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TITLE - 7  HEALTH AND SANITATION



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7.04 Animals

7.08 Repealed

7.12 Repealed

7.16 Repealed

7.20 Burning rubbish

7.24 Repealed

7.28 Repealed

7.32 Littering

7.36 Dismantled motor vehicles



CHAPTER 7.04
  ANIMALS


For statutory provisions regarding killing dogs, see AS 3.55.010-3.55.030; for power of municipalities to regulate licensing, impounding, and disposition of animals, see AS 29.35.210(a)(3). For fines and fees, see Resolution 18-92. Repeal of former Chapter 7.04COrdinance Number 436, effective September 27, 1975, repealed former Chapter 7.04 and enacted new Chapter 7.04 in lieu of the repealed provisions. Former Chapter 7.04 derived from CCK §7.3.1C7.3.12; Ord. 355, 1971.

 



7.04.010 Cruelty to animals

7.04.020 Contagious diseases

7.04.030 Annoying animals or fowl

7.04.040 Herding

7.04.050 Tethering

7.04.060 Control of animals

7.04.070 Animal littering

7.04.080 Maintenance of large farm animals prohibited; exceptions; permit

7.04.090 Dog licensing

7.04.100 Tag and collar

7.04.110 Impoundment

7.04.114 Method of impoundment

7.04.118 Release

7.04.120 Quarantine

7.04.130 Disposal of diseased or unwanted dogs and other small animals

7.04.140 Disposal of dead animals

7.04.150 Repealed

7.04.155 Destruction of vicious dogs or other animals; restitution

7.04.160 Definitions

7.04.170 Failure to obey citation

7.04.180 Control of animal offenses; fine schedule


7.04.010 Cruelty to animals
. (a) No person may knowingly wound, injure, torment, abuse, mutilate, torture, or inhumanely kill any animal.

    (b) No person may intentionally poison any dog, cat, or other domestic animal, or distribute or place poison in a manner or location where the distributor knows or should reasonably know that the poison will be accessible to a domestic animal.

    (c) No person may abandon an animal by releasing the animal to forage for itself or by confining or restraining the animal for a period in excess of eighteen consecutive hours in a place where there is not a custodian who has assumed the responsibility of providing sufficient food and water.

    (d) The owner or custodian of an animal shall provide food and water sufficient to maintain the animal in a healthy condition, and adequate and proper shelter for the animal to protect the animal from weather. Shelter maintained for animals kept outside of a residential dwelling shall meet the following standards:

(1) Animals shall not be overcrowded;

(2) Animals shall not be exposed to excessive heat or cold;

(3) Animal shelters shall be draft free;

(4) Clean animal bedding shall be provided which shall be of a sufficient size and quality for the animals being kept; and

(5) All structures, pens, coops, or yards shall be maintained in a clean and sanitary condition, devoid of rodents and varmints, and free of objectionable odor.

    (e) No person may use a live bird as a target to be shot at either for amusement or as a test of skill for marksmanship. (Ord. 436 §1, (part), 1975)

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7.04.020 Contagious diseases
. No person may harbor or keep an animal infected with a contagious or pestilential disease unless the animal is closely confined and under the care of a licensed veterinarian. (Ord. 436 §1 (part), 1975)

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7.04.030 Annoying animals or fowl
. No person may harbor, keep, or maintain any animal or fowl which barks, bays, howls, yaps, mews, yowls, yelps, quacks, honks, crows, squawks, clucks, or otherwise makes noise with such frequency or at such times of the day or night as will cause annoyance to a reasonable person. (Ord. 795 §1, 1986; Ord. 436 §1 (part), 1975)

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7.04.040 Herding
. No person may herd any cattle, horses, mules, sheep, or other animals for the purpose of feeding, grazing, or pasture. (Ord. 436 §1 (part), 1975)

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7.04.050 Tethering
. No person may tie, stake, or fasten any horse, cow, sheep, goat, or other animal within any street, alley, or public place within the city limits or in a manner which permits the animal access to any portion of any street, alley, or public place. (Ord. 436 §1 (part), 1975)

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7.04.060 Control of animals
. (a) A person who is the owner or custodian of a dog shall keep and maintain the dog under control at all times when the dog is off the premises of the owner or custodian and not confined within an enclosure by restraining the dog with a leash, cord, or chain, not more than ten feet in length, secured to the animal and fastened to a stationary object or held by the owner or a custodian of sufficient age and maturity to control the dog. No dog shall be transported or kept within a vehicle or any part thereof unless restrained or confined so as to prevent its leaving the vehicle except under the control of its owner or custodian.

