The purpose of this title is to promote public health and safety and to encourage responsible pet ownership and the humane care of animals.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
[1]
Editor's note — Prior history: AO No. 41-75; GAAB 17.05.010, 17.10.030, 17.10.070, 17.25.010, 17.25.030, 17.25.040; AO No. 78-65A; AO No. 83-2; AO No. 83-97, 11-21-1983; AO No. 86-39, 7-15-1986; AO No. 89-25(S); AO No. 90-27(S-1); AO No. 91-26; AO No. 91-85(S-1); AO No. 92-75(S); AO No. 96-134(S-2), 7-1-1997.
The following words, terms and phrases and their other verb forms and tenses, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
is a decision of the chief animal control officer under chapters 17.10 (care and control of animals), 17.15 (rabies control and municipal licensing), 17.25 (redemption, disposition, protective custody or impoundment decisions or conditions), and 17.40 (classified animals).
see Custodian.
means a bite that is accompanied by an attack in which the animal exhibits overt behavior that includes any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging or similar aggressive behavior.
means all members of the Phylum Cordata, Subphylum Vertebrata, excluding nondomestic animals and humans, unless otherwise specifically stated.
means any person or organization who accepts animals for the purpose of finding a permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes, or boarding or keeping in licensed commercial facilities.
means a facility used to house four or more stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by an animal welfare organization, organization for the prevention of cruelty to animals, or other nonprofit organization, or by a person or persons devoted to the welfare, protection or humane treatment of animals, for the purpose of finding a permanent adoptive home.
means not controlled.
means an animal bite that breaks the skin or results in significant evidence of biting.
means any person who intentionally breeds an animal.
means any one of the days between Monday and Friday, 8:00 a.m.—5:00 p.m. which is a normal business day for the Municipality of Anchorage.
means a member of the genus and species Felis domestica.
means the municipal department head responsible for animal control and administration of the municipal animal control contract or his or her designee.
means repeated vocalization by an animal or animals from the time the noise begins for more than five consecutive minutes during the daytime noise period from 7:00 a.m. to 10:00 p.m. and more than five consecutive minutes during the nighttime noise period from 10:00 p.m. to 7:00 a.m., where such vocalizations unreasonably disturb the peace, quiet, or repose of a person or persons of ordinary sensibilities. There is a presumption that repeated vocalization by a dog barking for more than five minutes unreasonably disturb a person of ordinary sensibilities unless proved to the contrary. A licensed mushing facility, as defined below, shall be excused from the five consecutive minute limit for daytime noise only, up to four times per day, for a maximum of 20 consecutive minutes each time provided that no excused period shall occur within one hour of any other excused period. An excused period means more than five consecutive minutes and less than 20 consecutive minutes.
means a person or facility that boards or grooms dogs, cats, rabbits, ferrets, and/or horses for fees or services, or any person or facility that reconveys four or more dogs or cats in a calendar year, or any person or facility that breeds more than three litters of dogs and/or cats in a calendar year.[1]
see "control by confinement" below.
in relation to an animal, means to simultaneously monitor, direct, and restrict an animal's movements and activities, in a humane manner, so as to prevent violations of this title. Specific types of control are defined as follows:
"Control by command"
means to control an animal by visual or audible commands, or a combination thereof, to which the animal responds promptly and accurately; or
"Control by confinement"
means to control an animal in a humane manner within any fully fenced pen, kennel, yard, or structure, which prevents the exit of any animal confined therein solely on its own volition and the protrusion through the outer perimeter of the enclosure of the animal's paws and/or teeth to an extent which would enable the animal to physically injure a person or another animal; or
"Control by leash"
means to control an animal by securely attaching a leash, chain or an item which is physically capable of restraining the animal, including electronic collar, to the animal which is in the secure possession of a person physically and mentally capable of monitoring, directing and restricting the animals movements and activities; or
"Control by attachment"
means to control an animal by a harness or other similar device attached directly or indirectly to a person or immovable object by means of a chain, leash or similar device in such a manner that:
"Control by harness"
means to control an animal by a harness or other similar device attached directly or indirectly to a person or object during an event of competition, training, demonstration, or show.
means a vaccination:
As specified in the current Compendium of Animal Rabies Vaccines prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc.;
Administered in accordance with state law; and
Evidenced by a current rabies vaccination certificate in a form approved by the stat, division of public health and signed by a currently licensed veterinarian.
means a person entrusted by the owner with the full responsibility for an animal under this title.
means a member of the genus and species Canis familiaris.
means a painless death or a method of causing death painlessly.
