HomeMy WebLinkAboutBIL 004 Draft 06 2004-2006OFFICE OF THE �OUNTY CLERK
County of Hawaii
Hilo , Hawai`i
(Draft- hl
Introduced By: Bob Jacobson
Date Introduced: February 16, 2005
First Reading: October 31, 2006
Published: N/A
REMARKS: February 16., 2005: Postponed
for public hearings.
Public Hearings: March 15, 17, & 22, 2005.
October 15, 2006: Referred back to PSPRC.
October 31, 2006,_._.Filed duecto.lack of
majority aye votes.
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
3
5
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
Safarik
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this
of
20
MAYOR, COUNTYOFHAWAI`I
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
day Reference:
Ord No.:
4 (DRAFT 6)
C-22.91/PSPRC-4 & 32
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
(Draft 6)
AN ORDINANCE AMENDING CHAPTER 4 OF THE HAWAII COUNTY CODE 1983
(2005 Edition), ANIMALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to repeal Chapter 4, Animals, Hawaii County
Code, and to set out a new chapter regarding animals.
SECTION 2. Chapter 4, Hawaii County Code 1983 (2005 Edition), is repealed.
SECTION 3. The Hawaii County Code 1983 (2005 Edition) is amended by adding a new
chapter to read as follows:
"Chapter 4
ANIMALS
Article 1. Administration Provisions
Section 4-1. Definitions.
As used in this chapter:
"Abandon" means to voluntarily release possession of an animal with the intent, or apparent
intent, of never again claiming an ownership or possessory interest in the animal.
"Animals," unless provided otherwise, include but are not limited to domesticated animals,
farm animals, poultry and those animals that are customary and usual pets such as dogs, cats,
rabbits, birds, 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, such as,
without limitation, for a hobby, for legal sporting activities, and for guarding of property;
animals exclude aviary game birds and fish as defined in the Hawaii Revised Statutes.
"Animal care center" means a nonprofit organization that is exempt from taxation pursuant
to section 501(c) of the Internal Revenue Code, 26 U.S.C., as amended formed for the purpose of
prevention of cruelty to animals.
"Animal control officer" means any employee or trained volunteer of a county -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 "enforcement officer."
"At large" means on the premises of a person other than the owner of the dog, other
domesticated animal, or farm animal without the consent of the occupant of the premises, or on a
roadway, or in any public place except when under the control of a responsible person or an
authorized representative of the owner.
"Attack" means aggressive physical contact with a person or animal initiated by a dog,
which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or
animal.
"Bodily injury" means the same as that defined in section 707-700, Hawaii Revised
Statutes.
"County animal control service" means an animal control services provider contracted by
the county to keep stray or unlicensed dogs.
"Dangerous dog" means any dog that, without provocation, attacks a person or animal. A
dog's breed shall not be considered in determining whether or not it is dangerous.
"Domesticated animal" means an animal which is tamed or housebroken and has been
adapted to live with human beings.
"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.
"Farm animals" means pigs, goats, sheep, horses, camels, cattle, mules, asses, and llamas.
"Guide dog" means a dog that has been or is being specially trained to aid blind or visually
impaired persons.
"Hearing dog" means a dog that has been or is being specially trained to aid deaf or
hearing-impaired persons.
"Humane society" means any nonprofit organization that is exempt from taxation pursuant
to section 501(c) of the Internal Revenue Code, 26 U.S.C., as amended, formed for the purpose
of providing humane care and treatment of dogs, cats and other animals.
"Impound" means the act of taking or receiving into custody by the enforcement officer any
dog or other animal for the purpose of confinement in an authorized pound in accordance with
the provisions of this chapter.
"Lawful Fence" means a fence as defined in section 142-61, Hawaii Revised Statutes.
"Micro-chip" means a tiny computer chip about the size of a grain of rice, which contains
identification data that is accessible to a humane society or animal care center
"Negligently" shall have the same meaning as is ascribed to the term in section 702-206,
Hawaii Revised Statutes.
"Owner" means any person owning, harboring or keeping a dog; provided that if the owner
is a minor under the age of eighteen 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.
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"Person" means and includes corporations, estates, associations, partnerships and trusts, as
well as one or more individual human beings.
"Poultry" means chickens, pigeons, turkeys, geese, ducks and peacocks not regulated by
State law.
"Pound" means a facility for the purpose of impounding seized, stray, homeless, abandoned,
or unclaimed animals; and an animal care center, or a humane society with whom the County has
contracted for services operates said facility.