    (b) The owner of an animal, other than a dog, that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times.

    (c) The owner or custodian of a fierce, dangerous, or vicious animal shall confine the animal within a building or secure enclosure and shall not take the animal out of such building or enclosure unless the animal is muzzled and otherwise secured to prevent attacks or feigned attacks.

    (d) The owner of a female dog in heat or during ovulation shall keep and maintain the animal confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that the female dog cannot come in contact with a male dog except for planned breeding purposes. (Ord. 999 §1, 1994; Ord. 671 §1, 1983; Ord. 436 §1 (part), 1975)

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7.04.070 Animal littering
. A person owning, or having custody of any animal, except a domestic house cat, shall remove and dispose, in a sanitary manner, of any and all feces and other animal litter deposited on any public or private property not possessed by the owner or custodian of the animal which caused or produced the litter. (Ord. 436 §1 (part), 1975)

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7.04.080 Maintenance of large farm animals prohibited; exceptions; permit
. No person may keep or maintain a horse, cow, sheep, goat, pig, or other large farm animal within the city unless:

    (a) The animal is maintained within a fenced area of not less than one acre which is owned or leased by the owner or custodian of the animal and which is not occupied by residential buildings other than the one occupied by the owner or custodian of the animal; or

    (b) A permit to keep or maintain a large farm animal has been obtained from the city clerk. Such a permit shall be issued only under the following conditions:

(1) The applicant for a permit is a minor child engaged in an educational school or 4-H project;

(2) The maximum term of a permit is six months;

(3) The applicant agrees to confine the animal within a building or secure enclosure and to maintain the building or enclosure in a clean and sanitary condition, devoid of rodents and varmints, and free of objectionable odor;

(4) Opportunity for objection to the issuance of the permit shall be extended to property owners and tenants whose property lies within a radius of three hundred feet of the private property on which the animal is proposed to be kept. Any such objection which the applicant is unable to satisfy shall be grounds for denial of the permit; and

(5) No more than one permit shall be issued to any individual in a single calendar year. (Ord. 795 §2, 1986; Ord. 436 §1 (part), 1975)

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7.04.090 Dog licensing
. (a) Every dog in the city shall be licensed and registered by its owner within the following time periods:

(1) Within thirty days after the dog attains the age of six months;

(2) Within thirty days after acquisition of the dog, regardless of how acquired; or

(3) Within thirty days after the owner commences to maintain, keep, or kennel the dog within the limits of the city.

    (b) An application for a dog license shall be submitted to the chief of police on printed forms made available for such purpose which shall be completed by the owner to specify the name and address of the owner, the name, breed, color, sex, and distinguishing marks, if any, of the dog to be licensed, and such other information as the chief of police determines to be useful in the administration of this chapter. The application shall be accompanied by a license fee, established as provided in this code, and a current certificate of a licensed veterinarian stating that the dog was immunized for rabies accomplished by modified live virus, within the past twenty-four months.

    (c) Dog licenses shall be issued for a term of one year commencing with the first day of February of each year and terminating as of midnight on the last day of January of each year.

    (d) Annual license fees shall be established by a resolution of the council. (Ord. 940, 1992; Ord. 436 §1 (part), 1975)

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7.04.100 Tag and collar
. (a) Upon complying with the provisions of section 7.04.090, the chief of police shall issue to the owner a colored tag, made of metal or other similar durable material, stamped or embossed with an identification number and the year for which issued. The tag color shall be changed every year.

    (b) The owner of a dog shall fasten the tag securely to a choke chain, collar, or harness which shall be worn by the dog at all times except when kenneled or in competition.

    (c) If the license tag is lost or destroyed, the owner may obtain a duplicate tag upon the payment of a fee as established by resolution of the council.

