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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 258
Draft 6
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to repeal chapter 4, Animals, Hawaii
County Code, in its entirety and to establish a new chapter relating to animals.
SECTION 2. Chapter 4, Hawaii County Code 1983 (2005 Edition, as amended), is
repealed in its entirety.
SECTION 3. The Hawaii County Code 1983 (2005 Edition, as amended) is amended
by adding a new chapter 4 to read as follows:
"Chapter 4
ANIMALS
Article 1. Cockfighting.
Section 4-1. Prohibited.
It is unlawful for any person to engage or participate in any cockfighting exhibition_
Section 4-2. Violation-penalty.
Any person violating any provision of this article shall be punished by a fine of not less
than $250 and not exceeding $1,000 or by imprisonment not exceeding thirty days, or by both.
Article 2. Animal Nuisances.
Section 4-3. Purpose.
The purpose of this article is to establish an owner's responsibility for the keeping of
animals, farm animals, or poultry on a noncommercial basis and in a manner which will not
endanger or unreasonably interfere with the public health, welfare, safety, peace, or comfortable
enjoyment of life and property.
Section 4-4. Definitions.
As used in this article, unless the context otherwise requires:
"Animal control contractor" means the duly incorporated humane society or organization
formed for the prevention of cruelty to animals which is contracted by the County to perform
animal control services.
"Animal control officer" means any employee or trained volunteer of the animal control
contractor or the Hawaii police department who is authorized to carry out and enforce the
provisions of this chapter. Such individual shall also be known as and may bear the title of
"enforcement officer."
"Animal nuisance," for the purposes of this section, shall include but not be limited to
any animal, farm animal, or poultry which:
(1) Makes unreasonable noise continuously and/or incessantly for a period of twenty
minutes; or
(2) Notwithstanding the provisions of section 142-75, Hawaii Revised Statutes, or
any other applicable law, bites, or stings a person.
"Animals," unless provided otherwise, include but are not limited to those animals that
are customary and usual pets such as dogs, cats, rabbits, birds, honeybees, and other beasts which
are maintained on the premises of a dwelling unit and kept by the resident of the dwelling unit
solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for
legal sporting activities and for guarding of property; excluding aviary game birds and fish as
defined in the Hawaii Revised Statutes.
"Farm animals" means pigs, cows, goats, sheep, horses, camels, and llamas.
"Owner" means any person owning, harboring, or keeping animals, farm animals, or
poultry, whether licensed or not, or having custody, whether temporary or permanent thereof.
"Person" means and includes corporations, estates, associations, partnerships, and trusts,
as well as one or more individual human beings.
"Poultry" means chickens, pigeons, domestic turkeys, geese, ducks, and peafowl not
regulated by state law.
"Unreasonable noise" means noise, including barking, whining, howling, crowing, or
crying, that considering the nature and the circumstances surrounding the noise, including the
nature of the location and the time of the day or night, unreasonably interferes with reasonable
individual or group activities such as, but not limited to, communication, work, rest, recreation,
or sleep.
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
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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 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.
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Article 3. Dog License.
Section 4-13. Definitions.
As used in this article, unless the context otherwise requires:
"Altered" means dogs that have been either spayed or neutered. The applicant must
present a certificate from a veterinarian licensed to practice within the State showing the
description, age, and breed of the dog and certifying that it has been spayed or neutered.
"Microchip" means a computer chip that has an identification number programmed into
it and is approved by the animal control contractor.
"Unaltered" means dogs that have not been spayed or neutered.
Section 4-14. License fee.
(a) Biennial license fees for dogs shall be as follows:
Altered dogs Altered dogs/ Unaltered Unaltered
with a Unaltered 4-7 dogs, 8+ dogs
microchip months old months old, 8+ months
(no microchip) with a old
microchip (no
microchip
Fee Per Do $2 $6 $10 $15
Upon receipt of the license fee, the director of finance shall issue a metal tag of such form
and design as the director may designate with a serial number and the year for which it is
issued inscribed thereon, charging therefor the sum of 50 cents, which tag shall be
attached to a collar of the dog for which the license has been issued.
