Title 6

ANIMALS

Chapters:

6.01 Purpose

6.02 Definitions

6.03 Registration

6.04 Restraint

6.05 Animal control

6.06 Sale of animals

6.07 Animal behavior

6.08 Animal care

6.09 Impoundment

6.10 Adoption

6.11 Euthanasia

6.12 Wolf Hybrids

6.13 Animal Bites

6.14 Quarantine of individual animals

6.15 Incidence of rabies

6.16 Fees, fines, and failure to comply

6.01 Purpose.

The purpose of this title is to promote public health and safety and to encourage responsible pet ownership and the humane care of animals.

6.02 Definitions.

As used in this title:

“Abandoned” or “unwanted” means to leave an animal for a period in

in excess of twenty-four (24) continuous hours without adequate provision for its physical needs.

“Animal” means all members of the Phylum Chordata or Subphylum

Vertebrata.

“Animal control agent” is the person acting on or in behalf of the

Police Chief, enforcing the provisions of this chapter.

“Animal control center” is any area, temporary or permanent,

designated by the Police Chief, Community Service Officer or Agent for the holding of animals. A center can be publicly or privately owned and operated.

“At large” means not under restraint or not controlled.

“Cat” means Felis catus.

“Chronic animal noise” means repeated vocalization by an animal or

animals for more than thirty (30) consecutive minutes. Daytime noise generated by a licensed kennel in its reasonable and customary manner of operation only during feeding and loading/unloading times is excused to a maximum of thirty (30) consecutive minutes.

“Control” in relation to an animal, means to simultaneously monitor,

direct, and restrict an animal’s movements and activities so as to prevent violations of this title. Specific types of control are defined as follows:

1. Control by leash- to control an animal by a securely attached leash, chain, or an item which is physically capable of restraining the animal. The item must be in the secure possession of a person physically and mentally capable of monitoring, directing, and restricting the animal’s movements and activities.

2. Control by harness- to control an animal by a harness or other similar device attached directly or indirectly to a person or object during a training, demonstration, competition, or show event.

3. Control by command- to control an animal by visual and/or audible commands to which the animal responds promptly and accurately. A person must be present, monitor the animal, and be physically and mentally capable of directing animal movements and activities by visual and/or audible commands.

4. Control by collar- to control an animal by electronic collar with or without handheld remote and having all parts of the device working and visible at time of training or activation.

“Police Chief” is the person recognized as a certified police officer by the Alaska Police Standards Council as a police officer in and for the State of Alaska and the City of Togiak, and is designated by the Mayor or City Administrator as having the responsibility of enforcing the provisions of this chapter.

“Police Officer” is an employee of the Togiak Police Department and who is recognized by the Alaska Police Standards Council as a police officer in and for the State of Alaska and the City of Togiak.

“City of Togiak Domestic Animal Registration tag” is a metallic tag that can be attached to a collar, collar chain or harness of an animal. For the purposes of this section, a rabies vaccination tag issued by the City of Togiak or another issuing authority (if registered with the City of Togiak) serves as a City of Togiak Domestic Animal Registration tag.

“Diseased animal” means all members of the Phylum chordata, subphylum

vertebrata that is infected with an infectious or contagious disease.

“Dog” means Canis familiaris.

“Domestic animal” means dogs and wolf hybrids.

“Humane care” or “treatment” or “humane manner” means the handling of

an animal in accordance with the stipulations listed in Section 6.08.010.

“Keeper” includes any person, group of persons, partnership, firm,

trust or corporation owning, having an interest in, or having control custody or possession of any animal. This includes any adult member of a family or group or persons sharing a residential unit where another member of the family or group has an interest in, has control, custody or possession of an animal which is kept in or on the premises of the shared residential unit.

“Known rabid animal” means an animal with a positive laboratory test

for rabies virus.

“Nuisance animals” means any animal which molests passersby or

passing vehicles, attacks other animals, trespasses on school grounds or other public or private property, is repeatedly at

large, damages public and/or private property, or that makes chronic animal noise.

“Open space” is three hundred (300) feet from any residence,

business, or roadway.

