CHAPTER 24.15: IMPOUNDMENT, ADOPTION, AND EUTHANASIA OF ANIMALS

Section

24.15.010    Impoundment procedure

24.15.020    Redemption of impounded animals

24.15.030    Fees

24.15.040    Livestock auction

24.15.050    Adoption

24.15.060    Voluntary release

24.15.070    Microchip insertion; impounded dogs and cats

24.15.080    Euthanasia

24.15.010 IMPOUNDMENT PROCEDURE.

(A)    Animals running-at-large. Animals found running-at-large are subject to impoundment by a borough animal care and regulation officer. Animals running-at-large without identification shall be impounded at the animal care and regulation shelter for a period of not less than 72 hours, unless sooner claimed by the owner. Animals with identification which are found running-at-large in the borough shall be impounded for not less than 120 hours, unless sooner claimed by the owner. Animals not claimed by the owner within the mandatory minimum impoundment period may be forfeited pursuant to MSB 24.40.030.

(B)    Pursuit of animals running-at-large. An animal care and regulation officer shall not pursue an animal running-at-large onto property posted in accordance with AS 11.46.350(c) or onto property where the property owner expressly refuses access to the animal care and regulation officer. An animal care and regulation officer may enter the animal owner’s property to issue a citation. An animal care and regulation officer may enter onto private property not posted under AS 11.46.350(c) if pursuit of an animal is necessary to protect the public or the health or safety of the animal.

(C)    If an animal is provided to the borough by a law enforcement officer or other individual or is obtained by the borough, and if the borough receives information that the animal’s owner is unavailable due to circumstances including fire, arrest, or hospitalization, the animal shall be impounded for a minimum of 15 business days unless reclaimed earlier by the owner.

(D)    Notification. The animal care and regulation office shall make reasonable efforts to notify the owner of an impoundment and the conditions under which the owner may retain custody of the animal.

(E)    Level 5 classified animals. All animals recommended to be classified as Level 5 shall be impounded whenever possible and held at the animal care and regulation shelter. If the owner of a Level 5 classified animal is located within the holding period set forth in subsection (A) of this section, and chooses not to surrender the animal, a hearing will be set before the animal care and regulation board pursuant to MSB 24.30 to adjudicate the animal as a Level 5 classification.

(F)    Removal of animals from the animal care and regulation shelter. It is a violation of this chapter for any person to remove any impounded animal from the custody and control of the borough without the consent of the animal care manager.

(G)    The animal care and regulation office shall maintain records of impounded animals. The information shall include, but not be limited to:

(1)    a description of the animal;

(2)    the location where the animal was impounded or found, if known;

(3)    information found on the animal’s collar, identification, or license tag, rabies tag, tattoo, or microchip number; and

(4)    the disposition of the animal.

(Ord. 15-002, § 2 (part), 2015: Ord. 04-103, § 5, 2004; Ord. 03-154(AM), § 3, 2003; Ord. 01-120, § 10, 2001; Ord. 94-120AM, § 30, 1994; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.020 REDEMPTION OF IMPOUNDED ANIMALS.

(A)    The owner is entitled to reclaim possession of an impounded animal, unless otherwise provided by this title, upon the owner’s compliance with the applicable registration and microchipping requirements, and the payment of fees and expenses set forth in this title.

(B)    The borough may, for good cause, enter into a conditional release agreement with an owner of an animal impounded.

(Ord. 15-002, § 2 (part), 2015: Ord. 03-065(AM), § 11, 2003; Ord. 01-120, § 11, 2001; Ord. 94-120AM, § 31, 1994; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.030 FEES.

(A)    The assembly shall by resolution adopt impoundment fees and costs to be charged by the animal care and regulation division.

(B)    Payment of impoundment fees for an animal running-at-large shall not exceed $500 per animal for each incident of impoundment.

(C)    The owner of an impounded animal shall be responsible for expenses and costs in addition to the impoundment and boarding fees reasonably incurred by the borough for care and maintenance of the animal.

(D)    The animal may not be returned to the owner unless and until fees are paid. If the fees are not paid within 120 hours of notice of impoundment to the owner, the animal shall be subject to the adoption and euthanasia provisions of this title at the animal care manager’s discretion.

(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.

(Ord. 15-002, § 2 (part), 2015: Ord. 04-182(AM), § 4, 2004; Ord. 01-120, § 12, 2001; Ord. 95-063, §§ 2, 3 (part), 1995; Ord. 94-120AM, § 32, 1994; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.040 LIVESTOCK AUCTION.

The chief animal care and regulation officer may, at the officer’s discretion, auction livestock as set forth in the Matanuska-Susitna Borough’s “Animal Care and Regulation Policies and Procedures” manual.

(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 13, 2001; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.050 ADOPTION.

(A)    In addition to the licensing provisions set forth in MSB 24.10, no dog or cat over the age of six months shall be adopted from the shelter unless the prospective owner agrees to have the animal spayed or neutered. The animal care manager may deny a request to adopt an animal if any person living in the prospective adoptive household has been convicted of failure to provide humane animal care or cruelty to animals in any jurisdiction, including the borough.

