6.04.230 Impoundment and release.
A. A dog or other animal that is unrestrained and not under the immediate control of its owner shall be impounded by a peace officer or animal control officer when found at large on the streets, alleys, or public places within the borough, or on private property in the borough if the officer has the permission of the owner or occupant of the property.
B. A dog or other animal which has bitten or attacked a person may be impounded for a reasonable period for observation or during the pendency of any proceedings brought to enforce the provisions of this chapter.
C. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, an animal control officer, or other enforcement agent, may enter upon any property, but not into any structure not open to the public, while in pursuit of an animal which, in the judgment of the officer, must be taken up or impounded.
D. Where enforcement of the provisions of this chapter reasonably requires a peace officer, animal control officer or other enforcement agent to inspect premises not open to the public, and where the Constitution of the United States or the state of Alaska requires, an administrative search warrant authorizing an inspection and, where appropriate, the seizure of any animal which may or must be taken up or impounded shall be obtained before the inspection is conducted. The officer or agent may apply to the trial courts of the state of Alaska to obtain an inspection warrant, stating in the application a description of the premises to be inspected, the nature, extent and purpose of the inspection and the fact and circumstances justifying the inspection.
1. If a dog or other animal is determined to be fierce, dangerous, or vicious and cannot be safely captured and impounded, the dog or other animal may be destroyed by a public safety officer.
2. Upon impounding a dog or other animal, the animal control officer or impounding officer shall make reasonable efforts to notify the owner or custodian of the animal, and if the owner or custodian is not known and cannot be reasonably ascertained, shall post a notice at the clerk’s office containing a description of the dog and the date and location of impoundment.
3. Fees for impoundment and daily fees for boarding impounded dogs or other animals shall be established by resolution of the assembly.
4. Upon payment of charges for impounding and boarding, and upon proof of licensing the animal in compliance with this chapter, an impounded animal shall be released to a person producing satisfactory evidence that the person is the owner or custodian of the animal. If an impounded animal is not currently licensed and if a certification of immunization for rabies as required for licensing is not available, the animal may be released if the owner or custodian pays the impound and boarding fees and, in addition, makes a cash deposit with the animal control officer in an amount to be established by the mayor equivalent to double the sum of the impound fee, the average cost for the rabies immunization, and the license fee. The deposit shall be returned to the owner or custodian upon receipt, within one week, of a certificate by a licensed veterinarian attesting to the immunization of the animal and upon acquisition of the necessary license.
5. The impound fee and the daily boarding fee shall be waived for an unspayed or nonneutered animal if the owner or custodian executes a sworn statement that the animal will be spayed upon its release and posts a cash deposit with the animal control officer in an amount equal to the current average charge for spaying the impounded animal. If the owner or custodian of the animal delivers to the animal control officer, within one month following release of the animal from impound, a certificate of a licensed veterinarian stating that the animal has been spayed and setting forth the date of spaying or neutering, the cash deposit shall be released to the owner or custodian.
6. An animal impounded under the provisions of this chapter shall be held in the pound or other suitable facilities for a period not to exceed 72 hours, which must include one full business day, and unless released prior to the expiration of that period as provided in this chapter, shall be destroyed. The animal control officer may, if it is determined that a dog or other animal is valuable, retain the dog or other animal for an additional 48-hour period and release it during that period to any person who will purchase the license for the animal and pay the prescribed impound and boarding fees. [Ord. 96-12 §2, 1996; Ord. 94-21 §2, 1994; Ord. 86-16-O(A) §2. Formerly §6.04.180].