HomeMy WebLinkAboutBIL 277 Draft 01 2000-2002 COLJN'I~ OF I-I~.~I`~ S°r~'~ O~ ~A,I`I
SILL NO. 277
OI~JINANC~ NO.
A IIILL IaOR AN ORDINANCE AlO~IENDING CIIA~TER 4, IIA~VAI`I COUNTY CODE,
1983 (1995 EDITION), AS AMENDED, RELATING TO ANIMALS AND TIIE
REGULATION OF DANGEROUS DOGS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to adopt provisions for the regulation
of dangerous dogs.
Prior to 2001, state law allowed the imposition of conditions on vicious or dangerous dogs
only after two bites had occurred. Act 222, Session Laws of Hawaii 2001, eliminated the "two
bite" minimum and enabled the counties to adopt their own dangerous dog laws. Specifically,
Act 222 authorized the counties, in part, to enact and enforce ordinances "regulating persons who
own, harbor, or keep any dog that has bitten, injured, or maimed a person" or "injured, maimed,
or destroyed an animal belonging to another person," provided the ordinances are consistent with
state law.
The intent of this ordinance is to adopt provisions for the regulation of dogs after a "first bite"
or other injury inflicted by a dog upon a person or other animal. This ordinance also removes
potential conflicts between the county's dangerous dog ordinance and the provisions of state
statute.
This ordinance reorganizes various sections of Chapter 4, Hawaii County Code in order to
consolidate all pertinent provisions relating to the regulation of dangerous dogs and conditions
and penalties that may be imposed upon the owners of dangerous dogs.
SECTION 2. Article 1, Section 4.1 ("Definitions"), Hawaii County Code, is amended as
follows:
"Article 1. Definitions.
Section 4s1. Definitions.
As used in this chapter:
~ ["Animal" does not include dogs and cats.] "Animals," unless~rovided otherwise,
include but are not limited to those animals that are customary and usual pets such as
doffs, 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~ersonal
enjoyment and companionship, such as, without limitation, for a hobby for legal sporting
activities and for ~uardin~ of property; animals exclude aviarv~ame birds and fish as
defined in Hawaii Revised Statutes. Animal shall further mean animal," "farm
animal" or "poultry" as those terms are defined in Section 4.31.
(b) "At large" means on the premises of a person other than the owner of the dog or other
small domesticated animal without the consent of the occupant of the premises, or on a
public street, alley, highway, or in any public place except when under the control of a
responsible person or an authorized representative of the owner.
(c) "Animal ["Officer or humane] control officer" means any employee of a county-
contracted animal control services provider or the Hawaii Count
Police Department
who is authorized to carry out and enforce the provisions of this chapter. Such individual
shall also be known as and may bear the title of "humane officer."
(d) "Attack means a~f~ressive physical contact with a person or animal initiated by the doh
which may include, but is not limited to, the dog iumpin~ on, leaping at or bitin~a person
or animal.
(e) "Bodily iniurv" means the same as that defined in HRS Section 707-700.
(f) "County animal control service" means the animal control services provider contracted by
the county to kee~stra~y or unlicensed dogs.
"Dangerous doh" means an~dog which, without provocation, attacks a person or animal.
A des breed shall not be considered in determiningwhether or .not it is dangerous.
(h) "Enforcement officer" means any person authorized and desi n.~ ated to enforce the
provisions of this article• however, one an officer of the Hawaii County Police
Department may arrest a person pursuant to the provisions of this article.
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(i) "Farm animals" means gigs, cows, goats sheep horses camels and llamas.
[(d)] "Humane society" means any eleemosynary organization formed for the purpose of
providing humane care and treatment of dogs, cats and other animals.
(1) "Negligently" shall have the same meaning as is ascribed to the term in HRS Section
702-206.
(m) "owner" means env person owningharboring or keeping a dog• rp ovided that if the
owner is a minor under the aee of 18 veers the ~arent~ guardian or other person having
the care, custody or control of the minor shall be rebuttably presumed to be the owner.
The e~rson to whom the license was issued pursuant to HRS Section 143-2 shall
rebuttably be t~resumed to be the owner of the dog for t~urposes of this section.
(n) "Person" means and includes corporations estates associations partnerships and trust
as well as one or more individual human beings."
(o) "Poultry" means chickens,~i,geons turkeys, geese, ducks and t~eacocks not r~ulated by
state law.