    (d) A dog tag is not transferable from one dog to another, and no person may secure a tag to a chain, collar, or harness worn by a dog other than the one for which the tag was issued.

    (e) License fees are not refundable. (Ord. 436 §1 (part), 1975)

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7.04.110 Impoundment
. A dog or other animal may be impounded if:

    (a) A dog or other animal that is unrestrained and not under the immediate control of its owner may be impounded by a police officer or animal control officer when found at large on the streets, alleys, or public places within the city, or on private property in the city 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, a police officer, 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 may or must be taken up or impounded.

    (d) Where enforcement of the provisions of this chapter reasonably requires a police 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 of the state of Alaska so 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 facts and circumstances justifying the inspection. (Ord. 999 §2, 1994; Ord. 671 §2, 1983; Ord. 436 §1 (part), 1975)

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7.04.114 Method of impoundment
. (a) A police officer, animal control officer, or other enforcement agent may capture an animal at large by calling the animal to him or by any other means necessary.

    (b) When deemed necessary, the animal control officer or designee may capture a feral animal by use of a baited live capture trap. A property owner or occupant of property frequented by a stray or feral animal at large may also use this method of capture for removal by the animal control officer.

    (c) If an animal is determined to be fierce, dangerous, or vicious, and it cannot be safely captured and impounded, the animal may be destroyed by the animal control officer or a member of the police department. (Ord. 999 §2, 1994; Ord. 671 §2, 1983; Ord. 436 §1 (part), 1975)

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7.04.118 Release
. (a) Upon impounding an animal, the 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 police station containing a description of the animal and the date and location of impoundment.

    (b) Fees for impoundment and daily fees for boarding impounded animals shall be established by the council by resolution.

    (c) Upon payment of charges for impounding and boarding, and upon proof of licensing the dog in compliance with this chapter, an impounded dog shall be released to a person producing satisfactory evidence that the person is the owner or custodian of the dog. If an impounded dog is not currently licensed and if a certification of immunization for rabies as required for licensing is not available, the dog may be released if the owner or custodian pays the impound and boarding fees and, in addition, makes a cash deposit with the chief of police in an amount to be established by council resolution 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.

    (d) The most recently paid impound fee and the daily boarding fee shall be refunded for an unspayed or unneutered dog if the owner or custodian delivers to the police chief, within one month following release of the dog from impound, a certificate of a licensed veterinarian stating that the dog has been spayed or neutered and setting forth the date of spaying or neutering.

    (e) An animal impounded under the provisions of this chapter shall be held in the city animal shelter or other suitable facilities for a period not to exceed seventy-two hours, and unless released prior to the expiration of that period as provided in this chapter, shall be destroyed. The chief of police may, if it be determined that an animal is valuable, retain the animal for an additional forty-eight 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. 1064 §1, 1998; Ord. 999 §2, 1994; Ord. 671 §2, 1983; Ord. 436 §1 (part), 1975)

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7.04.120 Quarantine
. No person may, during the period of a quarantine established by publication of a notice in the local newspaper by the sanitarian, permit any dog of which the person is the owner or custodian to be unconfined, except under the conditions specified in the notice. (Ord. 436 §1 (part), 1975)

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7.04.130 Disposal of diseased or unwanted dogs and other small animals
. The pound master shall dispose of or destroy, in a humane manner, diseased or unwanted dogs upon the request of the owner or custodian of the dog. (Ord. 436 §1 (part), 1975)

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7.04.140 Disposal of dead animals
. (a) The person in possession or control of real property shall immediately dispose of any dead animal found upon the property in the manner provided in this section or by disposal at the public dump or by other suitable means outside of the city.

    (b) The police department shall dispose of any dead animal found within the city upon the request of a city resident.

    (c) The owner or occupant of unplatted property may bury on that property any dead animal owned by said owner or occupant and which died on the premises, if the property owner or occupant first obtains written approval from the sanitarian. The animal carcass shall be buried at least four feet deep, shall be covered with earth from the upper part of the carcass to the surface, and shall not be buried within fifty feet of any residence or water well.

