HomeMy WebLinkAboutBIL 125 Draft 01 2020-2022 cPJNL�-u•
COUNTY OF HAWAII -•` `" • STATE OF HAWAII
BILL NO. 125
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), RELATING TO ANIMALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Hawai`i County residents and their animals have recently been
subjected to a number of vicious attacks by dogs. These incidents have resulted in severe
injuries and even the death of persons and animals who were attacked. In response to these
events,this ordinance includes additional provisions to regulate persons who own, harbor, or
keep any dog that has bitten, injured, or maimed a person or injured, maimed, or destroyed an
animal belonging to another person. This ordinance groups these new provisions with existing
sections relating to dangerous dogs into a new division, entitled"Dangerous Dogs," and
reorganizes chapter 4 to effectuate creation of this new division. To support this structural
reorganization,this ordinance further amends the chapter for clarity, makes minor formatting
changes, and repeals inefficacious provisions that refer to State law and severability.
SECTION 2. Chapter 4, article 1, section 4-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by removing the letters (a)through(s)that precede the
definitions.
SECTION 3. Chapter 4, article 1, section 4-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending the definition of"bodily injury"to read as
follows:
"Bodily injury"means [the same as that defined in section 707 700, Hawaii
Revised Statutes] physical pain, illness, or any impairment of physical condition."
SECTION 4. Chapter 4, article 1, section 4-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by adding the definitions of"serious bodily injury" and
"substantial bodily injury"to be appropriately inserted and to read as follows:
'Serious bodily injury"means bodily injury which creates a substantial risk
of death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ."
""Substantial bodily injury"means bodily injury which causes:
(1) A major avulsion, laceration, or penetration of the skin;
(2) A burn of at least second degree severity;
(3) A bone fracture;
(4) A serious concussion; or
(5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or
other internal organs."
SECTION 5. Chapter 4, article 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended for organizational purposes, as follows:
1. Renumbering and renaming the title of the article as follows: "Article [4.
Prohibitions] 3. Dogs, Cats, and Other Animals.";
2. Placing sections 4-14 to 4-19 within this article;
3. Deleting the title, "[Division 1. Dogs, Cats, and Other Animals.]" (This shall not
affect sections 4-14 through 4-19); and
4. Deleting the title "[Division 2. Dogs.]" (This shall not affect sections 4-20 through
4-31.4).
SECTION 6. Chapter 4', article 3, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended for organizational purposes, as follows:
1. Renumbering and renaming the title of the article as follows: "Article [3. Dog
License Fees] 4. Dogs.";
2. Adding the following new division to this article, "Division 1. Dog License Fees."
and placing sections 4-12 and 4-13 within this division 1;
3. Adding the following new division to this article, "Division 2. General Provisions."
and placing sections 4-20 to 4-27, 4-29, and 4-30 within this division 2; and
4. Adding the following new division to this article, "Division 3. Dangerous Dogs."
and placing sections 4-28, 4-31 to 4-31.3 within this division 3.
SECTION 7. Chapter 4, section 4-31, of the Hawai`i County Code 1983 (2016 Edition,
as amended), is amended to read as follows:
"Section 4-31. [ • •_ : . . . . _ . . . • ; . . . ; • . . .
the person negligently fails to take reasonable measures to prevent the dog from
(2) Bodily injury to a person.
(b) For the purposes of this section, "reasonable measures to prevent the dog from
attacking" shall include but not be limited to:
2
and 4 32 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 one or more of the
following
(1) A fine of not less than$200 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
- _.. -
Revised Statutes;
damage as a result of an attack by the dog.
(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;
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
(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.
(1) The owner shall obtain a license for the dog pursuant to section 113 2, Hawai`i
Revised Statutes, if the dog is not currently licensed; and
(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.
(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 and unattended, the dog be kept within a locked fenced or
walled area from which it cannot escape;
(3) When outdoors and unattended,the dog be confined to an escape proof kennel;
(1) When outdoors, the dog be attended and kept within a fenced or walled area
from which it cannot escape;
3
(5) When outdoors, the dog be attended and kept on a leash no longer than six feet
in length and under the control of a person eighteen years of age or older;
(6) When outdoors, 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;
(7) 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;
by an animal behaviorist, a licensed veterinarian or other recognized expert in
the field;
(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
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
within such kennel or structure shall be lockable and of such design as to
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
(f) Upon probable cause, an enforcement officer may either arrest or issue a summons
and citation to the owner for violation of subsection(a).]
