Loading...
HomeMy WebLinkAboutCOM 0712.020 2022-2024Jennifer Kagiwada Council Men7ber District 2 South Hilo Office: (808).961-82 72 jennifer. kagiwa61a@,hawaiicoumy. gov HAWAPI COUNTY COUNCIL - DISTRICT 2 25 Aupuni Street Hilo, Hawaii 96720 Date: February 12, 2024 To: Heather L. Kimball, Council Chair and Members of the Hawaii County Council From: ;tennifcr Kagiwada, Council Member Council District 2, South Hilo Re: Proposed Amendments to Resolution No. 430-24; A Resolution Urging The Hawaii State Legislature To Amend Chapter 142, Hawaii Revised Statutes, To Provide For Greater Public Safety Against The Risk Of Damage, Injury, And Death Posed By Dangerous Dogs By Increasing Enforcement And Penalties Against Owners Of Such Dogs. Please see below proposed amendments to Resolution No. 430-24. The proposed amendments are shown in Ramseyer format with respect to the contents of Resolution No. 430-24; material to be deleted is bracketed and stricken, and material to be inserted is underscored. A copy of the draft of this resolution that would result if these proposed amendments were adopted is attached. The eighth WHEREAS clause is amended to read as follows: "WHEREAS, the Hawaii State Legislature is currently considering multiple bills, such as S.B. 2692 and H.B. 2058, [whie ] that would establish requirements and penalties for dog owners that allow their dogs to injure or kill other animals or people; now, therefore," 2. The first enacting clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that this body hereby urges the Hawaii State Legislature to amend Chapter 142, Hawaii Revised Statutes, to set and increase fines, penalties, and other regulations as prescribed in Ordinance No. 22-36, including providing that owners convicted under the law be found guilty of a class C felony for a dog attack that results in substantial bodily injury to a person, or a class B felony if the attack results in death." Comm. No.111-10 Ref. To: 111cl I Ref. Date FEB 2 � 2,r),;",i, Hawai'i County Is An Equal Opportunity Provider And Employer February 12, 2024 Page 2 3. The second enacting clause is amended to read as follows: "BE IT FURTHER RESOLVED that the Council supports the intent of S.B. 2692 and H.B. 2058 and urges the legislature to consider [the bill] these bills and other similar measures as [a vehiele] potential vehicles to bring about much -needed changes to State law in an effort to prevent any more injury, damage, or death caused by dangerous dogs." 4. The final enacting clause is amended to read as follows: "BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Joshua Green, M.D., Governor of the State of Hawaii; the Honorable Ronald D. Kouchi, President of the Hawaii Senate; the Honorable Scott K. Saiki, Speaker of the Hawaii House of Representatives; the Honorable members of the flawai'i Island delegation to the Hawaii State Legislature; the Honorable Mitchell D. Roth, Mayor of the County of Hawaii; the Honorable Kelden Walijen, Prosecuting Attorney[ --,-awl] of the County of Hawaii; Benjamin Moszkowicz, Chief of Police[-.] of the County of Hawaii; the Honorable Thomas Waters, Chair of the Council of the City an County of Honolulu; the Honorable Alice L. Lee, Chair of the Council of the County o Maui; the Honorable Melvin Rapozo, Chair of the Council of the County of Kauai; the Honorable Steven S. Alm, Prosecuting Attorney of the City and County of Honolulu; the Honorable Rebecca V. Like, Prosecuting Attorney of the County of Kaua'i, and Andrew H. Martin, Prosecuting Attorney of the County of Maui." Thank you. JLK:slm Att. February 12, 2024 Page 3 A RESOLUTION URGING THE HAWAI'I STATE LEGISLATURE TO AMEND CHAPTER 142, HAWAI'I REVISED STATUTES, TO PROVIDE FOR GREATER PUBLIC SAFETY AGAINST THE RISK OF DAMAGE, INJURY, AND DEATH POSED BY DANGEROUS DOGS BY INCREASING ENFORCEMENT AND PENALTIES AGAINST OWNERS OF SUCH DOGS. WHEREAS, the American Veterinary Medical Association considers dog attacks to be a serious health risk to our society that is almost entirely preventable through public education and properly enforced measures by owners to keep dogs humanely restrained and secured; and WHEREAS, Hawaii County residents and their animals have recently been subjected to a number of vicious attacks by dogs, causing severe injuries and ultimately resulting in the deaths of persons and animals that were attacked; and WHEREAS, on April 6"', 2022, in response to these recurring attacks, the Council of the County of Hawaii ("the Council") unanimously passed Bill No. 125, Draft 2, which was signed into law as Ordinance No. 22-3 6 by Mayor Mitchell Roth on April 2 1 ", 2022; and WHEREAS, Ordinance No. 22-36 provided additional provisions to regulate persons who own, harbor, or keep any dog that has bitten, injured, maimed, or killed a person or injured, maimed, or destroyed an animal belonging to another person; and WHEREAS, dog attacks have continued to occur since the enactment of this legislation, demonstrating the need for stronger laws, penalties, and enforcement relating to dangerous dogs; and WHEREAS, inconsistencies in State and County laws regarding dangerous dogs have made it unclear which laws are enforceable to hold dog owners accountable; and WHEREAS, the problem of dangerous dogs is not unique to flawai'i County, and the Hawaii State Association of Counties recognized this issue as the number one legislative priority for its 2024 legislative package; and WHEREAS, the Hawaii State Legislature is currently considering multiple bills, such as S.B. 2692 and H.B. 2058, that would establish requirements and penalties for dog owners that allow their dogs to injure or kill other animals or people; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that this body hereby urges the Hawaii State Legislature to amend Chapter 142, Hawaii Revised Statutes, to set and increase fines, penalties, and other regulations as prescribed in Ordinance No. 22-36, including providing that owners convicted under the law be found guilty of a class C felony for a dog attack that results in substantial bodily injury to a person, or a class B felony if the attack results in death. February 12, 2024 Page 4 BE IT FURTHER RESOLVED that the Council supports the intent of S.B. 2692 and H.B. 2058 and urges the legislature to consider these bills and other similar measures as potential vehicles to bring about much -needed changes to State law in an effort to prevent any more injury, damage, or death caused by dangerous dogs. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Joshua Green, M.D., Governor of the State of Hawaii; the Honorable Ronald D. Kouchi, President of the Hawaii Senate; the Honorable Scott K. Saiki, Speaker of the Hawaii House of Representatives; the Honorable members of the Hawaii Island delegation to the Hawaii State Legislature; the Honorable Mitchell D. Roth, Mayor of the County of Hawaii; the Honorable Kelden Waltien, Prosecuting Attorney of the County of Hawaii; Benjamin Moszkowicz, Chief of Police of the County of Hawaii; the Honorable Thomas Waters, Chair of the Council of the City and County of Honolulu; the Honorable Alice L. Lee, Chair of the Council of the County of Maui; the Honorable Melvin Rapozo, Chair of the Council of the County of Kaua'i; thellonorable Steven S. Alm, Prosecuting Attorney of the City and County of Honolulu; the Honorable Rebecca V. Like, Prosecuting Attorney of the County of Kaua'i; and Andrew H. Martin, Prosecuting Attorney of the County of Maui.