CHAPTER 24.10: LICENSING
Section
24.10.010 Licensing; dogs and cats
24.10.020 Licensing; kennels and catteries
24.10.030 Licensing; updating information
24.10.040 Kennel and cattery requirements
24.10.050 Identification tags and microchip identification for dogs and cats
24.10.060 Licenses for kennels and catteries
24.10.080 Unexpired dog and kennel licenses
24.10.100 Kennel and cattery inspections
24.10.110 Written administrative orders
24.10.120 Licensing, tagging and tattooing implementation
24.10.130 Distribution of Title 24, Animal Care and Regulation
24.10.140 Reciprocal agreements
24.10.010 LICENSING; DOGS AND CATS.
(A) License required. Within the borough, no person shall own any dog or cat over the age of six months without licensing each dog or cat. A separate kennel or cattery license is required for each species type of five or more animals over the age of six months.
(B) License. Licensing of a dog or cat shall include the name and address of the owner and the name, breed, color, age, and sex of the dog or cat, whether the dog or cat is spayed or neutered, the expiration date of its rabies vaccination, rabies certificate number, and the location and description of any identification on the dog or cat.
(C) Immunization. The borough shall not license a dog or cat unless the dog or cat has been vaccinated with a state of Alaska approved rabies vaccine by a licensed veterinarian, or by a state of Alaska lay rabies vaccinator, and the period of immunization has not expired. Proof of immunization shall be a completed rabies vaccination certificate in the form required by the state of Alaska.
(1) If ownership of an animal is transferred and the animal has a current rabies immunization, proof of transfer of ownership or proof of the animal’s identification must be provided when licensing the animal.
(D) Expiration of dog and cat license. Dog and cat licenses expire as follows:
(1) For dogs and cats not microchipped in compliance with this chapter, the license expiration date is three years from the date of the issuance of the license.
(2) There is no license expiration date for dogs and cats tattooed or microchipped in compliance with this chapter after payment of appropriate licensing fees.
(E) [Repealed by Ord. 15-002, § 2 (part), 2015]
(F) Violation. Violation of subsection (A) of this section is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 03-065(AM), § 6, 2003; Ord. 94-120AM, § 20, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.020 LICENSING; KENNELS AND CATTERIES.
(A) License required. In addition to the requirements of MSB 24.10.010, no person shall own or operate a kennel or cattery or own five or more dogs or cats over the age of six months without licensing as a kennel or cattery operator for each location of a kennel or cattery. This section does not apply to the registration of sled dogs if there is a current mushing facility license as per MSB 24.07 in place for the facility at issue. A separate kennel or cattery license is required for each species type of five or more animals over the age of six months. Dual licensing shall be made available to persons owning both a kennel and a cattery. Only one licensing fee will be required if applying for both licenses simultaneously.
(B) License application.
(1) The application for a kennel or cattery license shall state the name and address of the owner, the name and address of the operator, the kennel or cattery name, and the physical location of the kennel or cattery. A complete list of the dogs or cats by rabies certificate numbers shall be provided. Rabies certificates must be current for the application to be considered complete and prior to review. Said list shall be maintained by the owner with current information and must be immediately made available upon request by an animal care and regulation officer.
(2) A kennel or cattery license application shall not be processed by the borough within 12 months of the denial of a kennel or cattery license for the same kennel or cattery.
(C) [Repealed by Ord. 15-002, § 2 (part), 2015]
(D) [Repealed by Ord. 15-002, § 2 (part), 2015]
(E) [Repealed by Ord. 15-002, § 2 (part), 2015]
(F) [Repealed by Ord. 15-002, § 2 (part), 2015]
(G) Issuance. Determinations regarding issuance of kennel or cattery licenses are made by the chief animal care and regulation officer.
(1) A kennel or cattery license may be issued only upon the chief animal care and regulation officer finding the following:
(a) the owner has provided an emergency evacuation plan which addresses the safe and orderly evacuation of the animals in the event of a natural disaster including, but not limited to, fire or flood; and
(b) that the owner has demonstrated that the owner will provide for the animals in a sanitary, safe, and humane manner in compliance with the requirements of this title, particularly MSB 24.10.040; and
(c) that the owner has paid all required fees.
(2) In making the determinations required by subsection (G)(1) of this section, the chief animal care and regulation officer may consider any relevant factors including, but not limited to, the following:
(a) prior convictions for cruelty to animals or failure to provide humane animal care in any jurisdiction at any time; and
(b) prior violations of this title within the past five years; and
(c) unpaid animal licensing fees or unpaid fines for violations of this title.
(H) Relicensing. If there are any changes in ownership or location of the kennel or cattery, the kennel or cattery shall be relicensed.
(I) Expiration of kennel and cattery licenses. Licenses shall be valid for a period of three years.
(J) Revocation. The chief animal care and regulation officer may immediately revoke the license of a kennel or cattery for good cause including, but not limited to:
(1) a conviction of the owner for cruelty to animals in violation of MSB 24.05.090 or AS 11.61.140; or
(2) a conviction of failure to provide humane animal care in violation of MSB 24.05.080; or
(3) evidence that the owner is failing to provide for the animals in a sanitary, safe, and humane manner in violation of the requirements of this title.
