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HomeMy WebLinkAboutOrd1966-352 THE CITY OF SEWARD OaDINANCE NO. 352 AN ORDINANCE OF THE CITY OF SEWARD PROVIDING FOR THE CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS SECTION 1 - DEFINITIONS t~enever in this Chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to them in this Section, unless it is apparent from the context thereof that some other meaning is intended. "Dog" - Any dog, whether male, un spayed or spayed female dog. "Vicious Dog" - Any dog which has bitten a person or animal without provocation, or which has a disposition or propensity to attack or bite any person or animal without provocation, or which habitually runs after moving vehicles, including bicycles, or which habitually does any other act which reasonably endangers the comfort, health or safety of any persons, or which habitually injures or destroys property, is hereby declared to be a vicious dog. "License Collector" - The license collector shall be the City Clerk of The City of Seward, Alaska, and shall include the person or persons designated by him to act in his behalf. "License Year" - A license year shall commence on July land shall end on June 30 of each year. "Kennel" - Any lot, building, structure, enclosure or premises whereon or wherein four or more dogs may be kept. "Quarantine" - The isolation of a dog or any other domestic animal in a substantial enclosure so that the dog or domestic animal cannot be subject to contact with other animals or unauthorized persons. "Chief of police" - The Chief of Police and all Police officers and other persons employed to perform any of such duties. SECTION 2 - INTERFERENCE WITH ENFORCEMENT OF CHAPTER PROHIBITED No person shall interfere with, oppose or resist the Chief of Police in the performance of his duties as herein provided. SECTION 3 - LICENSE FEES - DOGS There is hereby levied an annual license fee of $2.50 for -1- r rr.~le dogs and spayed female dogs and $5.00 for un spayed female dogs, owned or harbored within the City of Seward. Any person owning or harboring any dog within The City of seward shall pa~ such license fee. The license fee shalt be due and payable on the 1st day of July of each year. Any person who fails or neglects to pay the said license fee on or before the 1st day of August of each year, as said license fee becomes due, shall be deemed delinquent unde~ the fb~egoing provi- sion and shall pay 100% penalty in addition to the presc~ibed lio~nse fee for the license. Any person who comes into ownership or commences to harbor a dog within The City of Seward after the 1st day of Jti1y of each year shall, within thirty (30) days after such time, obtaih a license as herein provided for the remainder of the license year, in the full amount as provided in this Section. R~CTION 4 - LICENSE FEES - KENNELS Any person owning or operating any dog kennel, except kennels ke?t for veterinary care in this City shall pay for the privilege of operating such kennel, in lieu of the individual dog licenses pro- vided for in this Chapter, an animal license for such kennel as follows: For any kennel containing more than three (3) dogs and less than eleven (11) dogs, the sum of $50.00 per year or fraction thereof. For any kennel containing more than ten (10) dogs, the sum of $100.00 per year, or fraction thereof. The kennel license shall be due and payable in advance on the 1st day C'f J'L,J" of each and ('we.ry year. SECTION 5 - COLLECTION OF LICENSE FEES, LICENSE TAGS, DUPLICATES FOR LOST TAGS The license collector shall, and it is hereby made his duty to, see that the licenses from every owner or harborer of dogs required to be licensed, and from every person operating a kennel within The City of Seward, are paid. The license fee shall be paid to the license collector, and the license collector shall issue a tag for each dog licensed. Upon the tag shall be the stamped words and -2- r- numerals showing the license year for which the same is issued. The tags shall also be serially numbered. Replacements for lost license tags may be procured from the license collector upon proof of loss and payment of 25i. The license collector shall keep a register in whiCh he shall enter the name of the owner or harborer of each dog for which a license is paid, together with the date and number of the tag issued. SECTION 6 - DOGS NOT TO BE KEPT UNLESS PROPERLY TAGGED No person owning, harboring or having charge or control of any dog shall keep, maintain or allow such dog to be within the City unless there be attached to such dog a collar on which there shall be attached a tag for the then current license year obtained from the license collector upon payment of the license levied by this chapter. SECTION 7 - LICENSE TAGS, ATTACHMENT TO DOG OTHER THAN ONE FOR WHICH ISSUED No person shall attach any current license tag to any dog other than the dog for which the tag was originally issued. SECTION 8 - REMOVING OR COUNTERFEITING LICENSE TAGS PROHIBITED No person, other than the owner, shall remove from any dog any tag attached to such dog under the provisions of this chapter, or counterfeit or imitate any tag or attach a counterfeit or imitation tag to any dog, or possess such tag. SECTION 9 - PERSON CONTROLLING DOG RESPONSIBLE FOR TAGGING No owner or harborer of any dog shall fail or neglect or refuse to obtain a license for such dog and no person operating