(b) The full amount of the fee shall be paid for any fraction of any year for which a license is
issued.
Section 4-15. Disposition of fee.
All moneys received by the director of finance under this article shall be used to support
the Spay/Neuter Community Assistance Program.
Section 4-16. Seizure of dogs by officers.
(a) Seizure of Unlicensed Dogs.
(1) Every officer shall seize any unlicensed dog found running at large or found upon
any public highway, street, alley, court, place, square, or grounds, or upon any
unfenced lot, or not within a sufficient enclosure, and confine it in a pound or any
suitable enclosure for a minimum period of forty-eight hours, during which time it
shall be subject to redemption by its owner by payment of the license due, if any,
and an impoundment fee of $10. Every dog found without a registration tag
affixed to the dog's collar will be deemed to be unlicensed.
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(2) If not so redeemed, the dog shall be sold by the officer for the amount of the
license and impoundment fee, or as much more as can be obtained therefor, and if
not so sold, it shall be humanely destroyed.
(3) The owner of any unlicensed dog impounded and not claimed within forty-eight
hours as provided in this section, may redeem the dog at any time before sale or
destruction by paying to the humane society, in addition to the amount of the
license and impoundment fee, the sum of $5 per day for the number of days over
two days the dog was impounded.
(4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if
any, shall be paid to the director of finance.
(b) Seizure of Licensed Stray Dogs.
(1) Every officer shall seize and impound any licensed stray dog.
(2) The officer shall notify the person to whom the license was issued, at the address
given in the license certificate, and shall, upon demand made within forty-eight
hours thereafter, release the dog to the person upon payment of an impoundment
fee of $10.
(3) If no person lawfully entitled to the dog shall, within seven days after the date of
giving notice, claim the dog, the dog may be sold or destroyed by the humane
society.
(4) The owner of any licensed dog impounded and not claimed within forty-eight
hours may redeem the dog at any time before the sale or destruction of the dog by
paying to the humane society, in addition to the $10 impoundment fee, the sum of
$5 per day for the number of days over two days the dog was impounded.
(5) All impoundment and kennel fees collected by the humane society in any given
month shall be deposited by the humane society no later than the fifth day of the
following month with the finance director to the credit of the County of Hawaii
general fund account.
Article 4. Regulation of Dogs.
Section 4-17. Definitions.
As used in this article, unless the context otherwise indicates:
"Animal control contractor" means the duly incorporated humane society or organization
formed for the prevention of cruelty to animals which is contracted by the County to perform
animal control services.
"Off-leash park" means a public park designated by the director of parks and recreation
where dogs, and no other animal, shall be allowed to be off-leash.
"Owner" means and includes every person owning, harboring, or keeping a dog or having
custody thereof.
"Stray" or "stray dog" means any dog:
(1) On the premises of a person other than the owner of the dog, without the consent
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of an occupant of such premises; or
(2) On a public street, on public or private school grounds, or in any other public
place, except when under the control of the owner by leash, cord, chain, or other
similar means of physical restraint; provided, that such leash, cord, chain, or other
means is not more than eight feet in length; and provided further, that this
provision shall not be construed to permit that which is prohibited by any other
law.
Section 4-18. Strays prohibited.
It shall be unlawful for the owner of any dog, whether such dog is licensed or not, to
permit such dog to become a stray.
Section 4-19. Impounding.
Any dog, while being a stray, shall be seized and impounded by the animal control
contractor or any other officer authorized by taw and shall be disposed of in accordance with the
provisions of chapter 143, Hawaii Revised Statutes and section 4-44. An enforcement officer of
the animal control contractor shall be authorized to enforce this article if deputized by the chief
of police to do so.
Section 4-20. Applicability.