(Ord. 15-002, § 2 (part), 2015: Ord. 14-150, § 6, 2014; Ord. 03-065(AM), § 7, 2003; Ord. 94-120AM, § 21, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.030 LICENSING; UPDATING INFORMATION.
It is the responsibility of every dog or cat owner and kennel or cattery operator to update and provide the borough with current license information regarding the items set forth in MSB 24.10.010(B) and MSB 24.10.020(B). Violation of this provision is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 92-013(sub1), § 3 (part), 1992)
24.10.040 KENNEL AND CATTERY REQUIREMENTS.
(A) No kennel or cattery shall be maintained or operated in a manner which is an annoyance.
(B) All kennel or cattery facilities shall meet the following requirements:
(1) shelter which provides adequate air and ventilation and which shall prevent the dogs or cats from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions, or wet and uncomfortable conditions which may endanger the health or welfare of the dog or cat; and
(2) the dogs or cats shall be physically restrained or confined within the premises of the kennel or cattery; and
(3) the premises shall be free from parasites, waste, filth, or other elements in amounts which would endanger the health or welfare of the dogs or cats; and
(4) sufficient amounts of wholesome and nutritious food and fresh water shall be provided to keep the dogs or cats in healthy physical condition; and
(5) the kennel or cattery shall be operated upon property or contiguous parcels currently occupied by the owner or custodian, and must include a dwelling in which the owner or custodian resides while the animals are retained on the property. There shall be a rebuttable presumption that the property is unoccupied in violation of borough code if there is no such dwelling present, or where there is a dwelling, when, after the property is posted as described below, the owner or custodian fails to contact the borough within 24 hours of the property being posted. Posting shall be done in two reasonably conspicuous locations, one of which shall be at the main entrance of the dwelling located on the property. The notice shall include the date and time of the posting, phone number and person to be contacted, and state that contact shall be made within 24 hours of the notice having been posted; and
(6) adequate equipment and resources shall be available to implement the emergency evacuation plans set forth in MSB 24.10.020(G)(1) in a timely and effective manner. The plan shall be kept current, and updated as necessary. The updated plans shall be submitted to the borough, and shall also be posted at the kennel or cattery in a prominent visible location.
(C) Violation of subsection (B) of this section is an infraction.
(Ord. 15-002, § 2 (part), 2015: Ord. 10-066, § 2, 2010; Ord. 94-120AM, § 22, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.050 IDENTIFICATION TAGS AND MICROCHIP IDENTIFICATION FOR DOGS AND CATS.
(A) Identification tags. Each licensed dog and cat shall be issued a tag with an identification number and telephone number of the animal care and regulation office.
(B) Tag placement. The identification tag shall be securely fastened to the dog’s or cat’s choke chain, collar, or harness, which shall be worn at all times when the dog or cat is off the owner’s property, except when a dog or cat is in competition, training, in use as a police dog by law enforcement personnel, or while performing recognized sporting activities, including, but not limited to, dog mushing.
(C) Microchip identification. The dog or cat owner may have the dog or cat inserted with a microchip identification approved and inserted by the borough with the borough identification number. The microchip identification shall be inserted in a location specified by the chief animal care and regulation officer. Animals microchipped by the borough shall have lifetime licensing, as long as rabies vaccinations are maintained as current. If rabies vaccinations lapse, lifetime licensing is forfeited and the animal must be relicensed.
(D) Performance of license tattoos. A tattoo or microchip implant may be performed in a place other than the borough animal care and regulation shelter by someone other than a borough animal care and regulation officer, at the owner’s expense, if the owner notifies the borough of the identification number and the location of the tattoo or microchip.
(E) [Repealed by Ord. 03-065(AM), § 9, 2003]
(Ord. 15-002, § 2 (part), 2015: Ord. 03-065(AM), §§ 8, 9, 2003; Ord. 01-120, § 4, 2001; Ord. 94-120AM, § 23, 1994; Ord. 93-147AM, § 2, 1993; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.060 LICENSES FOR KENNELS AND CATTERIES.
Each licensed kennel or cattery shall be issued a license with a borough identification number.
(Ord. 15-002, § 2 (part), 2015: Ord. 92-013(sub1), § 3 (part), 1992)
24.10.070 FEES.
(A) License fees:
(1) The license fee for a dog or cat shall be set by assembly resolution if the animal is spayed or neutered. For animals that are not spayed or neutered the license fee shall be set by assembly resolution. The license tag shall remain current for three years. If the animal is spayed or neutered and microchipped, the lifetime licensing fee shall be set by assembly resolution. For animals that are microchipped but are not spayed or neutered the lifetime licensing fee shall be set by assembly resolution.
(2) The licensing fee for an animal that is newly adopted from the animal care and regulation shelter shall be set by assembly resolution. The license tag shall be current for the life of the animal since the animal is microchipped before leaving the shelter.
