Laserfiche WebLink
REPORT OF THE <br /> COMMITTEE ON HUMAN SERVICES, <br /> SOCIAL SERVICES AND PUBLIC SAFETY <br /> DATE: March 15, 2011 Re: Comm. No. 100 /Bill 27 <br /> PLACE: Council Chambers <br /> West Hawai`i Civic Center <br /> 74 -5044 Ane Keohokalole Highway, Building A <br /> Kona, Hawaii <br /> TIME: 10:57 a.m. <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Human Services, Social Services and Public Safety, to which was referred Bill 27, <br /> reports as follows: <br /> Bill 27 transmitted by Councilmember Brenda Ford, via Communication No. 100, dated <br /> February 11, 2011, amends Chapter 4, Article 4, Division 2, Section 4 -25 of the Hawai`i County Code <br /> 1983 (2005 Edition, as amended), relating to noisy dog; procedure for abatement of nuisance. <br /> Ms. Ford called Deputy Prosecuting Attorney Mitch Roth forward to address the members of the <br /> Committee. Mr. Roth stated that this bill goes to procedure and not what constitutes a noisy dog. It <br /> would eliminate Police having to physically wait one hour before citing an owner who did not abate <br /> their noisy dog. He added that most cases are currently being thrown out of court due the police not <br /> physically waiting for one hour before issuing a citation. <br /> Mr. Hoffman noticed that the amendment eliminates the Police Department from this section of the code <br /> and does not need to notify the owner of a complaint. His concern is that there may be a disconnect <br /> between a neighbors notifying each other and there is no mention of who to call to issue a citation. <br /> Ms. Ford replied that the Police Department is charged to enforce all laws and will remain a requirement <br /> of the code even though it's pulled from this section. <br /> Mr. Yagong shares Mr. Hoffman's concern as to what occurs after a neighbor notifies the dog owner. <br /> Procedures on how and when to engage the Police Department are missing; and it appears that anyone <br /> can call and say, "I've talked to the owner" and "BOOM" a citation is issued. The process does not <br /> seem fair; maybe the Humane Society should be added as the one to call. <br /> Ms Smart agrees with Mr. Yagong that this bill needs to define who, when, and how it will be enforced. <br /> She expressed her concern of escalating neighborhood disputes to a whole new level without clearly <br /> defined procedures. <br /> Mr. Yoshimoto expressed that the lack of clarity being discussed is a result of not looking at the code in <br /> its entirety. This issue is very clear that neither the Humane Society nor Police Department is being <br /> eliminated. Mr. Roth reiterated that this amendment simply takes away the need for Police Department <br /> HSSPSC Report No. 2 <br />