HomeMy WebLinkAboutBIL 301 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: Council — October 31, 2006
Action: Motion to pass on first reading failed due to lack of majority
"aye" votes. Close file on bill 301.
Ayes: Isbell, Jacobson, Pilago - 3
Noes: Arakaki, Holschuh, Ikeda, Safarik, Higa - 5,
Abs: Hoffmann - 1
Re: Bill 301; Comm. 937; PSPRC-31
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 'Ani
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:
"Chapter 4
ANIMALS
Article 1. Administration Provisions
Section 4-1. Purpose.
The purpose of this chapter is to establish an owner's responsibility for the keeping of
animals in a humane manner which will not endanger or unreasonably interfere with the public
health, welfare, safety, peace or comfortable enjoyment of life and property. Additionally, this
chapter authorizes establishing animal pounds in the county, provides measures for enforcement,
and establishes a spay -neuter special fund.
Section 4-2. 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."
"Animal nuisance," shall include but not be limited to any animal which makes noise
continuously for a period of ten minutes or intermittently for one-half hour or more to the
disturbance of any person at any time of day or night and regardless of whether the animal is
physically situated in or upon private property; or any animal which makes any other
unreasonable noise as described in section 4-5 of this chapter.
"At large" means on the premises of a person other than the owner of the animal and
without the consent of the occupant of the premises, or on a roadway, or in any public place
except when under the direct physical control of a responsible person or an authorized
representative of the owner.
"Attack" means aggressive physical contact between a person or animal and a dog, initiated
by the 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.
"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.
"Dwelling unit" means one or more rooms designed for or containing or used as the
complete facilities for the cooking, sleeping and living area of a single-family only and occupied
by no more than one family and containing a single kitchen.
"Enclosure" means any kennel, cage, or other structure used to care for, breed, house or
keep animals.
"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 chapter.
"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.
"Identification tag" means: (1) a tag worn by a cat or dog which includes the current name,
address, and telephone number of the owner, or (2) an ear tag issued by the animal control
contractor, or (3) a microchip registering the owner with the National Computer Recovery
Network or the animal control contractor.
"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.
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"Lawful Fence" means a fence as defined in section 142-61, Hawaii Revised Statutes.
"Licensed dog" means any dog for which the license for the current year provided for in this
chapter has been paid and to which the tag provided for in this chapter is attached.
"Microchip" means a tiny, passive electronic device that serves as a permanent identification
marker encoded with a unique and unalterable number and other identification data accessible to a
humane society or animal care center by use of a hand-held scanner. The chip is implanted under
an animal's skin so as to retrieve information about the identity of the animal and the owner.
"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 or providing care or sustenance to an
animal; 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 a dog license was issued pursuant to section 143-2, Hawaii Revised
Statutes, shall be rebuttably presumed to be the owner of a dog for purposes of this chapter.
"Person" means and includes corporations, estates, associations, partnerships and trusts, as
well as one or more individual human beings.
"Pound" means a facility for the purpose of impounding seized, stray, homeless, abandoned,
or unclaimed animals; provided 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 person or animal that it
attacked; 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.
"Registered cat" means any cat for which the registration for the current year provided for in
this chapter has been paid and to which the tag provided for in this chapter is attached.
"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 any guide dog, signal dog, or other animal individually trained to
provide assistance to an individual with a disability.
"Sterilized dog" means a spayed female dog and a neutered male dog.
"Stray" means any animal found at large.
"Unlicensed dog" means any dog for which the license for the current year provided for in
this chapter has not been paid or to which the tag provided for in this chapter is not attached.
"Unregistered cat" means any cat for which the registration for the current year provided for
in this chapter has not been paid or to which the tag provided for in this chapter is not attached.
Section 4-3. Reserved.
Article 2. Animal Nuisances
Section 4-4. Animal nuisance unlawful; exception.
It is unlawful to be the owner of an animal engaged in animal nuisance as defined in Section
4-2, except that it shall not be deemed to be animal nuisance for purposes of this article if, at the
time the animal is making any noise, a person is trespassing or threatening trespass upon private
property in or upon which the animal is situated, or for any other legitimate cause including
teasing or provoking said animal.
Section 4-5. Unreasonable noise.
