[1]
Editor's note — Prior history: GAAB 17.15.010, 17.15.020, 17.15.050; AO No. 78-65A; AO No. 78-188; AO No. 83-2; AO No. 83-97, 11-21-1983; AO No. 86-39; AO No. 89-25(S); AO No. 91-85(S-1); AO No. 92-75(S); AO No. 96-134(S-2), 7-1-1997; AO No. 97-97(S), 7-22-1997.
A. 
An animal control officer shall check an animal subject to impoundment for identification. If the animal is wearing a current municipal dog license, the owner or custodian is known, and the animal poses no threat to another animal or the public health, welfare and safety, the officer may take reasonable measures to return the animal to its owner or custodian with the issuance of a notice to comply or NOV, provided there are no outstanding verifiable fees or fines due to the animal care and control center. The following animals are subject to impoundment:
1. 
An uncontrolled animal in the presence of the officer, where the owner or custodian is not present. At the time of impoundment, the officer shall post a written notice describing the animal, giving the date, time and reason for impoundment, and where the animal may be recovered either:
a. 
In a prominent place on the owner's premises, if known; or
b. 
In a prominent place at the location of impoundment, if possible;
2. 
An animal that poses a threat to itself, another animal, or the public health, welfare or safety;
3. 
An animal exhibiting behavior described in Section 17.40.020;
4. 
An animal which is found to be in violation of a classification requirement or condition of quarantine imposed pursuant to Section 17.25.040D, 17.30.080, or 17.40.040;
5. 
An animal required to be forfeited to the municipality pursuant to sections 17.10.015A.3, 17.10.030D.3, 17.25.040D, or 17.40.040D; or
6. 
An animal where ownership is prohibited by federal, state, or municipal law.
B. 
An animal control officer is authorized to obtain a warrant to seize an animal in violation of subsections A.2 through A.6 above.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 3, 9-10-2009; AO No. 2019-91(S-1), § 15, 12-3-2019)
A. 
If the animal is impounded on public property or on the private property of another not its owner or custodian, the officer shall first check the animal for an identification tag or microchip. If the officer can identify the owner or custodian, he or she may take reasonable measures to return it, unless an animal has previously been in violation of the same impoundable condition. Then the officer shall impound it at the animal care and control center.
B. 
After taking an animal into custody, the officer shall take the animal to the animal care and control center where it shall be checked again for identification including a tag or microchip, checked for its health, and then housed humanely.
C. 
If an animal's owner or custodian can be identified, the animal care and control center shall attempt to notify the animal's owner or custodian of the impoundment and the conditions under which the animal may be redeemed.
D. 
If the animal is impounded from private property, the officer shall, after securing custody of animal, post a notice, in a conspicuous place, on the nearest residence or structure from where the animal was seized.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
An animal without identification, whose owner or custodian is not known, shall be kept three full animal care and control center business days, unless redeemed earlier by the owner.
B. 
An animal with identification shall be held for a period of not less than five full animal care and control center business days, unless redeemed earlier by its owner. The animal control officer shall make every reasonable attempt to discover the identity of and make contact with the owner or custodian of an animal with identification to include, but not be limited to, contact by telephone or notice posted on the property. Maintaining the animal for longer periods may be approved by the chief animal control officer when the owner or custodian is known and upon showing good cause why redemption of the animal within the normal impound period is not possible.
C. 
The animal care and control center shall maintain records of impounded animals for at least two years. The records shall be public information and available upon reasonable request of the public in accordance with chapter 3.90, with the exception of privacy information protected under law. The information shall include, but not be limited to:
1. 
The species, breed, color and sex of the animal;
2. 
The location where the animal was impounded or found;
3. 
Any form of identification found on the animal, such as collar, identification, license or rabies tag, tattoo or microchip identification number; and
4. 
The disposition of the animal.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
If, during the investigation of an incident, an animal control officer determines that an animal may safely be kept on the property of an owner or custodian pending an administrative hearing, the animal control officer may set conditions for the keeping of the animal.
B. 
If, during the investigation of an incident, the animal control officer determines the animal poses an immediate or potential threat to another animal or the public health, safety, or welfare, the animal may be seized and impounded. The owner or custodian of the animal shall be responsible for all costs and expenses of keeping the animal at the animal care and control center.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
An animal may be redeemed by the owner from the animal care and control center upon proof the animal has a current rabies vaccination, is currently licensed under this title, if required, and if the animal is kept in the municipality. The owner shall pay all impound, licensing, rabies vaccination, daily board, medical treatment, previously unpaid/outstanding animal control fees and fines owed by the owner, and any other fees required.
B. 
An animal may be redeemed by the custodian for the owner, with written proof of the owner's intention to allow redemption, proof the animal has a current rabies vaccination, a current license, if required, and if the animal is kept in the municipality. The custodian shall pay all impound, licensing, rabies vaccination, daily board, medical treatment, all previously unpaid/outstanding animal control fees and fines owed by the owner, and any other fees required.
C. 
An animal that has been classified at level five behavior is not redeemable.
D. 