    (d) No person may carry or convey any dead or fatally ill or injured animal, or any part thereof, on any public or private property or into any reservoir, stream, lake, pond, sewer, well, or other body of water or the banks or shores of such body of water. (Ord. 436 §1 (part), 1975)

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7.04.150 Penalties
. Repealed by Ordinance Number 753, effective February 23, 1985.

Repealed §7.04.150 derived from Ord. 436 §1 (part), 1975.

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7.04.155 Destruction of vicious dogs or other animals; restitution
. (a) If, by a preponderance of the evidence, a court of competent jurisdiction finds that, while running at large or while inadequately restrained in violation of section 7.04.060(a) or (b), a dog or other animal has, without provocation, bitten or attacked a person, the court may order the dog or other animal destroyed.

    (b) A court of competent jurisdiction may require the owner or custodian of any dog or other animal which, while running at large or while inadequately restrained in violation of section 7.04.060(a) or (b), has damaged the person or property of another to make restitution, in whole or in part, for said damage.

    (c) Any actions taken or orders rendered under this section shall be regarded as measures necessary to the preservation of the health, safety, and welfare of the public and not as punishment within the meaning of section 9-3 of the Kodiak city charter. (Ord. 954, 1993; Ord. 671 §3, 1983)

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7.04.160 Definitions
. As used in this chapter:

    (a) "Animal" means all nonhuman members of the kingdom Animalia.

    (b) "At large" means any animal not under restraint.

    (c) "Cat" means any domestic or domesticated member of the family Felidae.

    (d) "Chief of police" means the police chief or authorized designee.

    (e) "Custodian" means the person who has accepted or assumed all or a portion of the responsibility for an animal's care, control, and feeding at the request of the owner, or with the owner's implied authorization.

    (f) "Dangerous animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or other animals, regardless of whether the act is done in a playful or hostile manner.

    (g) "Dog" means any domestic or domesticated member of the family Canidae.

    (h) "Feral" means an animal that is wild, untamed, abandoned, or homeless.

    (i) "Fierce, dangerous, or vicious" means a dog or other animal which, when unprovoked, has bitten or attacked a human being or that bites or attacks other animals, or in a vicious and terrorizing manner attacks or approaches in an apparent attitude of attack a human being or other animal.

    (j) "Herd" means to graze or move a group of animals while keeping close watch and exercising control.

    (k) "Owner" means a person who has purchased the animal, accepted it as a gift, or who asserts a right to the possession and control of the animal.

    (l) "Restrain" means (I) physical confinement, as by leash, chain, fence, or building; or (ii) under immediate competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or (iii) under immediate competent voice control when an animal is on the property of its owner or custodian.

    (m) "Secure enclosure" means an escape-proof animal enclosure.

    (n) "Stray" means an animal which is at large, or held by a citizen for pick-up, or turned over to the animal control officer.

    (o) "Vicious animal" means any animal which (i) inflicts a severe injury to a human being on public or private property; or (ii) has been found dangerous on two occasions by the animal control officer; or (iii) is in violation of previous conditions or release as a dangerous animal. (Ord. 999 §3, 1994)

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7.04.170 Failure to obey citation
. (a) If a person is cited for an offense for which a scheduled fine has been established under this chapter and fails to pay the fine or appear in court, the citation shall be considered a summons for a misdemeanor.

    (b) If a person cited for an offense under this chapter for which an amount of fine has been established appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine established for the offense plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §5, 1998; Ord. 1010, 1995)

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7.04.180 Control of animal offenses; fine schedule
. (a) If a fine amount is set for an offense arising under this chapter 7.04, a person charged with that offense can dispose of the charge (by mail or in person) by paying the fine amount plus any surcharge required to be imposed by AS 29.25.072 and checking the "no contest plea" box on the back of the citation. Alternatively, the person may choose to appear in court and contest the citation. If found guilty, the maximum sentence which may be imposed is the fine amount plus any surcharge required to be imposed by AS 29.25.072. A person charged with an offense for which a fine amount has been set (whether it is an infraction or a misdemeanor) does not have a right to a jury or to a court-appointed lawyer.

    (b) If no fine is set for an offense, the defendant must appear in court for arraignment.

