BIL 258 Draft 05 2004-2006 - Laserfiche WebLink

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animal nuisance for purposes of this article if, at the time the animal, farm animal, or poultry is making unreasonable noise, biting, or stinging, a person is trespassing or threatening trespass upon private property in or upon which the animal, farm animal or poultry is situated, or for any other legitimate cause which teased or provoked said animal, farm animal, or poultry. (b) This article shall not apply 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. Section 4-6. Defecation prohibited. (a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated animal shall cause, suffer, or allow such animal to soil, defile, or defecate 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. Section 4-7. Complaint forms for private citizens. The animal control contractor, in consultation with the Hawaii County police department, shall develop a complaint form with respect to the keeping of animals, farm animals, or poultry. The form may be obtained by private citizens from the animal control contractor, at the Humane Society Offices, or the office of information and complaints. Section 4-11. Penalties. (a) An owner convicted of an offense shall be sentenced 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 sections 4-5 and 4-6; (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. 3