Chapter 6.08
ANIMAL CONTROL REGULATIONS GENERALLY
Sections:
6.08.020 Running at large prohibited.
6.08.025 Endangerment prohibited.
6.08.040 Feeding of wild animals and birds of prey prohibited.
6.08.050 Keeping of wild animals.
6.08.060 Injury to persons and animals prohibited.
6.08.090 Continuous noise by animal.
6.08.100 Female in heat—Confinement.
6.08.110 Tethering/chaining/crating of animals restricted.
6.08.120 Interference with, etc., enforcement officers prohibited.
6.08.130 Duty of motor vehicle operator to render assistance and give information.
6.08.150 Destruction of suffering animals.
6.08.010 Cleanup required.
The owner or caretaker of any animal shall remove and dispose of, in a sanitary manner, any and all excrement and other animal litter deposited on any public or private property not possessed by the owner or custodian of the animal which caused or produced the excrement or litter. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 00-09 § 4: prior code § 4-5)
6.08.020 Running at large prohibited.
A. No owner or caretaker shall fail to properly restrain his/her animal to prevent it from running at large. When an animal is found running at large, an officer under this title is authorized to impound the animal and/or give its owner or caretaker a written warning or an animal at large citation.
B. If any dangerous or vicious animal cannot be safely impounded or if any animal attacks an officer attempting to impound it, any officer may take whatever action is necessary to safeguard life and property endangered by the animal.
C. Notwithstanding the foregoing provisions of this section, dogs may run freely in any area of the city in which both hunting and the discharge of firearms is permitted.
D. No person other than an officer performing his/her duty may release an animal from restraint without the owner’s permission, except to preserve the animal’s life. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 00-09 § 5: Ord. 93-20 § 3: prior code § 4-11)
6.08.025 Endangerment prohibited.
A. No person may:
1. Fail to sufficiently restrain an animal within the confines of an open motor vehicle or pickup truck so as to prevent the animal from jumping, falling or reaching out of the vehicle.
2. Operate a vehicle while under the influence with an animal on board.
B. The penalty for violation of this section shall include a fine not to exceed five hundred dollars. In addition, forfeiture of ownership of the animal which was the victim of endangerment may be ordered by the court. Financial restitution shall be paid by the offender for the daily maintenance of the seized animal to include veterinarian bills while the animal is in the custody of the animal shelter. (Ord. 19-04 § 1 (part))
6.08.030 Cruelty prohibited.
A. No person may:
1. Abandon an animal for a period of more than seventy-two hours;
2. Cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal or cause, instigate or permit any animal to fight with another of its own species or with another of a different species, whether for amusement of himself or others or for financial gain. Ownership of such animal shall not be justification for such acts or for a violation of this section;
3. Intentionally kill, injure or disfigure an animal, unless it is necessary to protect a human being or animal from death or bodily injury, except in a humane manner as authorized by law;
4. No person shall poison or injure or disfigure any animal or distribute poison in any manner whatsoever; except, that any officer or agent of the United States or of this state or of the city who exposes poison to be taken by predatory animals shall be exempt from the provisions of this section.
B. It is a defense to a prosecution under this section that the conduct of the person:
1. Conformed to accepted veterinary practice;
2. Was part of a scientific research project governed by accepted standards; or
3. Was necessarily incident to lawful hunting or trapping activities.
C. Upon violation of this section court appearance is mandatory. The penalty for violation of this section shall include but not be limited to:
1. A fine not to exceed five hundred dollars.
2. Forfeiture of ownership of the animal which was the victim of cruelty to the city, to be placed for adoption or otherwise disposed of as seen fit by the animal control officer. Financial restitution shall be paid by the offender for the daily maintenance of the seized animal to include veterinarian bills while the animal is in the custody of the animal shelter.