    (c) The fine amounts are as follows:

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ANIMAL CONTROL OFFENSES NUMERICAL LISTING

City Code

Provision

 

Offense

Fine

1st offense

2nd offense

3rd offense

7.04.010

Cruelty to animals

Mandatory court appearance

7.04.020

Contagious diseases

$50

$75

$100

7.04.030

Annoying animals or fowl

$25

$50

$75

7.04.040

Herding

$25

$50

$75

7.04.050

Tethering

$25

$50

$75

7.04.060(a), (b), (d)

Control of animals

$50

$75

$100

7.04.060(c)

Control of vicious animals

Mandatory court appearance

7.04.070

Animal littering

$25

$50

$75

7.04.080

Maintenance large farm animals

Mandatory court appearance

7.04.090(a)

Dog licensing

$25

$50

$75

7.04.100(b)

Tag and collar

$25

$50

$75

 

(Ord. 1081, §6, 1998; Ord. 1010, 1995)

 




CHAPTER 7.08
  
SANITATION CODE; SANITARIAN; PERMITS


Repeal of Chapter 7.08COrdinance Number 681, effective July 9, 1983, repealed former Chapter 7.08. Former Chapter 7.08 derived from CCK §5.1.1C5.1.11; Ord. 414, 1974; Ord. 672, 1983.


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CHAPTER 7.12
 
  CONTAGIOUS DISEASES


Repeal of Chapter 7.12COrdinance Number 695, effective October 8, 1983, repealed former Chapter 7.12. Former Chapter 7.12 derived from CCK §5.2.1C5.2.4.


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CHAPTER 7.16
  
GARBAGE AND REFUSE COLLECTION


For statutory provisions regarding garbage and solid waste services, see AS 29.35.050.Repeal of Chapter 7.16COrdinance Number 762, effective January 1, 1987, repealed former Chapter 7.16. Former Chapter 7.16 derived from Ordinance Number 469, which repealed and reenacted Chapter 7.16 which derived from CCK §5.10.1C5.10.7.

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CHAPTER 7.20  
BURNING RUBBISH


For statutory provisions regarding local air quality control, see AS 29.35.055.



7.20.010 Garbage burning prohibited

7.20.020 Incinerators; approved types

7.20.030 Incinerators; outdoor burning regulations

7.20.040 When permit required



7.20.010 Garbage burning prohibited
. The burning of garbage, either within or outside of buildings, in the city is prohibited. (CCK §5.11.1)

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7.20.020 Incinerators; approved types
. Out-of-doors burning of papers and other burnable materials is authorized in an approved-type incinerator and in accordance with the rules and regulations prescribed in this chapter. Approved types of incinerators are as follows:

    (a) A fifty-five gallon oil drum, eighteen gauge, located not less than fifteen feet from any building, is approved for use in a residential setting as an incinerator, providing it is equipped with:

(1) Screened top of not more than one-half-inch mesh or metal cover with not greater than one-half-inch perforations spaced not greater than one inch. Tops and metal covers must be hinged to the drum or designed to fit securely on the drum;

(2) The bottom of the drum must be perforated with one-fourth-inch diameter holes spaced one inch apart;

(3) The drum must have a minimum clearance of three inches between the bottom of the drum and the ground and must be supported by noncombustible material. Six-inch pipe nipples securely fastened to the drum are satisfactory for this purpose.

    (b) The National Fire Protection Association's pamphlet number 82, 1990 edition, pertaining to commercial and industrial incinerators, rubbish handling, and the installation and use of incinerators and rubbish chutes and disposal of rubbish is adopted as the standard to be used within the confines of the city and by reference is made a part of this chapter and has the force and effect as though set out in full in this chapter. (Ord. 1041 §5, 1997; Ord. 417 §1, 1974; Ord. 404 §2, 1973; CCK §5.11.2)

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7.20.030 Incinerators; outdoor burning regulations
. The out-of-doors burning of paper and other burnable material in, and the use of, incinerators prescribed by subsection (a) of section 7.20.020 must be not less than fifteen feet from any structure, and is subject to these rules and regulations:

    (a) Burning is allowed only between sunrise and sunset when authorized by an annual permit obtained in advance from the city fire department.

