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COM 0022.041 2004-2006
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COM 0022.041 2004-2006
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Last modified
5/12/2008 12:18:15 PM
Creation date
5/8/2008 11:24:08 PM
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Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0022
Point
041
Author
Steven J. Araujo
Communications - Referred To
COUNCIL
Comments
PSPRC: Close file - 3/21/06 Council: Referred Bill 4, Drafts 5 and 6, and all related communications back to the Public Safety and Parks and Recreation Committee - 2/15/06 Presented: Council Public Hearing - 3/10/05
Document Relationships
AGE COUNCIL 02/15/2006 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Council
AGE PSPRC 04/18/2006 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Public Safety & Parks & Recreation Committee (PSPRC)
BIL 004 Draft 05 2004-2006
(Related)
Path:
\Council Records\Bills\2004-2006
COM 0022.000 2004-2006
(Related)
Path:
\Council Records\Communications\2004-2006
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area and unattended, such locks shall be kept locked. The kennel may be required to have double <br /> exterior walls to prevent the insertion of fingers, hands or other objects. <br /> <br /> (f) Upon probable cause, an enforcement officer may either arrest or issue a summons and citation to the owner <br /> for violation of subsection (a). <br /> Section 431.1. Citation and summons; seizure; relinquishment of ownership. <br /> <br /> (a) Upon finding probable cause to believe that there has been [ ] an "attack" as <br /> defined in section 4-1(el, an enforcement officer may, in addition to arresting or issuing a summons and <br /> citation to the owner pursuant to section 4-31, have the dog seized and impounded if the dog is posing an <br /> imminent threat to human beings or to other animals. Such impoundment may be at the premises of a <br /> licensed veterinarian or at a commercial kennel. All expenses of the boarding and retention of the dog shall <br /> be borne by the owner. <br /> <br /> (b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if he or she <br /> does not appear at the time and place stated in the summons, the dog shall be subject to relinquishment <br /> pursuant to subsection (d). <br /> <br /> (c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be <br /> guilty of a petty misdemeanor and fined not less than $200 nor more than 1 000 [$999], imprisoned not <br /> more than 30 days, or both. <br /> (d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as <br /> required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog <br /> as it deems appropriate. <br /> (e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary <br /> relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the <br /> dog and any penalties which may be imposed by the court. <br /> Section 431.2. Exemption. <br /> The provisions of this article shall not apply to dogs owned by any law enforcement agency and used in the <br /> performance of law enforcement work. <br /> Section 431.3. Civil action not precluded. <br /> Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action <br /> against the owner of such dog pursuant to the applicable provisions of state law. <br /> > <br /> Division 3. Enforcement. <br /> Section 432. Enforcement. <br /> For any violation of any of the provisions of this article or of the provisions of chapter 143, Hawaii Revised <br /> Statutes, it shall be the duty of any enforcement officer authorized to seize and impound any dog running at large <br /> within the meaning of this article to issue a summons to the owner or other person charged with the responsibility <br /> of complying with the provisions of this article or with the provisions of chapter 143, Hawaii Revised Statutes. <br /> Said summons shall instruct such owner or person to report at the violations bureau of the respective district <br /> courts of the third circuit. Each such owner or person may, within seven days after the receipt of such summons, <br /> appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge <br /> of the district courts, for appearance on the date as may be set for such person to appear before the district court. <br /> Upon failure to appear upon such date, said bail bond shall be deemed forfeited. <br /> (1986, Ord. No. 86-34, sec. 6.) <br /> -11- <br /> <br />
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