HomeMy WebLinkAboutBIL 022 Draft 03 2022-2024 i
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COUNTY OF HAWAVI STATE OF HAWAVI
ATF OF,NA�F
ILL NO. 22
(DRIB r 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 2; ADDING A NEW ARTICLE
TO CHAPTER 2; AND AMENDING CHAPTER 4, ARTICLES 2,3, 4,AND 99
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), T
CREATE AN ANIMAL CONTROL AND PROTECTION AGENCY.
E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 Hawaii County Code and chapter 143 of the
Hawaii Revised Statutes. In July 2021, the function of animal control was taken under the
guidance of the Hawaii County police department pursuant to a pilot program. The Hawaii
County police department has identified that the care and maintenance of impounded animals as
required by chapter 143, Hawaii Revised Statutes and chapter 4 of the Hawaii County Code
requires the oversight or operation of a dedicated agency. Section 143-7 Hawaii Revised
Statutes and section 4-2-1 of the Hawaii 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
Hawaii Revised Statutes chapter 143 and chapter 711 in relation to the protection of animals,
and chapter 4 of the Hawaii County Code. Section 4-2-2 of the Hawaii 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, Hawaii Revised Statutes.
Therefore,the County hereby creates the animal control and protection agency for the
purpose of fulfilling the functions and requirements of Hawaii Revised Statutes chapter 143 and
chapter 711 in relation to the protection of animals, and chapter 4 of the Hawaii 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 Hawaii 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
(1) 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) Hawaii fire department .........................................................................Fire chief
(E) Department of water supply.......................................... Manager-chief engineer"
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SECTION 3. Chapter 2, of the Hawaii County Code 1983 (2016 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
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"Article_. Animal Control and Protection Agency
Section 2-_ Hawai'i County animal control and protection agency
established.
An agency to be known as the Hawaii 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, Hawaii Revised Statutes,
relating to the protection of animals, and Chapter 4, Hawai'i County Code.
Section 2 Agency organization.
(a) 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.
(b) 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.
(c) 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;
(5) Shall make bi-annual reports to the County council concerning the affairs and
activities of the agency, including pound operations; and
(6) May adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, necessary for
purposes of this article, including but not limited to rules relating to fees and
charges relating to animal control costs.
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SECTION 4. Chapter 4, Article 2 of the Hawaii 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.
[Thele 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, [fof the destf,etion of athe. ,a:---+;n,, nrso;Zodogs, not redeemed, a-ad faf the sheltefing and disposing of a
lost, a
diseased eats and othef small damestieated annnals in the distfiets of C-
3 Hilo, ,
D,..,, u„.,,,'a and Kona,] cats, or any seized animals not redeemed in the County of
Hawaii.
Section 4-2-2. Direction, control, and administration of pound.
Each pound shall be under the direction, control and administration of the
[County of a humane seeiety with whom the Getmty has contracted for ser-viees]
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 [sni-all] domesticated animals in
their care pursuant to chapter 143, Hawaii Revised Statutes. [The (`f,,,nty may ori+o„
into eantfaets with more than one humafle seeiety to eaffy atA the purposes of this
Section 4-2-3. Power to seize and impound dogs, cats, and [small] domesticated
animals.
The County [of hiif a-ne n iety with wh,,,,., the Gauftty has , ri+,,aete,a rn
s♦ es] 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, Hawaii Revised
Statutes[.-], as amended.
Section 4-2-4. Enforcement by [hummw] animal control officer.
The [humane society with.,het the r .,+.,h eanifaeted faservices] 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, Hawaii Revised Statutes, and other provisions of
this chapter which expressly authorize such [lmthmaffe] animal control officers to take
specific action by ordinance.
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Section -2-5. Expenses and appropriations for the pound.
All expenses of seizing, impounding.,and disposing of[n+fay dogs, eats an
small damestieated stfa , a4s,] stray animals, including dogs, eats, or
domesticated animals, shall be borne by [+'he'.^~�l. — n +tI ;+�LI.-1,^t,., +"- r,,,,,, y
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shall ffem fiffle to
] the County.
