COM 0100.002 2010-2012 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, DIVISION 2, SECTION 4 -25 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. Chapter 4, article 4, division 2, section 4 -25 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 4 -25. Noisy dog; [ : :. • . ... • •• • • . • . ' . • .] reasonable attempts to reduce noise; penalties. (a) Any person disturbed by a noisy dog shall make [. . . ; - . ; ] 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 [keeper,] custodian, the nuisance is not abated, the person disturbed by the noisy dog may then notify the [police department.] appropriate enforcement agency. (b) [The police department shall advise the owner or custodian of the complaint and of the provisions of this chapter prohibiting such violation. It shall be a violation if the owner or custodian fails to abate the nuisance within one hour after being advised by the police department.] 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. (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." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are to be severable. SECTION 4. This ordinance shall take effect upon its approval.