a kennel shall fail, neglect or refuse to obtain a license thereof as herein provided. SECTION 10 - DOGS RUNNING AT LARGE IN PUBLIC PARKS OR SCHOOL GROUNDS No owner, harborer, or person in charge of, or in control of any dog shall permit such dog to run at large in any public park or upon any school grounds. SECTION 11 - IMPOUNDING OF UNTAGGED DOG1 HOLDING PERIOD It is hereby made the duty of the Chief of Police to take up and impound all dogs found in the streets or public places within the City -3- without a tag as provided in this Chapter, and to keep each dog so taken up and impounded for not less than seventy-two (72) hours in the city Pound, unless such dog be sooner redeemed by the payment of all Pound fees incurred, together with the production of the required tag. SECTION 12 - DISPOSITION OF UNREDEEMED, IMPOUNDED DOGS At the expiration of seventy-two (72) hours from the time the dog is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the Chief of Police or person desig- nated by him; provided, however, that the Chief of Police is hereby authorized to sell any unredeemed dog upon the purchaser paying all accruing Pound fees, together with the license for such dog for the current license year. Provided further that upon such sale a license shall not be required if the dog is immediately removed from the City. SECTION 13 - IMPOUNDED DOGS; INJURY; DISCLAIMER OF LIABILITY Neither the City, nor any of its officers, employees or agents shall be liable for any injuries suffered, or disease incurred, by any dog while taken up and impounded. SECTION 14 - REPORT OF VICIOUS DOGS; INVESTIGATION; SAFEGUARDS REQUIRED OF OWNER OR HARDORER; IMPOUNDING DOGS NOT ADEQUATELY CONTROLLED Whenever a dog suspected of being vicious is reported, the Chief of Police shall investigate the conditions of the dog's behavior, and if he finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this Chapter to constitute a vicious dog, he shall deliver in writing to the owner or harborer of such dog a statement of the facts and circumstances concerning the dog's behavior. He shall also order the owner or harborer of such dog to keep such dog in a substantial enclosure or securely held upon a chain or other adequate control, or if this restraint is impossible or impractical, such dog shall be impounded in the City Pound until such time as the owner or harborer of such dog shall make provisions satisfactory to the Chief of Police r for't:he retttraine of .,\IeA <log eit:her in a substanl:.ial enclosure or upon a chain or other adequate control. In the event that such owner or harborer shall fail to make provisions for adequate restraint or control of said dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that he will not be a menace within the City. SECTION 15 - DOG WITH PROPENSITY TO BITEr OWNER MUST POST WARNING SIGNr PENALTY FOR VIOLATION Whenever any such dog has a disposition or propensity to attack or bite any person or animal without provocation, the Chief of Police shall order the owner to post and keep posted upon the premises where such dog is kept under restraint as herein provided, in plain and conspicuous view, a notice in letters not less than two (2) inches in height, which shall contain the words: "Beware of Vicious Dog". Failure to obey such order in any respect as herein provided shall render such owner liable to prosecution for violation of this Chapter and shall render such vicious dog subject to summary destruction if found at large. SECTION 16 - DOGS MENACING CUSTOMER UTILITY SERVICE EMPLOYEESr PENALTY FOR FAILURE TO CONTAIN In the event that any person owns or harbors any dog which bites or attacks, or theatens to bite or attack, any meter reader, inspector, officer or employee of The City of Seward while in the performance of his duties as such, The City of Seward shall have the right to cut off all electric and water service to the premises where such dog is kept, and not resume the same until such dog is disposed of or confined in such a manner as to insure that it will not thereafter menace such meter reader, inspector, officer, or employee. SECTION 17 - DOGS RUNNING AT LARGE IN PUBLIC PLACES PROHIBITED No person owning, keeping, harboring or having control of any such dog shall permit such dog to run at large upon any public street, alley, or any other public place within the City, and no person shall permit any dog to be upon any public street, alley or other public -5- ~ place within the City, unless such dog is kept under the control of the person owning, harboring, or having charge or control of the same. SECTION 18 - DOGS RUNNING AT LARGE IN PUBLIC PLACES~ ON PRIVATE PROPERTY WITHOUT CONSENT OF OWNER~ NUISANCE~ IMPOUNDING No perso~ o~;ning, harboring or keeping any dog 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 dog 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 dog trespassing or being upon private property of another person without the consent of, or to the annoyance of such person, is hereby declared to be a nuisance, and any such dog 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 of Seward from which the owner can be ascertained is found on the collar of the dog, its owner shall be notified immediately in writing that the dog has been j.mpounded. SECTION 19 - DISPOSITION OF DOGS IMPOUNDED AS NUISANCE At the e}~piration of thr~e (3) days, if the dog mentioned in the preceding