BIL 139 Draft 02 2022-2024 - Laserfiche WebLink

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SECTION 6. Chapter 4, article 4, section 4-4-34, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a)to read as follows: "(a) Upon finding probable cause to believe that there has been a violation of sections 4-4- 32 or 4-4-33, [an enforcement] a police 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] a police officer shall have the dog seized and impounded by animal control officers 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 4-4-32 or 4-4-33 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] Medical and impound expenses incurred by the County relating to the care and custody of the dog [shall] may be [borne by-the] collected from the owner [regardless of whether the alleged offense results in a conviction pursuant to the provisions of chapter 4.], with waiver of expenses permitted based upon criteria outlined in the animal control and protection agency's administrative rules." SECTION 7. Chapter 4, article 4, section 4-4-35, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection(a)to read as follows: "(a) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to the following provisions, in addition to the provisions of sections 4-4-32 and 4-4-33: (1) The owner shall provide the owner's name, address, and telephone number to the County animal control [service;] and protection agency:, (2) The owner shall provide the location at which the dog is currently kept, if such location is not the owner's address; (3) The owner shall promptly notify the [appropriate] animal control [service] and protection agency of: (A) Any changes in the ownership of the dog or the location of the dog along with the names, addresses, and telephone numbers of new owners or the new address at which the dog is located; (B) Any further instances of an attack by the dog upon a person or an animal; (C) Any claims made or lawsuits brought as a result of further instances of an attack by the dog; or (D) The death of the dog. (4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawai`i Revised Statutes, if the dog is not currently licensed; and (5) Unless already identified by microchip, the dog shall be permanently identified, at the owner's expense, by injecting into the dog an identification microchip using standard veterinary procedures and practices. The microchip identification number of the dog shall be provided to the County animal control [service.] and protection agency. 3