(p) "Provocation" means the attack by a dog_unon a person or animal was ,precipitated under
the following circumstances:
~1) The dog was protecting or defendin ig
is owner or a member of its owner's household
from an attack or assault;
(2) The person attacked was committing a crime or offense while on the^property of the
owner of the dog;
(3) The person attacked was teasing, tormenting, abusing or assaulting the dog or at any
time in the east had teased, tormented abused or assaulted the dog;
(4) The dog was attacked or menaced by the animal or the animal was on the_property of
the owner of the dog;
(5) The dog was responding to pain or iniury inflicted by the attacked~erson or animal•
(6) The dog was protecting itself, its kennels or its offspringfrom the attacked person or
animal;
(7) The person or animal attacked was disturbin tga he do 'sg natural functions, such as
sleeping or eating, while the dogvwas on its owner's property; or
~8) The dog was responding to a command or encouragement to attack the person or
animal.
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(Q) "Serious inlur~to a domestic animal means physical iniury to the animal involving a
broken bone, a laceration reauirin~ stitches a concussion, or a tearingor rupture of an
or4;an.
[(e)] ~ "Sterilized dog" means a spayed female dog and a neutered male dog.
[(fj] ~ "Stray" means [either]_(1) an unlicensed dog or dog without a license for the current
year[,]; (2) anv dog on the premises of a person other than the owner of the dogs without
the consent of an occupant of such premises• 3) anv dog on a public street, on public or
private school grounds or in anv other public lace except when under the control of the
owner by leash, cord chain or other similar means of physical restraint provided that
such leash, cord, chain or other means is not more than eight feet in length and rovided
further that this provision shall not be construed to permit that which is prohibited by any
other law; or (4) a cat or small domesticated animal wandering or running at large, or
found upon any public ,glace [highway, street, alley, court, place, square and grounds] or
found not upon the lands of the owner or not under the charge or control of one in
possession.
[(g)] ~ "Vicious dog" means a dog which:
(1) Places a person or other animal in imminent danger of bodily injury; or
(2) Has bitten any person or animal.
A dog shall not be deemed vicious where the vicious behavior in question is the result of
the dog being teased, tormented or otherwise abused by the victim of the vicious
behavior."
SECTION 3. Sections 4-31, 4-31.1, 4-31.2 and 4-31.3 of Article 4. Prohibitions, Division 2,
Dogs, Chapter 4, Hawaii County Code, relating to "vicious dogs" are repealed. These sections
are replaced by new sections 4-31 titled "Regulation of Dangerous Dogs", 4-31.1 titled
"Definitions", 4-31.2 titled "Dangerous Dogs; Prohibited Acts; Conditions on Owner; Penalties",
~-31.3 titled "Citation and Summons; Seizure; Relinquishment of Ownership", ~-31.4 titled
"Inspection", 4-31.5 titled "Exemption". 4-31.6 titled "Civil Action Not Precluded", and 4-31.7
titled "Severability."
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"[Section 4-31. Confineanent of vicious dogs.
(a) Every vicious dog shall be confined by the owner within a building or secure enclosure and
shall be securely muzzled or caged whenever off the premises of its owner.
(b) Any person found guilty of violating this section maybe fined not more than $1,000 or
imprisoned for not more than thirty days, or both. The minimum sentence to be imposed
upon a person found guilty of violating this section shall be as follows:
(1) For a first conviction, a fine of not less than $100, but not more than $1,000.
(2) For a second conviction which occurs within five years of a prior conviction under this
section, a fine of not less than $500, but not more than $1,000.
(3) For a third conviction which occurs within five years of two prior convictions, a fine of
not less than $1,000.
Section 4-31.1. Vicious dog; notice.
If, upon investigation of a report of an incidence of vicious behavior, an officer determines
that (A) an incident constituting vicious behavior did occur, and (B) the indicated dog was the
dog which did behave in a vicious manner, then the officer shall give the owner of said dog a
written notice stating that the dog has been deemed a vicious dog, that the owner must comply
with the Hawaii County Code § 4-31(a) concerning the confinement of vicious dogs, and of the
penalties for failure to comply with said requirements of confinement.
Section 4-31.2. Appeal of vicious designation; hearing.
The notice that a dog has been deemed a vicious dog shall also inform the owner that he
may, within thirty days, request a hearing before the executive in charge of the humane society
with whom the county has contracted for animal control in the district in which the reported
incident of vicious behavior has occurred or his designated representative for the purpose of
disputing the designation of the dog in question as a vicious dog. The hearing shall be held in
accordance with HRS Chapter 91, the Hawaii Administrative Procedures Act, and the aforesaid
executive of the humane society or his designated representative presiding over the hearing shall
notify the dog owner of his decision in writing after the hearing.
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Section 4-31.3. Rules for hearings on viciousness.
The executives in charge of the humane societies with whom the County has contracted for
animal control duties shall jointly adopt a set of rules, pursuant to HRS chapter 91, for hearings
on the issue of whether or not a dog shall be deemed a vicious dog.]
