HomeMy WebLinkAboutCOM 0022.038 2004-2006
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/ P.O. BOX 361 - PAHOA, HAWAII 96778
TELEPHONE & FAX (808) 965-9555
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Mr. Gary Safarik
25 Aupuni St. _
Hilo HI 96720
Mr. Safazik:
My name is Bob Peck; currently 1 am on the Board of Directors of Leilani Estates and
occasionally participate as a substitute at the monthly County's Animal Control Task
Meetings.
Residents of Leilani Estates are continually concerned about loose dogs and the Humane
Society's inadequate authority to deal with cazeless and inconsiderate dog owners.
Recently at a General Meeting of the Homeowners, I summarized the proposed changes
to the animal control ordinances.
Perhaps needless to say, the Homeowners in attendance were fully supportive of the
proposed stricter requirements.
I urge you to also support and vote for these changes. I would appreciate your staff
informing me of the date these proposed changes will be considered.
Sincerely,
Bob Peck
Director of Covenants
Leilani Homeowners Association
12/10/04
c,m,,,, N0._ 21,38
Ref. To:Pr°fHP ~ OILr1r.1
Raf. C?a`e
Recommended Animal Control Change list as of May 13, 2004
Section 4-1 Definitions
Definition of "Lawful Fence" to mean same as in HRS 142-61 ,
Section 4-12 Fees
Sterilized Dogs from $2.00 to $10.00
Unsterilized Dogs from $6.00 to $25.00
Section 4-14 (b) Impoundment of animals
Impoundment fee from $5 to $25
Section 4-14.01 Confinement by Fences
Creates a section
Section 4-14.02 Animals not permitted at large
Creates a section
Section 4-14.03 Animals at large prima facie evidence
Creates new section
Section 4014.04 Violation-Penalty
Creates a new section
Section 4-15 Failure to remove animal Penalty
Change the penalty from not more than $100 to not more than $1000
Section 4-16~c) Du+y upon striking animals, including dogs and cats
Change the pe,.alty from not more than $50 to not more than $1000
Allows an enforcement officer issuing a citation for a first violation of this section to set
a minimum fine of $75.00 to be paid before the court date set in the complaint and
summons. However, if the fine is not paid by the initial court date a judge will not be
bound to the minimum fine of $75.00.
Section 4-17 (b) Cruelty to animals, including dogs and cats
Change the penalty from not more than $500 to not more than $1000
Section 4-18 (c) Places prohibited to animals, including dogs and cats
Change the penalty from not more than $50 to not more than $1000
Allows an enforcement officer issuing a citation for a first violation of this section
to set a minimum fine of $75.00 to be paid before the court date set in the complaint
and summons. However, if the fine is not paid by the initial court date a judge will
not be bound to the minimum fine of $75.00.
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Section 4-19 (c) De:~e,tion and nuisance prohibited
Change the penalty from not more than $50 to not more than $1000
Allows an enforcement officer issuing a citation for a first violation of this section to set a
minimum fine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimum
fine of $75.00.
Section 4-20 Seizure of dogs by officers
(a)(1) Increase impoundment fee of unlicensed dogs from $10 to $20 a day
(a)(3) Increase the per day costs of impounded unlicensed dogs from $5 to $15 a day
(b)(2) Increase the impoundment fee for licensed dogs from $10 to $15 a day
(b)(4) Reflect the change in impoundment fee from $ I 0 to $25 a day and increase the per day
cost from $5 to $15 a day.
Section 4-21 (b) Seizure of Stray dogs
Change the penalty from not more than $10 to not more than $1000
Allows an enforcement officer issuing a citation for a first violation of this section to set a
minimum fine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimum
fine of $75.02_
Section 4-22 Redemption of seized dogs after sale
Increase the sum to purchaser from $1 to $5 per day
Section 2-23 (c) Female dogs
Change the penalty from not more than $10 to not more than $1000 for female dogs in
season running at large.
Allows an enforcement officer issuing a citation for a first violation of this section to set a
minimwn fine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimum
fine of $75.00.
Section 2-24 Noisy dogs
Creates a time distinction for violations between 10:p.m. and 5:00 a.m.
Section 2-25 Noisy Dogs: procedure for abatement of nuisance
Amend the name of this section to "Penalty for Noisy Dogs"
Delete sections (a) and (b)
Change the ~ enalty to not more than $1000 per incident
Allows an enforcement officer issuing a citation for a first violation of this section to set a
minimum fine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimwn
fine of $75.00.
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Also allows a judge to send violator and dog to obedience school.
Section 2-26 (b) Harboring, holding for reward, or licensing of strayed or stolen dogs.
Change the penalty from not more than $10 to not more than $1000
Allows an enforcement officer issuing a citation for a first violation of this section to set a
minimum tine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimum
fine of $75.00.
Section 2-27 Injuring or poisoning dogs.
Change the penalty from not more than $10 to not more than $1000
Section 4-30 Penalty for permitting a dog to stray
Deleie sections a, b, c, and d, and Change the penalty from to not more than $1000
Allows an enturcement officer issuing a citation for a first violation of this section to set a
minimum fine of $75.00 to be paid before the court date set in the complaint and summons.
However, if the fine is not paid by the initial court date a judge will not be bound to the minimum
fine of $75.00.
Section 4-31.1 (a) Citation and summons; seizure; relinquishment of ownership
Amends the section to seize dog upon an "attack" occurs as defined in section 4-1.