The provisions of this article shall not apply to:
(1) Licensed guide, signal, or service dogs trained to assist disabled persons when
such dogs are actually being used by disabled persons for the purpose of aiding
them;
(2) Licensed dogs trained and used by the police department of the County of
Hawaii or other law enforcement agencies in law enforcement work while such
dogs are engaged in the performance of such work;
(3) Licensed hunting dogs when accompanied by their owner on public or private
hunting and/or shooting grounds; or
(4) Licensed obedience trial, tracking, and show dogs accompanied by their owner
and being trained or in competition in public parks or school grounds, provided
permission is first obtained from the proper park or school authorities for such
use.
Section 4-25. Penalties.
(a) The owner of a dog which has become a stray or any other person convicted of a
violation of this article shall be punished for the offense as follows:
(I) A fine of $25 for a first offense;
(2) A fine of $50 if the offense occurred within two yeazs 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;
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(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 yeazs 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 5. Regulation of Dangerous Dogs.
Section 4-26. Definitions.
As used in this article, unless the context otherwise requires:
"Animal" means any "animals," "farm animals," or "poultry" as those terms are defined
in section 4-4.
"Attack" means aggressive physical contact with a person or animal initiated by the dog
which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or
animal.
"Bodily injury" means the same as that term is defined in section 707-700, Hawaii
Revised Statutes.
"County animal control service" means the animal control services provider contracted
by the County to keep stray or unlicensed dogs.
"Dangerous dog" means any dog which, without provocation, attacks a person or animal.
A dog's breed shall not be considered in determining whether or not it is dangerous.
"Enforcement officer" means any person authorized and designated to enforce the
provisions of this article.
"Negligently" shall have the same meaning as is ascribed to the term in section 702-206,
Hawaii Revised Statutes.
"Owner" means any person owning, harboring, or keeping a dog; provided that if the
owner is a minor under the age of eighteen years, the parents, guardian or other person having
the care, custody, or control of the minor shall be rebuttably presumed to be the owner. The
person to whom a license was issued pursuant to section 143-2, Hawaii Revised Statutes, shall
rebuttably be presumed to be the owner of the dog for purposes of this section.
"Provocation" means the attack by a dog upon a person or animal was precipitated under
the following circumstances:
(1) The dog was protecting or defending its owner or a member of its owner's
household from an attack or assault;
(2) The person attacked was committing a crime or offense while on the property of
the owner of the dog;
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(3) The person attacked was teasing, tormenting, abusing, or assaulting the dog or at
any time in the past had teased, tormented, abused, or assaulted the dog;
(4) The dog was attacked or menaced by the animal or the animal was on the property
of the owner of the dog;
(5) The dog was responding to pain or injury inflicted by the attacked person or
animal;
(6) The dog was protecting itself, its kennels, or its offspring from the attacked
person or animal;
(7) The person or animal attacked was disturbing the dog's natural functions, such as
sleeping or eating, while the dog was on its owner's property; or
(8) The dog was responding to a command or encouragement to attack the person or
animal.
"Serious injury" to a domestic animal means physical injury to the animal involving a
broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an
organ.
Section 4-27. Prohibited acts-conditions on owner-penalties.
(a) A dog owner commits the offense of negligent failure to control a dangerous dog,
if the owner negligently fails to take reasonable measures to prevent the dog from
attacking, without provocation, a person or animal and such attack results in:
(1) The maiming or causing of serious injury to or the destruction of an animal, or
(2) Bodily injury to a person other than the owner.
A person convicted under this subsection shall be guilty of a petty misdemeanor for a
first offense and a misdemeanor for a subsequent offense and sentenced in accordance
with subsections (c), (d), and (e).
(b) For the purposes of this section, "reasonable measures to prevent the dog from attacking"
shall include but not be limited to:
(1) Measures required to be taken under article 4 of this chapter to prevent the dog
from becoming a stray; and
(2) Any conditions imposed by the court for the training of the dog or owner or for
the supervision, confinement or restraint of the dog for a previous conviction
under this section.
