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Statement of Catherine I). Killam 1 February 1, 2005 Comm. 22 (Bill 4) AN ORllINANCF, AMF,ND[NC CHAP"fER 4 OF THE IIAWAI'1 COl1N'I'Y CUI)h: 1983 (1995 El~lllON) RI~:Ln'f'INU fU ANIMALS My name is Catherine Killam. I last testified before this council as an officer of the Board of Directors of the Hawaii Island humane Society (HIHS) both betbre and after the NACA Evaluation. While 1 am no longer on their board, 1 ;iu~ the Pounder ant 1'resident of fat-Care, a 501(~c13 nonprolit Pounded Ibr the p3evcnU~m of cruelty ofanimals. I aLtiu coonlmated Paw, Across Hawaii, a program oP Cat-Care which was un effort to unite all Big Island anirnal welfare groups to work together for the benefit of our animals. I have several concerns and suggestions regarding Bill 4; specifically, animal cruelty detnition and penalties, and the lack of a holding period for cats aimed into the hwuune society. Animal Cruelty Concern I. Definition The definition of animal cruelty is very confusing and a person has to read both the state statute and several sections of the county ordinance in an anempt to determine what constitutes animal cruelty in the County of Hawaii. As HIHS only charges tinder the state statute for Animal Cruelty, couldn't that definition of ~ r,iclly he included or relerenced in the Chapter 4. In addition, Section 4-17 also hay tw~~ other act, ~~hich arc considered animal cnielty that of abandonment and animal gi~~cii u~~a~~ us prizes. If I III~IS unl~ charges uudcr the state siauue d~x•s that rncan thtil Section 4-17 is never charged or prosecuted? Section 4-27 Injuring or poisoning dons. Why wouldn't this section also be considered ~mimal cruelq. There is a lot of confiision regarding this issue. Wouldn't it be less confusing to state: "Cruelty to animals" means the same as that defined in Section 711-1109, Hawaii Revised Statutes. "fhe definition of cruelty ru animals also includr~s the abandunmen! of any animal, clog or cat or the };wing away an animal, dog ur cat, or animals, dins or cats, as a prize or prizes." Or include the actual offenses. "Cruelty to animals" means the same as that defined in Section 7I 1-] 109, Hawaii kievised Statutes. Cruelty to animals. Specilically. (1) A person commits the offense oPcruelty to animals ii the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, cruelly beats or starves any a~timal, or causes ur procures the overdriving, o~~erloading. torture, un~mcnt, cruel beating ur s;a;~~in~~ oC.u:, ;utiuci!. ~~r deprives a p~ ~ :~niiual ul~ necessur~ ,usteuanee nr ruts: s >.;c!t Comm. No. Z 2.13 Ref. 70: re~eriN Ref. Uate ~