"Provocation" means that the attack by a dog upon a person or animal was precipitated
under circumstances reasonably expected to evoke a violent 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 animal attacked the dog;
(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.
"Roadway" means any public or private street, avenue, road, alley, highway, lane, path, or
other place located in the County and established for the use of vehicular or pedestrian traffic.
"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.
"Service dog" means a dog that has been or is being specially trained to aid physically
disabled persons with a physical disability other than sight or hearing impairment.
"Sterilized dog" means a spayed female dog and a neutered male dog.
"Stray" means:
(1) any dog on the premises of a person other than the owner of the dog, without the
consent of an occupant of such premises;
(2) any dog on a roadway, 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 six feet in length, and provided further that this provision shall not be
construed to permit that which is prohibited by any other law; or
(3) a cat or other domesticated animal wandering or running at large, or found upon any
roadway, public place or found not upon the lands of the owner or not under the charge
or control of one in possession.
"Unlicensed dog" means any dog for which the license for the current year has not been
paid or to which the tag provided for in this chapter is not attached.
Section 4-2. Reserved.
I
Article 2. Dogs.
Division 1. License Required.
Section 4-3. Dog license.
It shall be unlawful for any person to own or harbor a dog unless the dog is licensed as
provided by this article.
This section shall not apply to dogs under the age of three months which do not run at large,
dogs in quarantine, and dogs brought into the County exclusively for the purpose of entering
them in a dog show or dog exhibition and not allowed to run at large.
A dog license shall be obtained by presentation of a written application and payment of the
license fee to the director of finance or that director's designee.
Section 4-4. License 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 dog..............................................................................................................$10
(2) Unsterilized dog.......................................................................................................... $25
(3) Sterilized dog that has a microchip implanted.............................................................$ 4
(4) Unsterilized dog that has a microchip planted.............................................................$10
(b) The license fee shall be due and payable on January 2 of every second year and shall be paid
before March 11 of every second year, or within thirty days after the exemption ceases in
the case of dogs becoming subject to this chapter. The full amount of the fee shall be paid
for any fraction of the license period for which a license is issued.
(c) All license fees received by the director of finance shall be deposited into the spay -neuter
special fund pursuant to article 7.
Section 4-5. Issuance of license and tags.
Upon the receipt of the license fee the director of finance, or that director's designee, shall
issue to the person paying the fee a license stating the following:
(1) The name and address of the person to whom the license is issued;
(2) The year for which the license is paid;
(3) The date of payment;
(4) A description of the dog for which the license is issued;
(5) The number of the metal tag issued for the dog; and
(6) Designation as such if the dog is a guide dog, hearing dog, or service dog.
The director of finance shall at the same time issue and deliver to the person a metal tag of
such form and design as the director of finance may designate with a serial number and the year
for which it is issued plainly inscribed thereon, which tag shall be attached to a collar around the
neck of the dog for which the license has been issued.
Section 4-6. Proof of sterilization and microchipping.
(a) Any person seeking to have a dog licensed at the sterilized dog rate must present a
certificate from a licensed veterinarian showing the description, age, and breed of the dog
and certifying its sterilization.
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(b) Any person seeking to have a dog licensed at the micro -chip rate must present a certificate
from a humane society, animal care center, or a licensed veterinarian showing the
description, age, and breed of the dog and certifying that a micro -chip has been implanted in
the dog.
Section 4-7. Licensing of strayed or stolen dogs.
No person shall procure a license for a dog which has strayed from its owner's premises or
which has been picked up on a roadway or public place unaccompanied by its owner or other
person or which has been stolen from its owner.
Section 4-8. Reserved.
Division 2. Leash and Confinement Requirements.
Section 4-9. Leash requirement.
(a) No person shall bring or permit any dog in any roadway, County park, public or private
school ground, airport, or in any other public place 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.
(b) Licensed dogs, when accompanied by and under the control of their owner, while lawfully
on public or private hunting grounds and engaged in the act of hunting, will not be subject to
the leash requirements, however, at all other times, the dogs are subject to the requirements
of this section.
(c) This section shall not apply to guide dogs, hearing dogs, or service dogs, as defined in
section 4-1, or to dogs used for purposes of law enforcement by law enforcement agencies
of the Federal, State or County governments.
(d) It shall be unlawful for the owner of any dog, whether the dog is licensed or not, to permit
such dog to become a stray.
Section 4-10. Female dogs.
(a) Any female dog in estrus 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 estrus 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.
Section 4-11. Reserved.
