COM 0798.033 2004-2006 - Laserfiche WebLink

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Stacy K. Higa, Chair Hawaii County Council November 27, 2006 Page 7 about animal noise in agricultural areas was suggested in testimony submitted by Frances M. Moniz, regarding draft 4. (Comm. 798.27) 4.d. Sec. 4-4, Removes paragraph (4) relating to "noxious and/or offensive odors." This provision reads: "(4) Notwithstanding the provisions of section 142-75, Hawaii Revised Statutes, or any other applicable law, noxious and/or offensive odors shall be deemed a prohibited nuisance in accordance with HRS 322-2." Comment: Removal of this provision was suggested by written testimony submitted by the Big Island Gun Dogs. (Comm. 798.23) In part, this testimony made the following persuasive arguments in favor of removing this paragraph: "Draft 3 adds `noxious and/or offensive odors' under Section 4-5, Definitions, but does not define what they are. It references HRS Section 142-75, which is unrelated to the subject (sec. 142-75 Human bitten by dog; duty of dog owners; action against owner.)... It would appear that the State Department of Health has a statutory responsibility to handle the noxious odor issue, and it is unclear why it is included in a County animal control bill. Regarding `offensive' odors, it would be interesting to see how they would be defined. Perfume samples are deemed offensive to some, to the extent that warnings are issued when they are included in newspaper mailings. Ill-defined, subjective, and redundant, it is suggested that this amendment to Draft 2 be removed in its entirety. " 5. Sec. 4-6. The existing sec. 4-6, "Exceptions" was deleted. Subsec. (a) was moved into sec. 4-5, subset. (b), "Animal nuisance-prohibited." The initial portion of Subsec. (a), that contains a definition for unreasonable noise was moved into see. 4-4, "Definitions." In addition, the last part of Subsec. (b) includes failing to "heed the admonition of a police officer or an enforcement officer... that noise is unreasonable and should be stopped or reduced" within the definition of unreasonable noise. This provision was deleted because it is inconsistent with the revised definition of unreasonable noise, which now considers the totality of circumstances in determining whether noise is unreasonable. 6. Sec. 4-5. Moves subset. (a) from sec. 4-6 (Exceptions) into this sec. 4-5, Animal nuisance-prohibited, as a new subset. (b). This section now reads: "Section 4-5. Animal nuisance prohibited (a) It is unlawful to be the owner of an animal, farm animal, or poultry engaged in animal nuisance as defined in section 4-4; provided, however, that it shall not be deemed to be 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 7