Noise is unreasonable within the meaning of this article if considering the nature and the
circumstances surrounding the animal nuisance, including the nature of the location and the time
of the day or night, it interferes with reasonable individual or group activities such as, but not
limited to, communication, work, rest, recreation or sleep; or the failure to heed the admonition
of a police officer or a special officer of the animal control officer that the noise is unreasonable
and should be stopped or reduced.
Article 3. Animals; requirements and prohibitions.
Section 4-6. Feeding and watering animals.
All animals shall be provided with the type and amount of food and water appropriate for and
of sufficient nutritive content for the health and well being for each particular species. Such food
and water shall be provided at least once each twenty -four -hours.
Section 4-7. Provision of veterinary care.
Any animal exhibiting symptoms of illness or disease shall be examined and appropriately
treated by a licensed veterinarian. If required, diseased animals shall be humanely destroyed
under the supervision of a licensed veterinarian. Any animal that exhibits symptoms of disease or
illness shall be separated to the greatest extent possible from other healthy animals.
Section 4-8. Enclosures.
All animal enclosures and related areas used for sheltering animals shall be:
(1) Within the yard of the parcel on which the enclosure is maintained; provided the
minimum yard has a setback as specified for the applicable zoning district in chapter 25,
Hawaii County Code;
(2) Structurally sound and maintained in good repair so as to protect the animal from injury
and to contain the animal;
(3) Of a sufficient size to provide space that allows each animal adequate freedom of movement;
(4) Provided with sufficient clean, dry bedding to meet the needs of each individual animal;
(5) Sufficiently shaded by natural or artificial means to protect any animal housed therein
from exposure to direct sunlight and risk of heat exhaustion;
(6) Maintained in a rodent -proof and sanitary condition;
(7) Kept clean by daily removal of all animal waste; and
(8) Kept free of infestation by vermin.
Section 4-9. Number of domesticated animals permitted per dwelling unit in a residential
district.
The number of domesticated animals, four months of age or older, shall not exceed four per
dwelling unit in the following zoning districts:
(1) RS, single-family residential districts
(2) RD, double -family residential districts
(3) RM, multiple -family residential districts
(4) RCX, residential -commercial mixed use districts
Section 4-10. Keeping of domesticated animals on unoccupied parcels prohibited.
No domesticated animals shall be kept on unoccupied parcels. Domesticated animals shall
only be kept on a parcel or premises where there is at least one dwelling unit.
Section 4-11. Places prohibited to animals.
(a) Except as otherwise provided, it shall be unlawful for any person to take or permit any
animal, whether loose or on a leash or in restraint on or about any County beach park or
anywhere on the premises of 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, farmers markets, fruit or vegetable stores.
(b) This section shall not apply to guide dogs, hearing dogs, or service dogs, as defined in
section 4-2, or to dogs used for purposes of law enforcement by law enforcement agencies
of the Federal, State or County governments.
Section 4-12. Defecation and nuisance prohibited.
(a) No person who owns, harbors, keeps, or has charge or control of any 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 4-13. 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
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(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 4-14. 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 4-15. Injuring or poisoning animals.
Unless otherwise provided by law, no person shall willfully or negligently injure or poison
any animal.
Section 4-16. Seizure of stray animals by persons other than officers.
Every person other than an officer as defined hereinabove who takes into possession any
stray shall within twenty-four hours notify the humane society or animal care center and release
the animal to such humane society or animal care center.
Section 4-17. Reserved.
Article 4. Cat Registration
Section 4-18. Registration with animal care center or humane society required.
It shall be unlawful for any person to be an owner of a cat over six months of age unless the
cat is registered as provided by this article. This section shall not apply to cats in quarantine and
cats brought into the county exclusively for the purpose of entering them in a cat show or cat
exhibition and not allowed to be at large. A cat registration shall be made by presentation of a
written application and payment of the registration fee to the director of finance or that director's
designee.
Section 4-19. Registration fees.
(a) The following fees are hereby established as registration fees for the privilege of owning,
harboring or keeping of cats in the County:
(1) Cat with a microchip implanted...................................................................................$ 4
(2) Cat without a microchip implanted..............................................................................$10
(b) All registration fees received by the director of finance shall be deposited into the spay -
neuter special fund pursuant to article 11.