Note: Statutory material to be repealed is bracketed and stricken. New Statutory Material is
underscored.
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Chapter 4
ANIMALS
Article 1. Definitions.
Section 4-1. Definitions.
Article 2. Dog, Cat, and Animal Pounds.
Section 4-2. Pound established for dogs, cats, and small domesticated animals.
Section 4-3. Direr+io.~_ control, and administration of pound.
Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals.
Section 4-5. Enforcement by humane officer.
Section 4-6. Expenses and appropriations for the pound.
Section 4-7. Agreement between County and humane society required.
Section 4-8. Quarterly report required.
Section 4-9. Control of pound by humane society.
Section 4-10. Transfer of facilities and equipment to societies; reversion.
Section 4-11. Indemnification to County.
Article 3. Dog License Fees.
Section 4-12. Fees.
Section 4-13. Proof of sterilization.
Article 4. Prohibitions.
Division 1. Dogs, Cats, and Other Animals.
Section 4-14. Impoundment of animals.
Section 4-15. Failure to remove animal; penalty.
Section 4-16. Duty upon striking animals, including dogs and cats.
Section 4-17. Craeity to animals, including dogs and cats.
Section 4-18. Places prohibited to animals, including dogs and cats.
Section 4-19. Defecation and nuisance prohibited.
Division 2. Dogs.
Section 4-20. Seizure of dogs by officers.
Section 4-21. Seizure of stray dogs by persons other than officers.
Section 4-22. Redemption of seized dogs afrer sale.
Section 4-23. Female dogs.
Section 4-24. Noisy dogs.
Section 4-25. Noisy dog; procedure for abatement of nuisance.
Section 4-26. Harboring, holding for reward, or licensing of strayed or stolen dogs.
Section 4-27. Injuring or poisoning dogs.
Section 4-28. Dangerous dogs may be slain.
Section 4-29. Leash required for public places.
Section 4-30. Penalty for permitting a dog to stray.
Section 4-31. Regulation of dangerous dogs; prohibited acts; conditions on owner;
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penalties.
Section 4-31.1. Citation and summons; seizure; relinquishment of ownership.
Section 4-31.2. Exemption.
Section 4-31.3. Civil action not precluded.
Section 4-31.4. Severability.
Division 3. Enforcement.
Section 4-32. Enforcement.
Section 4-32.1. Training; appointment; powers of humane officer.
Section 4-33. Summons.
Section 4-34. Failure to obey summons.
Section 4-35. Issuance of complaint; when.
Section 4-36. Disposition of fines and forfeitures.
Article 5. State Law Reference and Severability.
Section 4-37. R.fereise to Hawaii state law.
Section 4-38. Severability.
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ANIMALS § 4-1
Chapter 4
ANIMALS
Article 1. Detnitions.
Section 4-1. Definitions.
As used in this chapter:
(a) "Animals," unless provided otherwise, include but are not limited to those animals that are customary and
usual pets such as dogs, cats, rabbits, birds, honeybees and other beasts which are maintained on the
premises of a dwelling unit and kept by the resident of a dwelling unit solely for personal enjoyment and
companionship, su,°h ls, ~ iithout limitation, for a hobby, for legal sporting activities and for guarding of
property; animals exclude aviary game birds and fish as defined in Hawaii Revised Statutes. Animal
shall further mean any "animal," "farm animal" or "poultry" as those terms are defined in section 4.31.
(b) "At large" means on the premises of a person other than the owner of the dog or other small domesticated
animal without the consent of the occupant of the premises, or on a public street, alley, highway, or in any
public place except when under the control of a responsible person or an authorized representative of the
owner.
(c) "Animal control officer" means any employee of acounty-contracted animal control services provider or
the Hawaii County Police Department who is authorized to carry out and enforce the provisions of this
chapter Such individual shall also be known as and may bear the title of "humane offices"
(d) "Attack" means aggressive physical contact with a person or animal initiated by the dog which may
include, but is not limited to, the dog jumping on, leaping at, or biting a person or animal.
(e) "Bodily injury" means the same as that defined in section 707-700, Hawaii Revised Statutes.
(f) "County animal control service" means the animal control services provider contracted by the county to
keep stray or unlicensed dogs.
(g) "Dangerous dog" means any dog which, without provocation, attacks a person or animal. A dog's breed
shall not be considered in determining whether or not it is dangerous.
(h) "Enforcement officer" means any person authorized and designated to enforce the provisions of this
article; however, only an officer of the Hawaii County Police Department may arrest a person pursuant
to the provisions of this article.
(i) "Farm animals" mea;~s pigs, (eewsj, goats, sheep, horses, camels, cattle, mules, asses, and llamas.
(j) "Humane society" means any eleemosynary organization formed for the purpose of providing humane
care and treatment of dogs, cats and other animals.
(k) "Lawful Fence" means a fence as defined in section 142-61 of the Hawaii Revised Statutes,
(~j ~ "Negligently" shall have the same meaning as is ascribed to the term in section 702-206, Hawaii
Revised
Statutes.
(I) ~ "Owner" means any person owning, harboring or keeping a dog; provided that if the owner is a minor
under the age of l8 years, the parent, guardian or other person having the care, custody or control of the
minor shall be rebuttably presumed to be the owner. The person to whom the license was issued pursuant
to section 143-2, Hawaii Revised Statutes, shall be rebuttably presumed to be the owner of the dog for
purposes of this section.
