HomeMy WebLinkAboutCOM 0283.291 2024-2026Matt Kaneali`i-Kleinfelder
District 5
Upper Puna, portion of Kea `au
Phone: (808) 961-8263
Fax: (808) 961-8912
matt. kanealii-kleinfelder@hawaiicounty.gov
HAWAI`I COUNTY COUNCIL
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County of Hawai `i
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25 Aupuni Street, Suite 1402
Hilo, HI 96720
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DATE: August 6, 2025
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TO: Holeka Goro Inaba, Council Chair
Members of the Hawaii County Council
FROM: Matt Kaneali`i-Kleinfelder
District 5
SUBJECT: Proposed Amendments to Bill No. 51, Draft 3; AN ORDINANCE AMENDING
CHAPTER 4, ARTICLE 3, OF THE HAWAILI COUNTY CODE 1983 (2016
EDITION, AS AMENDED), RELATING TO ANIMALS.
Transmitted herewith are proposed amendments to Bill No. 51, Draft 3. The amendments are
shown below in Ramseyer format with respect to the content of Bill No. 51, Draft 3; material to
be deleted is bracketed and stricken and material to be added is underscored.
SECTION 1 of Bill No. 51, Draft 3, which amends chapter 4, article 3, of the Hawaii County
Code 1983 (2016 Edition, as amended) by adding a section, is redesignated to add the following
sections to be appropriately inserted and to read as follows:
"Section 4-3- . Feeding prohibited.
(a) A person may not feed or attempt to feed a stray or feral animal on property owned,
leased, rented, managed, or operated by the County[, unless the �or��„ � aAffied
]•
(b) Any person convicted of a violation of this section is subject to a fine not more than
$50 for the first violation and not more than $500 for any subsequent violation.
(c) For the purposes of this section:
["ram-�m,emfattnity eat caretaker' means an individualwho has
Completed County approved, standardized trai hi eale"
most p .,e flees ;,, feeding stray an f ,..,� eaL „ta an
I.GLl V, best rJlUVL1L , o
Y1b11V health llt"etZmiigCtio ,t-fap rtAe - . .to rot..-rro
pr-eeedufes, and r-eeafdkeeping and r-epaAing ;
Comm. o In - � 1 I
Ref. To• IA
Ref. note G - 6 202
(2) Signed a vffitten agreemefA with the County to eamply with tb
"Feed" means to deliberately introduce any food material, substance, or
attractant directly to or in the vicinity of an animal.
"Feral" means undomesticated or living in a wild and unconfined state.
(d) Nothing in this section prohibits, restricts, or limits the ability of the County or of a
person authorized or contracted by the County to trap, remove, impound, or seize an
animal or to undertake any other power or duty under this chapter [Of] or the
Hawaii Revised Statutes, chapters 142 or 143.
Section 4-3- . Certified communitv cat caretaker nroLyram.
(a) Notwithstanding the preceding section, a person may feed a stray or feral cat on
property owned, leased, rented, managed, or operated by the County, provided the
person is certified as a community cat caretaker and the feedingtakes place in
accordance with this section and all rules adopted pursuant to this section.
(b) A person wishing to be certified under this section shall:
(1) Complete training courses approved by the animal control and protection
administrator on:
(A) Cology care;
(B) Best practices in feeding stray and feral cats;
(C) Environmental and public health impact mitigation;
(D) Trap -neuter -vaccinate -return -manage procedures, and
(E) Recordkeeping and reporting requirements;
(2) Hold and keep a commercial general liability insurance policy in the amount
of $2,000,000 per occurrence and naming the County as an additional insured;
(3) Agree in writing to indemnify, defend, and hold harmless the County and its
officers, employees, and agents gainst all claims, liabilities, damages, costs,
and expenses arising from or related to alleged or actual violations of the
Endangered Species Act, the Mi rg atory Bird Treaty Act, the Marine Mammal
Protection Act, or the Hawaii Revised Statutes, chapter 195D, attributable to
the presence of cats or cat feeding; and
(4) Agree in writingto o comply with the provisions of this section, rules adopted
pursuant to this section, and all other applicable law.
(c)Upon determination that a person has completed the requirements of subsection (b),
the animal control and protection administrator shall certify that person as a
community cat caretaker and issue a certified community cat caretaker
identification card.
(d) Subject to the approval of the council by resolution, the animal control and
protection administrator shall designate no more than two non-contiguous locations
where feeding of cats under this section may occur; provided that the location must
be:
(1) No less than one mile from a critical habitat for a threatened or endangered
species, as defined under Title 16 of the United States Code, section 1532(5);
Q Devoid of M species deemed endangered, threatened, or protected under
State or Federal law, and
(3) No less than two thousand feet from a shoreline, stream, wetland, pond
wildlife sanctuary, conservation district, or natural area reserve.
(e) The administrator shall revoke the designation of a location upon a confirmed
sighting of M species deemed endangered, threatened, or protected under State or
Federal law.
(f) Any violation of this section shall be subject to the revocation of a community cat
caretaker certification and to the penalties set forth in the preceding section.
(g) The administrator may adopt rules pursuant to the Hawaii Revised Statutes,
chapter 91, necessary for the purposes of this section."
Due to the limited scope of these proposed amendments, a copy of the new draft of this bill that
would result if these amendments were adopted is not attached.
Mahalo nui.
ITHISI MI