HomeMy WebLinkAboutCOM 0798.007 2004-2006
FRED C. HOLSCHUH, M.D. Phone No.: (808) 961-8264
Council Member Fax No.: (808) 961-8912
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HAWAII COUNTY COUNCIL
County ofHawai `i '
Hawaii County Building . '
25 Aupuni Street
October 5, 2006
TO: Stacy K. Higa, Council Chair
and Council Members
FROM: Fred C. Holschuh
Council Member =
RE: Bill No. 258/Communication No. 798
Proposed Amendments
Submission of Bill 258, Draft 2
Based on discussion during the June 20, 2006 meeting of the Public Safety and Parks and
Recreation Committee, consultation with various parties with a deeply vested interest in
this Bill (including the Hawaii Island Humane Society, the Office of the Prosecuting
Attorney, the State of Hawaii District Court system, Hawaii County Planning
Department, the hunting community and other animal control agencies) and my own
personal viewpoint and perspective, I would like to recommend the following changes to
Bill 258 and subsequently submit Draft 2 of Bill 258 for your consideration (complete
ramseyered version with comments follows itemized list):
Article 2. Animal Nuisance
1. Section 4-5. Definitions.
- creates one standard of twenty minutes (noise), eliminating intermittent clauses.
- alters subsection (2) under "animal nuisance" to reference section 4-7(b), as
previous item (b) was eliminated thus item (c) became item (b).
- eliminates definition of "enclosure", as it will no longer be required.
- eliminates definition of "lot area", as it appears nowhere within this chapter.
- adds "domestic" to definitions of turkeys to delineate from the wild game bird.
- eliminates definition of "zoning lot", as it appears nowhere in this chapter.
2. Section 4-7. General requirements.
- eliminates item b in its entirety. Item b places restrictions on animal enclosures.
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Comm. No. -792-7
/ Ref. To:
`~JJL~ eZS~) (~..c3, Ref. C"a,3 T 6 6 71160
Hawaii County Is An Equal Opportunity Provider And Employer
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FRED C. HOLSCHUH, M.D. Phone No.: (808) 961-8264
Council Member Fax No.: (808) 961-8912
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii County Building
25 Aupuni Street
September 18, 2006
TO: Stacy K. Higa, Council Chair
and Council Members
FROM: Fred C. Holschuh
Council Member
RE: Bill No. 258/Communication No. 798
Proposed Amendments
Submission of Bill 258, Draft 2
Based on discussion during the June 20, 2006 meeting of the Public Safety and Parks and
Recreation Committee, consultation with various parties with a deeply vested interest in
this Bill (including the Hawaii Island Humane Society, the Office of the Prosecuting
Attorney, the State of Hawaii District Court system, Hawaii County Planning
Department, the hunting community and other animal control agencies) and my own
personal viewpoint and perspective, I would like to recommend the following changes to
Bill 258 and subsequently submit Draft 2 of Bill 258 for your consideration (complete
ramseyered version with comments follows itemized list):
Article 2. Animal Nuisance
1. Section 4-5. Definitions.
- creates one standard of twenty minutes (noise), eliminating intermittent clauses.
- alters subsection (2) under "animal nuisance" to reference section 4-7(b), as
previous item (b) was eliminated thus item (c) became item (b).
- eliminates definition of "enclosure", as it will no longer be required.
- eliminates definition of "lot area", as it appears nowhere within this chapter.
- adds "domestic" to definitions of turkeys to delineate from the wild game bird.
- eliminates definition of "zoning lot", as it appears nowhere in this chapter.
2. Section 4-7. General requirements.
- eliminates item b in its entirety. Item b places restrictions on animal enclosures.
Hawaii County Is An Equal Opportunity Provider And Employer
3. Section 4-8. Special requirements.
- eliminates Section 4-8. Special requirements in its entirety.
4. Section 4-9. Summons or citation.
- changes section name to "Complaint and summons."
- adds "complaint and" prior to each use of the word "summons".
- eliminates "or citation" after each use of the word "summons".
- amends section number 4-23 as cross referenced in this section.
- eliminates "the violations bureau of the" and replaces with "the respective
district court".
- eliminates last two sentences of section 4-9, as they do not comport with current
protocols and infrastructure.
- adds language to supplant last two sentences eliminated from this section.
5. Section 4-10. Failure to obey summons or citation.
- changes section name to "Failure to obey complaint and summons".
- adds language to comport with section 4-9 and current policies, protocols and
infrastructure.
6. Section 4-11. Issuance of complaint.
- strikes current language and creates new provisions for this section based on
current policies, protocols and infrastructure.
7. Section 4-12. Penalties.
- amends subsection (a), removing the term "enclosure or" and changing the term
"dog" to "animal".
- eliminates option of court-ordered training programs from subsection (b) item 3.
- removes clause pertaining to suspension of fines from subsection (b) and adds to
subsection (c) as item (4).
- pluralizes the word purpose.
- eliminates the phrase "the following" and adds the word "and" to reference
section 4-6 and subsection 4-7(b) - "sub" added to "section 4-7(b)" to clearly
indicate reference to a subsection within a section.
- eliminates any reference within subsection (c), item (1) to Section 4-8. Special
Requirements, as this section was removed in its entirety from the original Bill.
- eliminates the phrase "enclosures or" from subsection (c), as the word
"enclosure" has been removed in entirety from this section.
