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HomeMy WebLinkAboutOrd1985-532 . . . - ~ CITY OF SEWARD, ALASKA ORDINANCE NO. 532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 4 OF THE SEWARD CITY CODE RELATIVE TO ANIMAL CONTROL THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code, Section 4-1, paragraph number 5, is amended to read as follows: License Collector. The license collector shall be the chief of police, and shall include the person designated by him to act in his behalf. Section 2. Seward City Code, Section 4-3, is amended to read as follows: Sec. 4-3. Impoundment of animals--Authorized. The chief of police, and all police officers and other persons employed to perform any of such duties, are hereby authorized and em- powered to take up and impound any animals running at large in violation of the provisions of this chapter, and to keep such animals confined in the city pound, or at such other place as the chief of police may provide, for not less than five days, unless such animals be redeemed by payment of the cost in- curred. At the expiration of the five days, if the animal is not redeemed, the chief of police shall be deemed to have acquired jurisdiction over the animal and is hereby authorized to destroy or sell or to otherwise dispose the same. Section 3. Seward City Code, Section 4-18, is amended to read as follows: Sec. 4-18. Same--Disposition of unredeemed animal. At the expiration of five days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by him; provided, that the chief of police is hereby au- thorized to sell any unredeemed animal upon the purchaser paying all accruing pound fees, together with the license for such animal for the current license year. Provided further, that upon such sale a license shall not be required if the animal is immediately removed from the city. Section 4. Seward City Code, Section 4-24, is amended to read as follows: Sec. 4-24. Running at large--Public parks or school grounds. All animals shall be kept under restraint either by a leash or by being kept in an enclosure. An animal shall be considered -1- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 532 to run at large if it is not restrained by a leash or enclo- sure. Section 5. Seward City Code, Section 4-25, is amended to read as follows: Sec. 4-25. Same--Streets, alleys, etc. No person owning, keeping, harboring or having control of any such animal shall permit such animal to run at large upon any public street, alley or any other public place within the city, and no person shall permit any animal to be upon any public street, alley or other public place within the city, unless such an animal is kept under the control of the person owning, harboring or having charge or control of the same. Section 6. Seward City Code, Section 4-27, is amended to read as follows: Sec. 4-27. Same--Private Property; nuisances; impoundment authorized. No person owning, harboring or keeping any animal shall permit the same to trespass or be upon any private property of any person without the consent of, or to the annoyance of such person. Any animal permitted to run at large or be upon the public streets, alleys or on any public property in the city not under the control of some person, and any animal trespassing or being upon private property of another person without the consent of, or to be a nuisance, and any such animal found to be running at large or being upon any public street, alley or public place within the city, or upon private property contrary to the provisions of this section, may be impounded in the city pound and disposed of under the provisions of this chapter. If a current tag issued by the license collector of the city from which the owner can be ascertained is found on the collar of the animal, its owner shall be notified immediately in writing that the animal has been impounded. Section 7. Seward City Code, Section 4-28, is amended to read as follows: Sec. 4-28. Same--Disposition of impounded animals. At the expiration of five days, if the animal mentioned in the preceding section is not redeemed, the chief of police shall be deemed to have acquired jurisdiction over such animal, and he is hereby authorized to destroy or to sell or to otherwise dispose of same, and any proceeds derived therefrom shall accrue to the city, to be deposited in its general fund. Section 8. Seward City Code, Section 4-29, is amended to read as follows: -2- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 532 Sec. 4-29. Citation of owner in lieu of impounding. In lieu of seizing and impounding any animal found to be running at large, in or upon any public street, sidewalk, alley or public place, or trespassing or being upon any private property to the annoyance of any person, or kept or maintained in violation of any of the provisions of this chapter, the chief of police may issue a citation to the owner or harborer of any such animal, fixing time and place not more than five days from the date of issuance of the citation directing the owner or harborer of any such animal to appear before the judge of the magistrate's court, to show cause why such person should not be punished as provided in this Code for causing or permitting such animal to run at large, or be upon private property contrary to the provisions of this chapter, or for any other violation of this chapter, and to show cause why such animal should not be destroyed, unless such owner or harborer makes adequate provisions for the control of the animal as required by the provisions of this chapter. Upon a third offense, any such animal may be ordered to be summarily destroyed. If such citation is issued as a result of a complaint made by any person against the owner or harborer of any animal, a notice in writing may also be given to the person making such complaint, notifying him to appear at the time and place stated in the citation, to verify the complaint. Section 9. Seward City Code, Section 4-30, is amended to read as follows: Sec. 4-30. Summary destruction. In the event that the owner or harborer of any animal found running at large on the public streets, alleys or other public places in the city, or upon private property, to the annoyance of any person, cannot be ascertained, after due diligence, and the animal cannot be seized by ordinary means so that it may be impounded at the city pound, then such animal may be summarily destroyed by the chief of police. Section 10. read as follows: Seward City Code, Section 4-31, is amended to Sec. 4-31. Retention of an animal without owner's consent. No person, without the consent of the owner thereof, shall hold or retain possession of any animal of which he is not the owner, for a longer period than twenty-four hours, unless such person shall within such twenty-four hour period report the possession of such animal to the chief of police, giving his name and address, and a true description of the animal. Section 11. read as follows: Seward City Code, Section 4-32, is amended to -3- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 532 Sec. 4-32. Limitation of number of animals permitted to be kept. No person shall keep more than three animals in any place in the city except a kennel or animal hospital duly authorized for operation under this Code, within two hundred fifty feet of any dwelling house used or occupied by human beings, other than the dwelling house belonging to the owner of such animals. Section 12. read as follows: Seward City Code, Section 4-33, is amended to Sec. 4-33. Antirabies vaccination--Required. It shall be unlawful for the owner of any animal to keep or maintain in the city any animal over the age of six months, unless it shall have been vaccinated by a licensed veterinary surgeon with antirabies vaccine, within two years preceding the date on which such animal is kept or maintained. As used herein, "antirabies vaccine" means chick embryo modified live virus antirabies vaccine. Section 13. read as follows: Seward City Code, Section 4-35, is amended to this AYES: NOES: ABSENT: ABSTAIN: Sec. 4-35. Pound and feeding fees. The city shall collect a twenty-five dollar pound fee, plus three dollars and fifty cents per day for feeding each animal so impounded, plus any license fees due according to the provisions of Section 4-10. The pound fee shall be fifty dollars for the second impound- ment of the animal within a calendar year under the provisions of this article; the pound fee shall be one hundred dollars for the third such impoundment within a calendar year. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, 28 day of January , 19 85 SEWARD, ALASKA Cripps, Hilton, Meehan, Simutis, Williams & Wilson None Gillespie None -4- . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 532 ATTEST: (City Seal) Introduced by: Introduction date: Public Hearing & Enactment Date: . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 7~~~ Fred B. Arvidson, City Attorney City Manager 01/14/85 01/28/85 -5-