“Owner” means any person or keeper, who harbors, keeps, causes or

permits an animal to be harbored or kept, or who has an animal in possession or custody, or who permits an animal to remain on or about premises, or who has legal title to an animal.

“Owner Release” is when the person or keeper, who harbors, keeps,

causes or permits an animal to be harbored or kept, or who has an animal in possession or custody, or who permits an animal to remain on or about premises, or who has legal title to an animal and is willing to relinquish all rights and legal responsibility to animal.

“Quarantine” is strict confinement upon the private premises of the

owners, in a veterinarian’s office or hospital, in the animal control center, or at other locations approved by the Mayor, City Administrator or designee, and under restraint described in Section 6.14.020(1).

“Restraint” or “restrain” means to confine or control an animal.

“Sterilized” or “sterile” means neutered, spayed, or rendered

incapable of reproduction.

“Unweaned animal” means an animal too young to be weaned, separated

from the care of its mother, and/or an animal still dependent on its mother’s milk.

“Unidentified animal” means an animal that does not have a collar and registration tag, or any other type of identification bearing the owner’s name, address and current phone number and of which is found or observed on public property, public thoroughfares, playgrounds, airdromes, beaches, or any private property where the owner of the property has no claim or knowledge of animal ownership.

“Wolf” means Canis lupis.

“Wolf dog” means the offspring of a wolf or wolf hybrid. For the pur-

poses of this title, wolf dogs and wolf hybrids shall be synonymous.

“Wolf hybrid” means a member of the genus and species Canis lupis

x Canis familiaris.

6.03 REGISTRATION

Sections:

6.03.010 Domestic animal registration.

6.03.020 Kennel permit.

6.03.010 Domestic animal registration.

A. All domestic animals twelve (12) weeks of age or older are required to be registered within thirty (30) days of entry into the municipality either by:

(1) Individual registration or

(2) As part of a Kennel Permit.

B. All domestic animals twelve (12) weeks of age or older shall receive a City of Togiak Domestic Animal Registration tag only upon scheduling

an appointment to rabies vaccinate at twelve (12) weeks of age from a State of Alaska Department of Health and Social Services approved vaccinator.

C. The owner or keeper shall be required to provide proof of rabies vaccination by a valid rabies immunization tag and/or a valid rabies certificate for the registration of a domestic animal.

D. A domestic animal registration tag shall be issued for individually registered domestic animals for a period that shall expire in conjunction with the expiration date of the rabies vaccination.

E. An individually registered domestic animal shall bear a City of Togiak Domestic Animal Registration tag securely fastened to its collar, chain collar, or harness at all times or the owner must be able to produce a copy of the written registration or tag within twenty-four (24) hours except:

(1) While confined on the owner’s or keeper’s premises.

(2) While in competition, in training, or while hunting.

F. The owner or keeper of domestic animals registered under a Kennel

Permit shall be required to produce documentation of the domestic animal registration upon request.

G. If there is a change of ownership of a domestic animal during the registration year, the new owner shall, within fifteen (15) days, have the current registration transferred to the new owner’s name.

H. No person shall use, or allow the use of, any domestic animal registration tag for an animal other than the animal for which the registration tag was issued.

I. Except as otherwise provided in this section, the owner or keeper of a domestic animal shall comply with the animal rabies vaccination requirements governed by the Centers for Disease Control and Prevention as described within 7AAC27.020(b).

J. Registration of cats is not required but is encouraged.

6.03.020 Kennel permit.

A. A City of Togiak Kennel Permit is required for domestic animal owners and keepers who have four (4) or more domestic animals. Failure by the owner or keeper to maintain an orderly, humane, and sanitary kennel may result in the suspension of the Kennel Permit. There is not a limitation to the number of years that any individual may hold a Kennel Permit.

B. All domestic animals registered within the Kennel Permit must comply with Section 6.03.010.

C. Kennel Permits will be issued by the City Manager or his/her designee which may include the Chief of Police, Community Service Officer or Agent upon determination that the kennel will not create a public nuisance or threat to public safety.