3. Attendance of an anger management counseling program in Valdez as ordered by the court. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 05-03 § 1: Ord. 00-09 § 6: prior code § 4-12)
6.08.035 Neglect prohibited.
A. No person may maintain an animal without providing:
1. Sufficient, good and wholesome food and water;
2. Veterinary care adequate to prevent animal suffering;
3. Shelter adequate to provide protection from the weather and preserve the animal’s health; and
4. Sanitary living conditions.
B. The penalty for violation of this section shall include a fine not to exceed five hundred dollars. In addition, forfeiture of ownership of the animal which was the victim of neglect may be ordered by the court. Financial restitution shall be paid by the offender for the daily maintenance of the seized animal to include veterinarian bills while the animal is in the custody of the animal shelter. (Ord. 19-04 § 1 (part))
6.08.040 Feeding of wild animals and birds of prey prohibited.
A. Except as provided in this section or under terms of a permit issued by the city of Valdez, the state of Alaska or the United States federal government, a person may not:
1. Negligently feed a moose, bear, coyote, wolverine, fox or birds of prey (including eagles, hawks, owls, falcons) or deleterious exotic wildlife, or negligently leave human food, animal food, or garbage in a manner that attracts these animals; or
2. Intentionally feed a moose, bear, coyote, wolverine, fox or birds of prey (including eagles, hawks, owls, falcons) or deleterious exotic wildlife, or intentionally leave human food, animal food, or garbage in a manner that attracts these animals.
B. These prohibitions do not apply to the use of bait for trapping furbearers or deleterious exotic wildlife. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part))
6.08.050 Keeping of wild animals.
No wild animal may be kept within the city, except under such regulations and conditions as shall be fixed by the chief; provided, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be fixed by the chief, and raptor and rehabilitation permits granted by the state of Alaska or the United States will be honored upon approval of the chief. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): prior code § 4-14)
6.08.060 Injury to persons and animals prohibited.
No animal shall inflict injury on a person or animal. Such conduct shall subject the animal to proceedings seeking to have the animal adjudged dangerous and/or vicious as defined in Section 6.04.010 and/or cause the owner to receive a citation. Upon citation under this section court appearance is mandatory. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 00-09 § 8: Ord. 93-20 § 4: prior code § 4-15)
6.08.070 Vicious animals.
A. While on the owner’s property, a vicious animal shall at all times be kept indoors or in a six-sided enclosure with secure sides and a secure top, with a sign posted in a conspicuous place written in bold letters not less than three inches tall reading: “BEWARE! VICIOUS ANIMAL ON PREMISES.”
B. A vicious animal may be off the owner’s premises only if it is restrained in a locked cage or similar six-sided enclosure or restrained by a substantial leash not to exceed five feet, muzzled and under the direct control of a responsible adult.
C. A vicious animal may not be kept or transported in an open pickup or other vehicle without the animal being properly muzzled and restrained by a substantial chain of not more than three feet or restrained in a locked cage or similar six-sided enclosure. A sign must be secured in a conspicuous place written in bold letters not less than three inches tall reading: “BEWARE OF VICIOUS ANIMAL.”
D. The owner or keeper of a vicious animal must notify the city animal control officer or his designee when the animal is moved to a new location. Notification is required when a vicious animal is sold or given away. The previous owner or keeper shall inform the new owner or keeper that the vicious animal has been adjudged “dangerous” and/or “vicious,” and also inform the city animal control officer or his designee of the change of ownership and the identity and location of the new owner or keeper.
E. An animal adjudged a vicious animal may be destroyed by the city animal control department or the city police department upon court order or through the consent of the animal’s owner.
F. Upon citation under this section court appearance is mandatory. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 07-07 § 2: Ord. 93-20 § 5: prior code § 4-16)
6.08.080 Dangerous animal.
A. A dangerous animal must be restrained by a fence or other barrier, in a house or garage on the owner’s property.
B. A sign shall be posted in a conspicuous place written in bold letters not less than three inches tall reading: “BEWARE! DANGEROUS ANIMAL ON PREMISES.”
C. When off the owner’s property, a dangerous animal must be under direct control of a responsible adult, and properly leashed and muzzled.
D. The owner or keeper of a dangerous animal must notify the city animal control officer when the animal is moved to a new location. Notification is required when a dangerous animal is sold or given away. The previous owner or keeper shall inform the new owner or keeper that the dangerous animal has been adjudged “dangerous” and also inform the city animal control officer of the change of ownership and the identity and location of the new owner or keeper.