- removes the word "and" from item (2) of subsection (c)
- pluralizes the word "subsection" within item (3) of subsection (c).
- adds an indicator "(b)" within item (3) of subsection (c) to eliminate any chance
of confusion.
- adds the word "and" to item (3) of subsection (c), as an item (4) was added.
8. Section 4-13. Disposition of fines and forfeitures.
- Section 4-13 added to create consistency and a definitive direction for fines, fees or
forfeitures collected regarding this specific article.
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9. Section 4-15. Severability.
- removes unnecessary severability clause.
Article 3. Dog License.
10. Section 4-15. Definitions.
- creates definitions for language utilized in license fee schedule.
11. Section 4-16. License fee.
- amends dog licensing fee schedule.
Article 4. Regulation of Dogs
12. Section 4-21. Impounding.
- adds language to reference pertinent section regarding impounding of stray
animals.
13. Section 4-23. Enforcement.
adds "complaint and" prior to the word "summons" throughout this section.
eliminates "the violations bureau of the" and replaces with "the respective
district court".
- eliminates last two sentences of section 4-22, as they do not comport with
current protocols and infrastructure.
- adds language to supplant last two sentences eliminated from this section.
14. Section 4-25. Failure to obey summons.
- changes section name to "Failure to obey complaint and summons".
- adds language to comport with section 4-22 and current policies, protocols and
infrastructure.
15. Section 4-26. Issuance of complaint.
- strikes current language and creates new provisions for this section based on
current policies, protocols and infrastructure.
16. Section 4-27. Violation-penalty.
- rectifies citation of section within subsection (a), item (3) from Section 4-40 to
Section 4-30, as the sections were altered.
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Article 7. Regulation of Dangerous Dogs.
17. - this article will shift to follow Article 4. Regulation of Dogs., thus becoming Article 5.
Regulation of Dangerous Dogs. Article 5. Cat Identification Program, will remain as
Article 6, as in original draft of Bill 258.
- all section numbers to be changed to reflect this shift. Cross referencing of
section numbers to be changed as well to reflect this shift.
18. Section 4-29. Definitions.
- pluralizes the words "animal" and "farm animal" to comport with definition as provided
within section 4-5.
19. Section 4-30. Prohibited acts-conditions on owner-penalties.
- rectifies cross reference to previous section, within subsection (c), item (4) and
eliminates subsection (a) indicator as the entire section should be referenced.
- eliminates option of court-ordered training programs.
20. Section 4-31. Citation and summons-seizure-relinquishment of ownership.
- rectifies cross reference to previous section, within subsection (a). Adds the
prefix "sub" to the word "section", as only a particular subsection is pertinent.
- removes phrases "summons" and "citation" and replaces with "complaint and
summons" to be consistent with current protocols and infrastructure, including the
title of this section
21. Section 4-29. Severability.
- removes unnecessary severability clause.
Article 5. Public Spay and Neuter Clinic for Dogs and Cats.
22. Section 4-28. Authority for clinic and fees.
- removes this article from bill in its entirety, as it pertains only to Honolulu
ordinance.
Article 6. Cat Identification Program
23. Section 4-39. Cats released to the animal control contractor.
- modifies language to attach "wearing identification" to the cat, not the animal
control officer in subsections (b) and (c).
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qualifies that the animal control agency may release animals to only those
people that meet the animal control contractor's adoption qualifications,
subsections (b), (c), (d) and (e).
24. Section 4-41. Enforcement.
- modifies reference to section number to reflect current bill.
25. Section 4-45. Severability.
- removes unnecessary severability clause.
Article 7. General Animal Welfare.
26. - creates new article to incorporate sections of current code lacking in Bill 258.
- Section 4-43. Cruelty to animals, including dogs and cats.
- adds section from current code.
Article 8. Dog, Cat, and Animal Pounds
27. - adds the following sections from our current code, Chapter 4 - Animals,
replacing the term "humane society" with "animal control contractor" in all
instances to be consistent with the rest of this chapter:
Section 4-44. Pound established for dogs, cats, and small domesticated
animals.
Section 4-45. Direction, control, and administration of pound.
Section 4-46. Power to seize and impound dogs, cats, and small domesticated
animals.
Section 4-47. Enforcement by humane officer.
Section 4-48. Expenses and appropriations for the pound.
Section 4-49. Agreement between County and humane society required.
Section 4-50. Quarterly report required.
Section 4-51. Control of pound by humane society.
Section 4-52. Transfer of facilities and equipment to societies; reversion.
Section 4-53. Indemnification to County.
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Ramseyered version; full text with comments:
Article 2. Animal Nuisance
1. Section 4-5. Definitions.
"Animal nuisance," for the purposes of this section, shall include but not be
limited to any animal, farm animal, or poultry which:
(1) Makes noise continuously and/or incessantly for a period of twenty minutes;
r me fmittentl., fer ene half 1 eur a to the d:..t..r anee of
regafdless of whether the animal,
eay pefsen at any time of day or nigM and F ,.1 or poultry .lt«. __,.11. situated private ,J
is phv ` ~ J
(2) Barks, whines, howls, crows, cries, or makes any other unreasonable noise as
described in section 4-7(e) (b) of this article; or
(3) Not withstanding the provisions of section 142-75, Hawaii Revised Statutes,
or any other applicable law, bites or stings a person.