section is not redeemed, the Chief of Police shall be deemed to have 2cquired 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 20 - VIOLATION OF CI1APTER~ CITATION TO OWNER OR HARBORER IN LIEU OF IMPOUNDING~ NOTICE TO COMPLAINANT~ DESTRUCTION OF DOG AFTER THIRD OFFENSE In lieu of seizing and impounding any dog found to be running at large, in or upon any public street, sidewalk, alley or public place, or trespasning or being upon any private property to the -6- ~ 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 dog, fixing time and place not more than five (5) days from the date of issuance of the citation, directing the owner or harborer of any such dog 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 dog to run at large, or be upon private property contrary to the provisions of this Chapter, or for any other viola- tion of this Chapter, and to show cause why such dog should not be destroyed, unless such owner or harborer makes adequate provisions for the control of said dog as required by the provisions of this Chapter. Upon a third offense, any such dog 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 dog, 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 said complaint. SECTION 21 - DOGS WHICH ARE DECLARED A NUISANCE; WHEN SUMMARY DESTRUCTION ALLOWED In the event that the owner or harborer of any dog found run- ning 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 dog cannot be seized by ordinary means so that it may be impounded at the City Pound, then such dog may be summarily destroyed by the Chief of Police. SECTION 22 - RETENTION OF DOG WITHOUT OWNER'S CONSENT; REPORT OF CHIEF OF POLICE REQUIRED No person, without the consent of the owner thereof, shall hold or retain possession of any dog of which he is not the owner, for a longer period than twenty-four (24) hours, unless such person shall within such twenty-four (24) hour period report the possession of such dog to the Chief of Police, giving his name and address, and a -7- true description of the dog. SECTION 23 - VICIOUS DOG NOT TO BE ALLOWED AT LARGE No owner or harborer of any vicious dog shall permit such dog to be at large after he has been notified by the Chief of Police that the dog is vicious, or when he knows, or by the exercise of reasonable care should know, that such dog is a vicious dog. SECTION 24 - UNSPAYED FEMALE DOGS NOT TO BE ALLOWED AT LARGE WHEN IN HEAT No owner or harborer of any unspayed female dog shall permit or allow such dog to stray or run or be at large in or upon any public place while such dog is in heat or breeding condition. SECTION 25 - MAXIMUM NUMBER OF DOGS TO BE KEPT NEAR DWELLING OF ANOTHER No person shall keep more than three (3) dogs in any place in the City except a kennel or animal hospital duly authorized for operation under this code, within two hundred fifty (250) feet of any dwelling house used or occupied by human beings, other than the dwelling house belonging to the owner of said dogs. SECTION 26 - DEPOSIT OF FEES COLLECTED All license and Pound fees collected pursuant to this Chapter shall be paid into the General Fund of the City. SECTION 27 - ANTI-RABIES VACCINATION REQUIRED It shall be unlawful for the owner of any dog to keep or main- tain in the City any dog over the age of six (6) momths, unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine, within two (2) years preceding the date on which such dog is kept or maintained. As used herein, anti-rabies vaccine means chick embryo modified live virus anti-rabies vaccine. SECTION 28 - NO LICENSE TO ISSUE WITHOUT PROOF OF ANTI-RABIES VACCINATION No license shall be issued for any dog unless the owner pre- sents proof that the dog has been vaccinated with anti-rabies vaccine, as defined in Section 27 hereof, within twenty-four (24) months prior to the date of the application for such license. -8- r- SECTION 29 - LICENSE FEE EXEMPTION: NEWLY ANNEXED TERRITORIES In territories newly annexed to The City of Seward, no license fees as called for herein shall be required for dogs which are then licensed by the Kenai Peninsula Borough during the unexpired term of said license, but shall only be required from and after the ex- piration of any such Kenai Peninsula Borough license or licenses. SECTION 30 - POUND FEES: FEEDING FEES The City Clerk is hereby authorized to and shall collect for The City of Seward $2.50 Pound fees, plus $1.00 per day for feeding each dog so impounded, plus the City license for any dog that is placed in the Pound for failure to have a license, which dog is claimed by the owner. In case a dog is impounded for reasons other than failure to have a license, the City Clerk shall collect $2.50 for The City of Seward, plus $1.00 per day for feeding each dog so impounded, upon the release of said dog. SECTION 31 - POLICE EMPOWERED TO IMPOUND ANIMALS The Chief of Police, and all Police officers and other persons employed to perform any of such duties, are hereby authorized and empowered 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 three (3) days, unless such animals be redeemed by payment of the cost incurred. At the expiration of the three (3) 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 to sell or to otherwise dispose of same. SECTION 32 - RBMOVAL OF ANIMALS FROM THE CITY POUND: PERMISSION REQUIRED No person shall remove or attempt to remove any dog or other animal which is impounded in the City Pound