(m) ~"Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one
or
more individual human beings.
(n) ~ "Poultry" means chickens, pigeons, turkeys, geese, ducks and peacocks not regulated by state law.
(o) ~i "Provocation" means that the attack by a dog upon a person or animal was precipitated under
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circumstances reasonably expected to evoke a vicious response from the dog, including, but not limited
to, the following:
(1) The dog was protecting or defending its owner or a member of its owner's household from an attack
or assault;
(2) The person attacked was committing a crime while on the property of the owner of the dog;
(3) The person attacked was tormenting, abusing or assaulting the dog;
(4) The dog was attacked by the animal;
(5) The dog was responding to pain or injury inflicted by the attacked person or animal; or
(6) The dog was protecting itself, its kennels or its offspring from the attacked person or animal and the
attack was committed on its owner's property.
(p)er "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a
laceration requiring stitches, a concussion, or a tearing or rupture of an organ.
(q) ~"Sterilized dog" means a spayed female dog and a neutered male dog.
{r~ ~"Stray" means: (I)an unlicensed dog or dog without a license for the current year; (2) any dog on the
premises of a person other than the owner of the dog, without the consent of an occupant of such
premises, (3) any dog on a public street, on public or private school grounds, or in any other public place,
except when under the control of the owner by leash, cord, chain or other similar means of physical
restraint, provided that such leash, cord, chain or other means is not more than eight feet in length, and
provided further that this provision shall not be construed to permit that which is prohibited by any other
law; or (4) a cat or small domesticated animal wandering or running at large, or found upon any public
place or found not upon the lands of the owner or not under the charge or control of one in possession.
(s3u "Vicious dog" means a dog which:
(I) Places a person or otn.,r animal in imminent danger of bodily injury; or
(2) Has bitten any person or animal.
A dog shall not be deemed vicious where the vicious behavior in question is the result of the dog
being tormented, assaulted, or otherwise abused by the victim of the vicious behavior.
(1973, Ord. No. 11, sec. l; Am. 1975, Ord. No. 86, sec. l; Am. 1980, Ord. No. 510, sec. 2; Am. 1980, Ord.
No. 579, sec. l; Am. 1988, Ord. No. 88-48, sec. 2; Am. 1992, Ord. No. 92-93, sec. l; Am. 2002, Ord. No.
02-138, sec 2.)
Article 2. Dog, Cat, and Animal Pounds.
Section 4-2. Pound established for dogs, cats, and small domesticated animals.
There may be established pounds for the purpose of impounding, sheltering, and disposing of
unlicensed, lost, stray, homeless or diseased dogs, for the destruction or other disposition of seized dogs, not
redeemed, and for the sheltering and disposing of lost, stray, unclaimed or diseased cats and other small
domesticated animals in the districts of Ka`u, Hilo, Hamakua, Puna, Kohala and Kona, County of Hawaii.
(1973, Ord. No. 11, sec. I; Am. 1975, Ord. No. 86, sec. l; Am. 1980, Ord. No. 510, sec. 2.)
Section 4-3. Direction, control, and administration of pound.
Each pound shall be underthe direction, control, and administration ofthe County or a humane society
with whom the County has contracted for services which shall, in addition to the duties provided in section
4-2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to chapter 143,
Hawaii Revised Statmce The County may enter into contracts with more than one humane society to carry
out the purposes of this chapter and chapter 143, Hawaii Revised Statutes.
(1973, Ord. No. 11, sec. I; Am. 1975, Ord. No. 86, sec. I; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord.
No. 92-93, sec. 2.)
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Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals.
The County or the humane society with whom the County has contracted for services shall be
authorized to seize and impound any dog, cat, or other small domesticated animal, when such dog, cat, or other
small domesticated animal is a stray, and to dispose of such dog, cat, or small domesticated animal in
accordance with chapter 143, Hawaii Revised Statutes. (1973, Ord. No. 11, sec. l; Am. 1975, Ord. No. 86,
sec. I; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.)
Section 4-5. Enforcement by humane officer.
The humane society with whom the County has contracted for services may designate its employees
who possess qualifications and training satisfactory to the County to serve as humane officers to carry out the
provisions of this article, chapter 143, Hawaii Revised Statutes, and other provisions of this chapter which
expressly authorize such humane officers to take specific action by ordinance. (7973, Ord. No. ] 1, sec. 1; Am.
1975, Ord. No. 86, sec. l; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.)
Section 4-6. Expenses . n3 appropriations for the pound.
All expenses of seizing, impounding and disposing of stray dogs, cats, and small domesticated stray
animals shall be borne by the humane society with whom [he County has contracted to provide such services.
The council, however, shall from time to time make such appropriations to assist such humane society as in
its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities which such
humane society may be required to perform under this chapter. (1973, Ord. No. 11, sec. l ; Am. 1975, Ord. No.
86, sec. l; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.)
Section 4-7. Agreement between County and humane society required.
An agreement containing, but not limited to, the extent of services rendered or to be rendered by the
humane society and methods of reporting and accounting shall be entered into between the society and the
County before any payments may be made to the society under this chapter. (1975, Ord. No. 11, sec. l; Am.
1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2J
Section 4-8. Quarterly report required.
The humane society, individually, shall render a full report of its activities, budget, and operations
relating to the impounding of stray dogs, cats, and other stray domesticated animals to the mayor and council
within one month after the end of each quarter in each fiscal year.