(c) A dog owner convicted under subsection (a) shall be sentenced to the following
without possibility of suspension of sentence:
(1) A fine of not less than $500 nor more than $2,000; except that if the offense
occurred within five years of a previous conviction under this section, a fine of
not less than $1,000 nor more than $2,000;
(2) A period of imprisonment of up to thirty days, or in lieu of imprisonment, a
period of probation of not more than six months in accordance with the
procedures, terms and conditions provided in chapter 706, part II, Hawaii
Revised Statutes; except that if the offense occurred within five years of a
previous conviction under this section, a period of imprisonment of up to six
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months, or in lieu of imprisonment, a period of probation of not more than one
year;
(3) Restitution to any individual who has suffered bodily injury or property damage
as a result of an attack by the dog where the individual suffers financial losses or
medical expenses due to the attack. For the purposes of this subsection, medical
expenses may include the costs of necessary counseling or rehabilitative services;
and
(4) Payment of all expenses for the boarding and retention of the dog if seized and
impounded pursuant to section 4-28.
(d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also
be sentenced to the following mandatory provisions, in addition to the provisions of
subsection (c):
(1) The owner shall provide the owner's name, address and telephone number to the
County animal control service;
(2) The owner shall provide the location at which the dog is currently kept, if such
location is not the owner's address;
(3) The owner shall promptly notify the appropriate animal control service of:
(A) Any changes in the ownership of the dog or the location of the dog along
with the names, addresses and telephone numbers of new owners or the
new address at which the dog is located;
(B) Any further instances of an attack by the dog upon a person or an animal;
(C) Any claims made or lawsuits brought as a result of further instances of an
attack by the dog; or
(D) The death of the dog;
(4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawaii
Revised Statutes, if the dog is not currently licensed;
(5) Unless already identified by microchip, the dog shall be permanently identified, at
the owner's expense, by injecting into the dog an identification microchip using
standard veterinary procedures and practices. The microchip identification
number of the dog shall be provided to the County animal control service; and
(6) When outside the owner's premises, the dog shall be attended and kept on a leash
no longer than four feet in length and under the control of a person eighteen years
of age or older.
(e) In addition to the provisions of subsections (c) and (d), the dog owner may also be
sentenced to any of the following terms or conditions:
(1) When indoors, the dog be under the control of a person eighteen years of age or
older;
(2) When outdoors on the owner's premises and unattended, the dog be kept within a
locked fenced or walled area from which it cannot escape;
(3) When outdoors on the owner's premises and unattended, the dog be confined to
an escape-proof kennel;
(4) When outdoors on the owner's premises, the dog be attended and kept within a
fenced or walled area from which it cannot escape;
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(5) When outdoors on the owner's premises, the dog be attended and kept on a leash
no longer than six feet in length;
(6) When outdoors on the owner's premises, the dog be kept under the control of a
person eighteen years of age or older;
(7) When outdoors outside the owner's premises, the dog be attended and muzzled
with a muzzle that prevents the dog from biting any person or animal but does not
cause injury to the dog or interfere with its vision or respiration;
(8) A sign or signs be placed in a location or locations directed by the court advising
the public of the presence and dangerousness of the dog;
(9) The dog be neutered or spayed at the owner's expense, unless the neutering or
spaying of the dog is medically contraindicated;
(10) The owner procure liability insurance or post bond of not less than $50,000, or for
a higher amount if the court finds a higher amount appropriate to cover the
medical and/or veterinary costs resulting from potential future actions of the dog;
(11) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control the dog.