E. Upon citation under this section court appearance is mandatory. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 07-07 § 3: Ord. 93-20 § 6: prior code § 4-17)
6.08.090 Continuous noise by animal.
No owner’s animal shall cause annoyance, alarm or noise disturbance for more than fifteen minutes continuously by repeated barking, whining, screeching, howling, braying, or other like sounds which can be heard beyond the boundary of the owner’s property or residence. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 05-03 § 3: Ord. 00-09 § 9: Ord. 93-20 § 7: prior code § 4-18)
6.08.100 Female in heat—Confinement.
Every female dog or cat in heat shall be kept confined in such a manner that such female animal cannot come in contact with a male animal except for planned breeding purposes. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 00-09 § 10)
6.08.110 Tethering/chaining/crating of animals restricted.
A. No animal shall be continuously confined in a crate or area smaller than ten feet by ten feet, chained, tied, fastened or otherwise tethered to doghouses, trees, stakes, poles, fences, walls, or any other stationary objects outdoors or indoors as a means of confinement outdoors or indoors for a time period that exceeds thirteen hours within a twenty-four-hour period.
B. Tethers must be at least ten feet in length and weigh no more than one-eighth of the animal’s body weight. Tethers must attach directly to a proper collar or harness, allow the dog’s free movement, and cannot cause the dog to be injured, strangled, or become tangled.
C. Crates must be of a size sufficient to allow animals to stand their full height, stretch out, turn around, lie down, and make normal postural movements comfortably.
D. Dogs utilized to transport a sled that reside strictly within a regulated and licensed kennel facility shall be exempt from this section. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 2 (part): Ord. 05-03 § 4)
6.08.120 Interference with, etc., enforcement officers prohibited.
No person shall interfere with, impede, prevent or attempt to interfere with, impede, prevent, obstruct or intimidate any officer in the discharge of his duties under this title, or in taking up or attempting to take up and impound any animals under the provisions of this title, or to rescue or attempt to rescue any animal so taken up by such officer or to release any animal so impounded or under protective custody. All animals impounded, under protective custody, up for adoption, or for any other reason harbored at the Valdez animal shelter are considered property of the city during the duration of their stay. Upon citation under this section court appearance is mandatory. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 1 (part): Ord. 00-09 § 2: prior code § 4-3. Formerly 6.04.030)
6.08.130 Duty of motor vehicle operator to render assistance and give information.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such reasonable assistance as may be possible and shall immediately report such injury or death and the operator’s name, address and vehicle license number to the animal’s owner. In the event the owner cannot reasonably be ascertained and located, such operator shall at once report the accident to the department. Upon citation under this section court appearance is mandatory. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 1 (part): prior code § 4-4. Formerly 6.04.040)
6.08.140 Inspection.
A. Animal control may inspect the premises and/or animals of all licensees annually or upon a public complaint. Animal control may inspect a premises prior to the issuance or renewal of a cattery license or kennel license.
B. Inspections shall be conducted by the animal control officer and/or a licensed veterinarian trained to examine all animals in the facility.
C. A commercial facility, open to the public, may be inspected without notice during the times of normal business operations.
1. During normal business hours, a peace officer or animal control officer, upon presentation of proper identification, is authorized to inspect premises where animals are or are intended to be confined to determine whether the animals are being or shall be confined in compliance with this title.
D. A private residence may be inspected within seventy-two hours of notification to the resident of the intent to inspect. This notice requirement applies to annual license issuance or renewal inspections for cattery licenses or kennel licenses. It does not apply to inspections conducted upon commercial facilities open to the public.
E. If the premises where animals are kept has been vacated by such animals’ owner or if a person lawfully entitled to possession of the premises refuses entry to a peace officer or animal control officer lawfully entitled to inspect such premises under this title, the officer shall obtain and serve an administrative search warrant to inspect the premises. The application to the trial courts of the state to obtain an administrative search warrant shall state the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within ten days. (Ord. 19-04 § 1 (part): Ord. 18-01 § 2 (part): Ord. 09-07 § 1 (part): Ord. 93-20 § 2: prior code § 4-6. Formerly 6.04.050)
6.08.150 Destruction of suffering animals.
If a determination is made by a veterinarian licensed under AS 08.98, by a peace officer or animal control officer in consultation with a veterinarian licensed under AS 08.98, or by a peace officer or animal control officer who is unable to locate or communicate with a veterinarian licensed under AS 08.98 that an animal is injured or diseased to such an extent that it is probable the animal cannot recover, the veterinarian, peace officer, or animal control officer may humanely destroy the animal or arrange for the animal's humane destruction. (Ord. 19-04 § 1 (part))