(]973, Ord. No. 1 I, sec. l; Am. 1975, Ord. No. 86, sec. I; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord.
No. 92-93, sec. 2.)
Section 4-9. Conti of of pound by humane society.
Any humane society charged with the responsibility of operating a pound under a contract with the
County shall have full and complete control over the administration, maintenance and operation ofthe pound,
subject to the powers reserved to the County under any contract. Such society, or its employees, officers,
directors and agents, shall not be viewed as an agent or employee of the County due to the County's
establishment and maintenance ofcontrols to assure that public funds distributed to the society are being spent
for public purposes. (1973, Ord. No. 11, sec. l; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec.
2; Am. 1992, Ord. No. 92-93, sec. 2.)
Section 4-10. Transfer of facilities and equipment to societies; reversion.
(a) The County administration is authorized to transfer facilities, equipment, and supplies, which were
assigned to pound operations, to the humane society for use in pound functions in accordance with section 6-
3.3(k), Hawaii County Charter. The humane society shall not sell, exchange or dispose of the transferred
8
facilities, equipment, and supplies without the written approval of the council.
(b) Should any humane society cease to operate or use such facilities, equipment and supplies for its intended
purpose for a period of sixty days, such facilities, equipment and supplies transferred by the County for
operation of the animal pound shall revert to the ownership and control of the County.
(c) Should any Humane society terminate its contract for services with the County for any reason, voluntarily
or involuntarily, any cquiNment or supplies purchased by the society with contract funds shall revert to
the ownership and control ofthe County. (1973, Ord. No. ] 1, sec. I; Am. 1975, Ord. No. 86, sec. I ; Am. 1980,
Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.)
Section 4-ll. Indemnification to County.
The humane society with whom the County has contracted for services shall undertake to indemnify
the County, its officers, agents, employees, and successors, from any and all liabilities, losses or damages the
County, its officers, agents, employees, and successors may suffer as a result of claims, demands, costs, or
judgments against it arising out of the establishment, maintenance, and operation ofthe pound, or the seizure,
impoundment and disposition of dogs, cats and small domesticated animals, or any activity arising under the
contract or this chapter. (1973, Ord. No. 11, sec. l; Am. ]975, Ord. No. 86, sec, l; Am. 1980, Ord. No. 510,
sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.)
Article 3. Dog License Fees.
Section 4-12. Fees.
(a) The following fees are hereby established as biennial license fees for the privilege of owning,
harboring or keeping of dogs in the County:
(1) Sterilized dogs ................................................................................................................(~OOj 1$ 0.00
(2) Unsterilized dogs ............................................................................................................f'6Er.00) $25.00
(b) For purpose of this sxcion a sterilized dog means a spayed female dog and a neutered male dog.
(1977, Ord. No. 301, sec. I; Am. 1980, Ord. No. 570, sec. 2; Am. 1981, Ord. No. 644, sec. I.)
Section 4-13. Proof of sterilization.
Any person seeking to have his dog licensed at the sterilized dog rate must present a certificate from a
veterinarian licensed to practice within the State showing the description, age, and breed of the dog and
certifying its sterilization.
(1977, Ord. No. 301, sec. l; Am. 1980, Ord. No. 517, sec. 2; Am. 1981, Ord. No. 644, sec. I.)
Article 4. Prohibitions.
Division I. Dogs, Cats, and Other Animals.
Section 4-t4. Impoundment of animals.
(a) If any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands, private
lands of another, or upon any public highway in the County, any police officer or officer may seize and
impound such animal for such period of time as may be deemed necessary; provided that reasonable
attempts have first been made to notify the owner or keeper of the animal to remove the animal.
(b) If reasonable attempts to notify the owner or keeper of the animal are unsuccessful, if the owner or keeper
is unknown, or the owner or keeper refuses or fails to remove the animal after notice, the animal may be
seized and impounded by the police or any officer. The owner or keeper of the animal shall pay not less
than f$5) $25 for Pack animal that is seized and impounded plus all additional costs incurred in the removal
and transportation of the animal, and all costs for the feeding and care of each animal, including, but not
9
limited to bona fide veterinary expenses. [f any damage is done by the animals, the owner thereof shall
pay to the proper claimant the full amount of damage or loss occasioned by the straying of the animals.
(c) In case the charges and fees are not paid, or after forty-eight hours, in cases where the owners are
unknown, the animals may be sold at public auction, or disposed of by the chief of police or his
authorized representative.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 2.)
Section 4-14.01 Confinement by fences
All farm animals shall be confined within lawful fences and gates properly secured, except in
areas where the law does not require lawful fences.
Section 4-14.02 Animals not permitted at large
No person ownine or havine in his/her custody farm animals shall intentionally, knowingly,
recklessly or neelieerrlynermit the same to go at large, to the annoyance or injury to others, nor shall
such farm animals be permitted at large upon the streets or other public ways of the county. Such an
action is declared to be a nuisance and dangerous to the public health and safety.
Section 4-14.03 Animals at large prima facie evidence
In the event anv person owning or having in his custody farm animals shall permit the same to
go at large, and in the event the premises of such owner or custodian lacks a lawful fence in good repair.
it shall be prima facie evidence that such owner or custodian knowingly, recklessly or negl~ently
permitted such farm animal to go at large.