Section 4-20. Issuance of registration and tag.
Upon the receipt of the registration fee the director of finance, or that director's designee,
shall issue to the person paying the fee a certificate of registration stating the following:
(1) The name and address of the person registering the cat;
(2) The year for which the registration is paid;
(3) The date of payment;
(4) A description of the cat for which the identification tag is issued;
(5) The number of the identification tag issued for the cat; and
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The director of finance shall at the same time issue and deliver to the person an identification
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 cat for which the registration has been issued.
Section 4-21. Proof of sterilization and micro -chip implanting.
(a) Any person seeking to have a cat registered at the sterilized cat rate must present a
certificate from a licensed veterinarian showing the description, age, and breed of the cat
and certifying its sterilization.
(b) Any person seeking to have a cat 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 cat and certifying that a micro -chip has been implanted in the cat.
Section 4-22. Registering of strayed or stolen cats.
No person shall file a registration for a cat that 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 4-23. Removal of cat identification tag.
It shall be unlawful for any person other than an officer of or a person authorized by the
animal control officer to remove any cat registration from any cat not owned by the person.
Section 4-24. Reserved
Article 5. Dog License
Section 4-25. Dog license required.
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 4-26. 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
(3) Unsterilized dog.......................................................................................................... $25
(4) Sterilized dog that has a microchip implanted.............................................................$ 4
(5) Unsterilized dog that has a microchip implanted.........................................................$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 11.
Section 4-27. 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 certificate 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 identification 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 an identification
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 4-28. Proof of sterilization and micro -chip implanting.
(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.
(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 4-29. 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 4-30. Removal of dog license.
It shall be unlawful for any person other than an officer of or a person authorized by the animal
control officer to remove any dog license identification tag from any dog not owned by the person.
Section 4-31. Reserved.
Article 6. Dog Leash and Confinement Requirements.
Section 4-32. Leash requirement.
(a) No person shall bring or permit any dog in any roadway, County park, public 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) This section shall not apply to:
(1) Guide dogs, hearing dogs, or service dogs, as defined in section 4-2;
(2) Dogs used for purposes of law enforcement by law enforcement agencies of the Federal,
State or County governments;
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(3) Licensed obedience trial, tracking and show dogs accompanied by their owner and being
trained or in competition in public parks or school grounds, provided permission is first
obtained from the proper park or school authorities for such use; or to
(4) 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.
(c) 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 4-33. 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 4-34. Reserved.
Article 7. Dangerous Dogs.
Section 4-35. 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 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 person convicted under this subsection shall be guilty of a petty misdemeanor and
sentenced in accordance with subsections (d) and (e).
(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;
(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; or
(4) Relinquishment of ownership of the dog for it to be humanely destroyed.
(e) Upon probable cause, an enforcement officer may either arrest or issue a summons and
citation to the owner for violation of subsection (a).
Section 4-36. 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
4-2, 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 4-36 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 4-37. Dangerous dogs may be slain.
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.
Section 4-38. 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 4-39. 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 4-40. Reserved.
Article 8. Farm Animals.
Section 4-41. 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.
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(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 4-42. Impoundment of farm animals.
(a) If the provisions of section 4-42 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.
(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, adopted, or humanely
euthanized.
Section 4-43. Protection of farm animals from attack by strays.
Notwithstanding any provision to the contrary which may be found elsewhere in this chapter,
an owner of a farm animal or that owner's agent, previously deputized as a special officer in
accordance with the provisions of section 4-49, may, on the property of or property controlled by
the owner of a farm animal, take any action necessary to protect their own farm animal from
attack by a stray, including, without limitation, slaying or otherwise disposing of the same.
Section 4-44. Reserved.
Article 9. Animal Pounds.
Section 4-45. Pound established for domesticated animals.
There may be established pounds for the purpose of impounding, sheltering, treating, and
humanely disposing of lost, stray, homeless, unclaimed or diseased cats and dogs in the districts
of Ka`u, Hilo, Hamakua, Puna, Kohala and Kona, County of Hawaii.
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Section 4-46. 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 4-46 feed and shelter the 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.
Section 4-47. 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 4-48. 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 owners of farm animals as special officers to protect their farm animals from
attack by any stray, per section 4-44.