~irroio~ca ~means any kennel, eeap, eage hue', hive, or other st »^,tWe HsRd-l°
for, breed, ho e r keep al..Fn als ,ltr..l
ear > e e e J
["T " xxxccaio the total iac°iriri~Rsi the lot lines n of the f the zn.::b lot
but exclusive
~Trcaca---aTCSxa-mrnc-rm
F right of Way f « in fewe« of others and easements F
o eo open drainage
systems.~
"Poultry" means chickens, pigeons, domestic turkeys, geese, ducks, and peafowl
not regulated by state law.
["Zoning lot" means a l,.t or- any e.4:..n of le, e eluding right of , let..,:thin e
single,zening d:..4« et o a etf a ept n :tied under joint develepfaeR4.]
Comment:
In an effort to eliminate any confusion, I recommend deleting the detailed
provisions provided in item (1) of Section 4-5. By creating a timeframe of twenty
minutes for ALL situations, 1 believe we will provide clarity to enforcement officers
and citizens alike, thus making this section easier to interpret and enforce.
I have eliminated the definition for "enclosure" from this section as it will not be
utilized.
I have eliminated the definition for "lot area" as it appears nowhere in this
chapter, either after revision or prior to.
1 have specified domestic turkeys to distinguish between these birds as pets or
livestock in deference to the wild turkey, a recognized game bird.
6
I have eliminated the definition for "zoning lot" as it was a companion definition
for "lot area". As mentioned previously, the term "lot area" was never used within
this chapter, even prior to revision.
2. 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) [Enelesufes fer anifnals, farm animals, and petil4y shall fneet all applicable
zoning and building eede Fuetufes; shall not be loeated withi
any e -ea r_,.«. side « e efa se`haev. and shall meet all ether appl:e°ble
sanitation requirements.
(e)] 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 contractor that the noise is unreasonable
and should be stopped or reduced.
Comment:
1 would like to strike item (b) in its entirety from Section 4-7. 1 believe this item will
unfairly compromise many existing structures that do not pose any significant hazards
or nuisances. Furthermore, I have confidence that any situations this item has intended
to mitigate can be done so with the existing zoning code as applied by the Planning
Department. Item (c) would then be relabeled as item (b).
3. Section 4-8.[ Speeial ~ nts.
(a) L'.,..... v malt' Hae1'.....'.e., f « f fm " fn is shal1 «et lie 1 eAate.l ...:thin tl.^ve -h-1 1-R- ad-F e- ad
feet of any «Fepe«ty line
(b) LI,...eybeev There shall be no fn a dim eig t honeybee hives « 1"t and the keepin
,mzric-ivnonnxs-
of haFieybees shall be in
(1) Colonies shall be ...v:«t. ned : •-ghle F v"1e hives nsa-ueted to fneet t6
e
,.:FiveAiaas f "beehives" set by the A «.eriean Beekeepers Federation-,
7
/7\ Hives shall be « e"1.. shaded fiem ..,i agent night lighting a adjoining
properties;
(3) Rives shall h 1 eeted within twenty five feet of any prapef. y line Public, not treet> sidewalk, or alley exeepti
(A) When ted behind a solid f nee or hedge at least six feet in height parallel
to 4he prvpefty line,-an extending a4 least fifteen feet lye rend the hive in
both direet36HS, or the
(B) R% r le,7 t lce x.,..t~r 1't feet or mere above 1woye adjnocra arent
ieee watsco -ixa-xs°i=rrtc [ccc--rci'.id aa level.
P The Fnanbcc eY, menths vr or older, not not eg........d fen per- ouseheid
~Ov~ f xvm-vrrccxo-ab age c ..ee .
/A\ Ch' 1. « and peafowl. The n .nbe« of ehiekens o ea f .°1 shell not e...,eed two pe
h SIP91 WIld I
Comment
I believe we must remove this entire section.
Regarding item (a), regulations regarding livestock are already codified:
Chapter 25, Division 7.A, Agricultural Districts, Section 25-5-72. Permitted uses and
Chapter 25 Division 8. IA, Intensive Agricultural Districts., Section 25-5-82. Permitted
uses.
Our current Hawaii County Code, 1983 (2005 Edition) reads:
Division 7. A, Agricultural Districts.
Section 25-5-72. Permitted uses.
(16) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be
located on sites approved by the State department of health and the director, and must be located no closer
than one thousand feet away from any major public street or from any other zoning district.
Division 8. IA, Intensive Agricultural Districts.
Section 25-5-82. Permitted uses.
(8) Livestock production, provided that piggeries, apiaries and pen feeding of livestock shall not be closer
than one thousand feet to any major road or to any district other than the A district on building sites
approved by the State department of health and the director.
Item (b), regarding Honeybees, should be removed as well, due to the fact that the
aforementioned sections of Chapter 25 of our Code cover apiaries (a place where bees
and beehives are kept, especially a place where bees are raised for their honey: The
American Heritage@ Dictionary of the English Language).
Regarding item (c), regulating the amount of dogs per household, I am recommending
striking this item completely as well. Having discussed the matter with Josi Morgan,
Executive Director of the Hawaii Island Humane Society (HIHS), it was her
recommendation to remove this provision from Bill 258. Ms. Morgan firmly believes any
such regulation would be next to impossible to enforce, creating more problems than
solutions. Basically, there would be no mechanism in place to remove a certain amount
8
of dogs from a residence if it was determined, which would be difficult as well, that an
imposed limit had been exceeded.
