ORD 2022-036 2020-2022 - Laserfiche WebLink

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amended by renumbering this section as follows, "['1 31.1] 4-31.2" and by amending subsection (a) of this renumbered section to read as follows: "(a) Upon finding probable cause to believe that there has been a violation of [section 4 31(a)] sections 4-31 or 4-31.1, an enforcement officer may[ ] arrest or issue a summons and citation to the dog's owner, or both. In addition to arresting or issuing a summons and citation to the owner [;. .. - - ':- ], an enforcement officer shall have the dog seized and impounded [if the dog is posing an imminent threat to human beings or to other animals] until: (1) the Court orders that the dog be humanely destroyed or returned to the owner, or; (2) a criminal case arising out of the violation of section 4-31 or 4-31.1 is dismissed, whichever comes first. Such impoundment may be at the premises of a licensed veterinarian, a County animal control facility, or at a commercial kennel. All expenses incurred by the County relating to the care and custody [of the boarding and retention] of the dog shall be borne by the owner[..-] regardless of whether the alleged offense results in a conviction pursuant to the provisions of chapter 4." SECTION 10. Chapter 4, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new section to the article 4 "Dogs," division 3 "Dangerous Dogs," created in SECTION 6 of this bill. This section shall be designated, 4-31.1 and shall read as follows: "Section 4-31.1. Habitual negligent failure to control a dangerous dog; penalties. (a) A dog owner commits the offense of habitual negligent failure to control a dangerous dog, if the person was convicted of a violation of section 4-31 within five years prior to the present incident, the prior violation involved the same dog, and the dog owner negligently failed to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) The maiming or causing of serious injury to or the destruction of an animal; or (2) Bodily injury to a person. (b) A person convicted under this subsection shall be guilty of a misdemeanor and sentenced to one or both of the following procedures, terms and conditions provided in chapter 706, part II, Hawai`i Revised Statutes: (1) A fine of not less than$200 nor more than$2,000; (2) A period of imprisonment of up to one year, or in lieu of imprisonment, a period of probation of not more than one year in accordance with the procedures,terms and conditions provided in chapter 706,part II, Hawai`i Revised Statutes; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; or 6