D. A decision regarding a Kennel Permit may be appealed to the City Council. The City Council will, after public hearing, make a finding as to whether a permit may or may not be properly issued.

E. The Kennel Permit shall be issued for a period of thirty-six months (36) months from the date the permit was granted upon the condition

that under any change of three (3) or more animals the owner or keeper shall update the registered permit.

6.04 RESTRAINT

Sections:

6.04.010 Restraint—When.

6.04.020 Restraint—Where.

6.04.010 Restraint—When.

A. All animals allowed outside the confines of their owners’ or keepers’ homes or property and not under the direct physical control or command of their owner or keeper shall be securely restrained by means of chain, harness, or leash.

B. It is unlawful to maintain an animal with a known infectious or contagious disease without proper and adequate care and confinement.

C. It is unlawful for any person, other than a peace officer in the performance of duties, to release an animal from restraint without the consent of the animal’s owner or keeper, except to preserve the animal’s life or prevent injury.

D. It is unlawful for any person to release an animal from quarantine, other than a peace officer in the performance of duties and/or the animal’s owner or keeper to prevent injury, and only if in compliance with the restraint requirements in Section 6.14.020.

E. In the event of an area wide quarantine, except as otherwise provided in Section 6.15.020, the owner or keeper shall be required to comply with 7AAC27.020(a).

6.04.020 Restraint—Where.

A. Unless restricted under quarantine, animals shall be controlled:

(1) By leash or harness within parks, city property, sidewalks, downtown, parking lots, public paths, public streets or roads, and playground areas.

(2) By leash, harness, or command on open spaces and trails (including winter trails).

B. If an animal is restricted under quarantine, owner or keeper shall

control the animal in compliance with Section 6.14.020(1).

6.05 ANIMAL CONTROL

Sections:

6.05.010 Animal control center.

6.05.020 Community Service officers and agents.

6.05.010 Animal control center.

A. The city shall maintain an animal control center under the direction of the City Administrator.

B. The animal control center may keep animals which the Police Chief or Agent 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 control center.

6.05.020 Community Service Officers and agents.

A. A person designated by the Mayor or City Administrator, as Community Service Officer may be responsible for domestic animal registration, rabies vaccinations, investigation of animal bites, complaints, maintaining the animal control program and the animal control center, enforcement and issuance of civil citations, and the destruction and disposal of vicious or unwanted domestic animals.

B. Police officers shall also have the authority to enforce and issue

civil or criminal citations or complaints for violations of this Title, and may be responsible for the investigation of animal bites, complaints, impoundment and impoundment documentation, and the destruction and disposal of vicious or unwanted domestic animals.

6.06 SALE OF ANIMALS

Sections:

6.06.010 Unweaned and diseased animals.

6.06.020 “Free” animals.

6.06.010 Unweaned and diseased animals.

A. It is unlawful to sell an animal that the seller knows, or has

reason to know, is diseased, injured or otherwise physically defective without first disclosing to the buyer the nature of the disease, injury or defect.

B. It is unlawful to sell or purchase an unweaned animal.

6.06.020 “Free” animals.

A. It is unlawful to give away unweaned animals in businesses, on corners, downtown, public places, or city property.

(1) If a child of fifteen (15) years or younger is found

giving away unweaned animals, the parent or guardian of the child shall be held responsible. If a person is found giving away unweaned animals within a business, the business shall also be held responsible for the violation.

B. If the health and safety of the animal mother is jeopardized, leaving the care and protection of the unweaned animals to the owner or keeper, and in order to preserve the unweaned animals life and/or to prevent injury to the unweaned animal, the owner or keeper may give the

unweaned animals away.

6.07 ANIMAL BEHAVIOR

Sections:

6.07.010 Animals creating disturbance or nuisance.

6.07.020 Dangerous animals.

6.07.030 Vicious animals.

6.07.010 Animals creating disturbance or nuisance.

A. It shall be unlawful for any animal owner or keeper to permit it to disturb the public’s health, safety or comfort by allowing the animal to make chronic animal noise.

