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HomeMy WebLinkAboutREP PCHSW 012 2024/04/30 (2022-2024) REPORT OF THE POLICY COMMITTEE ON HEALTH, SAFETY, AND WELL-BEING DATE: April 30, 2024 Re: Comm. No. 823/Bill No. 153 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 3:38 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 153, reports as follows: Bill No. 153, transmitted by Michelle M. Galimba, Council Member for District 6, via Communication No. 823 dated April, 10, 2024, amends Chapter 4, Article 4, Section 4-4-26 of the Hawaii County Code 1983 (2016 edition, as amended), relating to animals. This bill increases the penalties for a noisy dog violation from $25 to $50 for the first violation, $75 to $100 for the second violation, $100 to $200 for the third violation, and $200 to $400 for any subsequent violation. Member Galimba began by stating that this bill is a simple fix in response to numerous community member requests. She said that many parts of Chapter 4 could potentially be adjusted similarly, but she wanted to begin with this update as it may be the easiest to implement as there was already a clear process and method for how to justify citations. Member Galimba mentioned that as the process for this citation has a higher proof of justification, it should therefore have a higher penalty. Committee Member Matt Kaneali`i-Kleinfelder said that on agricultural lots it is an allowable activity to have kennels, for personal use or commercial use and that sometimes results in multiple dogs barking. He questioned if this bill includes boarding kennels or just personal pets. Corporation Counsel Elizabeth Strance responded by saying that the current legislation in our County Code is focused on people who are disturbed by barking and would research it more thoroughly before the next meeting. Committee Member Cindy Evans asked if the bill could address who should be responsible for enforcement, so that Police and Animal Control aren't in conflict on that point. She also mentioned that typically, urban areas have extensive legislation around noisy dogs and violations, but agricultural areas don't have those same regulations. She said that there are State laws on dog boarding to help with that, but not regarding those animals that people keep as personal pets. Animal Control Administrator Matt Runnells said that responding to barking dog calls depends on the time of day. Barking calls are answered by Animal Control during the day but are not considered PCHSW Report No. 12 PCHSW-12 Page 2 April 30,2024 priority one calls. They deal with more important calls first and they don't enforce after hours,police help with those calls. Member Evans suggested this responsibility should be with the police. Committee Member Holeka Inaba said he isn't sure why we'd want Police to be called when we have a dedicated Animal Control, and why we wouldn't specify that those calls should be handled by Animal Control. Member Inaba added that regarding increasing fines, if it continues to be an ongoing issue at what point does the neighbor get relief?Member Kaneali'i-Kleinfelder added that he doesn't want police focusing on smaller things and would like Animal Control to be handling these calls. Member Evans added that calling the police sometimes doesn't get the results that many want either, and the extreme disturbance of constant dog barking is considered an emergency to people who are listening to a dog bark all night long, and that they need a number they can call to actually get relief. Member Galimba said she wanted to amend this chapter very lightly due to public concern around this subject and the relatively recent changes we've had with the entities in charge of enforcement. She stated she'd consider the comments brought up by other members, especially concerning who enforces these calls as well as the question of city dogs vs. country dogs. Committee Member Sue Lee Loy stated that having a dog barking to protect your property is necessary for larger lots. Committee Chair Jenn Kagiwada asked Administrator Runnells how to handle a situation when a neighbor is hostile. He responded that the complaint needs to be called in, but that Animal Control would refer it to the police. Chair Kagiwada inquired if the maker of the bill would work with Animal Control or Corporation Counsel if for safety reasons,they might want to re-examine the language requesting that the complainant must talk to their neighbor first. She also highlighted that it is important to get educational information out to the public regarding the proper steps to take. Your Policy Committee on Health, Safety, and Well-being, is in accord with the purpose and intent of Bill 153, 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 J W A, CHAIR LEE LOY X PCHSW PORT NO.: 12 VILLEGAS X ADOPTED: MAY 1" 5 2024