Canis familiaris, commonly known as domestic dog, but does not include other members of the family Canidae, such as a fox, coyote, wolf, or any other game species, the taking of which is regulated by the state.
• “Domesticated” means animals owned which are commonly or historically adapted to man’s use or pleasure.
• “Dwelling” means a building, operational vehicle, trailer, or other structure that is designed for use or is used as a person’s permanent or temporary home or place of lodging.
• “Ex parte” means a communication between a person and the animal care and regulation board, or a board member, regarding a matter pending before the board, when other parties are not present. This does not include communications with the animal care and regulation board clerk or the borough clerk’s office regarding procedural matters.
• “Identification” means a collar and tag, brand, tattoo, microchip, or other mark or means which makes ownership of the animal ascertainable.
• Intentionally. A person acts intentionally with respect to a result described by a provision of law defining an offense when the person’s conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person’s only objection.
• “Kennel” means any premises used for breeding, buying, selling, keeping, or boarding five or more dogs over the age of six months, whether for profit or not.
• Knowingly. A person acts knowingly with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with respect to that conduct or circumstance.
• “Livestock” includes, but is not limited to, domestic animals such as horses, cattle, sheep, goats, pigs, chickens, ducks, and other animals normally considered farm animals, whether kept for profit or not, as well as sled dogs housed at a licensed mushing facility, or sled dogs owned by the owner or licensee of a licensed mushing facility, whether kept for profit or not.
• “Mushing facility” means a facility in the borough where sled dogs are housed and maintained, which has been duly licensed by the borough as a mushing facility under MSB 24.07.040.
• “Neutered dog or cat” means any male dog or cat rendered incapable of reproduction by surgical operation.
• “Own” means to have, keep, possess, harbor, take care of, have custody of, or control over any animal for a period of 20 days.
• “Owner” means any person, group of persons, association, or corporation owning, keeping, taking care of, having custody of, having control over, or harboring any animal or animals for a period of 20 days or longer.
• “Physical injury” means an impairment of physical condition or pain that is accompanied by scrapes, cuts, punctures, or other evidence of similar injuries.
• “Provocation” means the teasing, tormenting, abusing, or assaulting of an animal to incite the animal to bite, attack, or cause an annoyance.
• Recklessly. A person acts recklessly with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of, and consciously disregards, a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had that person not been intoxicated acts recklessly with respect to that risk.
• “Restraint” means:
(1) actual physical control such as a leash, harness, chain, tether, fence, or building; or
(2) competent voice control while actively engaged in an organized activity, which requires that an animal not be physically restrained, or in a form of recognized hunting which requires the use of an animal such as a retriever, or while actively mushing with or training sled dogs originating from a currently licensed mushing facility; or
(3) the condition of an animal when on the property of its owner, in visual contact with the owner, and obedient to the owner’s command; or
(4) dogs harnessed and attached to a gangline in a dog team.
• “Running-at-large” means an animal is not under restraint.
• “Sanitary” means free from parasites, waste, filth, or other elements in amounts which would endanger the health or welfare of an animal.
• “Secure enclosure” means any fully enclosed fenced pen, kennel, yard, or structure, which must include a roof, walls, and a floor, or buried wall footing. Approval for a secure enclosure shall be obtained from the chief animal care and regulation officer. The secure enclosure shall:
(1) be located so as not to interfere with public access to the owner’s or custodian’s property; and
(2) prevent:
(a) the accidental release of any animal confined in the enclosure;
(b) the confined animal from leaving the enclosure by its own efforts;
(c) unauthorized persons from gaining entry to the enclosure;
(d) the entry into such enclosure by any animal other than the confined animal; and
(e) the confined animal from biting or clawing a person or animal through the enclosure.
• “Serious physical injury” means any physical injury which creates a risk of death, causes serious disfigurement, causes impairment of health, causes impairment of any bodily organ, or causes the loss or impairment of any bodily function.
• “Sled dog” means a member of the genus and species Canis familiaris that is domesticated, owned, and used to pull a sled or vehicle under the control of a musher, and that is owned and cared for by a licensed mushing facility as per MSB 24.07.
• “Spayed dog or cat” means any female which has had a surgical ovario-hysterectomy to prevent conception.
• “Tether” means to restrain an animal by a chain or cable line which is attached to a fixed object.
• “Trap” means any device designed or used to capture or hold an animal and that operates without direct human control. This includes any device for catching and holding wild or domesticated animals including, but not limited to, snares, nets, pitfalls, or clamp-like devices that spring shut suddenly.
