COM 0798.018 2004-2006 - Laserfiche WebLink

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November 15, 2006 Page 3 In addition to the elements constituting cruelty to animals in chapter 711 of the Hawaii Revised Statutes, a person 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. Section 4-44. Defecation and nuisance prohibited. (a) No person who owns harbors keeps or has charge or control of any doe or other small domesticated animal shall cause suffer, or allow such animal to soil, defile, efecate on, or commit any nuisance on any part of any street including any sidewalk passageway or bypath, or on any play area park or place where people congregate or walk or on any public property, or on any private property, without the permission of the owner of the property. (b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies between and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops provided that the person who owns harbors keeps or has charge or control of a domesticated animal shall immediately and securely enclose all feces deposited by the animal in a bag wrapper, or other container, and dispose of the same all in a sanitary manner. (c) A person convicted of this 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 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 chanter 706, part II Hawaii Revised Statutes. Comments: Adding this section from our current code will satisfy this concern. Our Police Department's assertion is that Section 4-19 of our current code specifically and effectively addresses defecation issues. Subsection (c), with reference to penalties, has been altered to be consistent with penalties for other animal nuisance issues within this Bill (section 4-12 (b) of article 2). 5. With regard for the impoundment of dogs and any fees attached to said impoundment, the following alteration to Bill 258, Draft 3 should satisfy concerns about reduction of fees and subsequent impacts to correlating budgets: (Seetion 4 18. impoundment of obs 1rapoirridirierit C 1' d dogs shall be as provided in seetion 143 8, 11awai'i Revised Statutes.