    (b) Burning when the wind velocity is fifteen knots or greater is prohibited.

    (c) Burning of any material that gives off a dense or offensive smoke (e.g., plastics, rubber, petroleum products, etc.) is prohibited.

    (d) Repealed by Ordinance Number 1041, effective January 11, 1997.

    (e) The burning of rubbish and other slow-burning materials in incinerators is prohibited. It is the intent of this section to provide authority and prescribe an inexpensive type incinerator to burn papers and other materials such as boxes or cartons that will readily burn and create as little fire hazard as possible. Nothing in this chapter is to be construed as advocating the burning of materials more suitably disposed of through available recycling programs.

    (f) Incinerators must be attended at all times while in use. (Ord. 1041 §6, 1997; Ord. 304 §1, 1967; CCK 5.11.3)

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7.20.040 Open Burning.
The burning of grass, tree branches, scrap lumber, and other burnable materials which are not to be burned in incinerators prescribed in this chapter may be burned out-of-doors, provided a permit  is obtained as prescribed in this section, and further provided the person obtaining such a permit is in attendance or causes a person to be in attendance during the period of such burning.

    (a) An annual written permit for all burning authorized by this section shall be obtained from the city prior to burning any materials authorized by this section. Burning permits shall be issued by the chief of the fire department or such other representative of the city as is designated by the city manager.

    (b) Permits issued shall state therein:

(1) the requirements for notifying the fire department when burning is intended;

(2) that a person must be in attendance at all times;

(3) hours and wind velocity during which burning may be conducted;

(4) special equipment such as fire extinguisher, fire hose, fire truck, if any is required;

(5) that burning is to be conducted not less than fifty feet from any structure or, if the burn pile is three feet or less in diameter and two feet or less in height, not less than twenty-five feet from any structure; and

(6) such other safety precautions as may be required by the official authorizing the issuance of the permit.

    (c) Special permits may be issued to building contractors or other persons whose business requires frequent burning of materials covered by this section. Such permits, in addition to the requirements of subsection (b) of this section, may contain such further restrictions and requirements as the officials authorizing the permit deem necessary in the interest of minimizing fire hazards.

    (d) Any permit issued under this section is revocable by any of the officials authorized to approve a permit, or the council. (Ord. 1041 §7, 1997; Ord. 476 §1, 1976; CCK §5.11.4)
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CHAPTER 7.24
  
SANITARY LANDFILLS


Repeal of Chapter 7.24COrdinance Number 811, effective March 14, 1987, repealed former Chapter 7.24. Former Chapter 7.24 derived from CCK §5.12.1C5.12.6.

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CHAPTER 7.28
  
WATERFRONT SANITATION


Repeal of Chapter 7.28COrdinance Number 816, effective June 27, 1987, repealed former Chapter 7.28. Former Chapter 7.28 derived from CCK §5.13.1C5.13.6.

 

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CHAPTER 7.32
 LITTERING


For related provisions see 5.16 Junkyards, §7.04.070 Animal Littering, 7.36 Dismantled Motor Vehicles, 8.28 Dangerous Containers, §8.36.020 Canvas Structures Deemed Nuisances, §8.36.110 Deposit of Ashes, Coals Near Building, §10.32.100 Confinement of Loads, §10.32.110 Removal of Dirt and Debris, 10.36 Abandoned Vehicles, 10.40 Impoundment of Vehicles, 12.08 Litter; Sidewalk Snow Removal, 14.16.010(6) and (17) Definition of Garbage and Rubbish, §18.28.240 Disposal of Waste, Litter, and Garbage, §18.32.090 Sanitation and §18.32.100 Refuse Deposit (in parks or watershed). Repeal of former Chapter 7.32COrdinance Number 816, effective June 27, 1987, repealed former Chapter 7.32 and enacted new Chapter 7.32 in lieu of the repealed provisions. Former Chapter 7.32 derived from CCK §5.19.1C5.19.3; Ord. 365 (part), 1972.



