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BIL 004 Draft 01 2004-2006
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BIL 004 Draft 01 2004-2006
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Last modified
11/27/2015 11:47:40 AM
Creation date
5/8/2008 11:16:25 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2004-2006
Bill/Resolution
004
Draft
01
Introducer
Bob Jacobson, Councilmember
Referred To
PSPRC
Action 1
PSPRC: Amends Bill 4 to Draft 2 - 2/1/05
Document Relationships
AGE PSPRC 02/01/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Public Safety & Parks & Recreation Committee (PSPRC)
COM 0022.000 2004-2006
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Path:
\Council Records\Communications\2004-2006
COM 0022.000 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.003 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.004 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.005 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.006 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.007 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.008 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.009 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.010 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.012 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.013 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.014 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.015 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.016 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.017 2004-2006
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COM 0022.019 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.020 2004-2006
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\Council Records\Communications\2004-2006
COM 0022.021 2004-2006
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\Council Records\Communications\2004-2006
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(c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be <br /> guilty of a petty misdemeanor and fined not less than $200 nor more than $2,000, imprisoned not more than <br /> 30 days, or both. <br /> (d) [n the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as <br /> required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog <br /> as it deems appropriate. <br /> (c) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary <br /> relinquishment of ownership of the dog, the owner shall still be responsible for all expeuses of boarding the <br /> dog and any penalties which may be imposed by the court. <br /> Section 4-31.2. Exemption. <br /> I'he provisions of this article shall not apply to dogs owned by any law enforcement agency and used in the <br /> perfiirmance of law enforcement work. <br /> Section 4-31.3. Civil action not precluded. <br /> Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action <br /> against the owner of such dog pursuant to the applicable provisions of state law. <br /> Section 4-31.4. Severability. <br /> If any provision of this article or the application thereof to any person or circumstance is held invalid, the <br /> invalidity shall not affect other provisions or applications of the article which can be given effect without the <br /> invalid provisions or applications, and to this end the provisions of [his article are severable. <br /> Division 3. Enforcement. <br /> Section 4-32. Enforcement. <br /> for any violation of any of the provisions of this article or of the provisions of chapter 143, Hawai' i Revised <br /> Statutes, it shall be the duty of any officer authorized to seize and impound any dog running at large within the <br /> meaning of this article to issue a summons to the owner or other person charged with the responsibility of <br /> complying with the provisions of this article or with the provisions of chapter 143, Hawaii Revised Statutes. Said <br /> summons shall instruct such owner or person to report at the violations bureau of the respective district courts of <br /> the third circuit. Each such owner or person may, within seven days afrer the receipt of such summons, appear at <br /> such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the <br /> district courts, for appearance on the date as may be set for such person to appear before the district court. Upon <br /> failure ki appear upon such date, said bail bond shall be deemed forfeited. <br /> (1986, Ord. No. 86-34, sec. 6.) <br /> Section 4-32.1. Training; appointment; powers of humane officer. <br /> (a) Pursuant to section ]43-2.5, section 143-7, and section 46-I.5(IS), Hawaii Revised Statutes, a humane <br /> officer shall be authorized to issue a complaint and summons or other forth of citation as the finance director <br /> may deem to be appropriate to enable a humane officer to carry out and to perform the duties of a humane <br /> officer under this chapter and any contract between the County and a humane society. <br /> (b) 'I'hc finance director shall verity that a person designated by a humane society to serve as a humane officer is <br /> qualified and trained to serve in that capacity. The finance director shall be empowered to establish minimum <br /> requirements for qualification and training, which may be revised from time to time, provided that a copy <br /> thereof, and of any revisions, shall be kept on file with the finance director's office thereof at all times. nll <br /> County agencies, officers and employees shall render their cooperation and assistance to the finance director <br /> for purposes of this subsection (b). <br /> <br /> (c) 'fhe finance director, upon verification of a humane officer's qualification and training, shall issue an oath of <br /> office and identification badge or insignia to the humane officer. <br /> _11_ <br /> <br />
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