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Statement of Catherine D. Killam 2 February 1, 2005 Comm. 22 (Bi114) AN ORDINANCE AMENDING CHAPTER 4 OF THE HAWAII COUN"fY CODE 1983 (1995 EDITION) RELATING TO ANIMALS deprivation; (b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; (c) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for U~~e purpose oC lighting or baiting any bull, bear, dog, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used; (d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or (e) Assists another in the commission of any act of cruelty to any animal. The definition of cruelty to animals also includes (t) Abandons any animal, dog or cat or (g) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes; 2. Penalties Except for the penalty for vicious dogs, penalties for most violations such as abandonment, injury to or poisoning, an animal, barking, straying, defecating, nuisance, taking a anim~d to a prohibited places are ueuted equally with the penalty of not less than $7ti.00 nor more than $ I ,000.00. 7'o equate cruelty as the same as barking etc, undermines the seriousness of animal cruelty. Fines should be higher for animal cruelty or at a minimum match or exceed the fine for a dangerous dog see Section 4-31 which is a fine of not less than $2110 nor more than $2,0110.00 The bigger picture is being missed. This is a possible scenario based on how this ordinance is curently written. Your neighbor's dog seriously injures your dog. Your neighbor can be fined a minimum of $200 to a maximum $2,000, charged with n petty misdemeanor, face imprisonment 1br 30 days or 6 months probation. See (Section 4-3 1 Dangerous Dogs). However, if instead your neighbor injures or poisons your dog himseN" than he would only be fined the minimum of $75 to a maximum of $ L000. (Section ~t- 27 fujurinb or poisoning dogs). That doesn't make sense! Clarification of statement referenced in Sections 4-18(d), 4-19(d), 4-21 (3)(c), 4-23(d) 4-25(d) "a judge will not be bound to the tine of $75.U0. I have a concern over the wording "a judge will not be bound to the fine of $75.00. What is nc~ intended result? Does That mean [hat a judge can waive even the mininnun 6ne? Is the intention to allow a judge to tine more than the minimum or waive even the nuninnun'? Wouldn~t this statement seem clcure.r. "A judge will nol suspend or be bound to the minimum tine of $75.00.