7.32.010 Unlawful acts

7.32.020 Definitions

7.32.030 Waterfront

7.32.040 Penalties and remedies

 



7.32.010 Unlawful acts
. (a) It is unlawful for any person to litter. A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the city or in waters in the city, or under city jurisdiction unless:

(1) The property is designated by the city or borough as a site for the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or

(2) Litter is placed in a litter receptacle which that person is authorized to use so the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the city or under city jurisdiction.

    (b) A person who does any of the following is guilty of littering:

(1) Sweeps or deposits the accumulation of litter from any sidewalk or premises onto any public way;

(2) As an owner or lessee of premises, permits any litter on the premises to remain or be stored in such a manner as to allow the litter to be scattered or carried away by wind or water;

(3) As an owner or lessee of premises, maintains or allows litter to accumulate on the premises in a manner and in an area viewable by the public, other than for collection purposes or junkyard purposes pursuant to applicable law, and fails to remove and dispose of all such litter within five days after receiving written notice to do so from the city manager or designee;

    (c) The finding, in a place where the throwing or deposit of litter is prohibited, of litter bearing the name of a person as addressee, or under circumstances indicating ownership, is prima facie evidence of the commission of the offense of littering by such a person. (Ord. 618 §2, 1987)

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7.32.020 Definitions
. As used in this chapter:

    (a) "Litter" means all waste material of every kind and nature, including, but not limited to disposable packages or containers; glass and metal containers; construction material; rubbish;

garbage; junk; paper; paper products; rock, gravel, and/or dirt; machinery; vehicles and parts thereof; grass, shrub, and tree clippings; dead animals; any nauseous or offensive matter of any kind; and any object likely to injure any person or create a traffic hazard.

    (b) "Authorized private receptacle" means any receptacle for the deposit or storage of garbage, rubbish, or ashes which is approved by or pursuant to applicable law and any container for the deposit of litter other than garbage, rubbish, and ashes which will prevent such litter from being scattered or carried away by wind or water.

    (c) "Public receptacle" means any container maintained in a public place for the reception of litter (Ord. 618 §2, 1987)

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7.32.030 Waterfront
. (a) Dumping restrictions. It is unlawful for any person, firm, or corporation to dump or throw any garbage, refuse, or debris, or waste products, nor shall any vessel pump its bilges containing any oil and/or gasoline in waters of the city or under city jurisdiction.

    (b) Refuse removal responsibility. All businesses, industries, commercial establishments, or other occupants of waterfront property shall be charged with the responsibility of keeping the beachfront used or occupied by them clear of all refuse of any nature whatsoever. (Ord. 618 §2, 1987)

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7.32.040 Penalties and remedies
. (a) A person who violates the provisions of this chapter is guilty of an infraction which is punishable pursuant to chapter 1.12 of this code.

    (b) Notwithstanding the availability of any other remedy, the city or any aggrieved person may bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the plaintiff suffered as a result of the violation.

    (c) In the event that any owner or lessee fails to keep the property used or occupied by them clear of litter as provided in this chapter, the city manager shall cause such litter to be removed from the property and assess the cost thereof against such premises. Such assessment shall be a paramount lien upon the premises against which it is assessed, and may be collected and enforced as general taxes or special assessments for improvements are collected and enforced, and be subjected to the same penalties and interest after delinquencies as in the case of general taxes.

    (d) Any owner or lessee of property whose premises have been cleared of litter by the city as provided in this section shall be mailed by registered mail a notice in writing by the city clerk, stating the time of the removal and the cost thereof to the city. This notice shall state that, if the owner does not pay the cost within ten days or appear and in writing object to the charge, the charge shall be immediately assessed against the property by motion properly carried at the next regular council meeting. The lien shall attach from the date of passage of the motion; provided, however, no such motion shall be made within ten days of the mailing of the notice.

    (e) In addition to any other penalty prescribed herein, the commission of any act prohibited herein or failure to perform any act required herein constitutes a public nuisance and the city may institute proceedings in the superior court for the abatement of the nuisance.

    (f) The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the city. (Ord. 816 §2, 1987)

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CHAPTER 7.36
  
DISMANTLED MOTOR VEHICLES


See also abandoned vehicles, Chapter 10.36 this code.