For the purposes of this subsection, an escape-proof kennel means a kennel which allows
the dog to stand normally and without restriction, which is at least two and one-half times
the length of the dog, and which protects the dog from the elements. Fencing or wall
materials required under this section shall not have openings with a diameter of more
than two inches, and in the case of wooden fences, the gaps therein shall not be more than
two inches. Any gates within such kennel or structure shall be lockable and of such
design as to prevent the entry of children or the escape of the dog, and when the dog is
confined to such kennel or area and unattended, such locks shall be kept locked. The
kennel may be required to have double exterior walls to prevent the insertion of fingers,
hands, or other objects.
(f) Upon full investigation and finding of probable cause, an enforcement officer shall either
arrest or issue a summons and citation to the owner for violation of subsection (a).
Section 4-28. Complaint and summons-seizure-relinquishment of ownership.
(a) Upon full investigation and finding of probable cause to believe that there has been a
violation of subsection 4-27(a), an enforcement officer shall either arrest or issue a
complaint and summons to the owner pursuant to section 4-27, and may, in addition,
have the dog seized and impounded if the dog is posing an imminent threat to human
beings or to other animals. At the owner's request, such impoundment may be at the
premises of a licensed veterinarian or at a commercial kennel of the owner's choosing.
All expenses of the boarding and retention of the dog shall be borne by the owner.
The owner is prohibited from selling or transferring the ownership or physical custody of
the dog prior to the time stated in the complaint and summons, and the complaint and
summons shall notify the owner of this prohibition. This prohibition shall not apply
when an owner transfers ownership of the dog to the County animal control service.
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If a dog is seized and impounded pursuant to this section, the complaint and summons
shall notify the owner that if the owner does not appear at the time and place stated in the
complaint and summons, the dog shall be subject to relinquishment pursuant to
subsection (b).
Any person who refuses to surrender a dog that is subject to relinquishment pursuant to
this section shall be guilty of a petty misdemeanor and fined not less than $50 nor more
than $1,000, imprisoned not more than thirty days, or both.
(b) In the event that the owner of a dog seized and impounded pursuant to this section fails to
appear in court as required, ownership of the dog shall be deemed relinquished and the
court may order disposition of the dog as it deems appropriate.
(c) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (b)
or voluntary relinquishment of ownership of the dog, the owner shall still be responsible
for all expenses of boarding the dog and any fees and penalties which may be imposed by
the court.
Section 4-29. Inspection.
Upon presentation of proper credentials, any enforcement officer may enter at reasonable
times any building, structure or premises in the County of Hawaii for the purpose of
determining and enforcing compliance with the provisions of this article or of any court order
issued under this article; provided that such entry shall be made in such manner as to cause the
least possible inconvenience to the person in possession; and provided further, that an order of a
court authorizing such entry shall be obtained in the event such entry is denied or resisted.
Section 4-30. Exemption.
The provisions of this article shall not apply to dogs owned by any law enforcement
agency and used in the performance of law enforcement work.
Section 4-31. Civil action not precluded.
Nothing contained in this article shall preclude any person injured by a dog from bringing
a civil action against the owner of such dog pursuant to the applicable provisions of state law.
Article 6. Cat Identification Program.
Section 4-32. Definitions.
As used in this article, unless the context otherwise requires:
"Animal control contractor" means the duly incorporated humane society or organization
formed for the prevention of cruelty to animals which is contracted by the County to perform
animal control services.
"At large" means:
(1) On the premises of a person other than an owner of the cat, without the consent of
an occupant or owner of such premises; or
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(2) On a public street, on public or private school grounds, or in any other public
place, except when under the control of an owner by leash, cord, chain, or other
similar means of physical restraint that is not more than eight feet in length.
"Identification" means:
(1) A collar or tag worn by a cat which includes the current name, address, and
telephone number of the owner; or
(2) An ear tag issued by the animal control contractor; or
(3) A microchip registering the owner with the National Computer Recovery
Network or the animal control contractor.
"Impounded cat" means any cat released to or under the custody of or control of the
animal control contractor.
"Person" includes corporations, estates, associations, partnerships, and trusts, and one or
more individual human beings.
Section 4-33. Identification required.
