Laserfiche WebLink
~ l9 1."": F i <br /> r. , <br /> ~ 't' <br /> ~ r~ <br /> ii' J <br /> SANCTUAR i <br /> P. O. Box 944 <br /> Hilo, Hawaii 96721 <br /> (808)982-5110 <br /> FAX: (808) 982-6160 <br /> 2rainbow@ilhawaii. net <br /> http://www.rainbowfriends. org <br /> January 31, 2005 <br /> Comments on Draft 3 of Bi114 <br /> The following comments are submitted by Rainbow Friends Animal Sanctuary. <br /> Preliminary comments: <br /> l . There is an absence of any required holding time for cats similar to the 48 hours for <br /> dogs. There would seem to be no basis for not also providing 48 hours for the family of a <br /> cat to claim the cat. <br /> 2. There seems to be no distinction between the fines for offenses that constitute lack of <br /> adequate containment (stray) and acts that constitute animal cruehy. All penalties, except <br /> for those involving a dog that inflicts bodily harm, are fines ranging from $75 to $1,000. <br /> It would seem appropriate for penalties to be more significant for acts of cruelty to <br /> animals. A minimal step would be to raise the lower end of the penalty. Providing for <br /> more substantial punishments than monetary sanctions might also be appropriate. <br /> 3. Section 4-1. Definitions (r) Provocation <br /> We have had an instance where a dog in extreme pain from a dislocated hip bit one of our <br /> dog caretakers. While subsection (5) provides that pain or injury can be considered as <br /> provocation, that subsection also requires that the pain or injury be inflicted by the person <br /> or animal attacked. Our dog with the dislocated hip would not fit into that subsection. <br /> The inclusion of the clause "but not limited to" may allow for such a situation to be <br /> presented as a defense or perhaps subsection (5) could be written more broadly. <br /> 4. Section 4-1 Definition (x) Vicious Dog <br /> Subsection (2) raises a similar concern by defining a vicious dog as one who has bitten any <br /> person or animal. A dog in pain or injured may bite without consciously intending to do <br /> so; the same dog in a healthy state might never have bitten anyone. The only exception is <br /> when the dog is "being tormented, assaulted, or otherwise abuses by the victim of the <br /> <br /> vicious behavior." There is no "but not limited to" clause in this subsection. The <br /> <br /> subsection should either include that clause or be written more broadly to indttde <br /> Comm. N0. Z Z • ~S <br /> Ref. To: Pt~w~- <br /> R~f. Uate <br /> <br />