• “Trapping” means the placing or setting of a trap. It does not include the possession or transportation of traps.
• “Victim” means a human who is placed in fear, physically injured, or killed by an animal.
• “Victim animal” means an animal which is physically injured or killed by an animal.
• “Wild” refers to a type of animal which generally lives in its original and natural state and is not domesticated, or animals which are classified as wild under state law.
(Ord. 17-021, § 2, 2017; Ord. 15-002, § 2 (part), 2015: Ord. 14-150, § 3, 2014; Ord. 10-066, § 3, 2010; Ord. 06-097, § 2, 2006; Ord. 04-103, § 2, 2004; Ord. 03-154(AM), § 2, 2003; Ord. 03-065(AM), §§ 2, 3, 4, 2003; Ord. 01-120, § 2, 2001; Ord. 94-120AM, §§ 3—10, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.020 JURISDICTION.
(A) The borough generally has jurisdiction only over domestic and domesticated animals. Except for purposes of enforcing MSB 2.85.020, 19.12.015, and 24.05.105, the borough does not have jurisdiction over the following animals:
(1) wild animals; and
(2) game animals, the taking or possession of which is regulated by the state or federal government.
(Ord. 17-021, § 3, 2017: Ord. 15-002, § 2 (part), 2015: Ord. 94-120AM, § 11, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.030 ANIMAL ANNOYANCE.
(A) It is unlawful for any animal owner to allow an animal to annoy any person. Violation of this provision is an infraction.
(B) A person who holds a current mushing facility license as per MSB 24.07, as well as persons who are handlers for, employees of, or agents of a specific licensed mushing facility, are exempt from subsection (A) of this section in regard to sled dogs housed at or originating from that mushing facility. Outside of the premises of the mushing facility the exemption only applies when sled dogs are actively engaged in mushing activity.
(C) It shall be an affirmative defense that the defendant was already operating an established farm or registered kennel before the complainant(s) moved into the neighborhood, if that farm or registered kennel is the cause of the complaint.
(D) It shall be an affirmative defense that a person provoked the animal and that the provocation caused the animal to commit the annoyance.
(Ord. 15-002, § 2 (part), 2015: Ord. 14-150, § 4, 2014: Ord. 94-120AM, § 12, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.040 SANITARY ENCLOSURES.
It is unlawful for any person to own any animal unless all structures, pens and yards, and areas in which the animal is kept, are maintained in a sanitary condition. Violation of this provision is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 94-120AM, § 12, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.050 DISEASED ANIMALS.
It is unlawful to own any animal infected with a contagious or pestilential disease, except when the animal is confined and isolated from other animals or under the care of a licensed veterinarian. Violation of this provision is an infraction.
(Ord. 15-002, § 2 (part), 2015: IM 95-006, pg. 3, presented 3-7-95; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.060 ANIMALS IN PUBLIC PLACES.
(A) It is unlawful to tie, stake, or fasten any animal within any highway, street, alley, or public place within the borough, or so that the animal has access to any portion of any highway, street, alley, or public place therein; provided, that the manager may make exceptions in the case of an organized animal activity and similar temporary sporting or festive events. Violation of this provision is an infraction.
(B) A person who holds a current mushing facility license as per MSB 24.07, as well as persons who are handlers for, employees of, or agents of a specific licensed mushing facility, are exempt from the provisions of this section in regard to sled dogs originating from that mushing facility when actively engaged in mushing activity.
(Ord. 15-002, § 2 (part), 2015: Ord. 14-150, § 5, 2014: Ord. 94-120AM, § 14, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.070 RESTRAINT OF ANIMALS.
(A) All animals shall be continuously under restraint.
(B) Livestock animals which are generally kept in a herd, flock, or other grouping are subject to a single failure-to-restrain violation for the group.
(C) No person shall release, without permission of the owner, any animal from restraint, except to preserve the animal’s life.
(D) Violation of any provision of this section is an infraction.
(E) No person shall have an animal within, on, or attached to a motor vehicle under conditions that may endanger the health, safety, or welfare of the animal. An animal carried in the bed of a truck or in any open vehicle shall be crated or restrained so it cannot fall, jump, or reach out from the vehicle.
(Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 3, 2004; Ord. 94-120AM, § 15, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.080 HUMANE ANIMAL CARE.
(A) Humane animal care includes, but is not limited to, providing:
(1) sufficient wholesome and nutritious food daily which will keep the animal in healthy physical condition;
(2) sufficient daily quantities of fresh water which meet the hydration requirements for the animal;
(3) adequate shelter and freedom of movement which provides adequate air, ventilation, and space which prevents the animal from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions, and dirty, wet, and uncomfortable conditions which may endanger the health or welfare of the animal; and
(4) veterinary care when needed to treat the animal for sickness, disease, injury, or to prevent suffering of the animal.