It shall be unlawful for any person to be an owner of a cat over six months of age unless
the person maintains an identification worn by the cat. This section shall not apply to cats in
quarantine and cats brought into the County exclusively for the purpose of entering them in a cat
show or cat exhibition and not allowed to be at large.
Section 4-34. Owner~xception.
"Owner" means any person owning, harboring or keeping, or providing care or
sustenance for a cat, whether registered or not, or having custody of a cat, whether temporarily or
permanently. This definition shall not apply to any person who has notified the animal control
contractor of the cat at large that the person has taken into possession and:
(1) Who is or will be transporting the cat to the animal control contractor; or
(2) Who has made arrangements with the animal control contractor to have the cat
picked up by the animal control contractor.
Section 4-35. Removal of cat identification.
It shall be unlawful for any person other than an officer of or a person authorized by the
animal control contractor to remove any identification from any cat not owned by the person.
Section 4-36. Cats released to the animal control contractor.
(a) Any person who takes into the person's possession any cat at large shall immediately
notify the animal control contractor and shall release the cat to the animal control
contractor upon request.
(b) In the case of any cat wearing identification released to the animal control contractor, the
animal control contractor shall make a reasonable attempt to notify the owner by
telephone, and shall send written notice to the owner. The cat shall be held by the animal
control contractor for not less than nine days, after which time the animal control
contractor may return the cat to the person who had released the cat to the animal control
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contractor, providing that person meets the animal control contractor's adoption
qualifications, offer the cat for adoption, or euthanize the cat, if not sooner recovered by
the owner. An owner wishing to recover the cat shall pay a daily impoundment fee of
$2.50 for each full day, or fraction thereof, that the cat is held by the animal control
contractor,
(c) In the case of any cat not wearing identification released to the animal control contractor,
the animal control contractor shall hold the cat for not less than forty-eight hours, afer
which time the animal control contractor may return the cat to the person who had
released the cat to the animal control contractor, providing that person meets the animal
control contractor's adoption qualifications, offer the cat for adoption, or euthanize the
cat, if not sooner recovered by a person claiming ownership. If a person claiming
ownership seeks to recover the cat, the person shall pay a daily impoundment fee of
$2.50 for each full day, or fraction thereof, that the cat is held at the animal control
contractor.
(d) Any cat released to the animal control contractor with a "notched ear," indicative of a
sterilized feral cat, shall be held at the animal control contractor for not less than nine
days, after which time the animal control contractor may return the cat to the person who
had released the cat to the animal control contractor, providing that person meets the
animal control contractor's adoption qualifications, offer the cat for adoption, or
euthanize the cat, if not sooner recovered by a person claiming ownership. If a person
claiming ownership seeks to recover the cat, the person shall pay a daily impoundment
fee of $2.50 for each full day, or fraction thereof, that the cat is held at the animal control
contractor.
(e) If a cat released to the animal control contractor is not recovered by the owner, the person
who had released the cat to the animal control contractor shall have the right of first
refusal for permanent custody and ownership of the cat, providing that person meets the
animal control contractor's adoption qualifications.
Section 4-37. Sterilization of cats.
It shall be unlawful for a cat owner to allow a cat over the age of six months to be at large
unless the cat has been sterilized by a veterinarian.
Section 4-38. Enforcement.
An impounded cat for which identification is not maintained by an owner may not be
released by the animal control contractor to a person claiming ownership of the cat until the
owner complies with the identification requirements of this article. If an impounded cat, with or
without identification, has not been sterilized, the person claiming ownership may be cited by an
officer of the animal control contractor for a violation of section 4-37. The penalty for violating
section 4-37 shall be waived upon proof of sterilization of the cat by a veterinazian furnished to
the animal control contractor within thirty days after the date the citation was issued.
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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.
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Section 4-44. Power to seize and impound dogs, cats, and small domesticated animals.