without first receiving permission from the Chief of Police to do so. SECTION 33 - ANIMAL BITING PERSON OR ANIMAL: WHEN CITIZEN MAY KILL No person shall kill or maim any animal which is known to have -9- r- bitten any person or animal unless permission and consent to do so has been granted by the Chief of Police. Nothing in this Chapter shall be construed to prohibit the killing of a dog or other domestic animal where such destruction is necessary for the protection of life and limb, or for the pur- pose of preverting a further attack. One of the purposes for the enactment of this section is to enable the Chief of Police to observe all dogs and other animals which have bitten any person or animal in order to determine whether the same are infected by rabies or other disease. SECTION 34 - REMOVAL OF QUARANTINED ANIMALS FROM PLACE OF CONFINEMENT; CONSENT REQUIRED No person, either by himself or agent, shall remove from the City Pound or any veterinary hospital, or from any other place, any animal which has been quarantined without consent of the Chief of Police. SECTION 35 - RABID ANIMALS; QUARANTINE; REPORT TO HEALTH OFFICER; SEIZURE (A) It is the duty of the Chief of Police to immediately quarantine for observation any dog or other animal infected with rabies or believed to be infected with rabies. (B) If, upon examination, the Chief of Police and/or City Health Officer shall determine that any dog or any animal is afflicted with rabies, he may cause such dog or other animal to be immediately destroyed; provided, however, when any dog or animal shall be known to have bitten, scratched or otherwise exposed any person, it shall be kept under observation until the death of such dog or animal, or for fourteen (14) days. (C) It shall be the duty of the Chief of Police to promptly notify the State Health Officer of the location and description of the dog or other animal having rabies or suspected of having rabies; also to supply the State Health Officer with the names and addresses of the persons who have been bitten, scratched, or had any contact with the suspected animal. -10- ~ (n) No dog or other animal which has had an illness which was suspected of being rabid shall be released from quarantine except upon the written authorization of the Chief of Police and/or City Health Officer. (E) Any dog or other animal having been bitten orpcesumed to have been bitten by a rabid animal, or any animal bitten by an animal which presumptively was rabid, shall be quarantined by the Chief of Police for three (3) months: provided, however, any animal the owner of which is not known, when such animal has been bitten or presumed to have been bitten, by a rabid animal, or when such animal was bitten or presumed to have been bitten by an animal which presumptively was rabid, such animal shall be destroyed after a fourteen (14) day quarantine period has been observed. (F) All quarantines shallbe effective either on the premises of the owner or harborer or person having custody, control or possession of such animal, if practicable, or at the City Pound. If the Chief of police determines that such animal can be best observed in quarantine by being placed in the city Pound, he may transfer and keep such animal in the City pound. The owner, harborer, or person having control or custody or possession of any animal thus placed in the City Pound shall be liable for all costs incurred in the keeping of such animal. (G) The Chief of Police or his deputies are hereby empowered to enter upon any private property where any dog or other animal is kept, which dog or animal is alleged to have bitten any person, to inspect and seize and impound any such dog or other animal for a period of fifteen (15) days, and may in lieu of impounding the same, require the owner of such dog or other animal, by a notice in writing personally served upon such owner, to quarantine the said dog or animal for such period. SECTION 36 - NOISY ANIMALS A NUISANCE It is hereby declared to be a nuisance, and it shall be unlawful to keep, maintain or permit on any lot or parcel of land, any animals -11- r or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in reasonable and comfortable enjoyment of life or property. SECTION 37 - VIOLATION AND PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted, and upon conviction of any such offense, such person, firm or corporation shall be punished by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment of such convicted person or persons for not more than thirty (30) days, or by both such fine and imprisonment. SECTION 38 - REPEALING CLAUSE Any or all code provisions or ordinances in conflict here- with are hereby repealed. SECTION 39 - SEVERABILITY If any portion of this Chapter is held to be invalid, such invalidity shall not affect the remainder of this Chapter, and, to that end, this Chapter is declared to be severable. PUBL~ION hereof shall be made by posting a copy hereof for a period of ten (10) days on the City Hall Bulletin Board, and by publishing a notice of the place of posting and a brief statement of the purpose hereof in a newspaper of general circulation in the City, within a reasonable time. FIRST READING: SECOND READING: PASSED AND APPROVED "tL this b day of by the Common Council of the City of Seward Cj/A4 X , 1966. ~___::tt.~ ~~ / ;>: '7'//~ ~ neatrice E. Watts City Clerk-Treasurer t. w. irkpatrick Mayor Attest: