Cordova council says its dog ordinance bars impoundment when the owner is present

Cordova's animal control ordinance tells officers to hand a dog back rather than impound it when the owner is present, a gap council members said Wednesday could expose the city to liability. City officials are already drafting a revision, members said during council comments.

Under CMC 8.04.140, an animal in violation "shall be impounded," but where the officer can identify the owner and the animal "can be returned immediately," the officer "shall issue a summons and citation to the owner and release the animal to the owner."

Council Member Debra Adams said she and several other members got calls about a recent dog incident and read reports the parties shared.

"There seems to be a space in there that we could be very liable for as a city if we don't address the issue in there that doesn't allow for dogs to be impounded if the owner is present," Adams said. "Which sounds absurd because it seems to me that the owner should be even more culpable if they are present and can't control their dog."

The presiding member emphasized safety officers having enough authority. "I think that the draft ordinance, moving forward with that is a great plan, we need to just make sure that our safety officers have the ability to keep us safe," she said. "We don't certainly don't want to limit their actions." The issue, she said, showed the ordinance was "a little out of touch" with what officers can and cannot do.

Anchorage code tells officers to return a licensed dog to a known owner when the animal poses no threat, and makes uncontrolled animals whose owners are absent subject to impoundment.

The council took no action, and no introduction date was given. The record does not include the incident reports or accounts from anyone involved.