means a member of the genus and species Mustela putorius furo.
means a civil penalty or civil fine imposed as restitution for wrongdoing.
means the care and treatment of an animal, including but not limited to providing the animal with:
Safe and necessary control, confinement and appropriate space;
Adequate veterinary treatment, wholesome food and water; and
Heat, ventilation, and sanitary shelter from wind, temperatures, precipitation and sun conditions detrimental to its health;
all of which are consistent with or dictated by the animal's normal requirements, veterinary needs, feeding habits, and its condition, size, species, age, and breed. |
means a person or facility, including a dwelling unit, residence, or business premise that owns, houses, possesses, or is the custodian of four or more dogs, four or more cats, four or more rabbits, four or more ferrets, four or more horses, or any combination of seven or more of the above animals.
shall mean the Municipality of Anchorage.
means a person or facility, including a dwelling unit, residence, or business premise that owns, houses, possesses, or acts as custodian of four or more dogs over the age of four months, that have been trained to be harnessed and pull sleds, carts, vehicles with humans and/or cargo for the sport of mushing whether for recreation, competition or remuneration.
means a citation issued by the chief animal control officer or designee for civil violations of this title.
means a notice issued by the chief animal control officer or designee requiring compliance with this title.
means a person charged by law with the duty to enforce provisions of this title.
means any person or custodian, who owns, restrains, possesses or holds title to an animal or knowingly permits an animal to remain on premises occupied by such person.
means an impairment of physical condition or pain either of which is accompanied by visible scrapes, cuts, punctures, bruising, or other evidence of similar injuries.
means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, kennel, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
means to protect and preserve the health, safety, humane care, or treatment of an animal.
means to acquire and/or arrange for sale or transfer of an animal by a person acting as a broker or representative for another, with or without remuneration, whether or not such person has title to or possession of the animal.
means to confine or control an animal.
means any fully enclosed fenced pen, kennel, yard, or structure, which must include a roof, walls and floor, subject to approval by the chief animal control officer. The secure enclosure shall:
Be located so as not to interfere with the public's access to the owner's or custodian's property;
Prevent:
The accidental release by any person of any animal confined in such enclosure;
The exit from such enclosure of any animal confined therein solely on its own volition;
The entry into such enclosure by any person except the owner and other persons authorized by this title or explicitly authorized by the owner, and who are also physically and mentally capable of monitoring, directing and restricting the confined animal's movements and activities;
The entry into such enclosure by any animal other than the animal confined therein; and
The protrusion through the outer perimeter of the enclosure of the confined animal's paws and/or teeth to an extent which would enable it to physically injure a person or another animal.
The owner or custodian of an animal may establish by clear and convincing evidence that a structure was a "secure enclosure", despite failing to prevent the release of an animal, because the animal's release was primarily caused by a factor not attributable to the character of the enclosure, or to an act or omission of the owner or custodian, or the animal. |
means any physical injury which creates a risk of death or causes protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function of a body member or organ, or requires plastic surgery.
means a structure that is accessible to an animal and that is suitable for the species, age, condition, breed, and size of the animal to protect the animal from exposure to the elements.
For dogs, shelter shall be:
Inside the home of the dog's owner or custodian; or
A sound, weatherproof structure with a solid floor raised above the ground that, at a minimum:
Has sufficient ventilation;
Contains clean and dry bedding that does not retain moisture, such as straw or wood chips, of a sufficient amount to protect the dog from inclement weather;
Is small enough to allow a dog to warm the interior of the structure and maintain body heat, and large enough to allow the dog adequate freedom of movement to make normal postural adjustments, including the ability to turn around and lie down;
Is maintained in a sanitary condition, free of the buildup of excretions or other waste material;
Has shade by natural or artificial means to protect the dog from direct sunlight;
Is free of surrounding debris or other materials that could endanger the dog;
Is designed for the purpose of sheltering if used for long term confinement; and
Is constructed of materials that provide protection from the elements.
means rendered incapable of reproduction by surgical operation by a licensed veterinarian.
means an animal too young to be weaned from the care of its parent(s).
means the offspring of a wolf or wolf hybrid. For the purposes of this title, wolf dogs and wolf hybrids shall be synonymous.
means a member of the genus and species Canis lupis x Canis familiaris.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2004-86, § 1, 5-18-2004; AO No. 2009-88, § 1, 9-10-2009; AO No. 2013-142, § 1, 12-17-2013; AO No. 2016-55, § 2, 6-7-2016; AO No. 2017-87, § 1, 6-13-2017; AO No. 2018-112, § 1, 1-15-2019; AO No. 2019-91(S-1), § 1, 12-3-2019)
[1]
Editor's note — In connection with adoption of AO 2001-158 (S-4), as amended, assembly expression of legislative intent on 6-11-2002, was that any reference to "business" or "commercial" in Title 17 does not mean conducting a business for the purposes of other titles.