Regarding item (d), to be consistent with our Zoning code and the policy of the Planning
Department, I believe we should strike this item as well. 1 have verified with the Planning
Department that where property zoned residential is concerned, no chickens or peafowl
are allowed whatsoever. As the Planning Department enforces these provisions, we
should defer to their policies and application of already existing regulations within our
County Code. Therefore, Section 4-9 will now be Section 4-8, Section 4-10 will now be
Section 4-9, and so on. Please note, these changes are reflected throughout the
rest of this document.
4. Section 4-9. [Summons ] 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 [efeitmieaI 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 an d summons [or eitatier~] shall be in all respects the
same as those specified in section 4-23 [24], relating to summonses in connection with stray
dogs. Said complaint and summons [or eitatienI shall instruct such person to report to [the
vie)..«:ens ,...re.,.. „c he] the respective district court [eeu£ts] of the County of Hawaii. [bask
..y) seven uir appear- vAthin bufeaii eid post a bail bead, in sueh amauR4s as may be set by the administFa4ive judge ef the
distriet eeut4s, for appear-anee on the date as may be set out for- sueh per-san to appear before
dl . Upon f •l _ _ to a _ _ up en _h date, said bail bond he4l h- d- ""„7 C_..C_:4,.,1 1
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.
Comment:
Language altered to conform to current policies, protocols and infrastructure in place to
handle such concems. We have worked with the district court system as well as the
Office of the Prosecuting Attorney to ensure that codified language will be consistent
with the policies and procedures currently in place. Section name changed to comport
with current protocol.
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5. Section 4-10. Failure to obey [summons ] complaint and summons.
Unless otherwise satisfied by payment as described in section 4-9, it is unlawful for any
person to fail to appear 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.
Comment:
This section altered to comport to section 4-9 and the protocols and infrastructure
currently in place. Section name changed to comport with current protocol.
6. Section 4-11. Issuance of complaint.
[in the event any per-sen fails to eemplyAi~ a summons given such pef son or if an),
person fails or r-efuses to deposi! bail as r-e"ifed and within the time permitted, the vielations
bufeaii sWl fei4hA4th have a eeffipiaiR4 entered against sueh person and seraefe the issuanee Rf R
«t r - ..ueh person's °--°°t,] 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 appearance date a bench warrant for the arrest of the alleged violator
will be issued.
Comment:
Language altered completely to comport with provisions of section 4-9 and 4-10 and to
the policies, protocols and infrastructure currently in place.
7. Section 4-12[43]. Penalties.
(a) Any owner who keeps or permits an [exslesur-or] 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 article. Notwithstanding the foregoing,
an enforcing officer may, in the officer's discretion, issue a warning letter to the
owner of an animal [a3eg] 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 years 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
10
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 11, Hawaii Revised Statutes.
[The fines p feyided f r in this seetie" ..ha fl be imposed .:ri4 e..4 the pess:1.:1:4.. of
suspension. As paA of the sentenee for any Wense, the eetH4 also may ofder the
.7 .7 ..4...1 designated . the al fitwl a training program by the eefAfaefor- to step the animal nuisanee whieh eaused the offense. The eest
of attending any t ft"eted or designa4ed by the animal P.Fintfsl
. n4raete.. shall be paid F r by the e . 1
(c) For the [}~pese] p=oses of this section:
(1) "Provision" means a prohibition or requirement under [the fellewiflg-]
section 4-6 and subsection [seetierz] 4-7(b)[, seetio« ^ 8(a), se ^ 8(b),
(2) An offense shall be deemed to have occurred on the date of the summons
or citation identifying the offense; [and]
(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 [s4seetien] subsections (b)(2) or u(3), even if the
[enslesur-es ei] animals involved in the offenses differed; and
(4) The fines provided for in this section shall be imposed without the
possibility of suspension.
Comment.
Regarding subsection (a):
I have eliminated the term "enclosure" as all items in this article referring to enclosures
have been deleted in an effort to comport with our zoning codes and the policies of our
Planning Department. 1 have removed the term "a dog" and replaced with "an animal,
as dogs are not the only animals that could be potential violators of this article.
Regarding subsection (b):
I am not convinced that these training programs, which very well may be established for
the City and County of Honolulu, exist here on the County of Hawaii. I also do not
believe this is a burden we should expect the HIHS to accept. My further concern is that
these training programs may well conflict with the otherwise responsible facets of an
offender, thus removing their rights as owners of the animal. Once again, until
convinced that adequate and ample training programs that could address specific
offenses exist, 1 would like to strike this language from the Bill.
Regarding subsection (c):
Most changes are minor in nature (housekeeping), merely meant to conform to previous
changes made in Draft 2 of Bill 258. Item (4) was added, though the language is not
new to this bill. Language for Item (4) was provided in part previously in subsection (b)
11
and moved to subsection (c) as it is more appropriately situated within this subsection of
Section 4-12. Penalties.
8. Section 4-13. Disposition of fines and forfeitures.
All fines and forfeitures collected upon conviction or upon the forfeiture of bail of
any person chareed with a violation of any section or provision of this article shall be
paid into the County treasury and deposited in the general fund of the County.