(1) The Police Chief, Community Service Officer or Agent may, upon receiving a complaint alleging chronic animal noise, investigate and, if necessary, issue a warning notice to the animal owner or keeper. The notice shall contain:

a. The definition of chronic animal noise.

b. The nature and times of complaint.

c. Penalties for the violation.

d. A description of the means and methods suggested to and/or agreed upon with the owner for curtailing the problem.

e. Time permitted to comply with the notice.

(2) If the violation continues after the time permitted by the notice to comply, a citation may be issued in accordance with section (3) below.

(3) Citations for chronic animal noise shall only be issued upon one of the following:

a. A complaint sworn by two or more persons living at different addresses, one of whom must be the original complainant, in the immediate neighborhood of the animal making the chronic noise and after completion of an investigation by Police Chief, Community Service Officer or Agent indicates that a citation is appropriate; or

b. A complaint sworn by one person living in the immediate

neighborhood of the chronic noise where additional date

and time specific evidence is provided and after com-

pletion of an investigation by Police Chief, Community

Service Officer or Agent indicates that a citation is

appropriate.

B. No owner or keeper of an animal shall permit the animal to

defecate upon, to dig upon, injure or destroy public property or a public thoroughfare.

C. No owner or keeper of an animal shall permit the animal to

defecate upon, to dig upon, injure or destroy private property without the permission of the property owner.

D. No owner or keeper of an animal shall permit it to upset, disturb,

or place garbage on public or private property.

6.07.020 Dangerous animals.

A. The Police Chief, Community Service Officer or Agent has the authority to determine whether any animal has engaged in the behaviors specified in this section, thereby deeming the animal dangerous.

B. It shall be unlawful for any owner or keeper to permit it to:

(1) Growl, snap at, jump upon, or otherwise menace, injure, or

frighten persons or other animals; provided that this subsection shall not apply if the person or animal is trespassing or otherwise acting in violation of the law.

(2) Chase, run after, or jump at vehicles or persons using the public thoroughfares within the city limits.

C. A person who owns or is in lawful possession of property upon

which there is an animal who acts in the manner described in subsection B above, or who observes an animal who acts in the manner described in subsection B above, on public property or a public thoroughfare may take the animal into custody and hold the animal pending transfer to the Police Chief, Community Service Officer or Agent; provided no animal may be held in such private custody for more than twenty-four (24) hours. A person who takes an animal into custody under this subsection shall:

(1) Immediately call the Police Chief, Community Service Officer or Agent to request a pick up of the animal.

(2) File a written witness statement with the Police Chief, Community Service Officer or Agent, describing the incident.

D. Any animal who acts in the manner described in subsection B above,

may be immediately impounded by the Police Chief, Community Service Officer or Agent. The Police Chief, Community Service Officer or Agent shall take the written witness statement of the person holding the animal or the written witness statement and may issue to the owner or keeper of the dangerous animal a citation or warning to comply.

6.07.030 Vicious animals .

A. Any animal which bites a person or animal without provocation, or which, by its actions, gives indication that it is able to bite any person or animal without provocation, shall be deemed vicious.

B. Any animal who bites a person or animal without provocation and is

currently vaccinated, shall be immediately quarantined for no less than ten (10) days at the expense of the owner. A date of euthanasia for the animal shall be scheduled for no less than forty-eight (48) hours after completion of quarantine.

C. Any animal who bites a person or animal without provocation and is

unvaccinated, shall be immediately impounded and quarantined for no less than ten (10) days at the expense of the owner or keeper, and the owner or keeper may be found in violation of Chapter 6.13, subject to fees and/or fines established within sections 6.16.010 and 6.16.020, and to comply with Chapter 6.14. Before completion of quarantine, the owner or keeper will be given a written notice of the date of euthanasia. A date of euthanasia shall be scheduled for no less than forty-eight (48) hours after completion of quarantine.

