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HomeMy WebLinkAboutBIL 022 Draft 02 2022-2024 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2; ADDING A NEW ARTICLE TO CHAPTER 2; AND AMENDING CHAPTER 4, ARTICLES 2, 3, 4, AND 9, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO CREATE AN ANIMAL CONTROL AND PROTECTION AGENCY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Purpose. The purpose of this ordinance is to amend chapter 2 of the Hawai’i County Code and chapter 4 of the Hawai’i County Code to create an agency for the care and maintenance of impounded animals. For many years, the County contracted animal control services to non-profit organizations pursuant to chapter 4 of the Hawai‘i County Code and chapter 143 of the Hawai‘i Revised Statutes. In July 2021, the function of animal control was taken under the guidance of the Hawai‘i County police department pursuant to a pilot program. The Hawai‘i County police department has identified that the care and maintenance of impounded animals as required by chapter 143, Hawai‘i Revised Statutes and chapter 4 of the Hawai‘i County Code requires the oversight or operation of a dedicated agency. Section 143-7 Hawai‘i Revised Statutes and section 4-2-1 of the Hawai‘i County Code permit the council of each County to establish and maintain pounds for the impounding of dogs and for the appointment of animal control officers who shall have all the powers of a sheriff or police officer in carrying out Hawai‘i Revised Statutes chapter 143 and chapter 711 in relation to the protection of animals, and chapter 4 of the Hawai‘i County Code. Section 4-2-2 of the Hawai‘i County Code allows for such pounds to be under the direction, control, and administration of the County, which shall, in addition to the duties provided in section 4-2-1, feed and shelter the dogs, cats, and domesticated animals in their care pursuant to chapter 143, Hawai‘i Revised Statutes. Therefore, the County hereby creates the animal control and protection agency for the purpose of fulfilling the functions and requirements of Hawai‘i Revised Statutes chapter 143 and chapter 711 in relation to the protection of animals, and chapter 4 of the Hawai‘i County Code, and makes the necessary amendments to chapter 2 and chapter 4 for the implementation of said agency. SECTION 2. Chapter 2, article 2, section 2-7, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 2-7. Organization of executive branch. The executive branch of the County is organized into the following agencies/departments: (1) Agency and agency heads under direct supervision of the managing director: AGENCY AGENCY HEAD (A) Civil defense Civil defense administrator (B) Office of aging County executive on aging (C) Office of housing and community development Housing administrator (D) Mass transit Mass transit administrator (E) Animal Control and Protection……Animal control and protection administrator (2) Departments and heads under direct supervision of the managing director: DEPARTMENT DEPARTMENT HEAD (A) Office of management Managing director (B) Corporation counsel Corporation counsel (C) Department of finance Director of finance (D) Planning department Planning director (E) Department of environmental management Director of environmental management (F) Department of research and development Director of research and development (G) Department of public works Director of public works (H) Department of parks and recreation Parks and recreation director (I) Department of information technology Director of information technology (3) Departments and administrative heads under commissions and administrative supervision of the managing director: DEPARTMENT ADMINISTRATIVE HEAD (A) Department of human resources Director of human resources (B) Police department Chief of police (C) Department of liquor control Director, department of liquor control (D) Hawai‘i fire department Fire chief (E) Department of water supply Manager-chief engineer” SECTION 3. Chapter 2, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: “Article _. Animal Control and Protection Agency Section 2-___. Hawai‘i County animal control and protection agency established. An agency to be known as the Hawai‘i County animal control and protection agency (hereinafter “animal control and protection agency”) is created to provide for the establishment and maintenance County pounds and to provide animal control services in order to implement chapters, 142,143 and 711, Hawai’i Revised Statutes, relating to the protection of animals, and Chapter 4, Hawai’i County Code. Section 2-___. Agency organization. There shall be an animal control and protection administrator who shall be in the civil service and shall be recruited through civil service recruitment procedures based on merit. The animal control and protection agency shall consist of the animal control administrator and necessary staff. The animal control administrator shall oversee and supervise the operations of the animal control and protection agency. The animal control and protection administrator shall be under the direct supervision and control of the managing director. Section 2-___. Powers and duties of the animal control and protection administrator. The animal control administrator: (1) Shall have the direct responsibility for the administration and operation of County pounds, which services can be provided directly, jointly, or under contract with private entities; (2) Shall have the authority to staff the agency with necessary personnel to carry out the purposes of the agency; (3) May enter into agreements with Federal, State, or private entities to provide services as required by chapters, 142, 143 and 711, Hawai’i Revised Statutes, relating to the protection of animals, and chapter 4, Hawai’i County Code or to provide additional services or programs, as provided by law, with respect to the protection of animals; (4) Shall make periodic reports to the managing director concerning the affairs and activities of the agency, including