BIL 004 Draft 03 2004-2006 - Laserfiche WebLink

Home

(c) The police chief, upon verification of [a-humeue] an enforcement officer's qualification and tmining, shall issue an oath of office and identification badge or insignia to the [fie} enforcement officer. (d) [ "r,~v.:,Sr,B] An enforcement officer's appointment, power and authority shall be for a period of not more than two years unless the same is sooner terminated by the #~an~e enforcement officer's discharge as an employee of the humane society or animal care center or discharge as [a-hu~r+ane] an enforcement officer by the police chief. The police chief may terminate and discharge [a-Hn+uane] an enforcement officer's appointment upon recommendation of the humane society or animal care center of which the [bumaoe] enforcement officer is an employee or upon a finding by the police chief that the [bcunaAe} enforcement officer has failed to comply with the minimum qualification and training requirements established for [ha+~tene] enforcement officers by the police chief. (e) No proceeding for the appointment, termination or discharge of [ltnmane] enforcement officers shall be subject to laws governing civil service or public employees. Section 4-33. Summons or citation. ~ There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of summons or citation for use in citing violators of the provisions of chapter 143, Hawaii Revised Statutes. Said summons or citation shall be printed in a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid and legal within the laws and regulations of the State of Hawaii and the County of Hawaii. The form and content of such summons or citation shall be as adopted or prescribed by the administrativejudge of the district courts. In every case when a summons or citation is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district courts may prescribe the giving to the violator a carbon copy of the summons or citation, and provide for the disposition of the original and any other copies. ~ Every summons or citation shall be consecutively numbered and each carbon copy shall beaz the number of its respective original. Section 4-34. Failure to obey summons or citation. It shall be unlawful for any person to fail to appear at the place and within the time specified in the summons or citation issued to him by an officer for any violation of any section of this article, regardless of the disposition of the chazge for which he was originally cited. However, if the minimum payment set by the issuing officer is paid in full prior to the scheduled court date, then this section will not apply. Section 4-35. Issuance of complaint; when. In the event any person fails to comply with a summons or citation given to such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for his arrest. Section 4-36. Disposition of finest and forfeitures. All fines or fees paid prior to court date, and/or those fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of this article shall be paid to the director of finance of the County of Hawaii and deposited in the general fund of the County of Hawaii. Article 5. State Law Reference and Severability. Section 4-37. Reference to Hawaii state law. In construing this chapter and providing for the control of animals in the County of Hawaii, reference shall be made to the Hawaii Revised Statutes, including, but not limited to: Chapter 142, part I[l, Hawai`i Revised Statutes: Fences and Trespasses by Animals Section 142-74, Hawaii Revised Statutes: Liability of dog owner; penalty Section 663-1, Hawaii Revised Statutes: Torts, who may sue and for what Section 142-96, Hawaii Revised Statutes: Frightening animals; penalty -12-