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• OS NI . `yam �I' BRENDA J. FORD iv � � / : Phone: (808) 323 -4277 Council Member Fax: (808) 329- 4786 District 7 - Central Kona •r, * •'),: E -Mail: bford @co.hawaii.hi.us Oi N HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 rti DATE: April 29, 2011 TO: Dominic Yagong, Chairperson and Members of the Hawai`i County Council FROM: c ' renda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill No. 27, Relating to Noisy Dog; Procedure for Abatement of Nuisance Attached are proposed amendments to Bill No. 27. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 27 (material to be deleted is bracketed and stricken through; material to be added in underlined). Section 4 -25, as provided in Bill No. 27, is amended to read: "Section 4 -25. Noisy dog; reasonable attempts to reduce noise; penalties. (a) Any person disturbed by a noisy dog shall make [all reasonable attempts] a reasonable attempt to advise the owner or custodian who keeps such dog of this fact. Reasonable attempts for notification include by letter, email, visit to the owner or custodian, or any other legal method. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog, or after notifying the owner or custodian the nuisance is not abated, the person disturbed by the noisy dog may then notify the appropriate enforcement agency. (b) The owner or custodian of a noisy dog that causes a disturbance as provided in section 4 -24 shall be guilty of a violation of this section: (1) If after being advised of the disturbance per subsection (a), the owner or custodian of a noisy dog does not take immediate and effective action to abate the nuisance; or (2) If the appropriate enforcement agency is notified and responds to a complaint of a noisy dog and the nuisance is not abated. [(b)1(c) There shall be a penalty of $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200." A draft copy of Bill No. 27, Draft 2, is attached with the proposed amendments incorporated therein. BJF /dkr att. Comm. No. ' Serving the Interests of the People of Our Island Ref. To: Prosoemlaiut 4 Hawaii County is an Equal Opportunity Provider and Employer Ref. Date M AY 4 21111.