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provided further that this provision shall not be construed to permit that which is prohibited by any
<br /> other law; or
<br /> (4) a cat or other [small] domesticated animal wandering or running at large, or found upon any roadway,
<br /> public place or found not upon the lands of the owner or not under the charge or control of one in
<br /> possession.
<br />
<br /> (w) "Unlicensed dog" means any doe for which the license for the current year has not been paid or to which the
<br /> ta¢ provided for in this chapter is not attached.
<br /> [(sj~ ~ "Vicious dog" means a dog which:
<br /> (1) Places a person or other animal in imminent danger of bodily injury; or
<br /> (2) Has bitten any person or animal.
<br /> A dog shall not be deemed vicious where the vicious behavior in question is the result of the dog being
<br /> tormented, assaulted, or otherwise abused by the victim of the vicious behavior.
<br /> Article 2. Dog, Cat, and Animal Pounds.
<br /> Section 4-2. Pound established for dogs, cats, and small domesticated animals.
<br /> There may be established pounds for the purpose of impounding, sheltering, and disposing of unlicensed,
<br /> lost, stray, homeless, unclaimed or diseased dogs, for the destruction or other disposition of seized dogs, not
<br /> redeemed, and for the sheltering and disposing of lost, stray, homeless unclaimed or diseased cats and other small
<br /> domesticated animals in the districts of Ka`u, Hilo, Hamakua, Puna, Kohala and Kona, County of Wawai`i.
<br /> (1973, Ord. No. I I, sec. l; Am. 1975, Ord. No. 86, sec. I; Am. 198Q Ord. No. 510, sec. 2.)
<br /> Section 4-3. Direction, control, and administration of pound.
<br /> Each pound shall be under the direction, control, and administration of the County, an animal care center, or
<br /> a humane society with whom the County has contracted for services which shall, in addition to the duties
<br /> provided in section 4 2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to
<br /> chapter 143, Hawaii Revised Statutes. The County may enter into contracts with more than one humane society
<br /> or animal care center to carry out the purposes of this chapter and chapter 143, Hawaii Revised Statutes.
<br /> Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals.
<br /> The County, animal care center or the humane society with whom the County has contracted for services,
<br /> shall be authorized to seize and impound any dog, cat, or other small domesticated animal, when such dog, cat, or
<br /> other small domesticated animal is a stray, and to dispose of such dog, cat, or small domesticated animal in
<br /> accordance with chapter 143, Hawaii Revised Statutes.
<br /> Section 4-5. Enforcement by humane officer.
<br /> The humane society or animal care center with whom the County has contracted for services may designate
<br /> its employees who possess qualifications and training satisfactory to the County to serve as [humane} enforcement
<br /> oftcers to carry out the provisions of this article, chapter 143, Hawaii Revised Statutes, and other provisions of
<br /> this chapter which expressly authorize such [humane} enforcement officers to take specific action by ordinance.
<br /> Section 4-6. Expenses and appropriations for the pound.
<br /> All expenses of seizing, impounding and disposing of stray dogs, cats, and small domesticated stray animals
<br /> shall be borne by the humane society or animal care center with whom the County has contracted to provide such
<br /> services. The council, however, shall from time to time make such appropriations to assist such humane society or
<br /> animal care center as in its discretion and judgment shall be deemed to be necessary to accomplish the
<br /> responsibilities which such humane society or animal care center may be required to perform under this chapter.
<br /> Section 4-7. Agreement between County and humane society required.
<br /> An agreement containing, but not limited to, the extent of services rendered or to be rendered by the humane
<br /> society or animal care center and methods of reporting and accounting shall be entered into between the society or
<br /> the center and the County before any payments may be made to the society or the center under this chapter.
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