Comment:
Section 4-13. Disposition of fines and forfeitures was added to create consistency
throughout the bill as the same provisions were applied to other areas with fees, fines
and forfeitures. All subsequent sections numbers are altered to reflect the
incorporation/addition of this new section.
9. Section 4-14. [Sever-ability.
if any ..reyi. ion of this ai4iele is weld for- any reasen ahd by ,.,,.w e
provisions of this aAiele.]
Comment:
There are three points within Bill 258 that include severability provisions: Section 4-14,
Section 4-29 and Section 4-45. Upon consulting our Legislative Research Branch, it
was detemrined that none of these severability clauses are necessary, as section 4 of
this Bill* provides a severability clause for the entire ordinance.
*SECTION 4. 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
this 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.
Therefore, I am recommending striking all three internal severability clauses due to the
fact that the entire ordinance is covered regarding severability via Section 4 of this Bill,
as well as to eliminate any confusion as to why certain articles within this chapter
include severability clauses and the remaining articles do not.
Section 4-14 will read:
Section 4-14. Annual report required.
12
Article 3. Dog License.
10. Section 4-15. Definitions.
For the purposes of this article:
"Altered" means dogs that have been either spayed or neutered. The applicant
must present a certificate from a veterinarian licensed to practice within the State
showing the description, age, and breed of the dog and certifying that it has been spayed
or neutered.
"Microchip" means a computer chip that has an identification number
programmed into it and is approved by the animal control contractor.
"Unaltered" means dogs that have not been spayed or neutered.
11. Section 4-16. License fee.
(a) [The biennial license fee r - dogs ever- four months `t,"^ugh ° e ffths of W
and for- neutered dogs eight months of age and ever v4th veterinmy eeftil
shaH be $9.50; $28 for timeuter-ed dogs eight months of age or over.]
Biennial license fees for dogs shall be as follows:
Altered dogs Altered dogs/ Unaltered Unaltered
with a Unaltered 4-7 dogs, 8+ dogs
microchip months old months old 8+ months
(no microchip) with a old
microchip no
microchip)
Fee Per Do $22 $6 $10 15
Upon receipt of the license fee, the director of finance shall issue a metal tag of
such form and design as the director may designate with a serial number and the
year for which it is issued inscribed thereon, charging therefor the sum of 50
cents, which tag shall be attached to a collar of the dog for which the license has
been issued.
(b) If the license fee is not paid when due, a penalty of ten percent thereof shall be
added to and become part of the fee.
(c) The full amount of the fee shall be paid for any fraction of any year for which a
license is issued.
Comment:
While 1 understand and agree that the HIHS requires a boost in its budget to do the
important work we ask of them, 1 do not believe that responsible dog owners should
13
bear the sum of this burden in an effort to account for this shortfall. Increasing fees from
the current $2-$6 range to a $9.50-$28.00 range would create a near 500% jump in fees
that I could never justify, regardless of the usage of said monies. The fees I am
suggesting represent an approximate 300% increase. 1 hope this is viewed as a fair
compromise between those with multiple dogs and the HIHS.
1 also believe that if the fees are set any higher for unaltered dogs without microchip,
many who own this type of dog will choose not to comport with the law, thereby
contributing nothing to the HIHS's budget while simultaneously creating a potential
increase of HIHS's and any other animal control agency's workload.
I believe this fee schedule will encourage people to both spay/neuter their dogs and
utilize microchips as identifiers. As altered dogs with microchips would pose the least
burden possible on the HIHS, other animal control agencies and Police, I believe this
should be encouraged by offering a license for $2.00 - this nominal fee would be
utilized to cover administrative costs. My ultimate hope is that those with multiple dogs
that do not want to spay or neuter, particularly hunters, will utilize the option of
implanting a microchip. This would reduce their overall fees by roughly 33%. For
instance, if one owned 10 unaltered dogs with microchips implanted, their fee per year
would be $50. Without the microchip, this same fee would be $75.00 per year.
Article 4. Regulation of Dogs
12. Section 4-21. Impounding.
Any dog, while being a stray, shall be seized and impounded by the animal
control contractor or any other officer authorized by law and shall be disposed of in
accordance with the provisions of chapter 143, Hawaii Revised Statutes and section 4-
46. A special officer of the animal control contractor shall be authorized to enforce this
article if deputized by the chief of police to do so.
Comment:
Added "and section 4-46" to reference the pertinent section within the code regarding
the impoundment of stray animals.
13. Section 4-23. Enforcement.
For any violation of any of the provisions of this article or of the provisions of
chapter 143, Hawaii Revised Statutes, it shall be the duty of any police officer and any
other officer authorized to seize and impound any dog running at large within the meaning
of this article to issue a complaint and summons to the owner or other person charged with
the responsibility of complying with the provisions of this article or with the provisions of
chapter 143, Hawaii Revised Statutes. Said complaint and summons shall instruct such
14
owner or person to report [at the violations bufeau of ] to the respective district court
[eeetfts] of the County of Hawaii. aeh ° within seven days
after the reeeipt of sueh summons, appew- a4 skieh vielatinns hu-Fegil and post a bail bond, in
sueh amounts as may be se4 by the administrative judge ef the dis4fiet
for
,
appeafanee « the date may be set for such per-son to appear before the d-istriet ,.,.,,rt
i pon f ilwe to appeaf upon •eh date ...,:.1 hail 1,,.«,] shall be deemed forfeited.] 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.
