§ 17.05.010. Definitions, generally.

The following words, terms and phrases and their other verb forms and tenses, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative decision is a decision of the chief animal control officer under chapters 17.10 (care and control of animals), 17.15 (rabies control and municipal licensing), 17.25 (redemption, disposition, protective custody or impoundment decisions or conditions), and 17.40 (classified animals).

Agent, see Custodian.

Aggressive bite means a bite that is accompanied by an attack in which the animal exhibits overt behavior that includes any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging or similar aggressive behavior.

Animal means all members of the Phylum Cordata, Subphylum Vertebrata, excluding nondomestic animals and humans, unless otherwise specifically stated.

At large means not controlled.

Bite means an animal bite that breaks the skin or results in significant evidence of biting.

Business day means any one of the days between Monday and Friday, 8:00 a.m.—5:00 p.m. which is a normal business day for the Municipality of Anchorage.

Breeder means any person who intentionally breeds an animal.

Cat means a member of the genus and species Felis domestica.

Chief animal control officer means the municipal department head responsible for animal control and administration of the municipal animal control contract or his or her designee.

Chronic animal noise means repeated vocalization by an animal or animals from the time the noise begins for more than five consecutive minutes during the daytime noise period from 7:00 a.m. to 10:00 p.m. and more than five consecutive minutes during the nighttime noise period from 10:00 p.m. to 7:00 a.m. A licensed mushing facility, as defined below, shall be excused from the five consecutive minute limit for daytime noise only, up to four times per day, for a maximum of 20 consecutive minutes each time provided that no excused period shall occur within one hour of any other excused period. An excused period means more than 5 consecutive minutes and less than 20 consecutive minutes.

Commercial facility means a person or facility that boards or grooms dogs, cats, rabbits, ferrets, and/or horses for fees or services, or any person or facility that reconveys four or more dogs or cats in a calendar year, or any person or facility that breeds more than three litters of dogs and/or cats in a calendar year.

Editor's note— In connection with adoption of AO 2001-158 (S-4) as amended, approved on June 25, 2002 and effective January 1, 2003, assembly expression of legislative intent on June 11, 2002, was that any reference to "business" or "commercial" in Title 17 does not mean conducting a business for the purposes of other titles.

Confine, see "control by confinement" below.

Control, in relation to an animal, means to simultaneously monitor, direct, and restrict an animal's movements and activities, in a humane manner, so as to prevent violations of this title. Specific types of control are defined as follows:

1.

Control by command means to control an animal by visual or audible commands, or a combination thereof, to which the animal responds promptly and accurately; or

2.

Control by confinement means to control an animal in a humane manner within any fully fenced pen, kennel, yard, or structure, which prevents the exit of any animal confined therein solely on its own volition and the protrusion through the outer perimeter of the enclosure of the animal's paws and/or teeth to an extent which would enable the animal to physically injure a person or another animal; or

3.

Control by leash means to control an animal by securely attaching a leash, chain or an item which is physically capable of restraining the animal, including electronic collar, to the animal which is in the secure possession of a person physically and mentally capable of monitoring, directing and restricting the animals movements and activities; or

4.

Control by attachment means to control an animal by a harness or other similar device attached directly or indirectly to a person or immovable object by means of a chain, leash or similar device in such a manner that:

a.

When the animal is on private property, it cannot travel off the private property on which the immovable object is located, or into any public vehicular or pedestrian way, or other public easement; or

b.

When the animal is on public property, the animal is temporarily attached in such a manner that it cannot travel more than three feet from the immovable object and is not unattended by the owner; or

5.

Control by harness means to control an animal by a harness or other similar device attached directly or indirectly to a person or object during an event of competition, training, demonstration, or show.

Current rabies vaccination means a vaccination:

1.

As specified in the current Compendium of Animal Rabies Vaccines prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc.;

2.

Administered in accordance with state law; and

3.

Evidenced by a current rabies vaccination certificate in a form approved by the stat, division of public health and signed by a currently licensed veterinarian.

Custodian means a person entrusted by the owner with the full responsibility for an animal under this title.