pound operations; and (5) May adopt rules, pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for purposes of this article, including but not limited to rules relating to fees and charges relating to animal control costs. SECTION 4. Chapter 4, Article 2 of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Article 2. Dog, Cat, and Animal Pounds. Section 4-2-1. Pound established for dogs, cats, and [small] domesticated animals. [There may be established] The animal control and protection agency may establish pounds for the purpose of impounding, caring for, sheltering, and disposing of unlicensed, lost, stray, homeless, or diseased dogs, [for the destruction or other disposition of seized dogs, not redeemed, and for the sheltering and disposing of lost, stray, unclaimed, or diseased cats and other small domesticated animals in the districts of Ka‘ū, Hilo, Hāmākua, Puna, Kohala and Kona,] cats, or any seized animals not redeemed in the County of Hawai‘i. Section 4-2-2. Direction, control, and administration of pound. Each pound shall be under the direction, control and administration of the [County or a humane society with whom the County has contracted for services] animal control and protection agency which shall, in addition to the duties provided in section 4-2-1, feed and shelter the dogs, cats, and [small] domesticated animals in their care pursuant to chapter 143, Hawai‘i Revised Statutes. [The County may enter into contracts with more than one humane society to carry out the purposes of this chapter and chapter 143, Hawai‘i Revised Statutes.] Section 4-2-3. Power to seize and impound dogs, cats, and [small] domesticated animals. The County [or humane society with whom the County has contracted for services] animal control and protection agency shall be authorized to seize and impound any dog, cat, or other [small] domesticated animal, when such dog, cat, or other [small] domesticated animal is a stray, and to dispose of such dog, cat, or [small] domesticated animal in accordance with chapter 143, Hawai‘i Revised Statutes[.], as amended. Section 4-2-4. Enforcement by [humane] animal control officer. The [humane society with whom the County has contracted for services] animal control and protection agency may designate its employees who possess qualifications and training satisfactory to the County to serve as [humane] animal control officers to carry out the provisions of this article, chapter 143, Hawai‘i Revised Statutes, and other provisions of this chapter which expressly authorize such [humane] animal control officers to take specific action by ordinance. Section 4-2-5. Expenses and appropriations for the pound. All expenses of seizing, impounding, and disposing of [stray dogs, cats, and small domesticated stray animals,] stray animals, including dogs, cats, or domesticated animals, shall be borne by [the humane society with whom the County has contracted to provide such services. The council, however, shall from time to time make such appropriations to assist such humane society as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities which such humane society may be required to perform under this chapter.] the County. [Section 4-2-6. Agreement between County and humane society required. An agreement containing, but not limited to, the extent of services rendered or to be rendered by the humane society and methods of reporting and accounting shall be entered into between the society and the County before any payments may be made to the society under this chapter. Section 4-2-7. Quarterly report required. The humane society, individually, shall render a full report of its activities, budget, and operations relating to the impounding of stray dogs, cats, and other stray domesticated animals to the mayor and council within one month after the end of each quarter in each fiscal year. Section 4-2-8. Control of pound by humane society. Any humane society charged with the responsibility of operating a pound under a contract with the County shall have full and complete control over the administration, maintenance and operation of the pound, subject to the powers reserved to the County under any contract. Such society, or its employees, officers, directors and agents, shall not be viewed as an agent or employee of the County due to the County’s establishment and maintenance of controls to assure that public funds distributed to the society are being spent for public purposes. Section 4-2-9. Transfer of facilities and equipment to societies; reversion. (a) The County administration is authorized to transfer facilities, equipment, and supplies, which were assigned to pound operations, to the humane society for use in pound functions in accordance with section 6-6.3(k), Hawai‘i County Charter. The humane society shall not sell, exchange or dispose of the transferred facilities, equipment, and supplies without the written approval of the council. (b) Should any humane society cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of sixty days, such facilities, equipment and supplies transferred by the County for operation of the animal pound shall revert to the ownership and control of the County. (c) Should any humane society terminate its contract for services with the County for any reason, voluntarily or involuntarily, any equipment or supplies purchased by the society with contract funds shall revert to the ownership and control of the County. Section 4-2-10. Indemnification to County. The humane society with whom the County has contracted for services shall undertake to indemnify the County, its officers, agents, employees, and successors, from any and all liabilities, losses or damages the County, its officers, agents, employees, and successors may suffer as a result of claims, demands, costs, or judgments against it arising out of the establishment, maintenance, and operation of the pound, or the seizure, impoundment and disposition of dogs, cats and small domesticated animals, or any activity arising under