FNSB Animal Control Commission overturns ‘dangerous dog’ designation for Malamute ‘Fats’

The Fairbanks North Star Borough Animal Control Commission unanimously voted Sept. 3 to reverse a dangerous‑dog designation for a 10‑year‑old Alaskan Malamute named Fats after hearing testimony from animal‑control staff, the dog’s owner and other witnesses.

The reversal, approved 7-0, restores the owner’s rights and removes the attendant recommendations animal control had proposed — including evaluation by a behaviorist, a basket‑style muzzle for off‑leash times and a posted dangerous‑dog sign. Commissioner Sherman moved to reverse the designation and Commissioner Swan seconded the motion.

The decision turned on competing accounts of the Aug. 1 incident at 746 Aspen Heights Drive. Animal control staff read a victim statement saying the dog reached over a gated deck and bit the woman’s upper arm. Officer Raeanne Ross of animal control told the Commission that the agency must classify an animal as dangerous if it intentionally inflicts a bite on a human, and that the case contained conflicting statements about whether the victim had been asked to leave before the bite. “We do not have any evidence to show which way that incident occurred,” Ross said.

Owner and appellant Jen Whelan told the commission Fats reacted to a perceived threat when three women approached an unusual upper entrance to her home, a doorway she said is normally unused and is marked by a gate and sign stating, “keep gate closed, dogs in yard.” Whelan described steps she has since taken, including installing a second gate, adding signs at the driveway and zip‑tying latches to reduce accidental openings. “Fats was protecting himself,” Whelan said on the record, arguing that the borough code’s exceptions for animals defending themselves, their owner or the owner’s property apply.

Commissioner Rudy cited Fairbanks North Star Borough code language allowing an officer’s determination to exclude an animal from dangerous designation when the animal was protecting itself or its owner. Commissioners discussed the need to include explicit findings of fact tied to those code exceptions so the decision would withstand any appeal.

The Commission amended the main motion to add a finding of fact that Fats “acted as defined in FNSB code 22.2 B2 and B6 to protect himself or his owner or his property” and then voted on the amended motion. The amendment passed by roll call, 7-0, and the final motion likewise passed, 7-0.

Animal control’s written report documents that Fats is microchipped (9810215543823) and had a current rabies vaccination on file with Aurora Animal Hospital. Staff recorded a 10‑day quarantine that concluded Aug. 11 and noted this was the second bite incident reported involving the animal; the earlier incident had been determined accidental and not classified as dangerous. Staff had recommended behavior assessment and signage; the Commission accepted the owner’s account and mitigation steps instead.

The Chair read appeal information into the record after the vote: an owner aggrieved by the Commission’s decision may appeal to superior court within 30 days, and notice of intent to appeal must be given to the animal control officer within 72 hours, per Fairbanks North Star Borough Code 4.16.060C.

The hearing concluded at 6:59 p.m.