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HomeMy WebLinkAboutREP PCHSW 011 2024/03/19 (2022-2024) REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY,AND WELL-BEING DATE: March 19, 2024 Re: Comm.No. 763/Bill No. 139 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 1:16 p.m. Council Chair and Members Hawai`i County Council Hilo,Hawai`i 96720 Your Policy Committee on Health, Safety, and Well-being,to which was referred Bill No. 139, reports as follows: Bill No. 139,transmitted by Heather Kimball, Council Member for District 1,via Communication No. 763 dated February 23, 2024, amends 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. This bill adds the definition for"Police officer"; repeals definitions for"County animal control service" and"Enforcement officer"; amends definitions for"Animal control officer", "Animals", and "Poultry"; and makes other revisions intended to clarify existing provisions. Member Kimball said that this bill is intentionally not meant to get into deeper policy issues around the topic of animal control but instead,this bill is just meant to clarify the definitions section to consistently apply the words being used. An example she provided is that animal control officers are not able to arrest but police officers are. She added that 4-4-34 is the only substantive change, in which currently the Code states that impounding expenses are to be borne by the dog owners, but the Animal Control Agency wants to give some flexibility in regards to determining when and which expenses are to be borne by the dog owners and will outline criteria in their rules instead. Committee Members Cindy Evans, Matt Kaneali`i-Kleinfelder, and Holeka Inaba all had questions about the proposed changes to definitions as well as who has the authority to slay a dangerous dog. Member Kimball clarified further that language regarding deputizing in the field, as what the Humane Society used to do, is not something the Animal Control Agency does, so that language is not needed any more. Member Kimball further explained that the distinction between when the terms Animal Control Officer versus Police Officer were used needed to be split apart and the proper language needed to be used in the proper areas based on the recommendations of Corporation Counsel. Deputy Corporation Counsel Suzanna Tiapula explained that the arrest of a person would be the responsibility of a police officer, but any activity regarding an animal could be by both the police or the animal control officer. Member Kaneali`i-Kleinfelder wanted further explanation regarding whether this language prohibits nonprofits from being involved in prevention or enforcement actions. PCHSW Report No. 11 PCHSW-11 Page 2 March 19,2024 Deputy Tiapula clarified that it would only be applying to animal control officers who are County employees. She added that the liability of the County is too much to work with nonprofits in that capacity. Animal Control Agency Administrator Matthew Runnells clarified that this bill is to provide better details for his agency,the public, and police. He said that these changes create clear boundaries of who is in charge of animal control issues. Member Kaneali`i-Kleinfelder asked again if the County foresees other nonprofits helping with enforcement actions in the future. Administrator Runnells said no,that would be confusing to the public, and hard to understand how those are being trained or overseen. Mr. Kaneali`i-Kleinfelder also asked in a dangerous dog situation, which agency shows up first?Administrator Runnells said that depends on who gets there first, but animal control officers typically take a back seat when an investigation is occurring by the police. Committee Member Michelle Galimba said that there is language in Section 4-4-31(b)regarding who can slay a dog that is attacking livestock, but livestock is not defined in the chapter, however, both poultry and farm animals are,but then not mentioned again. Committee Chair Jenn Kagiwada had questions around definitions being included for the words fierce and vicious as well as whether the Agency needs to wait until a dog attacks someone before an action can be taken. Member Kimball mentioned that vicious and dangerous dogs are defined as animals that place someone in imminent danger of an attack but doesn't necessitate that an attack occurred. Fierce is not defined within the chapter, and just goes back to its common language definition. Deputy Tiapula added that as fierce is not defined,they would reference the language around dangerous and vicious first when applying an ordinance. Administrator Runnells said that as far as animals that may not have actually attacked anyone,they would then be making a decision based on observed behavior or opinion and that is challenging. He added that stray animals that get picked up that do display dangerous behavior typically end up getting put down. He also said that they do have an evaluation process regarding whether or not animals are adoptable but did not explain further. Your Policy Committee on Health, Safety, and Well-being, is in accord with the purpose and intent of Bill 139, and recommends its passage on first reading. sm AYES NOES ABS EX Respectfully submitted, EVANS X GALIMBA x POLICY COMMITTEE ON HEALTH, INABA x SAFETY,AND WELL-BEING KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL x JE KAG A, CHAIR LEE LOY X PCHSW REPORT NO.: 11 VILLEGAS X ADOPTED: APR 0 3 2024