D. Vicious animals shall be euthanized, as established in Section 6.11.010, by the Police Chief, Community Service Officer or Agent not less than forty-eight (48) hours after providing actual written notice to the owner or keeper of the dog, by hand delivery to the owner or keeper, or by posting at the last known residence of the owner or keeper. Such notice shall advise the owner or keeper of the following:

(1) planned time of euthanization of the animal,

(2) that said animal will be impounded and/or quarantined

immediately upon issuance of notice,

(3) that the owner or keeper has an opportunity to be heard

before the Mayor, City Administrator designee, should they wish to appeal the Police Chief, Community Service Officer’s or Agents determination that the animal is vicious.

E. The issues to be considered at any appeal hearing shall be limited to the following:

(1) Whether the animal bit a person or domestic animal;

(2) Whether the animal caused damage to property;

(3) Whether the bite or damage was without provocation;

(4) Whether the animal by its actions, gave indication that it is able to bite any person or animal without provocation.

F. The owner or keeper of an animal deemed vicious has the option to have said animal euthanized by someone of their choosing (i.e., veterinarian, close acquaintance, etc.), providing proof of date, time, and location to the Police Chief, Community Service Officer or Agent of said euthanasia.

G. Animals whose owner or keeper cannot be identified or located by the Police Chief, Community Service Officer or Agent shall be impounded and quarantined for no less than ten (10) days before being euthanized. If during said quarantine the owner or keeper becomes known, or a person claims to be the owner or keeper, that person shall be provided notice pursuant to Subsection D of this section.

H. Any animal deemed vicious and reasonably suspected of being rabid may, at the discretion of the Police Chief, Community Service Officer or Agent, be euthanized, before completion of quarantine and without notice to the owner or keeper.

6.08 ANIMAL CARE

Sections:

6.08.010 Animal Cruelty.

6.08.020 Protective Custody.

6.08.010 Animal Cruelty. It shall be unlawful for a person to:

(1) Neglect an animal by failing to give the animal that degree of care which a person of ordinary prudence would give under the same circumstances. The care should be consistent with or dictated by the animal’s normal requirements;

(2) Wound, injure, torment, poison, provoke or otherwise physically abuse an animal; or

(3) Kill or injure any animal, unless such act is lawful hunting or is necessary to defend a human being or other animal from immediate attack, or as otherwise provided in Chapter 6.11, Section 6.14.010, and Section 6.15.010.

6.08.020 Protective Custody.

A. The city Police Chief, Community Service Officer or Agent shall have the discretion to decide if any animal subjected to cruelty as described in Section 6.08.010, may be taken, impounded and/or quarantined, in which case said animal shall be deemed in protective custody.

B. Custody of the animal may not be regained by the owner or keeper while a prosecution for cruelty is pending. The owner or keeper may be subject to fees and/or fines for duration of impoundment and/or quarantine described in Sections 6.16.010 and 6.16.020.

C. Upon a defendant’s conviction for cruelty under this title or AS11.61.140, the court may order that the defendant forfeit ownership, custody, and control of the animal which was the subject of the cruelty.

D. Unless otherwise ordered by the court, the owner or keeper of an animal impounded pursuant to this section may redeem the animal as provided in Chapter 6.03 after completion of the prosecution.

6.09 IMPOUNDMENT

Sections:

6.09.010 Terms.

6.09.020 Impoundment fees.

6.09.030 Unlawful release of impounded animals—Penalty.

6.09.010 Terms

A. Unidentified animals found to be in violation of this Title

may be impounded and immediately destroyed by the Police Chief, City Police Officer, Community Service Officer or Agent at the discretion of the Police Chief, or;

B. At the discretion of the Police Chief, an unidentified animal may be held at the animal control center for a five (5) day period. If not claimed by the owner or keeper by the expiration of said five day period, the animal shall become the property of the city and may be destroyed at the discretion of the Police Chief, Community Service Officer or Agent.

C. Identified animals found to be in violation of this Title and found not restrained may be taken to the owner or keeper or impounded at the animal control center. A reasonable attempt will be made to notify the owner or keeper by phone, in person, or by letter that their animal is being held at the animal control center. Identified animals not claimed by the owner or keeper by the expiration of said five day period shall become the property of the city and may be disposed of at the discretion of the Police Chief, Community Service Officer or Agent.