Section 4-14.04 Violation of Animals at large
Any person violating anv of the provisions in this section shall be punished by a fine of not more
than $1000.
Section 4-15. Failure to remove animal; penalty.
In addition to the charges or damages in section 4-14, the owner of any animal which trespasses,
roams, strays, or grazes upon any public or private lands, or upon a public highway in the County, if upon
notice, fails to remove the animals within twenty-four hours thereof, shall be guilty of a violation of this
section and upon conviction thereof shall be fined not more than (SAO) $1000.
(1980, Ord. No 510, sec. 2.)
Section 4-16. Duty upon striking animals, including dogs and cats.
The driver ofany vehicle which collides with or is involved in an accident with any animal, including
dogs and cats, shall:
(a) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately
(b) Have the animal's owner located, or
(c) Notify the police department or humane society.
There shall be a penalty of not more than ($50) $1000 for each violation of subsection (b) or (c) of this
section.
(e) An enforcemept officer issuing a citation for a first violation of this section may set a minimum fine
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of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a judee will not be bound to the minimum fine of $75.00.
(1980, Ord. No. 510, sec. 2; Am. 7980, Ord. No. 579, sec. 4; Am. 1986, Ord. No. 86-34, sec. I
Section 4-17. Cruelty to animals, including dogs and cats.
A person commits the offense of cruelty to animals, dogs and cats if he knowingly or recklessly:
(a) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes;
(b) Abandons any animal, dog or cat;
There shall be a peral'.y o not more than 0500) 1000 for each violation of this section.
(1980, Ord. No. 510, sec. 2; Am. 1986, Ord. 86-34. sec. 2.)
Section 4-18. Places prohibited to animals, including dogs and cats.
(a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other
domestic animal, whether loose or on a leash or in restraint on or about any County beach park or any
establishment or place of business where food or food products are sold or displayed, including but not
limited to restaurants, grocery stores, meat markets, fruit or vegetable stores.
(b) This section shall not apply to "Seeing Eye" dogs or other dogs necessarily utilized for the benefit of
handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the
Federal, State or County governments.
(c) There shall be a penalty of not more than (556) $1000 for each violation of this section.
jd) An enforcement officer issuing a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a judge will not be bound to the minimum fine of $75.00.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 1 l; Am. 1986, Ord. No. 86-34, sec. 3.)
Section 4-19. Defecation and nuisance prohibited.
(a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated
animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or commit any nuisance on
any part of any street, : cl!~ding any sidewalk, passageway or bypath, or on any play area, park, or place
where people congregate yr walk, or on any public property, or on any private property, without the
permission of the owner of the property.
(b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies
between and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops,
provided that the person who owns, harbors, keeps or has charge or control of a domesticated animal shall
immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container,
and dispose of the same all in a sanitary manner.
(c) There shall be a penalty of not more than (IS50) $1000 for violations of this section.
(dl An enforcement officer issuing a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a judee will not be bound to the minimum fine of $75.00.
(1980, Ord. No. 510, sec. 2; Am. 1986, Ord. No. 86-34, sec. 4.)
Division 2. Dogs.
Section 4-20. Seizure of dogs by officers.
(a) Seizure of Unlicensed Dogs.
(1) Every officer shall seize any unlicensed dog found running at large or found upon any public
I1
highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a
sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum period of
forty-eight hours, during which time it shall be subject to redemption by its owner by payment of
the license due, if any, and an impoundment fee of {',610) $20. Every dog found without a registration tag
affixed to his or her collar will be deemed to be unlicensed.
(2) If not so redeemed, the dog shall be sold by the officer for the amount of the license and
impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be
humanely destroyed.
(3) The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided
in this section, may redeem the dog at any time before sale or destruction by paying to the humane
society, in addition to the amount of the license and impoundment fee, the sum of (',65j $15 per day for the
number of days over two days the dog was impounded.
(4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid
to the director of finance.
(b) Seizure of Licensed Stray Dogs.
(I) Every officer shall seize and impound any licensed stray dog.
(2) The officer shall notify the person to whom the license was issued, at the address given in the
license certificate, and shall, upon demand made within forty-eight hours thereafter, release the dog
to the person upon payment of an impoundment fee of ($3Bj $15.
(3) If no persor lawfully entitled to the dog shall, within seven days after the date of giving notice,
claim the dog, the .+og may be sold or destroyed by the humane society.
(4) The owner of any licensed dog impounded and not claimed within forty-eight hours may redeem the
dog at any time before the sale or destruction of the dog by paying to the humane society, in
addition to the ($10) $25 impoundment fee, the sum of (',65j $15 per day for the number of days over two days
the dog was impounded.
(5) All impoundment and kennel fees collected by the humane society in any given month shall be
deposited by the humane society no later than the fifth day of the following month with the finance
director to the credit of the County of f lawai`i general fund account.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 5; Am. 1995, Ord. No. 95-32, sec. 2.)
Section 4-21. Seizure of stray dogs by persons other than officers.
(a) Every person other than an officer as defined hereinabove who takes into possession any stray dog shall
within forty-eight hours notify the humane society and release the dog to the humane society to be
impounded and disposed of according to section 4-20.
(b) There shall be a penalty of (',619) not more than $1000 for each violation of this section.
(d An enforcement officer issuinP a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a judee will not be bound to the minimum tine of $75.00.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 6.)
Section 4-22. Redemni'o:~ of seized dogs after sale.
