22.28.040 Cruelty/failure to provide humane care.
A. A person commits the violation of cruelty to animals if the person:
1. Places a poisonous substance where an animal could reasonably ingest the substance, and the substance was placed with intent to harass, torture, injure or kill an animal; or
2. Intentionally encourages an animal to fight with another animal for sport, training or entertainment; or
3. Intentionally abandons, harasses, tortures, injures or kills an animal; or
4. Intentionally fails to provide that person’s animal with adequate food, water, shelter or veterinary care, to prevent physical suffering.
B. A person commits the violation of failure to provide humane care if the person negligently fails to provide that person’s animal with adequate food, water, shelter or veterinary care, to prevent physical suffering.
C. It is an affirmative defense to a prosecution under this section if the conduct of the person:
1. Was necessarily incident to lawful hunting or trapping activities; or
2. Was in accordance with accepted veterinary practice; or
3. Was in accordance with accepted farming or animal husbandry practices for this purpose being those approved and/or practiced by the majority of the members of the local farm bureau; or
5. Was the humane destruction of an animal by an animal control officer in accordance with this title; or
6. Was the humane destruction of an animal in extreme pain due to illness or injury; or
D. A person commits the violation of failure to notify if the person has intentionally or unintentionally killed or injured an animal and the person fails to notify the owner or keeper of the animal or the Borough animal shelter within one working day.
E. Complaints of animal cruelty may also be investigated and referred to the Alaska State Troopers or other applicable agency pursuant to Alaska Statutes. (Ord. 2017-05 § 2, 2017; Ord. 2013-65 § 15, 2013; Ord. 2002-03 § 6, 2002; Ord. 2000-50 § 11, 2000; Ord. 96-030 § 2, 1996; Ord. 87-062 § 3, 1988. 2004 Code § 6.24.040.)