HomeMy WebLinkAboutCOM 0642.005 2020-2022 Ashley L.Kierkiewicz Office: 808 961-8265
Council Member " yl, ; Fax:(808)961-8912
District 4 Puna « ashley.kierkiewicz@hawaiicounty.gov
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COUNCILHAWAPI COUNTY
Hawaii County Building
25 Aupuni Street ® Hilo,Hawaii 96720
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TO: Maile Medeiros David, Council Chair
and Members of the Hawaii County Council
FROM: Ashley L. Kierkiewicz, Council Member
DATE: March 21, 2022
SUBJECT: Amendment to Bill No. 125; AN ORDINANCE AMENDING CHAPTER 4, OF
THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO ANIMALS.
Please see below two proposed amendments to Bill No. 125. The proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 125 (material to be
removed is bracketed and stricken and new material is underscored).
1. Subsections 4-31(e)through(e) contained in SECTION 7 of Bill No. 125, on page 5 of the
bill, would be amended as follows:
"(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, Hawaii
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;
(2) A period 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, Hawaii Revised Statutes;
Serving the Interests of the People of Our Island Comm. PV o
Hawai`i County is an Equal Opportunity Provider and Employe Ref. To:I 1W
Ref. Date MAR 2 3 2022
(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 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,
Hawaii 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."
2. Subsection 4-31.2(a), contained in SECTION 9 of Bill No. 125, on page 6 of the bill,
would be amended as follows:
"(a) Upon finding probable cause to believe that there has been a violation of 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[...] until: (l)the
Court orders that the dog be humanelydestroyed estroyed or returned to the owner, or; (2)a
criminal case arising out of the violation of section 4-31 or 4-3 1 1 is dismissed
whichever comes first. Such impoundment may be at the premises of a licensed
veterinarian, a County animal control facilitL or at a commercial kennel. All expenses
incurred by the County relating to the care and custody of the dog shall be borne by the
owner regardless of whether the alleged offense results in a conviction pursuant to the
provisions of chapter 4."
If the proposed amendments are adopted:
1. Subsections 4-31(c)through(e) contained in SECTION 7 of Bill No. 125, on page 5 of the
bill, would read as follows:
"(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)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, Hawaii
Revised Statutes; or
(3) Restitution to any individual who has suffered bodily injury or propertX
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 guiltX
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•
(2) A period 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, Hawaii 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 begg_ilty
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 W to eighteen months of imprisonment in accordance with
the procedures, terms and conditions provided in chapter 706,part II,
Hawaii 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 destroy"
2. Subsection 4-31.2(a), contained in SECTION 9 of Bill No. 125, on page 6 of the bill, would
read as follows:
"(a) Upon finding probable cause to believe that there has been a violation of[seefie
4-341 0] 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 [pursuant to section 4 3 11, an
enforcement officer shall have the dog seized and impounded [ifs the dog is
1111113Y311. G11Z
t t �at to ht ., bo r to of a animals] until: (1) the
111
Court orders that the dog be humanelydestroyed estroyed or returned to the owner,or; (2)
a criminal case arising out of the violation of section 4-31 or 4-31.1 is dismissed,
whichever comes first. Such impoundment may be at the premises of a licensed
veterinarian, a County animal control facility, or at a commercial kennel. All
expenses incurred by the County relating to the care and custody [of the beafdi
and retention] of the dog shall be borne by the owner[...] regardless of whether the
alleged offense results in a conviction pursuant to the provisions of chapter 4."
Due to the limited scope of this amendment, a draft copy of Bill No. 125, Draft 2, in its entirety,
that would result if this proposed amendment is adopted is not included.
Mahalo.
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