(3) To license five or more dogs or five or more cats housed in the same location, a kennel or cattery license is required. The fee for licensing of the kennel or cattery shall be set by assembly resolution. There is no charge for licensing each animal listed under a kennel or cattery license. The kennel or cattery license shall last for three years.
(Ord. 16-074, § 3, 2016; Ord. 15-002, § 2 (part), 2015: Ord. 05-072, § 2, 2005; Ord. 04-182(AM), § 2, 2004; Ord. 94-120AM, § 24, 1994; Ord. 93-147AM, §§ 3 and 4, 1993; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.080 UNEXPIRED DOG AND KENNEL LICENSES.
Dog and kennel licenses issued under prior borough law shall be valid until the license has expired at which time relicensing requirements shall become effective for those dogs and kennels. Lifetime licenses shall expire if rabies vaccinations lapse. Licenses are not transferable to new owners.
(Ord. 15-002, § 2 (part), 2015: Ord. 94-120AM, § 25, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.090 EXEMPTIONS.
(A) The licensing requirements for dogs and cats under this chapter do not apply to any dog or cat listed in a licensed cattery or kennel, or a dog or cat kept within the borough for less than 30 calendar days. All such dogs and cats are subject to all other provisions of this title. This subsection does not allow a 30-day grace period for compliance with licensing requirements for dog and cat owners within the borough. This subsection is an exemption only for dogs and cats kept by a licensed kennel or cattery or temporarily within the boundaries of the borough.
(B) The Humane Society shelters, Society for the Prevention of Cruelty to Animals shelters, and hospitals and clinics operated by licensed veterinarians for the care and treatment of animals are exempted from the dog, cat, kennel, and cattery licensing requirements set forth in MSB 24.10.010 and 24.10.020. However, the shelters, hospitals, and clinics are subject to all other requirements of this title.
(Ord. 15-002, § 2 (part), 2015: Ord. 94-120AM, § 26, 1994; Ord. 93-147AM, § 21, 1993; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.100 KENNEL AND CATTERY INSPECTIONS.
(A) The chief animal care and regulation officer may inspect a kennel or cattery that has applied for a license under MSB 24.10.020, or may set forth rules in the Matanuska-Susitna Borough “Animal Care and Regulation Policies and Procedures” manual to ensure compliance with MSB 24.10.040, prior to the issuance of a kennel or cattery license. Any inspection performed under this section shall require the owner be given reasonable notice prior to the inspection time and date.
(B) It is within the discretion of the chief animal care and regulation officer to order the inspection of any existing kennel or cattery with reasonable notice to the owner.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 6, 2001; Ord. 94-120AM, § 27, 1994; Ord. 93-147AM, § 6, 1993; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.110 WRITTEN ADMINISTRATIVE ORDERS.
(A) If, upon the inspection of a kennel or cattery, the kennel or cattery does not meet the requirements of MSB 24.10.040, the chief animal care and regulation officer may issue a written administrative order to the kennel or cattery owner setting forth the conditions the kennel or cattery owner shall meet in order to be in conformance with MSB 24.10.040.
(B) The kennel or cattery owner shall be granted a reasonable length of time of no more than 30 calendar days within which to remedy any deficiencies found.
(C) If, upon a second inspection after the time granted in the written administrative order, the kennel or cattery is still in violation, the chief animal care and regulation officer may revoke any license.
(D) Each day a kennel or cattery owner operates the kennel or cattery without a license constitutes a separate violation for operating a kennel or cattery without license.
(E) Violation of the written administrative order under this provision is an infraction.
(F) Notwithstanding subsections (B) and (C) of this section, the chief animal care and regulation officer may immediately order the closing of a kennel or cattery and the impoundment of all animals if conditions of the kennel or cattery pose an imminent risk to the health and safety of the animals or to the public.
(Ord. 15-002, § 2 (part), 2015: Ord. 03-065(AM), § 10, 2003; Ord. 01-120, § 7, 2001; Ord. 94-120AM, § 28, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.120 LICENSING, TAGGING AND TATTOOING IMPLEMENTATION.
The chief animal care and regulation officer, at their discretion, may include in the Matanuska-Susitna Borough’s “Animal Care and Regulation Policies and Procedures” manual policies, regulations, and procedures to carry out the requirements of this chapter.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 8, 2001; Ord. 94-120AM, § 29, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.130 DISTRIBUTION OF TITLE 24, ANIMAL CARE AND REGULATION.
Every owner licensing a dog or a cat, or a kennel or a cattery, shall be furnished a copy of Title 24: Animal Care and Regulation, and acknowledge in writing the receipt thereof.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 9, 2001; Ord. 92-013(sub1), § 3 (part), 1992)
24.10.140 RECIPROCAL AGREEMENTS.
The borough manager is authorized to enter into reciprocal agreements regarding animal licensing with a municipality within the borough. Under reciprocal licensing agreements, a license issued by either the borough or a city will be treated as valid by the nonissuing jurisdiction as long as the license would be valid in the issuing jurisdiction.
(Ord. 15-002, § 2 (part), 2015: Ord. 93-147AM, § 20, 1993)