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`'' `"�'` '`' STATE OF HAWAII
COUNTY OF HAWAII � --�--�
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BILL NO. 22
(DRAFT 3)
ORDINANCE NO. 23 33
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 HAWAII 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 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 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"
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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.
(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, 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.
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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, [ : - :- •:- : -- :• :: • ": - : . -:
Puna, Kohala and Kona,] cats, or any seized animals not redeemed in the County of
Hawaii.
ISI
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, Hawaii 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, Hawaii Revised Statutes.]
Section 4-2-3. Power to seize and impound dogs, cats, and [small] domesticated
animals.
The County [; - . . ..• - . ; - - ;. . . -:
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
StatutesH, as amended.
Section 4-2-4. Enforcement by [humane] animal control officer.
The [- . - . -- ; •- ..• - .. ; - - -- - . . -: •• - ] 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.
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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
judgment shall be deemed to be necessary to accomplish the responsibilities which
- - . . - . - - .' : ; ;- : --- . : - . ; - .] the County.
. . . . . .. • . . . . .. . . . . .•. • . .
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.
. • .
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
ach quarter in each fiscal year.
Any humane society charged with the responsibility of operating a pound
under a contract with the County shall ha• - . -: : -- . - - . - . . •- -
..•- . •. . . . •. .. . -
•
•
- . . . . - . . . r • - .. ..
to the County's establishment and maintenance of controls to assure that public
funds distributed to the society are being spent for public purposes.
(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
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
(c) Should any humane society terminate its contract for services with the County
for any reason, voluntarily or involuntarily, any equipment or supplies
control of the County.
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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,
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
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:
(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 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.
(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 society,]animal
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 [humane society.]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 [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.
(5) 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.
(a) 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.
(b) 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 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), 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 animal control and
protection administrator may deem to be appropriate to enable [a humane] an animal
7
control officer to carry out and to perform the duties of[a humano]an animal control
officer under this chapter[ and any contract between the County and a humane society].
(b) The [p animal control and protection administrator shall verify that a person
[designated by a humane society] to serve as [a humanc]an animal control officer is
qualified and trained to serve in that capacity. The [p 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 chie ]animal
control and protection administrator for purposes of this subsection(b).
(c) [The police chief, upon]Upon verification of[a humanc]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 [hurnarie]animal control officer.
[ : A • --•. - - ' . ---.- -- , -- • A . -: . • -; -• ;- ; . ;- :: ; ; ; -
chief. The police chief may terminate and discharge a humane officer's appointment
humane officers by the police chief.
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.
INTRODUCED BY:
d �;
Co( "46/1/4—( 14"
CIL MEMBE , COUNTY OF HAWAII
COUNCIL ME ER, COUNTY OF HAWAI I
Hilo , Hawai`i
Date of Introduction: February 22, 2023
Date of 1st Reading: February 22, 2023
Date of 2nd Reading: March 8, 2023_--
Effective Date: July 1, 2023
REFERENCE Comm. 91.77
9
OFFICE OF THE COUNTY CLERK COUNT ke
County of Hawai`i A-o-t ►x P.++ OF { ;, A
Hilo, Hawai`i
(Draft 2) 7073 MAR 31 AM I: 20
Introduced By: Heather L. Kimball and ROLL CALL VOTE
Cindy Evans AYES NOES ABS EX
Date Introduced: February 22, 2023 Evans X
First Reading: February 22, 2023 Galimba X
Published: March 3 , 2023 Inaba X
Kagiwada X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
7 0 2 0
Second Reading: March 8, 2023
(Draft 3)
To Mayor: March 23, 2023 ROLL CALL VOTE
Returned: March 31, 2023
AYES NOES ABS EX
Effective: July 1, 2023
Published: April 14,. 2023 Evans X
Galimba X
REMARKS:
Inaba X
Kagiwada X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
H- -I
�`� COUNCIL CHAIRP RS'ON
..rov! Iisapproved this day
of w,6 , 20 a3 COUNTY CLERK
Bill No.: 22 (Draft 3)
MAYOR, COUNTY OF HAWAII C-91.39/GOEAC-19
Reference:
Ord No.: 23 33