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F' )r4 � r aiu,ah ials,Av�ivnals dor people
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Date: March 21, 2022
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To: Chair Maile Medeiros David
Vice Chair Aaron S.Y. Chung "
and Members of the Hawai'i County Council
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Submitted By: Steph Kendrick, Director of Community Engagement
Hawaiian Humane Society, 808-356-2217
RE: Testimony in support of Bill 125, Relating to Animals
Wednesday, March 23, 9 a.m., West Hawai'i Civic Center
Aloha Chair David,Vice Chair Chung and Council Members,
The Hawaiian Humane Society supports Bill 125, which amends and adds definitions
relating to injuries caused by Dangerous Dogs, revises penalties for those who are
convicted of negligent failure to control a Dangerous Dog, adds provisions for habitual
negligent failure to control a Dangerous Dog, and adds additional penalties for violations of
Dangerous Dogs regulations.
As the animal service provider for the City and County of Honolulu, the Hawaiian Humane
Society is acutely aware of the heartache and physical trauma that can result from dog
bites. We will be asking for changes to our own dog ordinances later this year with the goal
of better addressing these issues. We understand that the sponsor of Bill 125 worked
closely with animal control on the island to craft this measure. It is always good to see that
kind of collaboration.
Hawaiian Humane supports the intent of this bill and would like to offer the following
amendments:
We request that the definition of"Provocation" in Chapter 4 be amended to protect dogs
who might attack animals who stray onto their owners' property:
or i-ri. Nva.
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"ProvO[3tiDO" means that the attack hva dog upon @person Oranimal was precipitated
under circumstances reasonably expected to evoke a vicious response from the dog,
including, but not limited to, the following:
—
(4)The dog was attacked hvthe animal
Dogs who chase and even kill animals who enter their territory are not necessarily a danger
to people Oranimals when outside Oftheir territory.
ODpage 6' Section 1O0fthe bill, regarding negligent failure tOcontrol @dangerous dog, vve
will recommend removing the requirement 0feuthanasia 8s a penalty from subsection b.
Section 4-31.1 b)Aperson convicted under this subsection shall be guilty 0f8
misdemeanor and sentenced tOone O[ both Ofthe following procedures, terms and
conditions provided iOchapter 7OO, part ||, HaVV8i1Revised Statutes:
—
(4}
There are [O8Oy possible, mitigating circumstances when it comes to animals that in|Un2
other animals. And given that bodily injury to humans includes bruising, this [OU|d spell a
death sentence for animals who are hyper O[ clumsy, but not a public safety threat. The
courts already have the discretion tOorder euthanasia ifthey feel itiSappropriate. Making
it3requirement inall cases could actually dissuade the courts from handing down 8guilty
verdict 8tall. |Dour experience,judgesare reluctant tOorder animals killed.
On page 7. Section 130fthe bill, regarding additional penalties, vV2will recommend
removing(b)(10) requiring liability insurance and (b)(1 1) requiring euthanasia.
The liability insurance requirement is an equity issue and the trend nationally is to remove
financial barriers to complying with the law. We will be asking for the removal of that
provision on O'ahu as well when we propose changes to our own dog ordinances.
The penalties section is predicated on the court not having ordered the destruction of the
dog, SO /h\(11) doesn't seem t0fit here.
|[reSpOD5ih|e dog owners and the toll their actions take OOour communities is
heartbreaking for those of us in animal welfare. It is terrible to see children, other animals
or anyone else injured. AnditiSUpSettingtnSee8OiDl3l5pGythe price for abuse,
callousness and irresponsibility Onthe part Ofhuman beings.
We appreciate the Council's thoughtful approach to this tough issue. We ask the Council to
pass Bill 1265with the suggested amendments. Mah8|Ofor your consideration.