BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects. (f) Upon full investigation and finding of probable cause, an enforcement officer shall either arrest or issue a summons and citation to the owner for violation of subsection (a). Section 4-31. Complaint and summons-seizure-relinquishment of ownership. (a) Upon full investigation and finding of probable cause to believe that there has been a violation of subsection 4-30(a), an enforcement officer shall either arrest or issue a complaint and summons to the owner pursuant to section 4-30, and may, in addition, have the dog seized and impounded if the dog is posing an imminent threat to human beings or to other animals. At the owner's request, such impoundment may be at the premises of a licensed veterinazian or at a commercial kennel of the owner's choosing. All expenses of the boarding and retention of the dog shall be borne by the owner. The owner is prohibited from selling or transferring the ownership or physical custody of the dog prior to the time stated in the complaint and summons, and the complaint and summons shall notify the owner of this prohibition. This prohibition shall not apply when an owner transfers ownership of the dog to the County animal control service. If a dog is seized and impounded pursuant to this section, the complaint and summons shall notify the owner that if the owner does not appeaz at the time and place stated in the complaint and summons, the dog shall be subject to relinquishment pursuant to subsection (b). 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 $50 nor more than $1,000, imprisoned not more than thirty days, or both. (b) 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. (c) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (b) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any fees and penalties which may be imposed by the court. Section 4-32. Inspection. Upon presentation of proper credentials, any enforcement officer may enter at reasonable times any building, structure or premises in the County of Hawaii for the purpose of determining and enforcing compliance with the provisions of this azticle or of any court order issued under this article; provided that such entry shall be made in such manner as to cause the least possible inconvenience to the person in possession; and provided further, that an order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted. 12