The owner of any dog which has been seized and sold as provided in this chapter may, at any time within
thirty days after the sale, redeem the same from the purchaser by paying to him the amount of the purchase
price paid by the purchaser and the sum of ($1) ~ per day for the nwnber of days from the date of sale to and
including the date of redemption, plus bona fide veterinary expenses.
(1980, Ord. No. 510, sec. 2.)
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Section 4-23. Female dogs.
(a) Any female dog in season is not permitted to run at large or be off the premises of the owner or keeper
during this period except when being exercised on a leash by a responsible adult.
(b) At all other times, when any dog is in season such dog shall be confined within a building or enclosure in
such manner that she will not come in contact (except for intentional breeding purposes) with a male dog.
(c) A penalty of ('.6~6) not more than $1000 shall be imposed upon the owner or keeper of a dog for each
violation of this section.
{d) An enforcement officer issuing a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the tine is not
paid by the initial court date a judge will not be bound to the minimum fine of $75.00.
(1980, Ord. No. 510, so:. Am. 1980, Ord. No. 579, sec. 7.)
Section 4-24. Noisy dogs.
(a) No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously or
incessantly for a period often minutes or barks, bays, cries, howls or makes any other noise intermittently
for a period of twenty minutes within athirty-minute period of time to the disturbance of any person
between the hours of 5:00 a.m. and 10:00 p.m. and regardless of whether the
dog is physically situated in or upon private property.
(b) No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously or
incessantly for a period of five minutes or barks, bays, cries, howls or makes any other noise intermittently
for a period often minutes within athirty-minute period of time to the disturbance of any person at between
the hours of 10:00 p.m. and 5:00 a.m. and regardless of whether the dog is physically situated in or upon
private property
f~
(c) A dog shall not be deemed a noisy dog for purposes of this section if, at the time the dog is barking or
making any other noise, a person is trespassing or threatening to trespass upon private property in or upon
which the dog is situated or for any other legitimate cause which teased or provoked the dog. Such action
is declared to be a public nuisance and detrimental to the public health and welfare.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 8; Am. 1992, Ord. No. 92-109, sec. l
Section 4-25. fNeFsy-:3eg; Penalty for Noisy Does.
U A penalty of not more than $1000 shall be imposed upon the owner or keeper of a dog for each
violation of this section.
(b) An enforcement officer issuing a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a judge will not be bound to the minimum fine of $75.00.
(cl In addition to a monetary violation, aludge may also order an owner of a noisy dog to attend
obedience school with the noisy dog.
enstedian
eftlris
13
Eel-~be~e-abal
penalty-a€
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 9; Am. 1992, Ord. No. 92-109, sec. l; Am. 1996;
Ord. No. 96-105, sec. l.)
Section 4-26. Harboring, holding for reward, or licensing of strayed or stolen dogs.
(a) Except as otherwise provided, no person shall harbor or hold for reward or procure a license for a dog
which has strayed from his premises or which has been picked up on a public street, highway or other
public place unaccompanied by its owner or other person or which has been stolen from its owner.
(b) There shall be a penalty of (~B) not more than $1000 for each violation of this section.
(C) An enforcement officer issuing a citation for a first violation of this section may set a minimum floe
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
paid by the initial court date a iudEe will not be bound to the minimum fine of $75.00.
(1980, Ord. No. 510, sec. 2.)
Section 4-27. Injuring or poisoning dogs.
(a) Unless otherwise provided by law, no person shall wilfully or negligently injure or poison any dog.
(b) There shall be a penalty of ('.6-IO) not more than $1000 for each violation of this section.
(1980, Ord. No. 5 L0, sec. 2; Am. 1980, Ord. No. 579, sec. 10.)
Section 4-28. Dangerous dogs may be slain.
(a) If any dangerous, fierce, or vicious dog shall be found running at large and cannot be taken up or
tranquilized and impounded, such dog may be slain by any officer or agent authorized to perform any
duty under this chapter.
(b) Notwithstanding any provision to the contrary which may be found elsewhere in this chapter, where
livestock have been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of
such livestock or his agent, after being deputized as a special officer in accordance with the provisions of
section 4-5, may take any action necessary to protect his livestock from such dangerous, fierce, or vicious
dog, including, without limitation, slaying or otherwise disposing of the same.
(1980, Ord. No. 510, sec. 2.)
Section 4-29. Leash required for public places.
No person shall bring or permit any dog in any County park, public school ground, or airpoR unless it is
held under control by a suitable leash, not more than six feet long; provided, however, that dogs even under
control by a suitable leash shall not be allowed in any County beach park. These restrictions shall not apply
to dogs utilized by police for patrol or other police purposes. It shall be unlawful for the owner of any doe,
whether such doe is licensed or not, to hermit such dog to become a stray.
(1980, Ord. No. 510, sec. 2; Am. 1986, Ord. No. 86-34, sec. 5.)
Section 4-30. Pena:[} fo: permitting a dog to stray.
In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public lands
or the private lands of another shall be fined (as follows:) not more than $1000.
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(A) An enforcement officer issuing a citation for a first violation of this section may set a minimum fine
of $75.00 to be paid before the court date set in the complaint and summons. However, if the fine is not
the initial court date a iudEe will not be bound to the minimum Tne of $75.00.
~ ,
f~~
f~~
(1980, Ord. No. 510, sic. 2; Am. 1980, Ord. No. 579, sec. 12; Am. 1995, Ord. No. 95-32, sec. 3.)