Within seven days from the date of impoundment, any animal classified level 1, 2, 3 or 4 under section 17.40.020, shall be released to the owner upon payment of all fees required and upon verification of compliance with sections 17.30.080 and 17.40.040, including any classification requirements set by the chief animal control officer. Upon failure of the owner to comply with section 17.40.040, the chief animal control officer may impound or re-impound the animal and require the owner to forfeit the animal to the municipality. An animal shall not be allowed to reside with or be redeemed by anyone who has been convicted, nor to a person residing in the same household with a person convicted, of a crime under Chapter 8.55 or inhumane treatment of an animal in another jurisdiction.
E. 
An animal shall not be redeemed by anyone who has a pending case, nor to a person residing in the same household with a person who has a pending case, under Chapter 8.55 or inhumane treatment of an animal in another jurisdiction.
F. 
An animal shall not be redeemed by an owner or person where such ownership is prohibited by federal, state or municipal law.
G. 
The chief animal control officer or designee shall make a written record of each decision made pursuant to this section to clearly and precisely explain the reason for the decision. A copy of the written decision shall be served upon the owner or person who attempts to redeem the animal.
H. 
It is unlawful to fail to comply with any condition of redemption imposed by the chief animal control officer under this title.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 4, 9-10-2009; AO No. 2019-91(S-1), § 12, 12-3-2019)
A. 
The animal care and control center shall take affirmative action to make available for adoption all unclaimed animals except for those in subsection C of this section.
B. 
After the minimum term of impoundment, or additional time as required by law or the animal's well being, the animal care and control center shall determine, with consultation available by a licensed veterinarian, those animals to be made available for adoption.
C. 
None of the following animals shall be made available for adoption:
1. 
An animal exhibiting symptoms of a major infectious or contagious disease, as determined by a licensed veterinarian;
2. 
An animal that in the judgment of a licensed veterinarian should be euthanized for humane reasons. If the animal has traceable identification or the animal owner or custodian is known, every effort shall be made to contact the owner or custodian prior to euthanasia; provided the animal is not in a suffering or dying condition;
3. 
An animal determined by a court of competent jurisdiction to be unadoptable;
4. 
An animal subject to a pending administrative or judicial hearing, or an appeal;
5. 
An animal that is the subject of a quarantine or protective custody imposed under this title, except when the term of quarantine or protective custody and all appeals have expired and the owner has not, or cannot, redeem the animal;
6. 
An animal prohibited from being owned by federal, state or municipal law;
7. 
An animal determined by the chief animal control officer, in consultation with a licensed veterinarian, exhibiting behavior described under section 17.40.020A as level 3, 4, or 5 that could pose a threat to another animal or the public health, safety and welfare.
D. 
The chief animal control officer or designee may approve the rescue of animals referenced in Section 17.25.050C.1. or unclaimed animals that would otherwise be euthanized if the rescue group agrees to provide necessary medical care for the animal.
E. 
An animal determined to be adoptable shall be held available for adoption for a minimum period of five days, unless the chief animal control officer or designee determines the animal care and control center is at full capacity. In such case, the chief animal control officer may shorten the availability period for an animal.
F. 
Animals surrendered to the animal care and control center by owners releasing entitlement to them shall be available for adoption under the terms of this section.
G. 
Animals under protective custody by the animal care and control center, not redeemed by owners, and whose appeal time has expired, shall be available for adoption under the terms of this section.
H. 
At the end of the period allowed for redemption, ownership of the animal shall be relinquished to the municipality. The animal may become available for adoption and shall no longer be available for redemption by the animal owner or custodian.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
The animal care and control center shall not release an animal for adoption under any of the following circumstances:
1. 
The prospective owner has inadequate or inappropriate facilities for confining an animal or for providing humane care and control of an animal. If the prospective owner does not own his or her place of residence, the consent of the landlord to the adoption is required.
2. 
The prospective owner has been convicted of a crime under Chapter 8.55 (cruelty to animals) or inhumane treatment of an animal in another jurisdiction; or has outstanding unpaid fees or fines; or has two or more violations of this title within the past 12 months.
3. 
Any circumstance which, in the opinion of the chief animal control officer, endangers the welfare of the animal or the public health, safety and welfare.
B. 
No person under eighteen years of age shall adopt an animal from the animal care and control center.
C. 
No animal shall be released or adopted for the purpose of scientific research, medical purposes, blood donation, consumption, fighting, gaming, auction or illegal purposes.
D. 
A person adopting an animal shall pay Municipality of Anchorage adoption, rabies vaccination, license, microchipping, and any other fees that apply to the adoptive animal.
1. 
Rescue groups approved and registered with the animal care and control center are exempt from the following fees when the animal care and control center makes a request to the rescue group to adopt an animal:
a. 
Dog license fees pursuant to 17.70.010A.2. when the group is a license vendor in good standing;
b. 
Rabies and other vaccinations pursuant to 17.70.010A.3.;
c. 
Microchip fee pursuant to 17.70.010A.5.c.; and
d. 
Adoption fees pursuant to 17.70.010A.5.e.
E. 