D. Abandoned or unwanted animals brought to the animal control center by citizens for impoundment may or may not be accepted for impoundment by the City. Upon acceptance, such animals shall become the property of the city and may be disposed of at the discretion of the Police Chief, Community Service Officer or Agent.

E. Any animal suspected of having rabies and/or that has bitten a human must be impounded in the animal control center and/or quarantined and disposed of in accordance with Section 6.13.020.

6.09.020 Impoundment fees.

A. The owner of an impounded animal shall be subject to a pick up fee plus an impoundment fee and may be subject to additional fines noted in Section 6.16.020. Said fee shall be imposed on a daily basis commencing twenty-four hours after the time of impoundment. Before the animal may be released, the owner or keeper shall pay all fees and fines subject to refund and shall register the animal with the city.

6.09.030 Unlawful release of impounded animals—Penalty. It is unlawful for any person to:

(1) Open a vehicle being used to transport animals to the

animal control center; open the doors of the animal control center; or

open or tamper with the doors of a live trap with the intent of allowing impounded animals to escape; or

(2) Tamper or intentionally, recklessly, or with criminal negligence interfere with equipment or the use of equipment in the performance of any duty under this title. Such person or persons, upon conviction, shall be subject to the penalty established in DMC1.20.

6.10 ADOPTION

6.10.010 Adoption requirements.

A. A person may adopt an animal that is held in the care and custody of the city and/or animal control center no sooner than five (5) days after the date of impoundment unless the city has received a release from the owner. They shall pay the adoption fee established under Section 6.16.010.

B. If the person interested in adoption had been previously registered to the potential adoptee or known to have been the keeper of said animal, the person upon adoption shall pay all applicable fees and penalties established in Section 6.16.010.

6.11 EUTHANASIA

6.11.010 General.

A. The following animals may be euthanized at any time:

(1) An animal exhibiting symptoms of a major infectious or

contagious disease, as determined by a licensed veterinarian if available, that is a danger to the health and safety of the public or other animals within the city.

(2) An animal that in the judgment of the Police Chief,

Community Service Officer or Agent is injured or suffering to the extent that it should be euthanized for humane reasons. When possible the opinion of a licensed veterinarian will be obtained prior to euthanasia under this subsection.

(3) An animal deemed dangerous or vicious.

(4) An animal, not the subject of a pending hearing or court

decision, and who poses an unreasonable risk of physical injury and/or is deemed dangerous or vicious.

(5) An adoption eligible animal, remaining unadopted following

expiration of the five (5) minimum term of availability specified in Chapter 6.09.010.

(6) Any unidentified animal at the discretion of the Police Chief.

B. Euthanasia of an animal shall be accomplished humanely by the Police Chief or his designee or by a licensed veterinarian, or a technician trained and certified under the “Permit For Use of Drugs To Euthanize Domestic Animals” as specified in AS08.02.050.

C. The Police Chief, Community Service Officer shall maintain a list of animals euthanized including a description of the animal and the condition for euthanasia, available for review by the general public.

D. The owner or keeper of a domestic animal who asks that his animal be euthanized or surrendered to the city at the discretion of the Police Chief will be accepted. Upon acceptance by the Police Chief, the owner or keeper shall sign an “Owner Release” waiver, and pay the appropriate fees established in Section 6.16.010 at the time of relinquishment.

E. In all cases, if the animal has traceable identification or the animal owner or keeper is known, a reasonable effort shall be made to contact the owner or keeper prior to euthanasia unless said notice is not required by this Title or unless the animal is suffering unduly.

6.12 WOLF HYBRIDS

Sections:

6.12.010 Possession of wolf hybrids.

6.12.020 Vaccination of wolf hybrids.

6.12.010 Possession of wolf hybrids.

No person shall own, possess, keep, maintain, harbor, transport, sell or advertise for sale any wolf hybrid within municipal boundaries except as provided under 5AAC92.030.