[Seetion 4-2-6. Agreement between Count- and —p-4— --.—A
An agfeement 5 9
to be feiidefed by the humane soeiety and methods of fepefting a-Rd aeeaufAing shall
nae to then ety undef this nl-aptef
C nnFinva
A_1_17. llvvnw4�nwlsr w in required.
The humane > individually, 5
budget, 3 eats,
domestieated anifnals to the mayof and eotineil within one month after-the end o
en
Seetion 4 2 8. Control of pound by humane society-.
undef a eontfaet with the Counly shall have full and eemplete eofttfel ovef t
administfa4ian3 ffiait4effa-nee and apefation of the pound,
3 of its employees, 5
agents,difeetefs and
shall not be viewed as aft ageftt of employee of the County dueto the 3
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and-
7equipment,
5 w-hieh wefe assigned to pound 3
Chaftef. The huynane seeiety shall not sell, exehange of dispose of the
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the
(b) Should any humane seeiety eease to opefate of use stieh 5
days, stieh
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eqtfipffient end supplies tfansfeffed by the County faf opefation of the ani
pati1 d shall l t rot.+ +„ the ovffiefship and , ntr-.l of the County-
(e)
7o, my
fef any 5volunlafily or- 3
any equipmepA of supplies
pufehased by the seeiety with eafftfaet funds shall feveft to the owner-ship a
eent-r-ol of the Couffty.
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S..v.ivn z 2-10.
The humane seeiet- the County has eon, d far sefviees shall
undeftake to indemnify the > ,
, itsemplayees >
9 9 costs,
pound,the of the 4
animals, impoundme.flA and A--sition of dogs --A -11
demestiealed of any aetivity afising unddef the
]"
SECTION 5. Chapter 4, article 3, section 4-3-3, of the Hawaii 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:
(1) Stop, move the animal off the road, if possible, and render aid where
necessary, and immediately, and
(2) Have the animal's owner located, or
(3) Notify the police department or [humane so 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 Hawaii 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.
(1) 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.
(2) 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.
(3) 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 seeietyflanimal
control and protection agency, in addition to the amount of the license and
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impoundment fee, the sum of$5 per day for the number of days over two
days the dog was impounded.
(4) 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.
(1) Every officer shall seize and impound any licensed stray dog.
(2) 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.
(3) 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 [hth- ane see ]animal control and protection agency.
(4) 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 [1.,,,,.,. e see,e .,,]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.
(5) All impoundment and kennel fees collected by the [humane
seeiety]animal control and protection a ency in any given month shall be
deposited by the [htht ane seeanimal 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 Hawaii general fund account."
SECTION 7. Chapter 4, article 4, section 4-4-22, of the Hawaii 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.
(a) Every person other than an officer as defined hereinabove who takes into
possession any stray dog shall within forty-eight hours notify the [tth�nune
seeiety]animal control and protection agency and release the dog to the [ane
seeiety]animal control and protection agency to be impounded and disposed of
according to section 4-4-21.
(b) There shall be a penalty of$10 for each violation of this section."
SECTION S. Chapter 4, article 9, section 4-9-2, of the Hawaii 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.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised
Statutes, [a huniane]an animal control officer shall be authorized to issue a complaint
and summons or other form of citation as the [peliee fl, animal control and
protection administrator may deem to be appropriate to enable [humane] an animal
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control officer to carry out and to perform the duties of[a-humane]an animal control
officer under this chapter[ ].
(b) The [pel ef'�animal control and protection administrator shall verify that a person
[designated by ^ humane society] to serve as [a4iu =rane]an animal control officer is
qualified and trained to serve in that capacity. The �ri hi��animal control and
protection administrator shall be empowered to establish minimum requirements for a
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 [pol ee ehief!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 [n�'iee ehi-eflanimal
control and protection administrator for purposes of this subsection (b).
(c) [The p^'�^a e'..ar „riO ]Upon verification of[htffnaaze]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.
[ '
as afl employee of the humane society of discharge as a humane offleef by the poliee
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appointment,employee of upon a finding by the police ehief that the humane offieer-has failed to
(e)No pfeeeeding fef the termination or discharge of humane officers shall be
"
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.
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SECTION 11. This ordinance shall take effect upon July 1, 2023.
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INTRODUCED BY:
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CO CIL MEMBER, COUNTY OF HAWAII
COUNCIL ME ER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 91.77
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