MEMORANDUM

TO: Ron Drathman, Assembly President

Assembly Members

FROM: Patrick O'Brien

DATE: August 5, 1999

SUBJECT: Ordinance 99-49, Providing for Limited Dog Control

After discussions with representatives of the cities regarding their concerns with ordinance 98-76, the most recent ordinance concerning dog control, I have changed a number of provisions.

This ordinance provides for the cities of Homer, Kenai, Seward and Soldotna to enforce the ordinance by contract with the borough, and to be paid $25,000 per year pursuant to such contracts. The cities may accept dogs delivered to their dog control shelters, and are not required to pursue and capture any dog. They may only capture a dog outside of the shelter when requested to do so by a state trooper who believes the dog has bitten a person. Fees charged by the cities will be those fees ordinarily charged by each city.

The cities will maintain records of all reported dog bites, whether or not the dog is impounded, for a minimum of ten years. A "dangerous" dog is one that has bitten a person, causing the skin to break. A "vicious" dog is one that has bitten persons on three or more separate occasions, causing the skin to break, or that otherwise causes serious injury or death to a person at any time. A dog that is considered to be vicious and is impounded may be disposed of by the city in a humane manner after all appeal rights have been exhausted. Other dogs may be either released or disposed of in accordance with procedures normally followed by the cities.

Persons who own a dog designated as either vicious or dangerous may appeal that designation to the mayor or his designee. Appeals from the mayor's decision would proceed to court.

This ordinance differs from previous dog control ordinances in that it contains no provisions on rabies control, which is governed by state statute, and it specifically does not require the animal control officer to pursue any borough dog. Instead, the existing animal control shelters, by contract, are intended to serve primarily as a repository for dogs who have bitten persons.