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Home My WebLink AboutORD 2024-026 2022-2024 4((' 1 ' =4 -'. COUNTY OF HAWAI`I :. - _ : STATE OF HAWAI`I • 4TF OF�NF'•� ' BILL NO. 139 (DRAFT 2) ORDINANCE NO. 24 26 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 HAWAI`I: 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 b ar 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 ti af a t;on 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 Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding the following definitions to be appropriately inserted and to read as follows: ""Livestock"means all animals generally associated with farming, which are raised or kept for food and other agricultural purposes. Such animals include: swine; cattle; horses; goats; sheep; chickens, ducks, geese, turkey, and other poultry; rabbits; and bees." '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-effcer"„, rson authorized and designated to enforce the provisions of this article; however, only an officer of the Hawaii County Police Department may arrest a person pursuant to the provisions of this article.]" SECTION 4. Chapter 4, article 2, section 4-2-4, of the Hawaii 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 [or agent authorized to perform any duty under this chapter]. (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." 2 SECTION 6. Chapter 4, article 4, section 4-4-34, of the Hawai`i 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 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 [borne the] 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. 3 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)." 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: : CIL MEM R, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: April 3, 2024 Date of 1st Reading: April 3, 2024 Date of 2nd Reading: April 17, 2024 Effective Date: May 1, 2024 REFERENCE Comm. 763.11 4 CLERK OFFICE OF THE COUNTY CLERK COUNTY OFH Aw'County of Hawai`i CoUN; Kona, Hawaii MI MAY -3 AM 1 . 0 6 (Draft 2) Introduced By: Heather L. Kimball ROLL CALL VOTE Date Introduced: April 3 , 2024 AYES NOES ABS EX First Reading: Apri 1 3 , 2024 Evans X Published: April 12, 2024 Galimba X Inaba X REMARKS. Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X Second Reading: April 17, 2024 7 0 2 0 To Mayor: April 26, 2024 Returned: May 3, 2024 ROLL CALL VOTE Effective: May 1, 2024 May24, 2024 AYES NOES ABS EX Published: Evans X REMARKS: Galimba X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 6 0 3 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. jLJeEf UNCIL CHAIRPERSON S Approved/ isapproved this day of , 20 2 2— . COUNTY CLERK Bill No.: 139 (Draft 2) MAYOR, COUNTY OF HAWAI`I C-763 . 11/PCHSW-11 Reference: Ord No.: 24 26