BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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Section 4-11. Issuance of complaint. If the alleged violator does not appear at the respective district court as designated by the complaint and summons, or pay the fine assigned to the particular violation prior to the court appeazance date, a bench warrant for the arrest of the alleged violator will be issued. Section 4-12. Penalties. (a) Any owner who keeps or permits an animal, farm animal, or poultry to remain on the owner's premises in violation of this article shall be deemed to commit an offense under this azticle. Notwithstanding the foregoing, an enforcing officer may, in the officer's discretion, issue a warning letter to the owner of an animal that is believed by the officer to be an animal nuisance, as defined in paragraphs (1) and (2) of the definition of "animal nuisance" contained in section 4-5, in lieu of citing the owner for a first offense under those provisions. As used in this subsection, "first offense" means an offense that does not occur within two years of the occurrence of a previous offense involving the same provision. (b) An owner convicted of an offense shall be sentenced as follows: (1) A fine of $50 if the offense did not occur within two years of the occurrence of a previous offense involving the same provision; (2) A fine of $100 if the offense occurred within two yeazs of the occurrence of one previous offense involving the same provision; or (3) A fine of not less than $500 nor more than $1,000, imprisonment not exceeding thirty days, or both, if the offense occurred within two years of the occurrence of two or more previous offenses involving the same provision. In lieu of a term of imprisonment, the court may order the defendant to serve 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. (c) For the purposes of this section: (1) "Provision" means a prohibition or requirement listed in section 4-6 and subsection 4-7(b); (2) An offense shall be deemed to have occurred on the date of the summons or citation identifying the offense; (3) A person who commits an offense within two years of the occurrence of a previous offense involving the same provision shall be subject to the escalating penalty of subsections (b)(2) or (b)(3), even if the animals involved in the offenses differed; and (4) The fines provided for in this section shall be imposed without the possibility of suspension. Section 4-13. Disposition of fines and forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person chazged with a violation of any section or provision of this azticle shall be paid into the County treasury and deposited in the general fund of the County. 4