Negligent failure to control a dangerous dog; penalties.
(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if
the person 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;
(2) Bodily injury to a person;
(3) Substantial bodily injury to a person; or
(4) Serious bodily injury or death.
(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 sections 4-14, 4-15, 4-18, 4-20, 4-
23, 4-30 and 4-32 of this chapter to prevent the dog from becoming a
stray; and
4
(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 person convicted under this section of a violation of subsections (a)(1) or (a)(2)
shall be guilty of a petty misdemeanor and sentenced to one or more of the
following:
(1) A fine of not less than$200 nor more than$1,000;
(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, Hawai`i Revised Statutes; or
(3) Restitution to any individual who has suffered bodily injury or property
damage as a result of an attack by the dog.
(d) A person convicted under this section of a violation of subsection(a)(3) shall be
guilty of a class C felony and sentenced to one or more of the following:
(1) A fine of not less than$500 nor more than$10,000;
(21 Aperiod of imprisonment of up to five years, or in lieu of
imprisonment, a period of probation of four years with up to one year
of imprisonment, in accordance with the procedures, terms and
conditions provided in chapter 706,part II, Hawai`i Revised Statutes;
(3) Restitution to any individual who has suffered bodily injury or property
damage as a result of an attack by the dog; or
(4) The dog shall be humanely destroyed.
(e) A person convicted under this section of a violation of subsection(a)(4) shall be
e
guilty of a class B felony and sentenced to one or more of the following:
(1) A fine of not less than$500 nor more than$25,000;
(2) A period of imprisonment of up to ten years, or a period of probation of
four years with up to eighteen months of imprisonment, in accordance
with the procedures, terms and conditions provided in chapter 706, part
II, Hawai`i Revised Statutes;
(3) Restitution to any individual who has suffered bodily injury or property
damage as a result of an attack by the dog; or
(4) The dog shall be humanely destroyed."
SECTION 8. Chapter 4, article 4, section 4-31.2 of the Hawai`i County Code 1983
(2016 Edition, as amended), "Exemption," is amended by renumbering this section as follows,
"[d1 31.2] 4-31.5."
SECTION 9. Chapter 4, article 4, section 4-31.1 of the Hawai`i County Code 1983
(2016 Edition, as amended), "Citation and summons; seizure; relinquishment of ownership," is
5
amended by renumbering this section as follows, "['l 31.1] 4-31.2" and by amending subsection
(a) of this renumbered section to read as follows:
"(a) Upon finding probable cause to believe that there has been a violation of
[section 4 31(a)] sections 4-31 or 4-31.1, an enforcement officer may[; ]
arrest or issue a summons and citation to the dog's owner, or both. In
addition to arresting or issuing a summons and citation to the owner
... .. - : - ], an enforcement officer shall have the dog seized
and impounded [ -• . ' .. . •- - . .
to other animals]. Such impoundment may be at the premises of a licensed
veterinarian or at a commercial kennel. All expenses incurred by the County
relating to the care and custody [of the boarding and retention] of the dog
shall be borne by the owner[7] regardless of whether the alleged offense
results in a conviction pursuant to the provisions of chapter 4."
SECTION 10. Chapter 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding a new section to the article 4 "Dogs," division 3 "Dangerous
Dogs," created in SECTION 6 of this bill. This section shall be designated, 4-31.1 and shall read
as follows:
"Section 4-31.1. Habitual negligent failure to control a dangerous dog;
penalties.
(a) A dog owner commits the offense of habitual negligent failure to control a
dangerous dog, if the person was convicted of a violation of section 4-31
within five years prior to the present incident, the prior violation involved
the same dog, and the dog owner negligently failed 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.
(b) A person convicted under this subsection shall be guilty of a misdemeanor
and sentenced to one or both of the following procedures, terms and
conditions provided in chapter 706, part II, Hawai`i Revised Statutes:
(1) A fine of not less than$200 nor more than$2,000;
(2) A period of imprisonment of up to one year, or in lieu of imprisonment,
a period of probation of not more than one year in accordance with the
procedures,terms and conditions provided in chapter 706, part II,
Hawai`i Revised Statutes;
(3) Restitution to any individual who has suffered bodily injury or property
damage as a result of an attack by the dog; or
(4) The dog shall be humanely destroyed."
6 _ .
SECTION 11. Chapter 4, section 4-31.4, of the Hawai`i County Code 1983 (2016
Edition, as amended), is repealed.
''[_ • . . . .