(B) No owner shall fail to provide humane animal care or place an animal in a situation where the animal’s life, safety, or health is endangered.
(1) A rebuttable presumption of a violation shall exist where the animal is separated from basic needs such as food, water, shelter, or necessary medical attention or is placed in a situation where the animal’s life, safety, and health are endangered and the regulation office receives no response in 24 hours after providing notice to the owner of the situation or posting notice at the property where the animal is located.
(C) Failure to provide humane care to animals is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 08-013(AM), § 2, 2008: Ord. 05-165, § 2, 2005: Ord. 03-065(AM), § 1, 2003; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.090 CRUELTY TO ANIMALS.
(A) No person shall intentionally or recklessly injure or kill an animal unless:
(1) the act committed is done humanely in conformity with applicable federal, state, or borough law;
(2) the act is necessary to defend a human being or an animal from immediate attack.
(B) No person shall intentionally or recklessly kill, wound, injure, torment, poison, provoke, cause to suffer, abandon, or otherwise abuse or unnecessarily overwork an animal, or procure, or attempt any such acts.
(C) [Repealed by Ord. 08-013(AM), § 3, 2008]
(D) No person shall intentionally, recklessly, or negligently throw or deposit any poisonous substance on any exposed public or private place where an animal could reasonably be expected to ingest the substance; provided, that it shall not be unlawful for a person to place common rat poison on the person’s own property.
(E) No person shall:
(1) cause or encourage an animal to fight with another animal or human being for sport, training, entertainment, or for financial gain; or
(2) own, possess, train, or keep for the purpose of training an animal with the intent that it be engaged in an exhibition of fighting with an animal or human being; or
(3) permit their premises to be used for any animal fighting exhibition or be present as a spectator at any animal fighting exhibition; or
(4) attend, or have a pecuniary interest in, an exhibition of a fighting animal, or knowingly instigate or promote such an exhibition.
(F) [Repealed by Ord. 15-002, § 2 (part), 2015]
(G) [Repealed by Ord. 15-002, § 2 (part), 2015]
(H) [Repealed by Ord. 15-002, § 2 (part), 2015]
(I) No person shall intentionally, recklessly, or negligently fail to provide that person’s animal with adequate food, water, shelter, or veterinary care to prevent physical suffering or causing severe dehydration, or the animal to be substantially underweight.
(J) It is an affirmative defense to a prosecution under this section if the act committed was done humanely in conformity with applicable federal, state, or borough law, and the conduct of the person:
(1) was necessarily incident to lawful hunting or trapping activities; or
(2) was in accordance with accepted veterinary practice; or
(3) was in accordance with accepted farming or animal husbandry practices, which for this purpose are those approved and/or practiced by the majority of the members of the local farm bureau; or
(4) was the humane destruction of a person’s own animal; or
(5) was the humane destruction of an animal by an animal control officer or state or local peace officer in accordance with this title; or
(6) was the humane destruction of an animal in extreme pain due to illness or injury; or
(7) was immediately necessary to defend the person, the person’s animal, or another person, except that this defense does not apply to a person who injures an animal but does not make a reasonable effort to either track and dispatch the injured animal, seek veterinary care for the injured animal, notify the injured animal’s owner, or notify the borough animal control office.
(Ord. 15-002, § 2 (part), 2015: Ord. 09-010, §§ 2, 3, 2009; Ord. 08-013(AM), § 3, 2008: Ord. 94-120AM, § 16, 1994; Ord. 92-109AM(sub), § 2, 1992; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.100 PROTECTIVE CUSTODY.
(A) The chief animal care and regulation officer may authorize taking an animal into borough protective custody when necessary to preserve the animal’s health or safety including but not limited to circumstances where the animal is:
(1) not humanely cared for by the owner;
(2) being cruelly treated by any person; or
(3) [Repealed by Ord. 15-002, § 2 (part), 2015]
(4) abandoned by the owner.
(B) All animals taken into protective custody shall be examined by a licensed veterinarian to determine the animal’s physical condition.
(C) The chief animal care and regulation officer may release an animal taken into protective custody to the owner and, if necessary, upon conditions in a written release order.
(1) If an owner refuses to redeem an animal under the conditions of a written release order or violates the conditions of a written release order, the animal is subject to forfeiture to the borough upon a hearing before the office of administrative hearings.
