The URL can be used to link to this page

Home My WebLink AboutCOM 0796.000 2000-2002 ~M4Y 04 Nancy Pisicchio Tel: (808) 326-5684 Council Alember JQ;• Fax:,J-$08) 326-5697 ~>B 66 tA6'dp COUNTY COUNCIL County of Hawai 'i Kona Council Office 77-6399 Nalani Street, Suite 104 tv Kailua-Kona, Hawaii 96740-8980 - , October 24, 2002 ' MEMORANDUM TO: James Y. Arakaki, Chair, and Council Members FROM: Nancy Pisicchio, Chair~Avv Human Services and Economic Development Committee SUBJECT: A Bill for an Ordinance Relating to Animals and the Regulation of Dangerous Dogs Attached for your consideration please find a bill for an ordinance to amend Chapter 4 ("Animals"), Hawaii County Code, to adopt provisions for the regulation of dangerous dogs. Several recent and horrific dog attacks on the Big Island prompt this proposed legislation. In June 2001, a pit pull in Puna killed an 18-month old boy and critically injured the boy's mother. In May 2002, a doctor in Waimea lost an ear (later reattached in surgery) when she was attacked by a pit bull while walking in her neighborhood. In response to county concerns relating to dangerous dogs, the legislature last year passed Act 222, allowing the counties to adopt and enforce their own laws to deal with people who harbor or own dogs that have killed, maimed or injured a person or another animal (see attached Honolulu Star- Bulletin article dated June 15, 2001). Subsequently, the City & County of Honolulu adopted a dangerous dog ordinance to implement home rule over the regulation of dangerous dogs. The attached bill is modeled after the new Oahu ordinance, although Oahu's provision for inspection by an enforcement officer to determine compliance with conditions imposed on the owner of a dangerous dog has been omitted per a recommendation from the Office of the Corporation Counsel. With facilitation from Mayor Harry Kim, a first draft of this bill was circulated to representatives of the Police Department, Prosecutor's Office, Corporation Counsel's Office, Hawaii Island Humane Society and the Community Empowerment Organization for their review, comments and recommendations. Additionally, the Legislative Auditor's Office sought consultation in drafting this measure. In a memorandum (attached) dated August 13, 2002 to Rory Flynn of the Legislative Auditor's Office, Pamela Burns, director of the Hawaiian Humane Society indicated that since Oahu's new ordinance became effective in July 2001, 24 dangerous dog citations had been issued, along with 45 warning notices. She did not find the ordinance to be defective, although she noted some pro~lemmms plea bargaining by prosecutors and the imposition of fines by judges. File No. I1 t Ref. To: Ref. Date Q 8 2 Kauai County, meanwhile, just amended its code on October 15, 2002 to adopt "protective measures for the people of Kauai County from a known dangerous dog and [to] establish conditions and penalties that may be imposed upon the owners of dangerous dogs." I commend this bill for your positive consideration. It establishes clear steps and conditions to better assure the safety of the public, as well as other animals, subsequent to a dog attack. While I favor ongoing Council action to more thoroughly overhaul our county's animal code, I believe this measure is critical and addresses an immediate public safety issue. If you have any questions regarding this measure, please do not hesitate to contact me at your convenience. Attachments cc: Harry Kim, Mayor Dixie Kaetsu, Managing Director Lincoln Ashida, Corporation Counsel Sgt. Jay Enonoria, Police Department Mitch Roth, Prosecutor's Office Hawaii Island Humane Society ar_A~ tm St ulle (bNt91EOIPIC~ Friday, June 15, 2001 Law puts bite on vvicious dogs The stag law allows counties to create their own ordinances By Rosemarie Bernardo His 89-year-old mother's poodle, Kristi, was attacked by a Rottweiler near her Nuuanu home three Days after an 18-month-old boy was attacked and weeks ago. killed by a pit bull on the Big Island, Gov. Ben The poodle survived after suffering a gash to the Cayetano signed a bill into law allowing the four neck. counties to create their own ordinances against vicious Okino said the current state law is weak because of dogs. the "one bite rule." Sen. Avery Chumbley (D, East Maui-North Kauai), The law states that a person can file a lawsuit one of three legislators who introduced Senate Bill 643 against the owner of a vicious dog if that person has relating to vicious dogs, said, "It was unfortunate the been bitten more than once by the animal. incident in the Big Island happened." The city, meanwhile, has tougher laws that can be "The statute would allow the counties to adopt better enforced after the new state law takes effect. ordinances to individually regulate situations like what Under a city ordinance passed in December, owners happened on the Big Island," Chumbley added. "It of dogs who are considered "dangerous" face a fine of allows for more home rule." up to $2,000 and 30 days in jail. In the Hawaiian Acres subdivision in Puna Saturday The ordinance will take effect July 1. night, Sandy Hilderbrand killed a pit bull with a pickax Current state law allows a $20 fine. after it attacked his 18-month-old son, Tyran Moniz- A law defines as dangerous "any dog which, Hilderbrand, and mauled the toddler's mother, Luana without provocation, attacks a person or domestic Moniz. animal, causing bodily injury to the person, or serious Tyran died in the attack, and Moniz, 24, was taken injury or death to a domestic animal." to Hilo Medical Center in serious condition after Dangerous-dog laws also exist in Hawaii and Maui suffering wounds to her arms and legs. counties. On the Big Island a police officer can kill a She remains in the hospital and has been upgraded dangerous dog that cannot be tranquilized or to stable condition. Police closed their investigation impounded. after finding no evidence of a violent history of the pit Also, dogs deemed "vicious" shall be confined on bull. the owner's property or securely muzzled or caged The new state legislation, which takes effect June whenever it is off the owner's property. 30, clarifies existing state law about which government Big Island County Chairman James Arakaki said: authority can control vicious dogs. The new law "They're (vicious dogs) a weapon when you think enables each county to enforce their own laws against about it, like a loaded gun. people who own, harbor or keep a dog that has injured, "Hopefully, we'll have more teeth in the law to maimed or killed another animal or person. enforce the laws." The change is welcome, said Honolulu City Eve Holt, spokeswoman for the Hawaiian Humane Councilman Gary Okino, who was recently reminded Society, said, "Our hope is that pet owners will about what he called "the pretty weak" current state understand that it's all about training, care and behavior law against vicious dogs. that could make a dog become aggressive." RUG-13-02 TUE 16;22 HAWAIIAN HUMANE SOCIETY FAX NO. 9556034 P,02/13 HAWAIIAN HUMANE SOCIETY MEMORANDUM TO: Rory Flynn FROM: Pamela Burns DATE: August 13, 2002 RP: Ordinances As you know, the Dangerous Dog Ordinance on Oahu became effective in July. Since then we have issued: 24 Dangerous Dog citations 45 Warning notices The largest problem with the law has been plea bargaining in the Prosecutors office, which hats been somewhat rectified. Judges, however, are still not following the structure regarding fines, although they are being processed. If there is a pending civil suit against an owner, the prosecutors will not find him guilty. This has something to do with how Hawaii's constitution is written. Otherwise, we haven't had any problems following up with owners and erytering their property. Warning citations are also working as a preventative measure. Attached is a copy of the proposed Kauai Ordinance that doesn't require announced visits when Following up on a corrective action once a dog has been deemed dangerous. Many of our State and County animal statutes are on our website. www.hawaiicinhumane.org Please ff;el free to call me at any time, It was really enjoyable talking with someone who really canes and understands the issues.