Division 3. Stray Dogs.
Section 4-12. 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
roadway, court, place, square, or grounds, or upon any unfenced lot, or not within a
sufficient enclosure, and confine it in a pound 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 $25. Every dog found without a
registration tag affixed to the collar of such dog will be deemed to be unlicensed.
5
(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 therefore, 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 disposal by
paying to the humane society or animal care center, in addition to the amount of the
license and impoundment fee, a kennel fee of $15 per day for the number of days over
two days the dog was impounded.
(4) All impoundment fees and kennel fees shall be paid to the director of finance and
deposited into the spay -neuter special fund.
(b) Seizure of licensed stray dogs.
(1) 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 $25.
(3) If no person lawfully entitled to the dog shall, within seven days after the date of
giving notice, claim the dog, the dog may be sold or destroyed by the humane society
or animal care center.
(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 humane disposal of the dog by
paying to the humane society or animal care center, in addition to the $25
impoundment fee, a kennel fee of $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 or animal care
center in any given month shall be deposited by the humane society or animal care
center no later than the fifth day of the following month with the finance director who
shall deposit the monies into the spay -neuter special fund.
Section 4-13. Seizure of stray dogs by persons other than officers.
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 or animal care center and
release the dog to such humane society or animal care center to be impounded and disposed of
according to section 4-12.
Section 4-14. Redemption 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 such
person the amount of the purchase price paid by the purchaser and the sum of $5 per day for the
number of days from the date of sale to and including the date of redemption, plus bona fide
veterinary expenses.
Section 4-15. Reserved.
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Division 4. Noisy Dogs.
Section 4-16. 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 of ten minutes or barks, bays, cries, howls, or makes
any other noise intermittently for a period of twenty minutes within a thirty -minute period of
time to the disturbance of any person between the hours of 5:00 a.m. and 10:00 p.m.,
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 of ten minutes within a thirty -minute
period of time to the disturbance of any person between the hours of 10:00 p.m. and 5:00
a.m., regardless of whether the dog is physically situated in or upon private property.
(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.
(d) 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, the dog is being teased or provoked.
(e) The provisions of this section shall not apply to pounds as defined in section 4-1.
(f) The provisions of this section shall apply equally to a group of dogs kept by any person,
persons or household.
Section 4-17. Penalty for noisy dogs.
In addition to a monetary fine imposed pursuant to this chapter, a judge may also order an
owner of a noisy dog to attend obedience school with the noisy dog.
Section 4-18. Reserved.
Division 5. Dangerous Dogs.
Section 4-19. 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.
(b) For the purposes of this section, "reasonable measures to prevent the dog from attacking"
shall include but not be limited to:
(1) Measures required to be taken under divisions 1 and 2 of this article 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 person convicted under this subsection shall be guilty of a petty misdemeanor and
sentenced in accordance with subsections (d), (e), and (f).
(d) A dog owner convicted under subsection (a) shall be sentenced to one or more of the
following:
(1) A fine of not less than $200 nor more than $1,000;
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(2) A period of imprisonment of up to thirty 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 any individual who has suffered bodily injury, emotional trauma, or
property damage as a result of an attack by the dog;
(e) 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
(d):
(1) The owner shall provide the owner's name, address, and telephone number to the
appropriate humane society or animal care center;
(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 humane society or animal care center
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;
(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) The 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 identified 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 appropriate humane society or animal care center.
(f) In addition to the provisions of subsections (d) and (e), the dog owner may also be sentenced
to any of the following terms or conditions:
(1) 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 it 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 contraindicated;
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(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 arrest or issue a summons and
citation to the owner for violation of subsection (a).
Section 4-20. Complaint and summons or other form of citation; seizure; relinquishment of
ownership.
(a) Upon finding probable cause to believe that there has been an "attack" as defined in section
4-1, an enforcement officer may, in addition to arresting or issuing a complaint and
summons or other form of citation to the owner pursuant to section 4-19, 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 complaint and summons or
other form of citation shall notify the owner that if the owner does not appear at the time and
place stated in the complaint and summons or other form of citation, 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
$1,000, imprisoned not more than thirty days, or both fined and imprisoned.
(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 be imposed by the court.
Section 4-21. Dangerous dogs may be slain.
(a) If any dangerous 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.
E
(b) Notwithstanding any provision to the contrary which may be found elsewhere in this
chapter, a livestock owner or that owner's agent, previously deputized as a special officer in
accordance with the provisions of section 4-46, may, on the property of or property
controlled by the livestock owner, take any action necessary to protect their own livestock
from attack by a stray dog, including, without limitation, slaying or otherwise disposing of
the same.