The County or the animal control contractor with whom the County has contracted for
services shall be authorized to seize and impound any dog, cat, or other small domesticated
animal, when such dog, cat, or other small domesticated animal is a stray, and to dispose of such
dog, cat, or small domesticated animal in accordance with chapter 143, Hawaii Revised
Statutes.
Section 4-45. Enforcement by animal control officer.
The animal control contractor with whom the County has contracted for services may
designate its employees who possess qualifications and training satisfactory to the County to
serve as animal control officers to carry out the provisions of this article, chapter 143, Hawaii
Revised Statutes, and other provisions of this chapter which expressly authorize such animal
control officers to take specific action by ordinance.
Section 4-46. Expenses and appropriations for the pound.
All expenses of seizing, impounding and disposing of stray dogs, cats, and small
domesticated stray animals shall be borne by the animal control contractor with whom the
County has contracted to provide such services. The council, however, shall from time to time
make such appropriations to assist such animal control contractor as in its discretion and
judgment shall be deemed to be necessary to accomplish the responsibilities which such animal
control contractor may be required to perform under this chapter.
Section 4-47. Agreement between County and animal control contractor required.
An agreement containing, but not limited to, the extent of services rendered or to be
rendered by the animal control contractor and methods of reporting and accounting shall be
entered into between the contractor and the County before any payments may be made to the
contractor under this chapter.
Section 4-48. Quarterly report required.
The animal control contractor, individually, shall render a full report of its activities,
budget, and operations relating to the impounding of stray dogs, cats, and other stray
domesticated animals to the mayor and council within one month after the end of each quarter in
each fiscal year.
Section 4-49. Control of pound by the animal control contractor.
Any animal control contractor charged with the responsibility of operating a pound under
a contract with the County shall have full and complete control over the administration,
maintenance and operation of the pound, subject to the powers reserved to the County under any
contract. Such contractor, or its employees, officers, directors and agents, shall not be viewed as
an agent or employee of the County due to the County's establishment and maintenance of
controls to assure that public funds distributed to the contractor are being spent for public
purposes.
Section 4-50. Transfer of facilities and equipment to animal control contractors; reversion.
(a) The County administration is authorized to transfer facilities, equipment, and supplies,
which were assigned to pound operations, to the animal control contractor for use in
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pound functions in accordance with section 6-3.3(k), Hawaii County Charter. The
animal control contractor shall not sell, exchange or dispose of the transferred facilities,
equipment, and supplies without the written approval of the council.
(b) Should any animal control contractor cease to operate or use such facilities, equipment
and supplies for its intended purpose for a period of sixty days, such facilities, equipment
and supplies transferred by the County for operation of the animal pound shall revert to
the ownership and control of the County.
(c) Should any animal control contractor terminate its contract for services with the County
for any reason, voluntarily or involuntazily, any equipment or supplies purchased by the
contractor with contract funds shall revert to the ownership and control of the County.
Section 4-51. Indemnification to County.
The animal control contractor with whom the County has contracted for services shall
undertake to indemnify the County, its officers, agents, employees, and successors, from any and
all liabilities, losses or damages the County, its officers, agents, employees, and successors may
suffer as a result of claims, demands, costs, or judgments against it azising out of the
establishment, maintenance, and operation of the pound, or the seizure, impoundment and
disposition of dogs, cats and small domesticated animals, or any activity arising under the
contract or this chaptec.
Article 9. Enforcement
Section 4-S1A. Applicability.
These provisions shall apply to enforcement actions initiated pursuant to articles 1
(Cockfighting), 2 (Animal Nuisances), 3 (Dog License), 4 (Regulation of Dogs), 6 (Cat
Identification Program), and 7 (General Provisions).
Section 4-52. Definitions.
As used in this article, unless the context otherwise requires:
"Animal control contractor" means the duly incorporated humane society or organization
formed for the prevention of cruelty to animals which is contracted by the County to perform
animal control services.
