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((-sj] ~ "Vicious doh' means a dog which: <br /> (1) Places a person or other animal in imminent danger of bodily injury; or <br /> (2) Has bitten any person or animal. <br /> A dog shall not be deemed vicious where the vicious behavior in question is the result of the dog being <br /> tormented, assaulted, or otherwise abused by the victim of the vicious behavior. <br /> Article 2. Dog, Cat, and Animal Pounds. <br /> Section 4-2. Pound established for dogs, cats, and small domesticated animals. <br /> There may be established pounds for the purpose of impounding, sheltering, and disposing of unlicensed, <br /> lost, stray, homeless or diseased dogs, for the destruction or other disposition of seized dogs, not redeemed, and <br /> for the sheltering and disposing of lost, stray, unclaimed or diseased cats and other small domesticated animals in <br /> <br /> the districts of Ka`u, Hilo, Hamakua, Puna. Kohala and Kona, County of Hawaii. <br /> <br /> (1973, Ord. No. 1 I, sec. l; Am. 1975, Ord. No. 86, sec. I; Am. 1980, Ord. No. 510, sec. 2.) <br /> Section 4-3. Direction, control, and administration of pound. <br /> Each pound shall be under the direction, control, and administration of the County, an animal care center, <br /> <br /> or a humane society with whom the County has contracted for services which shall, in addition to the duties <br /> <br /> provided in section 4-2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to <br /> <br /> chapter 143, Hawaii Revised Statutes. The County may enter into contracts with more than one humane society <br /> <br /> or animal care center to carry out the purposes of this chapter and chapter 143, Hawaii Revised Statutes. <br /> Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals. <br /> The County, animal care center or the humane society with whom the County has contracted for services <br /> shall be authorized to seize and impound any dog, cat, or other small domesticated animal, when such dog, cat, or <br /> <br /> other small domesticated animal is a stray, and to dispose of such dog, cat, or small domesticated animal in <br /> <br /> acrnrdance with chapter 143, Hawaii Revised Statutes. <br /> Section 4-5. Enforcement by humane officer. <br /> 1"he humane society or animal care center with whom the County has contracted for services may desi~mate <br /> its employees who possess qualifications and training satisfactory to the County to serve as humane officers to <br /> <br /> carry out the provisions of this article, chapter 143, Hawaii Revised Statutes, and other provisions of this chapter <br /> <br /> which expressly authorize such humane officers to take specific action by ordinance. <br /> <br /> Section 4-6. Expenses and appropriations for the pound. <br /> All expenses of seizing, impounding and disposing of stray dogs, cats, and small domesticated stray animals <br /> <br /> shall be borne by the humane society or animal care center with whom the County has contracted to provide <br /> <br /> such services. The council, however, shall from time to time make such appropriations to assist such humane <br /> <br /> society or animal care center as in its discretion and judgment shall be deemed to be necessary to accomplish the <br /> <br /> responsibilities which such humane society or animal care center maybe required to perform under this chapter. <br /> Section 4-7. Agreement between County and humane society required. <br /> An agreement containing, but not limited to, the extent of services rendered or to be rendered by the humane <br /> society or animal care center and methods of reporting and accounting shall be entered into between the society <br /> <br /> or the center and the County before any payments may be made to the society under this chapter. <br /> Section 4-8. Quarterly report required. <br /> The humane society or animal care center, individually, shall render a full report of its activities, budget, <br /> <br /> and operations relating to the impounding of stray dogs, cats, and other stray domesticated animals to the mayor <br /> <br /> and council within one month after the end of each quarter in each fiscal year. <br /> -3- <br /> <br />