Comment:
Language altered to conform to current policies, protocols and infrastructure in place to
handle such concerns. We have worked with the district court system as well as the
Office of the Prosecuting Attorney to ensure that codified language will be consistent
with the policies and procedures currently in place.
This is the same procedure as applied to Section 4-9. Summons and Citation.
14. Section 4-25. Failure to obey [qu-m-m-ons or- ] complaint and summons.
Unless otherwise satisfied by payment as described in section 4-23, it is
unlawful for any person to fail to appear 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.
Comment:
This section modified to comport with Section 4-22. Enforcement, as well as the
policies, protocol and infrastructure currently in place for the County of Hawaii.
15. Section 4-26. Issuance of complaint.
[in the event uatT pefsen fails to eemply with a sunnnens given stleh per-son
uai) Yva.avaa iuais va avauws , the
violations bureau Jshall fef6h.,A4th have a eampWnA entered against sueh person and seeure
the is uain e of a fram f ~m eh person's affes4.1 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 appearance date, a bench
warrant for the arrest of the alleged violator will be issued.
Comment:
Language altered completely to comport with provisions of section 4-22 and 4-24 and to
the policies, protocols and infrastructure currently in place for the County of Hawaii.
15
16. Section 4-27. Violation-penalty.
(a) The owner of a dog which has become a stray or any other person convicted of a
violation of this article shall be punished for the offense as follows:
(1) A fine of $50 if the offense did not occur within two years of the
occurrence of a previous offense under this article;
(2) A fine of $100 if the offense occurred within two years of the occurrence
of one previous offense under this article; 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 under this article or if the
person convicted has a previous conviction under section 4-30 [48]
involving the same dog.
Comment.
Housekeeping issue, Sections numbers changed as document was altered.
Article 7. Regulation of Dangerous Dogs.
17. Article [6] 5. Regulation of Dangerous Dogs.
Comment:
To provide a more cohesive ordinance, I recommend moving this article to follow
regulation of dogs and then placing the article regarding regulation of cats after it. All
sections and subsections have been changed to reflect this shift, as well as any cross
reference within this chapter.
18. Section 4-29. Definitions.
Wherever used in this article, unless a different meaning clearly appears from the
context:
"Animal" means any [ ] "animals", ["farm animal,"] "farm animals," or
"poultry" as those terms are defined in section 4-5.
Comment:
Housekeeping issue; pluralizes the word "animal to comport with definition as provided
in section 4-5.
19. Section 4-30[49]. Prohibited acts-conditions on owner-penalties.
(c) A dog owner convicted under subsection (a) shall be sentenced to the following
without possibility of suspension of sentence:
16
(4) Payment of all expenses for the boarding and retention of the dog if seized
and impounded pursuant to section 4-31 [4}{a)].
(e) In addition to the provisions of subsections (c) and (d), the dog owner may also be
sentenced to any of the following terms or conditions:
(9) The a and dog, at the , e expense, ..t4end w...:«:«
e
zed e ..,....:n the field.
(10)The dog be neutered or spayed at the owner's expense, unless the neutering or
spaying of the dog is medically contraindicated;
Comment:
First change is merely a housekeeping issue, rectifying a cross reference to another
area of this bill.
Regarding the second change to this section: as with the earlier provision within,
Section 4-13. Penalties, calling for owners to attend training courses to mitigate
nuisance behavior, I would like to strike this provision in its entirety. 1 am absolutely
concerned that a dog owner would be required to pay for training of their dog(s) by
someone "recognized as an expert in the field." This is a vague and ambiguous
statement, one which I would prefer not to see codified. I am not sure that there are any
"animal behaviorists" available and feel with strong certainty that most veterinarians
would not want to assume the task of making a dangerous dog no longer dangerous. I
am further concerned that anyone who did assume this task may be placed in a position
of liability, as they would be somewhat responsible for ensuring a dog once deemed
dangerous was no longer a threat.
Item 10 would then become item 9, item 11 would become item 10, and so forth.
20. Section 4-31. [C-itetien] 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 [seetisn] subsection 4-30[40](a), an enforcement officer shall
either arrest or issue a [summens and ] complaint and summons to the
owner pursuant to section 4-30[401, 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 veterinarian 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 [summensl complaint an
d
summons, and the [sitatiet3] complaint and summons shall notify the owner of this
17
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 [sitatiet>] complaint
and summons shall notify the owner that if the owner does not appear at the time
and place stated in the [sons] complaint and summons, the dog shall be
subject to relinquishment pursuant to subsection (b).
Comment:
Housekeeping issue; modifies reference to previous section to reflect current draft of
bill. Complaint and summons replaces any reference to summons alone or the term
citation to comport with current protocol and infrastructure.
21. Section 4-271391. [ovverabili=T
if any pFevisien of this aAiele is held fer- any reason invalid by a eetfft of eefiipeteR4
djufisdietien, ~ sueh deeision ..hall not afFet the alid:t. of the remaining r Rf tl.:q alliele ]
Comment:
This is the second of three severability clauses I recommend striking completely, due to
the overriding severability provided by Section 4 of this ordinance.
Section 4-27will read:
Section 4-27. Violation-penalty.
Article 5. Public Spay and Neuter Clinic for Dogs and Cats.