"Animal control officer" means any employee or trained volunteer of the animal control
contractor or the Hawaii police department who is authorized to carry out and enforce the
provisions of this chapter. Such individual shall also be known as and may beaz the title of
"enforcement officer."
Section 4-53. Training; appointment; powers of animal control contractor.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised
Statutes, an enforcement officer shall be authorized to issue a complaint and summons or
other form of citation as the police chief may deem to be appropriate to enable an
enforcement officer to carry out and to perform the duties of an enforcement officer
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pursuant to this chapter and any contract between the County and the animal control
contractor.
(b) The police chief shall verify that a person designated by the animal control contractor to
serve as an enforcement officer is qualified and trained to serve in that capacity. The
police chief shall be empowered to establish minimum requirements for qualification and
training, which may be revised from time to time, provided that a copy thereof, and of
any revisions, shall be kept on file with the police chief s office thereof at all times. All
County agencies, officers and employees shall render their cooperation and assistance to
the police chief for purposes of this subsection.
(c) The police chief, upon verification of an enforcement officer's qualification and training,
shall issue an oath of office and identification badge or insignia to the enforcement
officer.
(d) An enforcement officer's appointment, power and authority shall be for a period of not
more than two years unless the same is sooner terminated by the enforcement officer's
discharge as an employee of the animal control contractor or discharge as an enforcement
officer by the police chief. The police chief may terminate and discharge an enforcement
officer's appointment upon recommendation of the animal control contractor of which
the enforcement officer is an employee or upon a finding by the police chief that the
enforcement officer has failed to comply with the minimum qualification and training
requirements established for enforcement officers by the police chief.
(e) No proceeding for the appointment, termination or discharge of enforcement officers
shall be subject to laws governing civil service or public employees.
Section 4-54. Complaint and summons or other form of citation.
(a) There shall be provided for use by enforcement officers authorized to enforce laws
relating to the regulation and control of animals, a form of complaint and summons or
other form of citation for use in citing violators of the provisions of chapter 143, Hawaii
Revised Statutes and this chapter. Said complaint and summons or other form of citation
shall be printed in a form commensurate with the form of other complaints and
summonses or other forms of citations used in modern methods of arrest, so designed to
include all necessary information to make the same valid and legal within the laws and
regulations of the State of Hawaii and the County of Hawaii. The form and content of
such complaint and summons or other form of citation shall be as adopted or prescribed
by the administrative judge of the district courts.
(b) In every case when a complaint and summons or other form of citation is issued, the
original of the same shall be given to the violator; provided that the administrative judge
of the district courts may prescribe the giving to the violator a copy of the complaint and
summons or other form of citation, and provide for the disposition of the original and any
other copies.
(c) Every complaint and summons or other form of citation shall be consecutively numbered
and each copy shall bear the number of its respective original.
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Section 4-55. Failure to obey complaint and summons or other form of citation.
(a) It shall be unlawful for any person to fail to appear at the place and within the time
specified in the complaint and summons or other form of citation issued to such person
by an officer for any violation of any section of this article, regardless of the disposition
of the charge for which such person was originally cited. However, if the minimum
payment set by the issuing officer is paid in full prior to the scheduled court date, then
this section will not apply.
(b) If the alleged violator does not appear at the respective district court as designated by the
complaint and summons or other fonn of citation, or pay the fine assigned to the
particular violation prior to the court appearance date, a bench warrant for the anest of
the alleged violator will be issued.
Section 4-56. Annual report required.
The animal control contractor shall render a full report of its activities and operations
relating to the enforcement of this chapter to the mayor and the council within one month after
the end of each fiscal year. "
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of this ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This Ordinance shall take effect March 11, 2007.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
xi i~ , Hawaii
Date of Introduction: October 31, 2006
Date of 1 S` Reading: October 31, 2006
Date of 2"d Reading: November 29, 2006
Effective Date:
fi~FcRE~iCE: Comm. 17
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