 



7.36.010 Attractive nuisance

7.36.020 Unlicensed business operation prohibited

7.36.030 Where prohibited

7.36.040 Responsibility of property owners

7.36.045 Impoundment and disposal

7.36.050 Violation; penalty

 


7.36.010 Attractive nuisance
. The council finds, determines, and declares that the bodies of motor vehicles, trailers and campers or camper shells which have been abandoned, are inoperable, or have been wholly or partially dismantled, and which are allowed to lie on private or public property within the city constitute an attractive nuisance and danger to children, a sanitation hazard, and a public nuisance which should be abated and controlled. The council further finds that the ordinance providing for the licensing of junkyards contained in chapter 5.16 does not afford an adequate remedy against the practice of dismantling one or more motor vehicles and leaving the dismantled bodies in such a condition that they constitute a public nuisance, and this chapter shall in no way impair or repeal any of the provisions of chapter 5.16, or prevent the conduct of individuals in proper circumstances from being in violation of both this chapter and chapter 5.16. (Ord. 897 §1, 1991; Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(A))

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7.36.020 Unlicensed business operation prohibited
. It is unlawful for any person, firm, or corporation, not being duly licensed by the city, to engage in the business of wrecking, dismantling, permanently disassembling, or substantially altering the form of any motor vehicle within the city. (Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(B))

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7.36.030 Where prohibited
. It is unlawful for any person, firm, or corporation to dismantle or wreck, in whole or in part, any motor vehicle with the intention of allowing such dismantled motor vehicle body, or portions thereof, to remain upon any public or private property within the city, and the leaving of such dismantled motor vehicle body upon any public or private property within the city for a period of more than thirty days shall be conclusive evidence of such intention for the purposes of this chapter.

    This section shall not apply to licensed motor vehicle wreckers who are not otherwise in violation of this chapter, or chapter 5.16; and this section shall also not apply to motor vehicle bodies which are stored or kept in a garage or other substantial enclosure so that such bodies cannot collect water, cannot be accessible to children, and cannot otherwise become a public nuisance. (Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(C))

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7.36.040 Responsibility of property owners
. It shall be the duty of the owner or owners, contract purchasers, lessees, or other persons having the right to the possession of, and control over, property within the city to keep their premises free from inoperable, abandoned, or wholly or partially dismantled motor vehicle bodies, trailers, and campers or camper shells; it is unlawful for any owner, contract purchaser, lessee, or other person having the right to the possession of, and the control over, any premises within the city, to cause, permit, or suffer such dismantled, abandoned or inoperable motor vehicle bodies, trailers, campers or camper shells to remain on such property for more than thirty days after receiving written notice from the city to abate such nuisance. (Ord. 897 §2, 1991; Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(D))

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7.36.045 Impoundment and disposal
. Any property described in sections 7.36.010 or 7.36.040 may be impounded and stored or disposed of by the city, in which event the owner of the impounded property shall be liable for the cost of impoundment and storage or disposal. If the owner or the whereabouts of the owner of such property is unknown and the property in question reasonably appears to be worth $200.00 or less, then the city may dispose of it in any such way as it sees fit. If the identity and whereabouts of the owner are known, the city shall make a reasonable attempt to give notice of its intended disposition of the property by mail or personal delivery prior to its disposition. Notwithstanding the foregoing, if the property to be impounded and stored or disposed of by the city constitutes a wrecked, dismantled, or inoperative vehicle or a vehicle otherwise presumed to be abandoned, within the meaning of AS 28.11.100, the subsequent procedure shall be followed:

    (a) Notice shall be given to owners and lien holders of record and persons known to be lawfully entitled to possession of the vehicle that they have the right to a hearing which shall be conducted in a manner substantially identical to the manner provided for the State of Alaska Department of Public Safety under AS 28.05.131 through AS 28.05.141.

    (b) Any notice to owners and lien holders required by AS 28.11.040 shall be given.

    (c) The disposal shall comply with the requirements of AS 28.11.070. (Ord. 1016, 1995; Ord. 897 §3, 1991)

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7.36.050 Violation; penalty
. The penalty for violations of this chapter, shall be as prescribed in section 1.12.010. (Ord. 407 §2 (part), 1973; Ord. 379 (part), 1972; Ord. 365 (part). 1971; CCK §5.19.4(E))
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