Animal Control Commission overturns "dangerous dog" designation for Dakota

The Fairbanks North Star Borough Animal Control Commission on Jan. 17 voted 6-1 to overturn a dangerous-dog determination for Dakota, a dog owned by Christie Fleming, after hearing testimony and viewing partial video evidence related to a Dec. 17, 2024, incident (bite number B24-003331).

The commission heard Animal Control Officer Foster summarize the agency's investigation, which found that Dakota bit a person on High Sierra Drive, causing a minor injury described as a tooth scrape to the victim’s left calf. Officer Foster said all animals involved had current rabies vaccinations, Dakota’s microchip was verified (981020021163724), and Dakota was placed in a 10-day home quarantine following the incident.

The ruling mattered because borough code ties owner conditions to a dangerous-animal designation. During the hearing commissioners noted that if the animal is not designated dangerous the commission cannot impose the conditional restrictions that Animal Control had issued.

Officer Foster described the incident summary: the victim was recording a sunrise when three dogs from the residence went onto the roadway; the video supplied to Animal Control showed Dakota with two other husky-type dogs and, according to Foster, the evidence supported that Dakota inflicted a bite. Foster also said the victim did not seek medical care because of lack of transportation and provided photos and statements by email. Foster told the commission the video available to staff did not clearly show the moment of the bite and that staff were unable to view the full footage the victim said existed.

Owner Christie Fleming told the commission she did not contest the conditions placed on Dakota and that the dog has been restrained at all times since the incident. Fleming said she believes Dakota was protecting her from the person recording and submitted a stalking-protective-order the judge had granted the week before the hearing. Fleming told commissioners she and her household have had prior hostile encounters with the same neighbor and said portions of videos and social-media posts show the neighbor approaching and gesturing at the dogs during earlier encounters.

Commissioners debated the legal standard. Commissioner Swan pointed out that "fear is not among the exceptions that are listed in [borough] code," arguing that the preponderance of evidence met the borough’s definition of a dangerous animal. Other commissioners said elements of the borough code that allow a finding to be set aside apply here: Commissioner Rudy argued the video showed apparent taunting and that the dog appeared to be protecting its owner, citing borough code provisions read into the record during the hearing.

Commissioner Sherman moved to overturn the dangerous-animal designation; Commissioner Butler seconded. The roll-call vote on the motion to reverse the designation was 6 in favor (Butler, Bethune, Rosenberg, Rudy, Sherman, Gardner) and 1 opposed (Swan), and the motion passed. The commission then recessed to draft findings and later adopted the shelter’s findings 1–9 plus two additional findings (numbered 10 and 11 in the adopted paperwork) that the dog acted to protect its owner under borough code subsection B6 and that the victim had taunted or teased the animal under borough code subsection B1; the findings adoption vote was recorded as 7-0.

The commission record notes the borough-code procedures that govern appeals: an owner aggrieved by the commission’s decision may appeal to the Superior Court within 30 days, must give notice of intent to appeal to the animal control officer within 72 hours, and, if the animal is impounded, may be required to prepay room-and-board fees. The Jan. 17 hearing was adjourned at 7:02 p.m.

The commission’s decision overturns the borough’s dangerous-animal determination for Dakota; the transcript records that Dakota will remain restrained by the owner and that Fleming said she plans to erect a fence at the property this summer.