the contract or this chapter.]” SECTION 5. Chapter 4, article 3, section 4-3-3, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 4-3-3. Duty upon striking animals, including dogs and cats. The driver of any vehicle which collides with or is involved in an accident with any animal, including dogs and cats, shall: Stop, move the animal off the road, if possible, and render aid where necessary, and immediately; and Have the animal’s owner located, or Notify the police department or [humane society.] animal control and protection agency. There shall be a penalty of not more than $50 for each violation of paragraph (2) or (3) of this section.” SECTION 6. Chapter 4, article 4, section 4-4-21, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 4-4-21. Seizure of dogs by officers. (a) Seizure of unlicensed dogs. Every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum period of forty-eight hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and an impoundment fee of $10. Every dog found without a registration tag affixed to the dog’s collar will be deemed to be unlicensed. If not so redeemed, the dog shall be sold by the officer for the amount of the license and impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be humanely destroyed. The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided in this section, may redeem the dog at any time before sale or destruction by paying to the [humane society,]animal control and protection agency, in addition to the amount of the license and impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid to the director of finance. (b) Seizure of licensed stray dogs. Every officer shall seize and impound any licensed stray dog. The officer shall notify the person to whom the license was issued, at the address given in the license certificate, and shall, upon demand made within forty-eight hours thereafter, release the dog to the person upon payment of an impoundment fee of $10. If no person lawfully entitled to the dog shall, within seven days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the [humane society.]animal control and protection agency. The owner of any licensed dog impounded and not claimed within forty-eight hours may redeem the dog at any time before the sale or destruction of the dog by paying to the [humane society,]animal control and protection agency, in addition to the $10 impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. All impoundment and kennel fees collected by the [humane society]animal control and protection agency in any given month shall be deposited by the [humane society]animal control and protection agency no later than the fifth day of the following month with the finance director to the credit of the County of Hawai‘i general fund account.” SECTION 7. Chapter 4, article 4, section 4-4-22, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 4-4-22. Seizure of stray dogs by persons other than officers. Every person other than an officer as defined hereinabove who takes into possession any stray dog shall within forty-eight hours notify the [humane society]animal control and protection agency and release the dog to the [humane society]animal control and protection agency to be impounded and disposed of according to section 4-4-21. There shall be a penalty of $10 for each violation of this section.” SECTION 8. Chapter 4, article 9, section 4-9-2, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows: “Section 4-9-2. Training; appointment; powers of [humane]animal control officer. Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawai‘i Revised Statutes, [a humane]an animal control officer shall be authorized to issue a complaint and summons or other form of citation as the [police chief] animal control and protection administrator may deem to be appropriate to enable [a humane] an animal control officer to carry out and to perform the duties of [a humane]an animal control officer under this chapter[ and any contract between the County and a humane society]. The [police chief]animal control and protection administrator shall verify that a person [designated by a humane society] to serve as [a humane]an animal control officer is qualified and trained to serve in that capacity. The [police chief]animal control and protection administrator shall be empowered to establish minimum requirements for qualification and training, which may be revised from time to time, provided that a copy thereof, and of any revisions, shall be kept on file with the [police chief’s]animal control and protection agency’s office thereof at all times. All County agencies, officers and employees shall render their cooperation and assistance to the [police chief]animal control and protection administrator for purposes of this subsection (b). [The police chief, upon]Upon verification of [a humane]an animal control officer’s qualification and training, the animal control and protection administrator or the administrator’s designee shall issue an oath of office and identification badge or insignia to the [humane]animal control officer. [(d) A humane officer’s appointment, power and authority shall be for a period of not more than two years unless the same is sooner terminated by the humane officer’s discharge as an employee of the humane society or discharge as a humane officer by the police chief. The police chief may terminate and discharge a humane officer’s appointment upon recommendation of the humane society of which the humane officer is an employee or upon a finding by the police chief that the humane officer has failed to comply with the minimum qualification and training requirements established for humane officers by the police chief. (e) No proceeding for the appointment, termination or discharge of humane officers shall be subject to laws governing civil service or public employees.]” SECTION 9. 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 10. 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 11. This ordinance shall take effect upon July 1, 2023.