Section 4-22. 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.
Section 4-23. Civil action not precluded.
Nothing contained in this article shall preclude any person attacked by a dog from bringing
a civil action against the owner of such dog pursuant to the applicable provisions of state law.
Section 4-24. Reserved.
Article 3. Farm Animals.
Section 4-25. Farm animals shall be confined or otherwise humanely secured.
(a) All farm animals shall be confined within lawful fences and gates properly closed, or
otherwise humanely secured so that they remain on the property of their owners or
caretakers.
(b) No person owning or having in their custody farm animals shall intentionally, knowingly,
recklessly, or negligently, permit the same to go on the premises of a person other than the
owner of the farm animal, without the consent of the occupant of the premises, to the
annoyance or injury of 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 public health and safety.
(c) In the event any person owning or having custody of farm animals shall permit the same to
stray in violation of this section, and in the event the premises of such owner or custodian
lacks a lawful fence in good repair or other means to humanely secure the farm animal, it
shall be prima facie evidence that such owner or custodian knowingly, recklessly or
negligently violated this section.
Section 4-26. Impoundment of farm animals.
(a) If the provisions of section 4-25 are violated, any police officer or enforcement officer may
seize and impound a farm animal involved in said violation 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 farm animal.
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(b) If reasonable attempts to notify the owner or keeper of such farm animal are unsuccessful, if
the owner or keeper is unknown, or the owner or keeper refuses or fails to remove and
humanely secure the farm animal within twenty-four hours after notice, the farm animal
may be seized and impounded by the police or any officer. The owner or keeper of such
farm animal shall pay not less than $25 for each farm animal that is seized and impounded,
plus all additional costs incurred in the removal and transportation of each farm animal, all
costs for the feeding and care of each farm animal, including, but not limited to bona fide
veterinary expenses, and applicable penalties pursuant to this chapter. In addition, if any
damage is done by the farm animals, the owner thereof shall pay to the proper claimant the
full amount of damage or loss occasioned by the straying of the farm animals.
(c) In case the charges and fees are not paid, or after forty-eight hours, in cases where the
owners are unknown, the farm animals may be sold at public auction, or disposed of by the
chief of police or the authorized representative of the chief of police.
Section 4-27. Reserved.
Article 4. Animals.
Section 4-28. Places prohibited to domesticated 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 domesticated 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 guide dogs, hearing dogs, or service dogs, as defined in
section 4-1, or to dogs used for purposes of law enforcement by law enforcement agencies
of the Federal, State or County governments.
Section 4-29. Defecation and nuisance prohibited.
(a) No person who owns, harbors, keeps, or has charge or control of any dog or other
domesticated animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or
commit any nuisance on any part of any roadway, or on any play area, park, or place where
people congregate or 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 in a
sanitary manner.
Section 4-30. Duty upon vehicles colliding with animals.
The driver of any vehicle which collides with any animal shall immediately:
(1) Stop such vehicle at the scene of the accident or as close thereto as possible;
(2) Move the animal off the road, if possible, and render aid where necessary; and
(3) By the quickest means of communication, have the animal's owner located; or
(4) Notify the police department or humane society or animal care center.
Every such stop shall be made without obstructing traffic more than is necessary, and these
actions shall be taken in a manner which does not jeopardize the driver's safety or the safety of
others.
Section 4-31. Cruelty to animals.
In addition to the elements constituting cruelty to animals specified in chapter 711 of the
Hawaii Revised Statutes, a person also commits the offense of cruelty to animals if such person
knowingly or recklessly abandons any animal.
Section 4-32. Injuring or poisoning animals.
Unless otherwise provided by law, no person shall willfully or negligently injure or poison
any animal.
Section 4-33. Harboring, holding for reward strayed or stolen animals.
Except as otherwise provided, no person shall harbor or hold for reward any animal which
has strayed from its owner's premises or which has been picked up on a roadway or public place
unaccompanied by its owner or other person or which has been stolen from its owner.
Section 4-34. Reserved.
Article 5. Enforcement.
Section 4-35. Enforcement.
For any violation of any of the provisions of this chapter, or of the provisions of chapter 143,
Hawaii Revised Statutes, it shall be the duty of any enforcement officer authorized to seize and
impound any dog or other animal, in accordance with this chapter and to issue a complaint and
summons or other form of citation to the owner or other person charged with the responsibility of
complying with the provisions of this chapter, or with the provisions of chapter 143, Hawaii
Revised Statutes.