6.12.020 Vaccination of wolf hybrids.

Until an approved USDA rabies vaccination is available for wolf hybrids, any wolf hybrids that bites a human shall be immediately euthanized and its head submitted for rabies testing.

6.13 ANIMAL BITES

Sections:

6.13.010 Reporting animal bites required.

6.13.020 Disposition of animals biting or suspected of having rabies.

6.13.010 Reporting animal bites required. As provided by Alaska Statutes.

6.13.020 Disposition of animals biting or suspected of having rabies.

A. Any animal that has bitten a person shall be quarantined. Animals that have been exposed to an animal that has bitten a person may also be quarantined.

B. If a Police Chief, Community Service Officer or Agent reasonably suspects an animal to have rabies, s/he shall cause that animal to be impounded and quarantined immediately and/or euthanized in accordance with Chapter 6.11.

C. An unvaccinated animal that has been bitten by an animal diagnosed as rabid shall be euthanized immediately.

D. If a bitten animal has a current rabies vaccination, the animal shall be re-vaccinated immediately and quarantined and, except as otherwise provided in this section, shall comply with the standard requirements for animal rabies vaccination in 7AAC27.020(c).

6.14 QUARANTINE OF INDIVIDUAL ANIMALS

Sections:

6.14.010 Quarantine required.

6.14.020 Conditions of quarantine.

6.14.030 Payment of costs.

6.14.010 Quarantine required.

A. The city Police Chief, Community Service Officer or Agent, subject to the notice requirements of this Title, shall have the sole discretion to decide if

any quarantined animal is to be destroyed or held and, if it is held, at what location and for how long it shall be held.

B. The Police Chief, Community Service Officer or Agent shall have the sole discretion to decide whether the owner or keeper of the animal is in a position to provide a safe and secure place for the animal.

C. Any animal that has bitten a person shall be immediately impounded and quarantined in accordance with the standards provided in 7AAC27.020(c) (1) and (2) and/or otherwise provided in this Title.

D. Any animal that is bitten by a rabid animal must be immediately impounded and quarantined according to the standards provided in 7AAC27.020(4).

E. Any animal under quarantine found to be at large or capable of

coming into contact with other animals, shall be surrendered and/or

euthanized under the discretion of the Police Chief, Community Service Officer or Agent.

F. The owner or keeper of an animal found to be at large or coming into contact with other animals while under quarantine, shall be subject to additional fines under Section 6.16.020 and/or impound fees for the duration of the quarantine term.

6.14.020 Conditions of quarantine.

(1) Subject to subsections (2) and (4) below, every

quarantined animal not kept in an animal control center will be kept in a secure enclosure such as a house, closed garage, other building or basement, and a quarantine sign shall be posted so that it is visible from the outside of the property. If the animal is taken outside to relieve itself, it must be on a

leash held by a competent person fifteen (15) years or older and must be returned to the enclosure immediately. The owner or

keeper shall inform the Police Chief, Community Service Officer or Agent where the animal is being kept.

(2) An animal shall remain quarantined until released, in

writing, by the Police Chief, Community Service Officer or Agent. No other person may release an animal from quarantine. The Police Chief, Community Service Officer or Agent may require that an animal be inspected before releasing it from quarantine.

(3) If the animal should become sick, die or escape, the Police Chief, Community Service Officer or Agent shall be notified immediately. If the animal is sick or dying, it shall not be removed from quarantine.

(4) No person may remove a quarantined animal from the municipality without notifying the Mayor or City Administrator in writing at least two business days before the intended removal and obtaining the Mayor’s or City Administrator’s written consent.

(5) The Police Chief, Community Service Officer or Agent may direct that a quarantined animal be quarantined at the animal control center. An animal with no proof of current rabies vaccination shall be quarantined at the animal control center.

6.14.030 Payment of costs. An animal under quarantine may be reclaimed by the keeper if determined to be free of rabies upon payment of any expenses incurred for the quarantine, unless the animal is a dog that has been classified as dangerous and has been ordered quarantined pending a hearing on its classification as provided in Section 6.07.020 or has been classified as vicious and ordered to be destroyed as provided in Section 6.07.030.