Section 4-49. Expenses and appropriations for the pound.
All expenses of seizing, sheltering, treating, impounding, and disposing of 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 4-50. 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.
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Section 4-51. Annual report required.
Any humane society or animal care center with whom the County has contracted for services,
individually, shall render a full annual report to the mayor and council within one month after the
end each fiscal year. This annual report shall include, but not be limited to the following:
activities regarding the impoundment, sheltering, treatment, and humane disposal of animals;
operations relating to enforcement of this chapter; and an audited accounting of all revenues and
expenditures.
Section 4-52. 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 or animal care center for
use in pound functions in accordance with section 6-3.3(k), Hawaii County Charter. The
humane society or animal care center shall not sell, exchange, or dispose of the transferred
facilities, equipment, and supplies without the written approval of the council.
(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 4-53. 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 animals, or any activity arising under the contract or this chapter.
Section 4-54. Power to seize and impound 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 animal, when such animal is a stray, and
to humanely destroy such animal in accordance with chapter 143, Hawaii Revised Statutes.
Section 4-55. Seizure and impoundment of cats and dogs by officers.
(a) Every enforcement officer shall seize and impound any stray cat or dog.
(b) Seizure of stray registered cats and stray licensed dogs shall be according to the following:.
(1) In the case of any cat or any dog wearing an identification tag or with a micro -chip
implanted, the animal control officer shall make a reasonable attempt to notify the owner
by telephone, and shall send written notice to the owner.
(2) The officer shall, upon demand made within forty-eight hours thereafter, release the cat
or dog to the person upon payment of an impoundment fee of $25.
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(3) The owner of any registered cat or licensed dog impounded and not claimed within
forty-eight hours may redeem the cat or dog at any time before the sale or humane
disposal of the same 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 cat or dog was impounded.
(4) If no person lawfully entitled to the cat or dog shall, within seven days after the date of
giving notice, claim the same, the cat or dog shall be sold, adopted, or humanely euthanized.
(c) Seizure of stray unregistered cats and stray unlicensed dogs shall be according to the following:
(1) In the case of any cat or dog without an identification tag, the officer shall confine the
animal 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 all registration or license fees due
and an impoundment fee of $25.
(2) Every cat or dog found without an identification tag affixed to the collar of the same will
be deemed to be an unregistered cat or unlicensed dog, and the provisions of this section
shall apply until such time as the animal's identity can be by determined by means of a
micro -chip or other verification that registration or license fees have been paid.
(3) The owner of any unregistered cat or unlicensed dog impounded and not claimed within
forty-eight hours as provided in this section, may redeem the same at any time before
sale or disposal by paying to the humane society or animal care center, in addition to the
amount of the registration or license fee and the impoundment fee, a kennel fee of $15
per day for the number of days over two days the dog was impounded.
(4) If not so redeemed, the animal shall be sold by the officer for the amount of the
registration or license fee and the impoundment fee, or as much more as can be obtained
therefore, and if not so sold, the animal shall be humanely euthanized.
(d) All impoundment fees 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 4-56. Redemption of seized cats and dogs after sale.
The owner of any cat or 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 4-57. Compliance with registration and licensing required prior to release of
impounded cats and dogs.
An unregistered cat or unlicensed dog that has been impounded may not be released by the
animal control officer to a person claiming ownership of the same until the claiming owner
complies with the appropriate registration or licensing requirements of this chapter.
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Section 4-58. Reserved.
Article 10. Enforcement.
Section 4-59. 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 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.
Section 4-60. 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 4-61. 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 chief's 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.
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(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 4-62. 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.
(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 4-63. 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 4-64. 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 4-65. Reserved.
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I � , . Article'll. Spay -neuter Special Fund.
Section 4-66. 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 4-27 and all impoundment fees and kennel fees
pursuant to Section 4-55;
(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 4-67. Reserved.
Article 12. State Law Reference and Severability.
Section 4-68. 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 4-69. 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."
INTRODUCED BY:
COUN MEMBER, COUNTY OF HAWAII
Hi ] n, Hawai' i
Date of Introduction: Ge.tober 31., 2006
Date of 1st Reading: 0c:tober 31, 2006
Date of 2nd Reading:
Effective Date:
PF i :REhIC€c I ldq
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