Said complaint and summons or other form of citation 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 complaint and
summons or other form of citation, 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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Section 4-36. Penalties.
Except as otherwise provided, there shall be a penalty of not less than $75 nor more than
$1,000 for each violation of this chapter. An enforcement officer issuing a citation for a first
violation of this chapter may set a fine of $75 to be paid before the court date set in the complaint
and summons or other form of citation. However, if the fine is not paid by the initial court date, a
judge will not be bound to the fine of $75.
Section 4-37. Training; appointment; powers of enforcement officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes,
an enforcement officer shall be authorized to issue a complaint and summons or other form of
citation as the police chief may deem to be appropriate to enable an enforcement officer to
carry out and to perform the duties of an enforcement officer under this chapter and any
contract between the County and a humane society or animal care center.
(b) The police chief shall verify that a person designated by a humane society or animal care
center to serve as an enforcement officer is qualified and trained to serve in that capacity.
The police chief shall be empowered to establish minimum requirements 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 police chiefs office thereof at all times. All
County agencies, officers and employees shall render their cooperation and assistance to the
police chief for purposes of this subsection.
(c) The police chief, upon verification of an enforcement officer's qualification and training,
shall issue an oath of office and identification badge or insignia to the enforcement officer.
(d) An enforcement 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 enforcement officer's discharge
as an employee of the humane society or animal care center or discharge as an enforcement
officer by the police chief. The police chief may terminate and discharge an enforcement
officer's appointment upon recommendation of the humane society or animal care center of
which the enforcement officer is an employee or upon a finding by the police chief that the
enforcement officer has failed to comply with the minimum qualification and training
requirements established for enforcement officers by the police chief.
(e) No proceeding for the appointment, termination or discharge of enforcement officers shall
be subject to laws governing civil service or public employees.
Section 4-38. Complaint and summons or other form of citation.
(a) There shall be provided for use by officers authorized to enforce laws relating to the
regulation and control of animals, a form of complaint and summons or other form of
citation for use in citing violators of the provisions of chapter 143, Hawaii Revised Statutes
and this chapter. Said complaint and summons or other form of citation shall be printed in a
form commensurate with the form of other complaints and summonses or other forms of
citations used in modern methods of arrest, so designed to include all necessary information
to make the same valid and legal within the laws and regulations of the State of Hawaii and
the County of Hawaii. The form and content of such complaint and summons or other form
of citation shall be as adopted or prescribed by the administrative judge of the district courts.
(b) In every case when a complaint and summons or other form of citation is issued, the original
of the same shall be given to the violator; provided that the administrative judge of the
district courts may prescribe the giving to the violator a copy of the complaint and summons
or other form of citation, and provide for the disposition of the original and any other copies.
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(b) In every case when a complaint and summons or other form of citation is issued, the original
of the same shall be given to the violator; provided that the administrative judge of the
district courts may prescribe the giving to the violator a copy of the complaint and summons
or other form of citation, and provide for the disposition of the original and any other copies.
(c) Every complaint and summons or other form of citation shall be consecutively numbered
and each copy shall bear the number of its respective original.
Section 4-39. Failure to obey complaint and summons or other form of citation.
It shall be unlawful for any person to fail to appear at the place and within the time specified
in the complaint and summons or other form of citation issued to such person by an officer for
any violation of any section of this article, regardless of the disposition of the charge for which
such person was originally cited. However, if the minimum payment set by the issuing officer is
paid in full prior to the scheduled court date, then this section will not apply.
Section 4-40. Issuance of complaint and summons or other form of citation; when.
In the event any person fails to comply with a complaint and summons or other form of
citation given to such person or if any person fails or refuses to deposit bail as required and
within the time permitted, the violations bureau shall forthwith have a complaint and summons
or other form of citation entered against such person and secure the issuance of a warrant for
such person's arrest.
Section 4-41. Reserved.
Article 6. Dog, Cat, and Animal Pounds.
Section 4-42. Pound established for dogs, cats, and other domesticated animals.
There may be established pounds for the purpose of impounding, sheltering, treating, and
humanely disposing of unlicensed, lost, stray, homeless, unclaimed or diseased dogs, and for the
sheltering, treating, and humanely disposing of lost, stray, homeless, unclaimed or diseased cats
and other domesticated animals in the districts of Ka`u, Hilo, Hamakua, Puna, Kohala and Kona,
County of Hawaii.
