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HomeMy WebLinkAboutORD 2024-046 2022-2024 COUNTY OF HAWAI`I •i�`'=°-_�1••� STATE OF HAWAII '....??4„-6-,,:_.,.,3;:y BILL NO. 153 ORDINANCE NO. 24 46 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-4-26, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ANIMALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 4, article 4, division 2, section 4-4-26 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read as follows: "Section 4-4-26. Noisy dog; reasonable attempts to reduce noise; penalties. (a) Any person disturbed by a noisy dog shall make a reasonable attempt to advise the owner or custodian who keeps such dog of this fact. Reasonable attempts for notification include by letter, email, visit to the owner or custodian, or any other legal method. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog, or after notifying the owner or custodian, the nuisance is not abated,the person disturbed by the noisy dog may then notify the appropriate enforcement agency. (b) The owner or custodian of a noisy dog that causes a disturbance as provided in section 4-4-25 shall be guilty of a violation of this section: (1) If after being advised of the disturbance per subsection(a), the owner or custodian of a noisy dog does not take immediate and effective action to abate the nuisance; or (2) If the appropriate enforcement agency is notified and responds to a complaint of a noisy dog and the nuisance is not abated. (c) There shall be a penalty of[$25] $50 for the first violation of this section. The second violation has a penalty of[$53] $100,the third [$100,] $200,and any subsequent violation [$200.] $400." SECTION 2. Material to be repealed is bracketed and stricken.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 3. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED B : C UNC EMBER, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: May 15, 2024 Date of 1st Reading: May 15, 2024 Date of 2nd Reading: June 19, 2024 Effective Date: July 1, 2024 823 REFERENCE Comm. 2 GO UN I Y CI F:�r OFFICE OF THE COUNTY CLERK, Y OF H A 3M County of Hawai`i Kona,Hawai`i � JUL PII 12: t1 Introduced By: Michelle M. Galimba ROLL CALL VOTE Date Introduced: May 15, 2024 AYES NOES ABS EX First Reading: May 15, 2024 Evans X Published: May 2 4, 2024 Galimba X Inaba X REMARKS. Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X Second Reading: June 19, 2024 8 0 1 0 To Mayor: June 27, 2024 Returned: July 11, 2024 ROLL CALL VOTE Effective: July 1, 2024 Published: August 2, 2024 AYES NOES ABS EX Evans X REMARKS: Galimba X POSTPONED: June 5, 2024 Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. CK 12 �� -�-/ f COUNCIL CHAIRPERSON Approve isapproved this day of f L , 20 2S . COUNTY CLERK Bill No.: 153 MAYOR, COUNTY OF HAW C-823/PCHSW-12 Reference: Ord No.: 24 46