If any provision of this article or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the article which can be given effect without the invalid provisions or
applications, and to this end the provisions of this article are severable.]"
SECTION 12. Chapter 4, article 4, section 4-31.3 of the Hawai`i County Code 1983
(2016 Edition, as amended), "Civil action not precluded," is amended by renumbering this
section as follows, "H 31.3] 4-31.4."
SECTION 13. Chapter 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding a new section to the article 4 "Dogs," division 3 "Dangerous
Dogs," created in SECTION 5 of this bill. This section shall be designated, 4-31.3 and shall read
as follows:
"Section 4-31.3. Additional penalties.
(a) Unless the dog has been or is ordered to be humanely destroyed,the dog
owner shall also be sentenced to the following provisions, in addition to the
provisions of sections 4-31 and 4-31.1:
(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,
Hawai`i Revised Statutes, if the dog is not currently licensed; and
(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.
7
(b) Unless the dog has been or is ordered to be humanely destroyed, in addition
to the provisions of subsection (a),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 and unattended,the dog be kept within a locked fenced
or walled area from which it cannot escape;
(3) When outdoors and unattended, the dog be confined to an escape-
proof kennel;
(4) When outdoors,the dog be attended and kept within a fenced or
walled area from which it cannot escape;
(5) When outdoors, the dog be attended and kept on a leash no longer than
six feet in length and under the control of a person eighteen years of
age or older;
(6) When outdoors,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;
(7) 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;
(8) The owner and dog, at the owner's expense, attend training sessions
conducted by an animal behaviorist, a licensed veterinarian, or other
recognized expert in the field;
(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 ownerprocure liabilityinsurance 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 doh
(11) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control
the dog.
(c) For the purposes of this section, 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.
8
(d) Upon probable cause, an enforcement officer may either arrest or issue a
summons and citation to the owner for violation of subsection(a)."
SECTION 14. Chapter 4, article 5, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended to read as follows.
"Article 5. [. • _. ' • • • • • • . • . . . . - ] Reserved.
[- , • . p . . . . . . , - .
In construing this chapter and providing for the control of animals in the County of Hawai`i,
reference shall be made to the Hawai`i Revised Statutes, including, but not limited to:
Chapter 142, part III, Hawai`i Revised Statutes: Fences and trespasses by animals
Section 142 71, Hawai`i Revised Statutes: Liability of dog owner; penalty
Section 663 1, Hawai`i Revised Statutes:
Section 142 96, Hawai`i Revised Statutes: Frightening animals; penalty
Sections 187 12 to 14, Hawai`i Revised Statutes: Predators and destruction of predators
Section 142 97, Hawai`i Revised Statutes: Wild cattle through street; penalty
Section 4 38 ever
. . . - . . - • •- . •- alid for any r ason by a court of competent
article.]"
SECTION 15. Articles 6, 7, and 8 are reserved.
SECTION 16. Chapter 4, article 4, division 3, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended for organizational purposes, by renaming the division as
follows: "[Division 3.] Article 9. Enforcement" and placing sections 4-32 to 4-36 within this
article 9.
SECTION 17. Chapter 4, section 4-32, of the Hawai`i County Code 1983 (2016 Edition,
as amended), is amended to read as follows:
"Section 4-32. Enforcement.
For any violation of any of the provisions of[this article] articles 3 or 4, or of the
provisions of chapter 143, Hawai`i Revised Statutes, it shall be the duty of any officer
authorized to seize and impound any dog running at large within the meaning of this
article to issue a summons to the owner or other person charged with the responsibility of
complying with the provisions of[this article] articles 3 or 4, or with the provisions of
chapter 143, Hawai`i Revised Statutes. Said summons shall instruct such owner or
person to report at the violations bureau of the respective district courts of the third
circuit. Each such owner or person may, within seven days after the receipt of such
9
summons, appear at such violations bureau and post a bail bond, in such amounts as may
be set by the administrative judge of the district courts, for appearance on the date as may
be set for such person to appear before the district court. Upon failure to appear upon
such date, said bail bond shall be deemed forfeited."
SECTION 18. 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 19. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid,the 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 severable.
SECTION 20. Upon passage of this ordinance,the County Clerk may rearrange, number
and renumber sections and parts of sections, and change reference numbers within this chapter to
agree with renumbered articles, divisions, sections, and parts of sections.
SECTION 21. This ordinance shall take effect on upon its approval.
INTRODUCED BY:
COUNCIL EMBER,EMBER, OUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 642
10