Section 4-43. Direction, control, and administration of pound.
Each pound shall be under the direction, control, and administration of the County, an animal
care center, or a humane society with whom the County has contracted for services which shall,
in addition to the duties provided in section 4-42, feed and shelter the dogs, cats, and other
domesticated animals in their care pursuant to chapter 143, Hawaii Revised Statutes. The
County may enter into contracts with more than one humane society or animal care center to
carry out the purposes of this chapter and chapter 143, Hawaii Revised Statutes.
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Section 4-44. Control of pound by humane society or animal care center.
Any humane society or animal care center 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 of the pound, subject to the powers reserved to the
County under any contract. Such society or center, 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 of controls to assure that public funds distributed to the society or
center are being spent for public purposes.
Section 4-45. Power to seize and impound dogs, cats, and other domesticated animals.
The County, or an animal care center or humane society with whom the County has
contracted for services, shall be authorized to seize and impound any dog, cat, or other
domesticated animal, when such dog, cat, or other domesticated animal is a stray, and to
humanely destroy such dog, cat, or other domesticated animal in accordance with chapter 143,
Hawaii Revised Statutes.
Section 4-46. Enforcement by enforcement officer.
(a) The humane society or animal care center with whom the County has contracted for services
may designate its employees who possess qualifications and training satisfactory to the
County to serve as enforcement officers to carry out the provisions of this article, chapter
143, Hawaii Revised Statutes, and other provisions of this chapter which expressly
authorize such enforcement officers to take specific action by ordinance.
(b) The humane society or animal care center with which the County has contracted for
enforcement services is authorized to train and designate volunteers as enforcement officers,
and to deputize livestock owners as special officers to protect their livestock from attack by
stray dogs, per section 4-21.
Section 4-47. Expenses and appropriations for the pound.
All expenses of seizing, sheltering, treating, impounding, and disposing of stray dogs, cats,
and other domesticated stray animals shall be borne by the humane society or animal care center
with whom the County has contracted to provide such services. The council, however, shall from
time to time make such appropriations to assist such humane society or animal care center as in
its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities
which such humane society or animal care center may be required to perform under this chapter.
Section 4-48. Agreement between County and humane society or animal care center
required.
An agreement containing, but not limited to, the extent of services rendered or to be rendered
by the humane society or animal care center and methods of reporting and accounting shall be
entered into between the society or the center and the County before any payments may be made
to the society or the center under this chapter.
Section 4-49. Quarterly report required.
Any humane society or animal care center with whom the County has contracted for services,
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.
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(b) Should any humane society or animal care center 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 or animal care center terminate its contract for services with the
County for any reason, voluntarily or involuntarily, any equipment or supplies purchased by
the society or center with contract funds shall revert to the ownership and control of the
County.
Section 4-51. Indemnification to County.
The humane society or animal care center 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 of the pound, or the seizure, impoundment, and
disposition of dogs, cats, and other domesticated animals, or any activity arising under the
contract or this chapter.
Section 4-52. Reserved.
Article 7. Spay -neuter Special Fund.
Section 4-53. Spay -neuter special fund.
(a) A spay -neuter special fund is hereby established. This special fund shall be administered
and managed by the department of finance.
(b) The fund shall consist of monies from:
(1) all licensing fees pursuant to Section 4-4 and all impoundment fees and kennel fees
pursuant to Section 4-13;
(2) Appropriations made for the purposes of this article; and
(3) Grants and private contributions intended for the purposes of this article.
(c) The fund shall be used to pay for a spay -neutering program.
Section 4-54. Reserved.
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Article 8. State Law Reference and Severability.
Section 4-55. 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 III, Hawaii Revised Statutes
Section 142-74, Hawaii Revised Statutes.
Section 663-1, Hawaii Revised Statutes:
Section 142-96, Hawaii Revised Statutes:
Section 142-97, Hawaii Revised Statutes:
Section 143, Hawaii Revised Statutes
Fences and Trespasses by Animals
Liability of dog owner; penalty
Torts, who may sue and for what
Frightening animals; penalty
Wild cattle through street; penalty
Animals: Licensing and Regulation
Section 4-56. 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."
SECTION 4. Material to be repealed is bracketed. New material is underscored. In printing
this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 5. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 6. This ordinance shall take effect upon its approval.
Hilo , Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
February 16, 2005
October 31, 2006
REFERENCE: Comm. 22.91
INTRODUCED BY:
COUNCI BER, COUNTY OF HAWAII
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