BIL 258 Draft 05 2004-2006 - Laserfiche WebLink

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Section 4-39. Penalties. (a) Any person convicted of a violation of this article shall be punished for the offense as follows: (1) A fine of $25 for a first offense; (2) A fine of $50 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 $100 nor more than $1,000, if the offense occurred within two years of the occurrence of two or more previous offenses involving the same provision. (b) For the purposes of this section: (1) "Provision" means a prohibition or requirement listed in this article; (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 subsection (a), even if the animals involved in the offenses differed. Article 7. General Provisions Section 4-40. Cruelty to animals, including dogs and cats. 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. Article 8. Dog, Cat, and Animal Pounds Section 4-42. Pound established for dogs, cats, and small domesticated animals. There may be established pounds for the purpose of impounding, sheltering, and 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. Section 4-43. 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 4-42, 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. 14