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<br /> <br /> <br /> Stacy K. Higa, Chair <br /> Hawaii County Council <br /> October 17, 2006 <br /> Page 3 <br /> <br /> <br /> (b) The restrictions in this section shall not apply to that portion of <br /> the roadway of any street which lies between and within three <br /> feet of the edges or curbs of the roadway, except at crosswalks or <br /> bus stops, provided that the person who owns, harbors, keeps or <br /> has charge or control of a domesticated animal shall <br /> immediately and securely enclose all feces deposited by the <br /> animal in a bag, wrapper, or other container, and dispose of the <br /> same all in a sanitary manner. <br /> <br /> (c) An owner convicted of an offense shall be sentenced as follows: <br /> (1) A fine of $50 if the offense did not occur within two years of <br /> the occurrence of a previous offense involving the same <br /> provision; <br /> (2) A fine of $100 if the offense occurred within two years of the <br /> occurrence of one previous offense involving the same <br /> provision; or <br /> (3) A fine of not less than $500 nor more than $1,000, <br /> imprisonment not exceeding thirty days, or both, if the <br /> offense occurred within two years of the occurrence of two or <br /> more previous offenses involving the same provision. In lieu <br /> of a term of imprisonment, the court may order the defendant <br /> to serve a period of probation of not more than six months in <br /> accordance with the procedures, terms and conditions <br /> provided in chapter 706, part 11, Hawai `i Revised Statutes. <br /> Reference: Comm. No. 798.18 <br /> <br /> 9. Sec. 4-18, "Impoundment of unlicensed dogs," was deleted. <br /> Reference: Comm. No. 798.18 <br /> <br /> 10. In place of sec. 4-18, a new section, "Seizure of dogs by officers" was inserted into the bill. <br /> This section is from the existing animal code, section 4-20, Hawaii County Code. This new <br /> section, now numbered see. 4-16 in Draft 4, reads: <br /> "Section 4-16. Seizure of dogs by officers. <br /> (a) Seizure of Unlicensed Dogs. <br /> (1) Every officer shall seize any unlicensed dog found running at <br /> large or found upon any public highway, street, alley, court, <br /> place, square, or grounds, or upon any unfenced lot, or not <br /> within a sufficient enclosure, and confine it in a pound or any <br /> suitable enclosure for a minimum period offorty-eight hours, <br /> during which time it shall be subject to redemption by its <br /> owner by payment of the license due, if any, and an <br /> impoundment fee of $10. Every dog found without a <br />