Any dog or cat over the age of four months adopted from the animal care and control center shall be spayed or neutered except if, in the determination of a licensed veterinarian, a medical delay is required due to the health or age of the animal. The chief animal control officer shall establish procedures to accomplish spay/neuter, either at the animal care and control center, or through arrangements with the local veterinary community and establish an appropriate fee structure, using customary market prices for such medical services in order to implement this section.
1. 
Any person who adopts a dog or cat that is not spayed or neutered at the time of adoption, shall agree in writing to have the animal spayed or neutered by a date specified. The date specified for sterilization may be altered upon the written recommendation of a licensed veterinarian. Proof of sterilization shall be submitted to the animal care and control center upon completion. The person adopting the animal shall provide for the expense of the required sterilization.
2. 
The chief animal control officer shall have authority to implement an early spay/neuter program and establish an earlier age for the animal care and control center spay/neuter requirement, after making a determination that it is an appropriate and reasonably safe medical practice.
F. 
All dogs and cats adopted from the animal care and control center shall be implanted with a microchip for purposes of identification.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2008-129, § 1, 12-17-2008; AO No. 2009-29, § 1, 3-3-2009)
A. 
The following animals may be euthanized at any time:
1. 
An animal described in section 17.25.050C.1, C.2, or C.3; or
2. 
An unowned animal, not pending a hearing or court decision, posing an unreasonable risk of physical injury; or
3. 
An adoption eligible animal, remaining unadopted following expiration of the minimum term of availability specified in section 17.25.050E.
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 a technician trained by a licensed veterinarian.
D. 
The animal care and control center shall maintain a list of animals euthanized within the past 30 days, including a description of the animal and the condition for euthanasia, available for review by the general public.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
Pending a final decision in any legal or administrative proceeding, an impounded animal may be held at the animal care and control center or other commercial facility approved by the chief animal control officer or designee. The owner shall have the right to reasonable daily visitation for a minimum of ten minutes per day as staffing allows.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
The chief animal control officer or designee may permit an impounded animal to be held in a business facility provided:
1. 
The animal is maintained at the sole expense of the owner, including the cost of all normal veterinary care;
2. 
The facility owner and the chief animal control officer, or designee, agree to this type of impoundment in a written document signed by all parties;
3. 
The facility demonstrates and maintains an ability to keep the animal in a manner no less secure than offered at the animal care and control center;
4. 
The facility shall release the animal only to the chief animal control officer or designee or upon receipt of a signed release agreement and compliance with all written conditions of the release;
5. 
The facility and the animal owner hold the municipality harmless and indemnify it against any liability arising from the actions or condition of the animal while it is impounded and kept under this subsection;
6. 
The chief animal control officer or designee shall have the authority to inspect the premises where the animal is kept at any time during normal business hours without prior notice;
7. 
The owner timely pays all fees established by the municipality for this service prior to transport of the animal(s); and
8. 
The facility has in force and maintains, during the period the animal is in the ownership, possession or restraint of the business facility, a liability insurance policy in the amount of $1,000,000.00.
B. 
The chief animal control officer or designee may permit an impounded animal which is the subject of a hearing or appeal to be held in the owner's home so long as the owner and the chief animal control officer or designee agree in writing that the owner shall abide by all the conditions as stated in subsections A.1 through A.7 above.
1. 
If an animal classified as level five is permitted to be impounded at home pending an appeal, the owner must comply with all restrictions of a level three and four animal per section 17.40.040B.3 and restrictions of a level five per section 17.040.040B.4.b.
C. 
Upon finding by the chief animal control officer or designee that any of the conditions stated in subsection A of this section have not been met by either the commercial facility or by the owner the owner shall have the animal care and control center transfer the animal to another facility or return the animal to the animal care and control center. In addition, the person responsible for the violation may be subject to a penalty as prescribed under this title.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2019-91(S-1), § 13, 12-3-2019)
A. 
An officer shall take an animal not subject to impoundment into protective custody when necessary to preserve the animal's health or safety and humane care and treatment.
B. 
If an animal has been placed in protective custody due to charges of cruelty against the owner, the animal shall not be released to its owner until a final determination is made pursuant to chapter 8.55 (Cruelty to Animals).
C. 
The animal care and control center shall maintain an animal in protective custody which is subject to redemption until the animal is redeemed by its owner or for a minimum of five days, after which time the animal may be disposed of as an impounded animal except:
1. 
Where an animal was placed in protective custody because the owner or custodian is arrested and charged with a crime and is unable to redeem the animal in person in which case the minimum period shall be ten days.
D. 
An animal that is in protective custody and which is subject to redemption may be redeemed by the owner or the owner's designee upon demand and payment of fees and costs. The owner shall not be charged an impoundment fee, but shall be charged boarding fees as set by regulation.
E. 
A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a review of that disposition as provided in section 17.05.100.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2004-86, § 6, 5-18-2004)
An owner or custodian may request a hearing for an animal impounded pursuant to section 17.25.010 of this title within 15 business days of the impoundment of the animal on forms provided by the animal care and control center. The hearing shall be conducted by the administrative hearing officer under the provisions of section 17.05.100 of this title.
(AO No. 2001-158(S-4), § 1, 1-1-2003)