HomeMy WebLinkAboutBIL 139 Draft 01 2022-2024 •
COUNTY OF HAWAII -- _ : STATE OF HAWAII
7TE 0•F•H,i _.
BILL NO. 139
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4,ARTICLE 1, SECTION 4-1-1; ARTICLE
2, SECTION 4-2-4; AND ARTICLE 4, SECTIONS 4-4-31, 4-4-34, AND 4-4-35, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE
ANIMAL CONTROL AND PROTECTION AGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 4, article 1, section 4-1-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending the definitions of"Animal control officer",
"Animals", and"Poultry"to read as follows:
""Animal control officer"means any employee of[a County contracted animal control
services provider or the Hawai`i County Police Department] the County animal control
and protection agency, who is authorized to carry out and enforce the provisions of this
chapter. [Such individual shall also be known as and may bear the title of"humane
officer".]
"Animals,"unless provided otherwise, include but are not limited to those animals that
are customary and usual pets such as dogs, cats, rabbits, birds, honeybees and other
beasts which are maintained on the premises of a dwelling unit and kept by the resident
of a dwelling unit solely for personal enjoyment and companionship, such as, without
limitation, for a hobby, for legal sporting activities and for guarding of property;
animals exclude aviary game birds and fish as defined in Hawai`i Revised
Statutes. [Animal shall further mean any "animal," "farm animal,"or"poultry" as
those ter„ s e .7ef;ned; e tie n 3 i.]
"Poultry"means fowl that are not regulated by state law, including chickens, pigeons,
turkeys, geese, ducks, and peacocks [not regulated by state law]."
SECTION 2. Chapter 4, article 1, section 4-1-1, of the Hawai`i County Code 1983 (2016 Edition,
as amended), is amended by adding a new definition to be appropriately inserted and to read as follows:
'Police officer"means a sworn officer of the police department, charged with the
enforcement of County and State laws."
SECTION 3. Chapter 4, article 1, section 4-1-1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by repealing the definitions of"County animal control
service" and "Enforcement officer".
"["County animal control service"means the animal control services provider
contracted by the County to keep stray or unlicensed dogs.]
["Enforcement officer" means any person authorized and designated to enforce the
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Department may arrest a person pursuant to the provisions of this article.]"
SECTION 4. Chapter 4, article 2, section 4-2-4, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 4-2-4. Enforcement by animal control officer.
The animal control and protection agency may designate [its employees] persons who
possess qualifications and training satisfactory to the County to serve as 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 animal control officers to
take specific action by ordinance."
SECTION 5. Chapter 4, article 4, section 4-4-31, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 4-4-31. Dangerous dogs may be slain.
(a) If any dangerous, fierce, or vicious dog shall be found running at large and cannot be
taken up or tranquilized and impounded, such dog may be slain by any animal control
officer [ ].
(b) Notwithstanding any provision to the contrary which may be found elsewhere in this
chapter, where livestock have been killed, maimed or injured by any dangerous, fierce
or vicious stray dog, the owner of such livestock or the owner's agent, [after being
,] may
take any action necessary to protect the owner's livestock from such dangerous, fierce,
or vicious dog, including, without limitation, slaying or otherwise disposing of the
same."
SECTION 6. Chapter 4, article 4, section 4-4-34, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended by amending subsection (a) to read as follows:
"(a) Upon finding probable cause to believe that there has been a violation of sections 4-4-
32 or 4-4-33, [an enforcement] a police officer may arrest or issue a summons and
citation to the dog's owner, or both. In addition to arresting or issuing a summons and
citation to the owner, [an enforcement] a police officer shall have the dog seized and
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impounded by animal control officers until: (1) the Court orders that the dog be
humanely destroyed or returned to the owner, or; (2) a criminal case arising out of the
violation of section 4-4-32 or 4-4-33 is dismissed, whichever comes first. Such
impoundment may be at the premises of a licensed veterinarian, a County animal
control facility, or at a commercial kennel. [All] Medical and impound expenses
incurred by the County relating to the care and custody of the dog [shall] may be
[ e] collected from the owner [regardless of whether the alleged offense
results in a conviction pursuant to the provisions of chapter 4.], with waiver of
expenses permitted based upon criteria outlined in the animal control and protection
agency's administrative rules."
SECTION 7. Chapter 4, article 4, section 4-4-35, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending subsection(a)to read as follows:
"(a) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall
also be sentenced to the following provisions, in addition to the provisions of sections
4-4-32 and 4-4-33:
(1) The owner shall provide the owner's name, address, and telephone number to the
County animal control [service;] and protection agency;
(2) The owner shall provide the location at which the dog is currently kept, if such
location is not the owner's address;
(3) The owner shall promptly notify the [appropriate] animal control [service] and
protection agency of:
(A) Any changes in the ownership of the dog or the location of the dog along with
the names, addresses, and telephone numbers of new owners or the new
address at which the dog is located;
(B) Any further instances of an attack by the dog upon a person or an animal;
(C) Any claims made or lawsuits brought as a result of further instances of an
attack by the dog; or
(D) The death of the dog.
(4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawai`i
Revised Statutes, if the dog is not currently licensed; and
(5) Unless already identified by microchip, the dog shall be permanently identified, at
the owner's expense, by injecting into the dog an identification microchip using
standard veterinary procedures and practices. The microchip identification number
of the dog shall be provided to the County animal control [service.] and protection
agency.
SECTION 8. Chapter 4, article 4, section 4-4-35, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending subsection (d) to read as follows:
"(d) Upon probable cause, [an enforcement] a police officer may either arrest or issue a
summons and citation to the owner for violation of subsection(a)."
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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 declared to be severable.
SECTION 11. This ordinance shall take effect upon its approval.
INTRODUCED BY:
UNCIL MEN BER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
763
REFERENCE Comm.
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