A.
Except as otherwise provided in this Code, the animal care and control center shall administer and enforce this title.
B.
The animal care and control center shall be responsible for keeping animals which the animal care and control center impounds or assumes custody of under this title.
C.
The municipality may contract with a private person or entity to perform the functions of the animal care and control center.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A.
The chief animal control officer shall be appointed by the mayor. If the municipality contracts with a private person or entity to perform the functions of the animal care and control center, the chief animal control officer shall be the head of the department charged with administration of the contract.
B.
The chief animal control officer may appoint one or more deputy animal control officers.
C.
The chief animal control officer or designee and all deputy animal control officers shall be peace officers as defined in Anchorage Municipal Code section 1.45.030.
D.
The chief animal control officer shall administer the animal care and control center. If the municipality contracts with a private person or entity to perform the functions of the animal care and control center, the chief animal control officer may delegate to the contractor those powers of the chief animal control officer which are necessary to the performance of the contract and which lawfully may be delegated to a private person or entity.
1.
The chief animal control officer or designee shall take all actions reasonable and necessary to abate, prevent violations of, and enforce this title, to promote the humane care and treatment of animals, and protect the public health, safety and welfare.
E.
Interfering with, hindering, resisting, molesting, or providing false information, either written or oral, to an animal control officer or representative of the animal care and control center in the lawful enforcement or performance of a duty under this title, and/or releasing, or attempting to release, an animal from the custody of an animal control officer, are declared crimes by and punishable in accordance with Title 8 of this Code.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A.
The chief animal control officer shall maintain complete and detailed records of the following in accordance with chapter 3.90 and as required by municipal contract:
1.
The issuance and revocation of licenses under this title;
2.
All animals brought into the custody of the animal care and control center by impoundment or otherwise;
3.
The disposition of all animals in the custody of the animal care and control center;
4.
Rabies immunizations reported to, ordered and administered under the direction of the animal care and control center;
5.
Reports required by or made pursuant to this title;
6.
Investigations of violations of this title;
7.
Monies received for fees and charges imposed by this title; and
8.
Notices of violation, including the disposition thereof.
B.
The animal control office shall not disclose the identity of a person who surrenders an animal, claims or adopts an animal from the animal care and control center unless the chief animal control officer determines that protection of the public health, safety or welfare requires such disclosure, or unless required under chapter 3.90.
C.
At the request of the chief animal control officer, an animal owner shall authorize their veterinarian to release animal medical records related to a specific animal control investigation.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 2, 9-10-2009)
A.
The chief animal control officer may issue regulations in accordance with chapter 3.40 necessary to the administration of this title, including, but not limited to:
B.
The chief animal control officer may issue orders to implement and carry out the intent, purpose and requirements of this title with respect to any specific event, condition or decision.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A.
Except as to those inspections under section 17.15.090B.2, 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.
B.
If the premises where animals are kept have 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.
C.
The chief animal control officer is authorized to conduct an animal census of the municipality. The chief animal control officer may authorize those who take the census to accept applications for and issue dog licenses in the field.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A.
Anchorage police officers and animal control and other authorized peace officers shall have the authority to enforce and issue civil or criminal citations or complaints for violations of this title and Penal Code Chapter 8.55, Animal cruelty.
B.
In addition to all other enforcement provisions of this title, the chief animal control officer shall have the authority to commence civil actions to enjoin violations of this title or to obtain other equitable or legal relief for violations of this title.
C.
Service in civil actions under this title shall be by personal delivery whenever reasonably possible or by posting at the owners address, if known. If the owner's address is unknown, notice shall be made by posting at the premises from which an animal is seized. Service may also be made by certified mail, return receipt requested, or by other method prescribed by the Alaska Court Rules of Civil Procedure.
D.
A violation of a provision of this title or of Penal Code Chapter 8.55 is hereby declared to create a public nuisance.
E.
Each day a violation of any provision of this title or Chapter 8.55 of the Penal Code continues shall constitute a separate offense.
F.
Unless otherwise provided, a person who violates a provision of title 17 is strictly liable for the offense, regardless of that person's intent or mental state.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2016-55, § 1, 6-7-2016)
A.