Section 4-31. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties.
(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the person
negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a
person or animal and such attack results in:
(1) the maiming or causing of serious injury to or the destruction of an animal; or
(2) bodily injury to a person.
A person convicted under this subsection shall be guilty of a petty misdemeanor and sentenced in
accordance with subsections (c), (d), and (e).
(b) For the purposes of this section, "reasonable measures to prevent the dog from attacking" shall include
but not be limited to:
(I) measures required to be taken under sections 4-]4, 4-15, 4-18, 4-20, 4-23, 4-30 and 4-32 of this
chapter to prevent the dog from becoming a stray; and
(2) any conditions imposed by the court for the training of the dog or owner or for the supervision,
confinement or restraint of the dog for a previous conviction under this section.
(c) A dog owner convicted under subsection (a) shall be sentenced to one or more of the following:
(1) A Fne of not less than $200 nor more than $2,000;
(2) A period of imprisonment of up to 30 days, or in lieu of imprisonment, a period of probation of not
more than six months in accordance with the procedures, terms and conditions provided in chapter
706, part II, Hawaii Revised Statutes;
(3) Restitution to zry ~n'i-~idual who has suffered bodily injury or property damage as a result of an
attack by the dog;
(d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to
the following mandatory provisions, in addition to the provisions of subsection (c):
(1) The owner shall provide the owner's name, address and telephone number to the county animal
control service;
(2) The owner shall provide the location at which the dog is currently kept, if such location is not the
owner's address;
(3) The owner shall promptly notify the appropriate animal control service of:
(A) Any changes in the ownership of the dog or the location of the dog along with the names,
addresses and telephone numbers of new owners or the new address at which the dog is
located;
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(B) Any further instances of an attack by the dog upon a person or an animal;
(C) Any claims made or lawsuits brought as a result of further instances of an attack by the dog;
or
(D) 'Che death of the dog.
(4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawaii Revised Statutes, if
the dog is not currently licensed; and
(5) Unless already ide~~t'.fiod by microchip, the dog shall be permanently identified, at the owner's
expense, by injecting into the dog an identification microchip using standard veterinary procedures
and practices. The microchip identification number of the dog shall be provided to the county
animal control service.
(e) In addition to the provisions of subsections (c) and (d), the dog owner may also be sentenced to any of the
following teens or conditions:
(I) When indoors, the dog be under the control of a person eighteen years of age or older;
(2) When outdoors and unattended, the dog be kept within a locked fenced or walled area from which it
cannot escape;
(3) When outdoors and unattended, the dog be confined to an escape-proof kennel;
(4) When outdoors, the dog be attended and kept within a fenced or walled area from which iC cannot
escape;
(5) When outdoors, the dog be attended and kept on a leash no longer than six feet in length and under
the control of a person eighteen years of age or older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that prevents the dog from biting
any person or animal but does not cause injury to the dog or interfere with its vision or respiration;
(7) A sign or signs be placed in a location or locations directed by the court advising the public of the
presence and dangerousness of the dog;
(8) The owner and dog, at the owner's expense, attend training sessions conducted by an animal
behaviorist, a licensed veterinarian or other recognized expert in the field;
(9) The dog be neutered or spayed at the owner's expense, unless the neutering or spaying of the dog is
medically contrainuicated,
(10) The owner procure liability insurance or post bond of not less than $50,000, or for a higher amount
if the court finds a higher amount appropriate to cover the medical and/or veterinary costs resulting
from potential future actions of the dog;
(11) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control the dog. For the purposes of
this subsection, an escape-proof kennel means a kennel which allows the dog to stand normally and
without restriction, which is at least two and one-half times the length of the dog, and which
protects the dog from the elements. Fencing or wall materials required under this section shall not
have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps
therein shall not be more than two inches. Any gates within such kennel or structure shall be
lockable and of such design as to prevent the entry of children or the escape of the dog, and when
the dog is confined to such kennel or area and unattended, such locks shall be kept locked. The
kennel may be required to have double exterior walls to prevent the insertion of fingers, hands or
other objects.
(f) Upon probable cause, an enforcement officer may either arrestor issue a summons and citation to the
owner for violation of subsection (a).
(1980, Ord. No. 579, sec. 13; Am. 1987, Ord. No. 87-122, sec. 2; Am. 2002, Ord. No. 02-138, sec. 3.)
Section 4-31.1. Citation and summons; seizure; relinquishment of ownership.
16
(a) Upon Ending probable cause to believe that there has been ( an "attack"
as defined in section 4-1 (dl an enforcement officer may, in addition to arresting or issuing a summons and
citation to the owner pursuant to section 4-31, have the dog seized and impounded if the dog is posing an
imminent threat to human beings or to other animals. Such impoundment may be at the premises of a licensed
veterinarian or at a commercial kennel. All expenses of the boarding and retention of the dog shall be borne
by the owner.
(b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if he or
she does not appear at the time and place stated in the summons, the dog shall be subject to
relinquishment pursuant to subsection (d).
(c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall
be guilty of a petty misdemeanor and fined not less than $200 nor more than $2,000, imprisoned not more
than 30 days, or both.
(d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court
as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the
dog as it deems appropriate.
(e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary
relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding
the dog and any penalties which may he imposed by the court.
(1988, Ord. No. SF-~R, s:c. 3; Am. 2002, Ord. No. 02-138, sec 3.)
