BIL 004 Draft 03 2004-2006 - Laserfiche WebLink

Home

(b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if he or she does not appeaz at the time and place stated in the summons, the dog shall be subject to relinquishment pursuant to subsection (d). (c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor and fined not less than $200 nor more than $2,000, imprisoned not more than 30 days, or both. (d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog as it deems appropriate. (e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any penalties which may be imposed by the court. Section 431.2. Exemption. The provisions of this article shall not apply to dogs owned by any law enforcement agency and used in the performance of law enforcement work. Section 431.3. Civil action not precluded. Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action against the owner of such dog pursuant to the applicable provisions of state law. Section 431.4. Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or applications, and to this end the provisions of this article are severable. Division 3. Enforcement. Section 4-32. Enforcement. For any violation of any of the provisions of this article or of the provisions of chapter 143, Hawaii Revised Statutes, it shall be the duty of any enforcement officer authorized to seize and impound any dog running at large within the meaning of this article to issue a summons to the owner or other person chazged with the responsibility of complying with the provisions of this article or with the provisions of chapter 143, Hawaii Revised Statutes. Said summons shall instruct such owner or person to report at the violations bureau of the respective district courts of the third circuit. Each such owner or person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. (1986, Ord. No. 86-34, sec. 6J Section 4-32.1. Training; appointment; powers of [huinexe] enforcement officer. (a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes, [a-Ha~eHe] an enforcement officer shall be authorized to issue a complaint and summons or other form of citation as the police chief may deem to be appropriate to enable [a-Ha+rteHe] an enforcement officer to carry out and to perform the duties of [a-bu~r+ane] an enforcement officer under this chapter and any contract between the County and a humane society or animal caze center. (b) The police chief shall verify that a person designated by a humane society or animal care center to serve as [a lwmane] an enforcement officer is qualified and trained to serve in that capacity. The police chief shall be empowered to establish minimum requirements for qualification and training, which may be revised from time to time, provided that a copy thereof, and of any revisions, shall be kept on file with the police chiefs office thereof at all times. All County agencies, officers and employees shall render their cooperation and assistance to the police chief for purposes of this subsection (b). -11-