Dog means a member of the genus and species Canis familiaris.

Euthanasia means a painless death or a method of causing death painlessly.

Ferret means a member of the genus and species Mustela putorius furo.

Humane care or treatment or humane manner means the care and treatment of an animal, including but not limited to providing the animal with:

1.

Safe and necessary control, confinement and appropriate space;

2.

Adequate veterinary treatment, wholesome food and water; and

3.

Heat, ventilation, and sanitary shelter from wind, temperatures, precipitation and sun conditions detrimental to its health;

all of which are consistent with or dictated by the animal's normal requirements, veterinary needs, feeding habits, and its condition, size, species, age, and breed.

Municipality or municipal shall mean the Municipality of Anchorage.

Multi-animal facility means a person or facility, including a dwelling unit, residence, or business premise that owns, houses, possesses, or is the custodian of four or more dogs, four or more cats, four or more rabbits, four or more ferrets, four or more horses, or any combination of seven or more of the above animals.

Mushing facility means a person or facility, including a dwelling unit, residence, or business premise that owns, houses, possesses, or acts as custodian of four or more dogs over the age of four months, that have been trained to be harnessed and pull sleds, carts, vehicles with humans and/or cargo for the sport of mushing whether for recreation, competition or remuneration.

Notice of violation (herein "NOV") means a citation issued by the chief animal control officer or designee for civil violations of this title.

Notice to comply means a notice issued by the chief animal control officer or designee requiring compliance with this title.

Officer means a person charged by law with the duty to enforce provisions of this title.

Owner means any person or custodian, who owns, restrains, possesses or holds title to an animal or knowingly permits an animal to remain on premises occupied by such person.

Physical injury means an impairment of physical condition or pain either of which is accompanied by visible scrapes, cuts, punctures, bruising, or other evidence of similar injuries.

Protective custody means to protect and preserve the health, safety, humane care, or treatment of an animal.

Reconvey means to acquire and/or arrange for sale or transfer of an animal by a person acting as a broker or representative for another, with or without remuneration, whether or not such person has title to or possession of the animal.

Restrain or restraint means to confine or control an animal.

Secure enclosure means any fully enclosed fenced pen, kennel, yard, or structure, which must include a roof, walls and floor, subject to approval by the chief animal control officer. The secure enclosure shall:

1.

Be located so as not to interfere with the public's access to the owner's or custodian's property;

2.

Prevent:

a.

The accidental release by any person of any animal confined in such enclosure;

b.

The exit from such enclosure of any animal confined therein solely on its own volition;

c.

The entry into such enclosure by any person except the owner and other persons authorized by this title or explicitly authorized by the owner, and who are also physically and mentally capable of monitoring, directing and restricting the confined animal's movements and activities;

d.

The entry into such enclosure by any animal other than the animal confined therein; and

e.

The protrusion through the outer perimeter of the enclosure of the confined animal's paws and/or teeth to an extent which would enable it to physically injure a person or another animal.

The owner or custodian of an animal may establish by clear and convincing evidence that a structure was a "secure enclosure", despite failing to prevent the release of an animal, because the animal's release was primarily caused by a factor not attributable to the character of the enclosure, or to an act or omission of the owner or custodian, or the animal.

Serious physical injury means any physical injury which creates a risk of death or causes protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function of a body member or organ, or requires plastic surgery.

Sterile means rendered incapable of reproduction by surgical operation by a licensed veterinarian.

Unweaned animal means an animal too young to be weaned from the care of its parent(s).

Wolf dog means the offspring of a wolf or wolf hybrid. For the purposes of this title, wolf dogs and wolf hybrids shall be synonymous.

Wolf hybrid means a member of the genus and species Canis lupis x Canis familiaris.

(AO No. 2001-158(S-4), § 1, 1-1-03; AO No. 2004-86, § 1, 5-18-04; AO No. 2009-88, § 1, 9-10-09; AO No. 2013-142, § 1, 12-17-13; AO No. 2016-55, § 2, 6-7-16 ; AO No. 2017-87 , § 1, 6-13-17)