6.15 INCIDENCE OF RABIES

Sections:

6.15.010 Handling requirements.

6.15.020 Area wide quarantine.

6.15.010 Handling requirements.

A. The city Police Chief, Community Service Officer, under the direction of the City Administrator, shall cooperate with other agencies in establishing a rabies control program for the city.

B. All persons shall report to the Police Chief, Community Service Officer or Agent any suspected or positively diagnosed occurrence of rabies as soon as such occurrence becomes known to the person.

C. No person may kill any suspected or confirmed rabid animal or an

animal subject to quarantine except to defend a human being from death or bodily injury, unless otherwise provided in this title.

D. Any loose animal suspected of rabies, running at large uncontrolled and evading attempts to be caught shall be shot by the Police Chief, Community Service Officer or Agent and the head sent to the appropriate laboratory for examination of rabies disease.

E. Only the Police Chief, Community Service Officer or Agent may remove the carcass of any suspected or confirmed rabid animal from the location where the animal was killed or found.

F. The carcass of an animal suspected of being rabid shall upon demand be surrendered to the Police Chief, Community Service Officer or Agent or to the Department of Health and Social Services.

7.15.020 Area wide quarantine.

A. When there has been a positive diagnosis of rabies within the city, the Mayor, City Administrator or designee may declare an area wide quarantine for such period of time as determined necessary and there shall be no animals transported, taken, or removed from the city without the prior written consent of the Mayor, City Administrator or designee.

B. Except as otherwise provided in this section, every owner or keeper shall confine his or her animal in accordance with Section 6.14.020 and the standards set forth in 7AAC27.020(a) and 7AAC27.030.

6.16 FEES, FINES, AND FAILURE TO COMPLY

Sections:

6.16.010 Fees.

6.16.020 Additional fines.

6.16.040 Failure to comply to notice of infraction of this Title.

6.16.010 Fees.

ADOPTION FREE

PLUS

REGISTRATION is valid one year after date of purchase and fees reflect per year.

Unsterilized animal and cats FREE

Sterilized animal and cats FREE

Duplicate tags 5.00

PICK-UP

Unregistered Animal and cats 50.00

Registered Animal and cats 10.00 PLUS

IMPOUND Per day, from the time of impoundment. 25.00

KENNEL PERMIT new, extended, or re-issued. Free

OWNER RELEASE 25.00

EUTHANIZE or request for. 75.00

6.16.020 Additional fines.

A. A person who violates a provision of this title, or city regulation promulgated under this title may be subject to the following:

1. First time violation: fifty (50) dollars

2. Second time violation: seventy-five (75) dollars.

3. Third time violation: one hundred (100) dollars.

4. Fourth time violation: one hundred twenty-five (125) dollars.

5. Fifth time violation: one hundred fifty (150) dollars.

After the fifth time violation, one hundred fifty (150) dollars each time. In addition to this fine, the city or court shall impose a surcharge of ten dollars ($10) as required by AS 12.55.039(a)(4).

6.16.030 Allocation of fees.

A. Those fees and fines obtained by the City of Togiak through registration, adoption, and/or Title 6 violations of animals, may, subject to annual appropriation therefore, be allocated to events organized to

educate, encourage, and provide opportunity for vaccination and sterilization of animals for Togiak residents.

B. A program for educating and enhancing Togiak resident’s ac-

cess to vaccination and sterilization opportunities may be coordinated by the Police Chief, Community Service Officer or Agent. Events may include but not be limited to spay/neuter clinics and printed or recorded public information.

6.16.040 Failure to comply to notice of infraction of this Title.

A. It is unlawful for any person to refuse or intentionally fail to

comply with a notice of infraction of this Title.

B. Any animal found in violation of this title may be impounded and/or

quarantined and the owner or keeper subject to pay fees and/or fines in Sections 6.16.010 and 6.16.020.

C. Allowing a dangerous or vicious animal to continue the acts upon which it was found in violation within twenty-four (24) hours of a warning or citation is a refusal or intentional failure to comply with a notice of infraction of this Title.