Section 4-31.2. Exemption.
The provisions of this article shall not apply to dogs owned by any law enforcement agency and used in
the performance of law enforcement work.
(1988, Ord. No. 88-48, sec. 3; Am. 2002, Ord. No. 02-138, sec 3.)
Section 4-31.3. Civil action not precluded.
Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action
against the owner of such dog pursuant to the applicable provisions of state law.
(1988, Ord. No. 88-48, sec. 3; Am. 2002, Ord. No. 02-138, sec 3.)
Section 4-31.4. Severability.
If any provision of this article or the application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of the article which can be given effect without the
invalid provisions or applications, and to this end the provisions of this article are severable.
(2002, Ord. No. 02-138, sec 3.)
Division 3. Enforcement.
Section 4-32. Enforcement.
For any violation of any of the provisions of this article or of the provisions of chapter 143, Hawaii
Revised Statutes, it shay! be the duty of any officer authorized to seize and impound any dog running at large
within the meaning of this article to issue a summons to the owner or other person charged with the
responsibility of complying with the provisions of this article or with the provisions of chapter 143, Hawaii
Revised Statutes. Said summons shall instruct such owner or person to report at the violations bureau of the
respective district courts of the third circuit. Each such owner or person may, within seven days after the
receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be
set by the administrative judge of the district courts, for appearance on the date as may be set for such person
to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed
forfeited.
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(1986, Ord. No. 86-34, sec. 6.)
Section 4-32.1. Training; appointment; powers of humane officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes, a humane
officer shall be authorized to issue a complaint and summons or other form of citation as the finance
director may deem to be appropriate to enable a humane officer to carry out and to perform the duties of a
humane officer under this chapter and any contract between the County and a humane society.
(b) The finance director shall verify that a person designated by a humane society to serve as a humane
officer is qualified and trained to serve in that capacity. The finance director shall be empowered to
establish minimum reS~iirements for qualification and training, which may be revised from time to time,
provided that a copy thereof, and of any revisions, shall be kept on file with the finance director's office
thereof at all times. All County agencies, officers and employees shall render their cooperation and
assistance to the finance director for purposes of this subsection (b).
(c) The finance director, upon verification of a humane officer's qualification and training shall issue an oath
of office and identification badge or insignia to the humane officer.
(d) A humane 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 humane officer's discharge as an employee of the humane
society or discharge as a humane officer by the finance director. The finance director may terminate and
discharge a humane officer's appointment upon recommendation of the humane society of which the
humane officer is an employee or upon a finding by the finance director that the humane officer has failed
to comply with the minimum qualification and training requirements established for humane officers by
the finance director.
(e) No proceeding for the appointment, termination or discharge of humane officers shall be subject to laws
governing civil service or public employees.
(1992, Ord. No. 92-93, sec. 3.)
Section 4-33. Summons.
There shall be provided for use by officers authorized to enforce laws relating to the regulation and
control of dogs, a form of summons for use in citing violators of the provisions of chapter 143, Hawaii
Revised Statutes. Said summons shall be printed in a form commensurate with the form of other summonses
used in modern me*ho~'s of arrest, so designed to include all necessary information to make the same valid and
legal within the laws and regulations ofthe State of Hawaii and the County of Hawaii. The form and content
of such summons shall be as adopted or prescribed by the administrativejudge of the district courts.
In every case when a summons is issued, the original of [he same shall be given to the violator; provided
that the adrninistrativefudge of the district courts may prescribe the giving to the violator a carbon copy of
the summons, and provide for the disposition of the original and any other copies.
Every summons shall be consecutively numbered and each carbon copy shall bear the number of its
respective original.
(1986, Ord. No. 86-34, sec. 6.)
Section 4-34. Failure to obey summons.
It shall be unlawful for any person to fail to appear at the place and within the time specified in the
summons issued to him by an officer for any violation of any section of this article, regardless of the
disposition of the charge for which he was originally cited.
(1986, Ord. No. 86-34, sec. 6.)
Section 4-35. Issuance of complaint; when.
18
In the event any person fails to comply with a summons given to such person or if any person fails or
refuses to deposit hail a;; 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.
(1986, Ord. No. 86-34, sec. 6.)
Section 4-36. Disposition of tines and forfeitures.
All 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 County of Hawaii and deposited
in the general fund of the County of Hawaii.
(1986, Ord. No. 86-34, sec. 6.)
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 111, Hawaii Revised Statutes: Fences and Trespasses by Animals
Section 142-74, I Iawai`i Revised Statutes: Liability of dog owner; penalty
Section 663-I, Hawaii Revised Statutes: Torts, who may sue and for what
Section 142-96, Hawaii Revised Statutes: Frightening animals; penalty
Sections 187-12-14*, Hawaii Revised Statutes: Predators and destructions of predators
Section 142-97, Hawaii Revised Statutes: Wild cattle through street; penalty
(198Q, Ord. No. 5 10, sc~-. 2r Am. 1980, Ord. No. 579, secs. 13 and ] 4; Am. 1986, Ord. No. 86-34, sec. 7.)
* F,ditur's Nnte: Hewai `i :le~ised .datutes chapter I R7 has bcen repwled.
Section 4-38. Severability.
if any provision of this chapter is held invalid for any reason by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining provisions of this article.
(1986, Ord. No. 86-34, sec. 7.)
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