(B)    The assembly shall adopt animal adoption fees and costs to be charged by the animal care and regulation division.

(C)    A dog or cat which is at least six months old and is not spayed or neutered when it is adopted shall be spayed or neutered within 30 calendar days of the date of adoption. Dogs and cats which are under six months of age at the time of adoption shall be spayed or neutered within seven months of the date of birth of the dog or cat. The owner of a dog or cat adopted from the shelter shall provide to the borough written proof of having the dog or cat spayed or neutered by a licensed veterinarian within 30 calendar days of the last date the dog or cat is required by this section to be spayed or neutered.

(D)    An animal may not be adopted from impoundment without full disclosure that shows symptoms of infectious or contagious disease or shows signs of aggression toward humans or other animals. Except for those animals, and animals classified as Level 5, the animal care manager shall approve the rescue of an animal or unclaimed animal that would otherwise be euthanized if the rescue group or private individual agrees to provide necessary medical care or behavior training for the animal. Specifically, shall approve without cost the rescue of those cats with upper respiratory infection.

(E)    Records of adoptions shall be maintained by the animal care and regulation office.

(F)    The animal care manager may, in their discretion, establish an adoption plan and fee schedule for animals other than dogs or cats.

(G)    An animal classified as Level 3, 4, or 5 may not be adopted from impoundment.

(H)    Adoption of any impounded animal is at the discretion of the borough.

(I)    Adoption policies consistent with the provisions of this section may be established by the animal care manager and set forth in the Matanuska-Susitna Borough’s “Animal Care and Regulation Policies and Procedures” manual.

(J)    Failure to have a dog or cat spayed or neutered as set forth in subsection (C) of this section or to provide written proof of the spay or neuter is an infraction.

(K)    All adoptions are final and the previous owner, if any, may not reclaim the animal once it has been adopted. Any veterinarian bills, liabilities, or claims which are incurred after its adoption will be the sole responsibility of the new owner.

(Ord. 15-002, § 2 (part), 2015: Ord. 14-023, § 2, 2014: Ord. 04-182(AM), § 5, 2004; Ord. 03-154(AM), § 4, 2003; Ord. 01-120, § 14, 2001; Ord. 96-049, §§ 3, 4, 1996; IM 96-004, page 1, presented 1-16-95; Ord. 95-063, § 4 (part), 1995; Ord. 94-120AM, §§ 33 - 35, 1994; Ord. 93-147AM, § 6, 1993; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.060 VOLUNTARY RELEASE.

A person voluntarily releasing ownership of an animal to the borough shall execute a release of ownership in favor of the borough and may contribute a donation to the shelter.

(Ord. 15-002, § 2 (part), 2015: Ord. 14-023, § 3, 2014: Ord. 04-182(AM), § 6, 2004; Ord. 01-120, § 15, 2001; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.070 MICROCHIP INSERTION; IMPOUNDED DOGS AND CATS.

All dogs and cats impounded and released from the animal care and regulation shelter, whether by redemption, adoption, or otherwise, shall receive a microchip implant approved by the borough. If the animal is being released to the owner and the owner requests to be present, the owner shall be present during the insertion of the microchip. The cost of the microchip shall be paid by the owner. The animal care manager shall list the fee for a microchip implant in a schedule approved by the assembly.

(Ord. 15-002, § 2 (part), 2015: Ord. 03-065(AM), § 13, 2003; Ord. 01-120, § 16, 2001; Ord. 93-147AM, § 7, 1993; Ord. 92-013(sub1), § 3 (part), 1992)

24.15.080 EUTHANASIA.

(A)    The animal care manager may authorize euthanasia in the following circumstances:

(1)    an animal in borough custody, that is not the subject of a pending hearing or court decision, which is not adoptable under MSB 24.15.050(D);

(2)    an animal whose health or physical condition requires euthanasia for humane reasons. The euthanization decision shall be made by a licensed veterinarian or an animal care and regulation officer in consultation with a licensed veterinarian. Prior to euthanizing an animal, the borough shall make reasonable efforts to contact the owner or custodian. Notwithstanding, in an emergency situation, where the condition of the animal requires immediate euthanization, the borough may euthanize the animal for humane reasons prior to notification of the owner or custodian; or

(3)    an adoptable animal, remaining unadopted following expiration of the minimum term of availability specified in MSB 24.15.010(A).

(B)    An animal which is not eligible for redemption or adoption may be euthanized after the right to appeal expires without being invoked or after all appeals under this title are completed.

(C)    Euthanasia of an animal shall be accomplished humanely by a licensed veterinarian or trained euthanasia technician.

(D)    The borough shelter shall maintain a list available for review by the general public of animals euthanized within the past 30 days, including a photograph or a description of the animal and the reason for euthanasia.

(Ord. 15-002, § 2 (part), 2015: Ord. 04-182(AM), § 7, 2004)