22. Article 5. [Publie Spay and Neuter- rl:..:e for Doge and Cat
(a) The GewAy of U.... ai'i : ....th'":"ed and a Yed to establ:..h a elinie tl...ough a
d in a humane C. eept a provided : subsection R.\ tB mhere of the
p--shall e:the.. the following fees or the ee4 to the County under the fee f R;: qep,iee
pay ,...t_aet for- se^,:^e^ Ne-fefined whieheye.- is less.
it\ spaying a r male dog-.$7-5-
(2) 'ie rvx Y spaying FTfemale eat of ering a » male dog, $50.
e..t..6 male dog, 'ief neutering a male eat $ 4 0
18
(b) A member of the publie who has been issued an EBT- eafd shall pay a fee ef $20 for-
of a F male dog a eat er the a term" of a male dog a ...,t Faf: the pose e
"ERT a
this an !Fmsfer aeeount-.]
Comment:
1 recommend striking this entire article from Bill 258 as the article was an amendment
made to the City and County of Honolulu's Revised Ordinances for purposes specific to
their public spay/neuter program. City and County of Honolulu Council records indicate
that Bill 21, 2003 CD2 was introduced on 03103103 by Ann Kobayashi with the intent to
"increase the City's fees for spaying and neutering cats and dogs to meet the public
demand for services and to offset rising costs in order to make the program self
sufficient." This Bill amended Chapter 7 of the Revised Ordinances of the City and
County of Honolulu thus creating article 5.
As this article has no bearing on any Public Spay/Neuter program the County of Hawaii
operates via the Hawaii Island Humane Society (HIHS), 1 believe it should be removed
to avoid any confusion with the coupon program provided by the HIHS.
Should the County of Hawaii ever wish to initiate a public spay/neuter clinic wholly
separate from the current coupon program offered, I do not believe this effort would
require any preset codification. Secondarily, setting a fee schedule now for any such
future program would appear arbitrary and impractical.
Thus, Article 6. Cat Identification Program, would become Article 5. All following articles
and section numbers assigned will reflect the deletion of Article 5. Public Spay and
Neuter Program for Dogs and Cats.
Article 6. Cat Identification Program
23. Section 4-39. Cats released to the animal control contractor.
(b) In the case of any cat wearing identification released to the animal control
contractor [wearing the animal control contractor shall make a
reasonable attempt to notify the owner by telephone, and shall send written
notice to the owner. The cat shall be held by the animal control contractor for
not less than nine days, after which time the animal control contractor may return
the cat to the person who had released the cat to the animal control contractor,
providing that person meets the animal control contractor's adoption
qualifications, offer the cat for adoption, or euthanize the cat, if not sooner
recovered by the owner. An owner wishing to recover the cat shall pay a daily
impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is
held by the animal control contractor.
19
(c) In the case of any cat not wearing identification released to the animal control
contractor [not wearing an ideritifieatio the animal control contractor shall hold
the cat for not less than forty-eight hours, after which time the animal control
contractor may return the cat to the person who had released the cat to the animal
control contractor, providing that person meets the animal control contractor's
adoption qualifications, offer the cat for adoption, or euthanize the cat, if not
sooner recovered by a person claiming ownership. If a person claiming
ownership seeks to recover the cat, the person shall pay a daily impoundment fee
of $2.50 for each full day, or fraction thereof, that the cat is held at the animal
control contractor
(d) Any cat released to the animal control contractor with a "notched ear," indicative
of a sterilized feral cat, shall be held at the animal control contractor for not less
than nine days, after which time the animal control contractor may return the cat
to the person who had released the cat to the animal control contractor, providing
that person meets the animal control contractor's adoption qualifications, offer the
cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming
ownership. If a person claiming ownership seeks to recover the cat, the person
shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof,
that the cat is held at the animal control contractor.
(e) If a cat released to the animal control contractor is not recovered by the owner, the
person who had released the cat to the animal control contractor shall have the
right of first refusal for permanent custody and ownership of the cat, providing
that person meets the animal control contractor's adoption qualifications.
Comment:
The language was modified within this section to reflect that the "cat" is the entity
"wearing identification" or "not wearing an identification", rather than the animal control
contractor having that modifier attached. Language also added to ensure that animal
control agencies release animals only to those that meet the qualifications of their
adoption contract. This language added to subsections (b), (c), (d) and (e).
24. Section 4-41. Enforcement.
An impounded cat for which identification is not maintained by an owner may not
be released by the animal control contractor to a person claiming ownership of the cat
until the owner complies with the identification requirements of this article. If an
impounded cat, with or without identification, has not been sterilized, the person claiming
ownership may be cited by an officer of the animal control contractor for a violation of
section 4-40[36]. The penalty for violating section 4-40[36]shall be waived upon proof
of sterilization of the cat by a veterinarian furnished to the animal control contractor
within thirty days after the date the citation was issued.
20
Comment:
Housekeeping issue; modifies reference to previous section to reflect current draft of
bill.
25. [Seeti..-. A AG Qeyerabilit..
if any provision of this a4iele or the applieatien thereof to any per-son or eireumstanee is
held invalid, the inya1:.7:t.. does not a f f .,t other preysi ns of nppl:eatiens ^£the ^-t:^Ie .1-:" h
be given e f f et .rit eut the in alid nnl:nntionn and to this en.7 the prw4sions
previsions or of this a4iele are e mole 1ff
Comment: J
1 recommend striking this section in its entirety, for the same reasons the previous
sections regarding internal severability were eliminated. The end quotation marks would
then be applied after, Section 453. Indemnification to County.
