COM 0017.005 2006-2008 - Laserfiche WebLink

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CASEY JARMAN .<1."'..w,y County Clerk Mailing Address: : Business Address: (Former County Building •?'~,o~,N',~r~ 333 KFlauea Avenue, Second Floor 25 Aupuni Street Ben Franklin Building Hilo, Hawaii 96720 Hila, Hawaii 96720 County of Hawai `i Office of the County Clerk Legislative Research Branch Telephone: (808) 961-8255 Facsimile: (808) 96l-8912 January 3, 2007 0 The Honorable Pete Hoffmann d7 ~ Council Chair - :z County of Hawaii Hilo, Hawaii 96720 'r R.E: Veto of Bi11258, Draft 6 ~ ~ ; Relating to Animals ~ ~ ' We submit for the council's consideration information relating to the points raised in~he Mayor's veto message regarding bill 258, draft 6. We cite the Mayor's three reasons for veto followed by our comments. The three stated reasons for veto were as follows: 1. "Bill 258 Draft 6 is being vetoed because the agencies that would be responsible for enforcing the provisions of this law have indicated that as written, sections are unenforceable and may be constitutionally vague, particularly in relation to the definition of animal nuisance." Comments: We assume that the language in the bill of greatest concern to the Mayor relates to the prohibition against unreasonable noise, contained in sec. 4-5. The bill prohibits "`unreasonable noise' continuously and/or incessantly for a period of twenty minutes." Unreasonable noise is defined in sec. 4-] of the bill as: 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. " Comm. No. ~ 7. Serving the /nterests ojthe People of Our Island Ref. 70: Pr4dlyfrt Hawaii County is an Equal Opportunity Provider and Employer Ref. Uate JAN 0 20(]]