(2) The owner may appeal the forfeiture to the office of administrative hearings as set forth in MSB 2.29.090.
(D) A person whose animal is taken into protective custody shall be responsible for all reasonably incurred fees, costs, and expenses, including, but not limited to, impoundment fees and veterinary costs associated with the borough’s custody, care, or maintenance of the animal. Violation of this provision is an infraction.
(E) The animal care manager may, for good cause, waive a portion of the fees, expenses, or costs and may enter into a payment schedule agreement with an owner.
(F) Animals taken into protective custody under this section shall remain in protective custody at the discretion of the chief animal care and regulation officer until:
(1) forfeited to the borough pursuant to MSB 24.40.030; or
(2) the animal is returned to its owner upon a written finding that the animal may be safely returned. If the animal is returned to the owner, it shall be subject to a written release order specifying conditions for caring for the animal.
(G) The chief animal care and regulation officer may authorize temporary placement of animals taken into borough protective custody into approved foster homes subject to a written agreement on care and protection of the animal.
(H) Upon recommendation of the chief animal care and regulation officer, an animal in borough protective custody may be forfeited pursuant to MSB 24.40.030.
(I) Violation of one or more terms of a protective custody written release order is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 4, 2004; Ord. 01-120, § 3, 2001; Ord. 94-120AM, §§ 17, 18, 1994; Ord. 92-013 (sub1), § 3 (part), 1992)
24.05.105 TRAPPING PROHIBITIONS AND RESTRICTIONS.
(A) Except as provided in MSB 24.05.110, no person may engage in trapping, attempting to trap, or aiding and abetting any person in trapping any wild or domesticated animal:
(1) On the following borough-owned recreation lands including the Crevasse Moraine system, Lazy Mountain Recreation Area, Matanuska River Park, Alcantra Athletic Complex, West Bodenburg Butte, and Jordan Lake Park there shall be no trapping unless they are performing an educational demonstration, pursuant to a borough-issued permit, and the traps are removed at the end of the day the presentation began.
(2) On any part of public school property owned by the borough, unless they are performing an educational demonstration pursuant to written permission from the school administration, and the traps are removed at the end of the day the presentation began.
(B) The borough will prepare and keep current a map showing areas where trapping is not allowed pursuant to this section. A copy of the map shall be provided to any person upon request.
(C) The Alaska Department of Fish and Game, Alaska Department of Public Safety, United States Fish and Wildlife Service, or their authorized agents or designees may trap animals within the area in which trapping is expressly prohibited by this chapter.
(D) This section shall not apply to property owned by other entities. This section shall not apply to the trapping or capturing of rats, mice, shrews, or similar vermin. This section shall not apply to the possession or transportation of traps.
(E) Violation of this section shall be punishable as set forth in MSB 24.40.
(Ord. 17-021, § 4, 2017)
24.05.110 LIVE ANIMAL TRAPS.
(A) Intentional capture of domestic and domesticated animals by trap is prohibited, unless a borough-authorized live animal trap is used.
(B) A person who is issued a borough-authorized live animal trap for the purposes of capture and control of unrestrained domestic and domesticated animals shall check the trap at least twice every 12 hours to determine whether an animal has been trapped.
(C) A person shall provide humane animal care for any animal captured.
(D) A person shall release the animal without unreasonable delay to the animal care and regulation office or an animal care and regulation officer or the owner, as set forth in subsection (E) of this section.
(E) No person shall release an animal caught in the live animal trap to anyone other than an animal care and regulation officer or to an owner without first receiving permission from the animal care and regulation office.
(F) Violation of any provision of this section is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 3, 2001; Ord. 94-120AM, § 19, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.05.115 ACCIDENTS INVOLVING INJURY TO ANIMALS.
(A) It is unlawful for the driver of any motorized vehicle involved in an accident that injures a domestic animal to fail to stop the vehicle and check on the condition of the animal if it is reasonably safe to do so.
(B) The driver involved in such an accident must inform a peace officer or the animal care and regulation office of the injury, the time and location of the accident, the description of the injured animal, and the apparent nature of the injury.
(C) It shall be an affirmative defense that the driver obtained veterinary care for the animal or that the driver returned the animal to the owner.
(D) Violation of this section is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 15-002, § 2 (part), 2015)
24.05.120 SEVERABILITY.
Should any provision of this title or its application be held invalid, the remainder of its provisions shall not be affected.
(Ord. 15-002, § 2 (part), 2015: Ord. 92-013(sub1), § 3 (part), 1992)