Article 7. General Animal Welfare.
26. Article 7. General Animal Welfare
Section 4-43. Cruelty to animals, includine does and cats.
In addition to the elements constituting cruelty to animals in chapter 711 of the Hawaii
Revised Statutes, aperson commits the offense of cruelty to animals, dogs and cats if the person
knowingly or recklessly:
(1) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes;
(2) Abandons any animal, dog or cat.
There shall be a penalty of not more than $500 for each violation of this section.
Comment:
1 believe the provisions that currently exist in our code regarding animal cruelty are
important and necessary. While this provision is not lengthy in nature, these relatively
simple regulations should be a part of any new ordinance.
21
Article 8. Dog, Cat, and Animal Pounds
27.
Article 8. Dog, Cat, and Animal Pounds
Section 4-44. Pound established for dogs, cats, and small domesticated animals.
There may be established pounds for the pumose of impounding, sheltering, an
d
disposing of unlicensed, lost, stray, homeless, or diseased dogs, for the destruction or other
disposition of seized dogs, not redeemed, and for the sheltering and disposing of lost, stray,
unclaimed, or diseased cats and other small domesticated animals in the districts of Ka`u, Hilo,
Hamakua, Puna, Kohala and Kona, County of Hawaii.
Section 4-45. Direction, control, and administration of pound.
Each pound shall be under the direction, control, and administration of the County or an
animal control contractor with whom the County has contracted for services which shall, in
addition to the duties provided in section 4-44, feed and shelter the dogs, cats, and small
domesticated animals in their care pursuant to chapter 143, Hawaii Revised Statutes. The
County may enter into contracts with more than one animal control contractor to carry out the
purposes of this chapter and chapter 143, Hawaii Revised Statutes.
Section 4-46. Power to seize and impound dogs, cats, and small domesticated animals.
The County or the animal control contractor with whom the County has contracted for
services shall be authorized to seize and impound any dog, cat, or other small domesticated
animal, when such dog, cat, or other small domesticated animal is a stray, and to dispose of such
dog, cat, or small domesticated animal in accordance with chapter 143, Hawaii Revised
Statutes.
Section 4-47. Enforcement by animal control officer.
The animal control contractor with whom the County has contracted for services may
designate its employees who possess qualifications and training satisfactory to the County to
serve as animal control officers to carry out the provisions of this article, chapter 143, Hawaii
Revised Statutes, and other provisions of this chapter which expressly authorize such animal
control officers to take specific action by ordinance.
Section 4-48. Expenses and appropriations for the pound.
All expenses of seizing, impounding and disposing of stray dogs, cats, and small
domesticated stray animals shall be borne by the animal control contractor with whom the
County has contracted to provide such services. The council, however, shall from time to time
make such appropriations to assist such animal control contractor as in its discretion and
judgment shall be deemed to be necessary to accomplish the responsibilities which such animal
control contractor may be required to perform under this chapter.
Section 4-49. Agreement between County and animal control contractor required.
22
An agreement containing, but not limited to, the extent of services rendered or to be
rendered by the animal control contractor and methods of reporting and accounting shall be
entered into between the contractor and the County before any payments may be made to the
contractor under this chapter.
Section 4-50. Ouarterly report required.
The animal control contractor, 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.
Section 4-51. Control of pound by the animal control contractor.
Any animal control contractor 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, subiect to the powers reserved to the County under any
contract. Such contractor, 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 contractors are being spent for public
purposes.
Section 4-52. Transfer of facilities and equipment to animal control contractors: reversion.
(a) The County administration is authorized to transfer facilities, equipment, and supplies,
which were assigned to pound operations, to the animal control contractor for use in
pound functions in accordance with section 6-33(k), Hawaii County Charter. The
animal control contractor shall not sell, exchange or dispose of the transferred facilities,
equipment, and supplies without the written approval of the council.
(b) Should anv animal control contractor cease to operate or use such facilities, equipment
and supplies for its intended vMose 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 animal control contractor terminate its contract for services with the County
for any reason, voluntarily or involuntarily, any equipment or supplies purchased by the
contractor with contract funds shall revert to the ownership and control of the County.
Section 4-53. Indemnification to County.
The animal control contractor 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 small domesticated animals, or any activity arising under the
contract or this chapter."
Comment:
l have added these sections from our current County Code, Chapter 4 - Animals, as I
believe they should be incorporated into Bill 258 to be reflected in our code should Bill
23
258 become ordinance. 1 believe provisions specifically delineating the rights, duties
and limitations of our county funded animal control contractors should be codified. All
references to the term "humane society" or derivation thereof have been altered to
"animal control contractor" to be consistent with the rest of this chapter..
Thank you for the opportunity to propose these amendments to Bill 258 and subsequently submit
Draft 2 of Bill 258 for your consideration.
It should be noted that Bill 258 has been well received by HIES, other animal control/care
centers and members of the community I have spoken to personally. I believe the proposed
changes are in the spirit of adapting the animal control laws of the City and County of Honolulu
to the County of Hawaii and are meant in no way to diminish Bill 258's overall intent.
Respectfully Submi(W4
Fred C. Holschuh, M.D.
FCH/jdh
24