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A. In order for the chief to determine that an animal is dangerous or vicious, the chief shall determine that the animal meets the following criteria and shall classify the animal accordingly:

1. Its actions are not excused under PMC 6.14.010(C);

2. Dangerous, meaning the animal has, without provocation, approached, in a threatening or terrorizing manner, any person in an apparent attitude of attack, where the approach was not made upon the premises to which the owner had the legal right of possession;

3. Vicious, meaning the animal:

a. Has bitten, inflicted injury, assaulted or otherwise attacked or endangered the safety of a human being; or

b. Has, without provocation, bitten, inflicted injury, assaulted or otherwise attacked or endangered the safety of a domestic animal; or

c. Has been found dangerous or vicious on a prior occasion by the chief; or

d. Is in violation of a previous order where the animal was classified as a dangerous or vicious animal.

B. If the chief classifies an animal as dangerous or vicious, the chief shall require that the animal be registered with the police department (unless the animal is to be destroyed and, in such case, documentation of the animal’s destruction shall be delivered to the police department) and determine whether to impose additional conditions if the animal is to remain in the city. The registration application shall contain the name and address of the owner, the breed, age, sex, color, and any other identifying marks of the animal, the location where the animal is to be kept, the registration fee established in the current, adopted budget and two color photographs, three inches by five inches, clearly showing the color and approximate size of the animal. Each animal registered shall be assigned an official registration number by the department. A certificate of registration shall be issued to the owner upon payment of the registration fee and proof of sufficient evidence that the owner has complied with all of the orders prescribed by the chief.

C. If the chief determines that additional conditions are required, the chief shall consider the following:

1. The observed and reported past and present behavior of the animal;

2. The circumstances of the incident and the extent of the injury to the attacked person or animal;

3. The reasonably foreseeable harm that could occur if no conditions are imposed;

4. The owner’s past history of compliance with this title, including compliance with redemption conditions which the chief has previously imposed on the owner; and

5. The nature and location of any restraint or confinement system which the owner has in place at the time the chief makes his decision.

D. The chief may order the owner to comply with some or all of the following conditions:

1. Confinement. The chief may order the owner of a dangerous or vicious animal to confine the animal, at all times, either indoors or, if outdoors, in a proper enclosure for a dangerous or vicious animal up to and including one consisting of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, or any part of their bodies or other foreign objects, and designed to prevent the animal from escaping. The pen or structure shall have secure sides, and prevent the animal from digging out through the bottom or escaping over the top. The pen or structure shall also provide the animal protection from the elements. All pens and enclosures must comply with all zoning and building regulations of the city. The owner shall also display in a conspicuous manner a sign using the words “Beware of Dog” on the pen or structure or near the entrances to the residence where the animal is kept. At any time when the animal is not confined as required, the animal shall be muzzled in a manner as to prevent it from escaping, biting or injuring any person, and kept on a leash no longer than four feet with the adult owner or some other responsible adult attending the animal.

2. Liability Insurance. The chief may order the owner of a dangerous or vicious animal which has caused an injury to any person or severe injury to any animal to maintain, in full force and effect, a liability insurance policy issued by an insurance company authorized to sell insurance in Alaska or by an “eligible surplus line insurer,” as defined in AS 21.34.900(2), in the amount of at least $100,000 for coverage against any damage or injury that may be caused by the animal during the period for which licensing is sought. The insurance shall contain a provision requiring the city be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the policy.

3. Spaying or Neutering. The chief may order the owner of a dangerous or vicious animal to arrange for the alteration of the reproductive capacity, through spaying or neutering, of the animal. Alteration shall be at the owner’s expense.

4. Obedience Class. The chief may order that the animal be enrolled in and complete obedience classes. The classes shall be at the owner’s expense.

5. Humane Euthanasia. The chief may order the humane destruction of any animal that has been found to be vicious. Euthanasia shall be at the owner’s expense.

E. In the event the animal has already been impounded and if the owner consents to the conditions as set by the chief, the animal, unless destroyed, shall be released to the owner upon compliance with the conditions of release and payment of required fees. If the owner does not consent to the conditions, the chief may order the animal humanely destroyed no sooner than 96 hours (Saturdays, Sundays and holidays excluded) after service upon the owner of the chief’s decision. Oral notice to the owner at the hearing shall constitute one means of service.

F. If the chief determines that the owner has trained or conditioned an animal to be vicious or allowed or permitted the training or conditioning, the chief may require that the owner comply with any or all of the subsections contained in subsection (D) of this section (other than subsection (D)(5) of this section) as a condition to owning another animal in the city. The requirements may not extend beyond three years, commencing with a determination and classification of the owner’s animal as vicious. (Ord. 07-029 § 21, 2007; Ord. 07-009 § 5, 2007; Ord. 631 § 7, 2004; Ord. 525 § 5, 1997; Ord. 416 § 4, 1990; Ord. 406 § 4, 1989)