Upon verifying a violation of this title has occurred, an officer may issue a notice to comply and/or a notice of violation ("NOV") and serve it on the owner or custodian of the animal if that person can be identified at the time of the violation. If the owner cannot then be identified, the officer may impound the animal and serve the notice to comply or NOV at such time as the owner of the animal can be identified.
1.
A NOV shall have printed prominently on its face the following notice:
YOU MAY EITHER PAY THE CIVIL FINE NOTED HEREON OR DEMAND A HEARING ON THE CHARGES OF THIS NOTICE OF VIOLATION ("NOV") WITHIN 15 BUSINESS DAYS OF RECEIVING THIS NOV. DEMAND FOR HEARING OF THIS NOV MUST BE MADE BY FILING A WRITTEN REQUEST FOR HEARING TO THE ADDRESS ON THE FORMS PROVIDED BY THE ANIMAL CARE AND CONTROL CENTER.
2.
A notice to comply shall have written prominently on its face the following:
a.
The nature, time, place, title section and penalties for the violation and/or continuance of the violation;
b.
The specific number of days allowed for the abatement of the violation to ensure compliance with this title;
c.
The action necessary to correct violation; and
d.
The consequences of non-compliance.
B.
A person who violates a provision of this title shall be subject to a civil penalty as set forth in chapter 17.70.
1.
If the civil penalty is not paid within 15 business days of service, and a written request for hearing has not been received, the chief animal control officer shall issue and serve a second notice with a late penalty.
2.
Each day during which a violation described in this title occurs shall constitute a separate offense.
C.
If the chief animal control officer determines that a NOV has been improperly issued, the officer may rescind it by writing the word "void" on its face. A record shall be maintained for all actions taken pursuant to this subsection. The chief animal control officer shall invoke this section upon a finding that one of the following conditions existed at the time the NOV was issued:
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2017-87, § 2, 6-13-2017)
[1]
Editor's note — Former § 17.05.090, Citation procedure for criminal violations, was repealed.
Prior history: AO No. 2001-158(S-4), 1-1-2003.
A.
Hearings. A person served with a NOV or administrative decision has a right to a hearing on the NOV or administrative decision by filing a written demand for hearing on forms provided by the animal care and control center no later than 15 business days after service of the NOV or administrative decision.
B.
A person may waive the right to a hearing prior to the hearing date.
C.
Procedure. Hearings on NOV's and administrative decisions under this section shall be subject to and conducted in accordance with sections 3.60.045 and 3.60.055 through 3.60.070.
1.
The Municipality shall designate an administrative hearing officer who shall conduct a hearing on the NOV or administrative decision within 20 business days after the date on which the request for hearing was filed. A party may request an extension or continuance of the hearing date from the administrative hearing officer, which may be approved upon good cause shown.
3.
Hearings relating to the impoundment of animals not redeemed or not conditionally released pending hearing shall be scheduled in the chronological order in which impoundment occurs, but shall be heard within 10 business days. A party may request an extension or continuance of the hearing date from the administrative hearing officer, which may be approved upon good cause shown.
D.
Decision and order of the hearing officer. Within 20 business days after the conclusion of the hearing, the hearing officer shall prepare a statement of the case, a summary of the proceedings, findings of fact, conclusions of law, and decision and order.
1.
The decision and order of the hearing officer on impoundments shall be prepared as soon as possible and prior to all other decisions under this title.
2.
A final decision, which is not appealed, is deemed permanent and binding. A subsequent complaint or violation may not be brought on the same facts.
E.
Fees, charges and compensation. Unless the animal is released to its owner, fees and charges levied in connection with or related to a NOV or administrative decision shall not be collectible or subject to penalties for non-payment pending a hearing officer's final decision and order.
1.
If the initial administrative decision that an animal may not be redeemed is reversed by the final decision of the hearing officer, the hearing officer shall order that:
a.
The animal be returned to the owner or, if it has been euthanized, the owner shall receive compensation in an amount equal to the fair market value of the animal at the time of impoundment; and/or
b.
The owner shall receive reimbursement for or waiver of all boarding fees and charges and all applicable fines and penalties paid or charged respectively for the redeemed animal after the date of the initial decision of non-redemption.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2015-55, § 2, 5-26-2015; AO No. 2015-111(S-1), § 6, 1-1-2016)
A.
Generally. Appeals may be taken from the hearing officer's decision directly to the Superior Court of the Third Judicial District.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2015-55, § 3, 5-26-2015)
[1]
Editor's note — Former § 17.05.110, Law enforcement animals, was repealed.
Prior history: AO No. 2001-158(S-4), 1-1-2003.