BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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Section 4-6. Animal nuisance-prohibited. It is unlawful to be the owner of an animal, farm animal, or poultry engaged in animal nuisance as defined in section 4-5; provided, however, that it shall not be deemed to be animal nuisance for purposes of this article if, at the time the animal, fazm animal, or poultry is making any noise, biting, or stinging, a person is trespassing or threatening trespass upon private property in or upon which the animal, farm animal or poultry is situated, or for any other legitimate cause which teased or provoked said animal, farm animal, or poultry. Section 4-7. General requirements. (a) Nothing in this article applies to animals, farm animals, or poultry raised, bred, or kept as a commercial enterprise or for food purposes where commercial kennels or the keeping of livestock is a permitted use. (b) Noise is unreasonable within the meaning of this azticle 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 contractor that the noise is unreasonable and should be stopped or reduced. Section 4-8. Complaint forms for private citizens. The animal control contractor, in consultation with the Hawaii County police department, shall develop a complaint form with respect to the keeping of animals, farm animals, or poultry. The form may be obtained by private citizens from the animal control contractor or the office of information and complaints. Section 4-9. Complaint and summons. Any authorized police officer, or any officer of the animal control contractor who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of this article, may issue a complaint and summons to an alleged violator of the provision of this article. Procedures with respect to the design, form, content, numbering, and disposition of copies of said complaint and summons shall be in all respects the same as those specified in section 4-23, relating to summonses in connection with stray dogs. Said complaint and summons shall instruct such person to report to the respective district court of the County of Hawaii. The complaint and summons may be satisfied by payment in person or by mailing the specified amount shown on said complaint and summons prior to the court date designated by the complaint and summons. Section 4-10. Failure to obey complaint and summons. Unless otherwise satisfied by payment as described in section 4-9, it is unlawful for any person to fail to appeaz at the place and within the time specified in the complaint and summons issued to such person by an officer for any violation of this article, regardless of the disposition of the charge for which such person was originally cited. 3