COM 0798.016 2004-2006 - Laserfiche WebLink

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SUBJECT : ANIMAL CONTROL BILL, BILL 258 (DRAFT 3) (WRITTEN TESTIMONY ONLY) PAGE2 2. According to Sections 4-13 and 4-28 of Bill 258 fines and forfeitures collected shall be paid into the County treasury and deposited in the general fund of the County. However, the proceedings that give rise to the fines and forfeitures fall within the jurisdiction of the State of Hawai'i court system. Specifically, according to Sections 4-9 and 4-11 of Bill 258, complaints and summons for violations of the animal control laws are filed in the district courts, with the payment of fines via mail sent to the district courts. These are two different governmental entities. Currently, it is our understanding that fines go to the State of Hawaii, via the judiciary. This inconsistency of "who gets the money and where it goes" needs to be addressed before this Bill can pass final reading. 3. According to Section 4-17 of Bill 258 license fees are to be deposited into the Spay/Neuter Fund. Section 4-17 of Bill 258 is unworkable since it is our understanding that the County of Hawaii currently does not have a Spay/Neuter Fund because such a fund was never created. This issue needs to be addressed before this Bill can pass final reading. 4. Sections 4-5 and 4-6 of Bill 258 sets forth what would be considered "animal nuisance." Within sections 4-5 and 4-6 of Bill 258, it appears that defecation has been excluded/omitted. The reference to Hawaii Revised Statutes section 322-2, that states that a "source of filth, or cause of sickness or disease is found on private property" may imply that defecation should be considered animal nuisance. However, such implication is vague. Within the current Hawaii County Code, Section 4-19, defecation is specifically and effectively addressed. Is the Council choosing to remove defecation from the definition of animal nuisance or was that just an accidental omission? If it was an accidental omission, then perhaps the language from the existing Section 4-19 should be incorporated to the proposed revision. This issue needs to be addressed before this Bill can pass final reading. 5. According to Section 4-18 of Bill 258, "the impoundment of unlicensed dogs shall be as provided in section 143-8, Hawaii Revised Statutes." Presently, the Hawaii Revised Statutes sets the impoundment fee at $2.50/day, unless another fee amount is provided by ordinance. Bill 258 does not have any impoundment fee/rate schedule, therefore establishing the impoundment fee at $2.50/day. If the impoundment fee is set at $2.50/day, that fee would be less than the impoundment fee currently collected.