Section 4-31. Regulation of Dangerous I)o~s_Prohibited Acts• Conditions on Owner
Penalties.
(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the
person negligently fails to take reasonable measures to revent the do~fro_m attacking,
without provocation, a person or animal and such attack results in•
(1) the maiming or causing of serious inju to or the destruction of an animal or
(2) bodily in~ry to a,person.
A person convicted under this subsection shall be g_uilt~f a petty misdemeanor and
sentenced in accordance with subsections (c), and (e).
(b) For the purposes of this section, "reasonable measures to prevent the dog from attacking"
shall include but not be limited to:
~1~ measures required to be taken under Sections 4-14 4-15 4-18L~-20 4-23 4-30 and 4-32
of this chapter to prevent the dog from becoming a stray. and
(2) any conditions imposed by the court for the trainin~of the dog_or owner or for the
supervision, confinement or restraint of the doh for a previous conviction under this
section.
(c) A dog owner convicted under subsection (a) shall be sentenced to one or more of the
following:
~ 1 Mine of not less than $50 nor more than $2,000;
(2) A period of imprisonment of up to 30 days, or in lieu of imprisonment, a period
of probation of not more than six months in accordance with the procedures, terms
and conditions provided in HRS Chapter 706, Part II;
(3) Restitution to any individual who has suffered bodilyinjury or property damage as a
result of an attack b~ the dog;
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(d) Unless the doe has been or is ordered to be humanely destro~d the do~owner shall also be
sentenced to the following mandatory provisions in addition to the provisions of subsection
(1) The owner shall provide the owner's name address and telephone number to the county
animal control service;
(2) The owner shall provide the location at which the dog is currentl~kept~ if such location
is not the owner's address;
(3) The owner shall promptly notify the appropriate animal control service of:
(A) Anv changes in the ownership of the door the location of the dog aalon~, u%ith the
names, addresses and telephone numbers of new owners or the new address at which
the doh, is located;
(B) Anv further instances of an attack by the do~pu on a person or an animal•
(C) Anv claims made or lawsuits brou ht 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 dohpursuant to HRS Section 143-21 if the doffs
not currentlylicensed; and
(5) Unless already identified by microchip, the dog shall be~ermanentlx identified at the
owner's expense, by infecting into the do an identification microchip usingstandard
veterinary procedures and •practices. The microchip identification number of the dog
shall be~rovided to the count animal control service.
(e) In addition to the provisions of subsections (c) and d), the dog, owner may also be sentenced
to and f the following; terms or conditions:
(1) When indoors, the dog be under the control of a person ei hg
teen years of age or older
(2) When outdoors and unattended, the dog be kept within a locked fenced or walled area
from which it cannot escape;
3 When outdoors and unattended the do be confined to an esca e- roof kennel•
4 When outdoors the do be attended and ke t within a fenced or walled area from
which it cannot escape;
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(5) When outdoors, theh dog be attended and kept on a leash no longer than six feet in
length and under the control of a~erson eighteen wears of~ge or older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that revents the
dou from bitinu any person or animal but does not cause injury to the dog_or interfere
with its vision or res~ration~
(7) A sign or suns be placed in a location or locations directed by the court advising
the public of the presence and dangerousness of the dog;
~8) The owner and dog, at the owner's expense attend training sessions conducted by
an animal behaviorist, a licensed veterinarian or other recognized expert in the field;
~9) The dog be neutered or sped at the owner's expense unless the neuterin or spaying
of the dog is medically contraindicated•
(10) The owner rocure liability insurance or post bond of not less than $50 000 or for
a higher amount if the court finds a higher amount a=ppropriate to cover the medical
and/or veterinary costs resulting from potential future actions of the doe•
~ 11) The do~be humanely destro~ed• or
(12) Any other condition the court deems necessary to restrain or control the dog For the
purposes of this subsection, an escape-proof kennel means a kennel which allows the
dog to stand normally and without restriction which is at least two and one-half times
the length of the dog, and which rp otects the do~from the elements Fencing or wall
materials required under this section shall not have openings with a diameter of more
than two inches, and in the case of wooden fences the gaps therein shall not be more
than two inches. An~gates within such kennel or structure shall be lockable and of such
design as to revent the entry of children or the escape of the dou and when the dog is
confined to such kennel or area and unattended such locks shall be kept locked The
kennel may be required to have double exterior walls to prevent the insertion of finge, rs,
hands or other objects.
(f) Upon. probable cause, an enforcement officer may either arrest or issue a summons and
citation to the owner for violation of subsection (a).
The court shall hold a hearing on the alleged violation of subsection ~a) as soon as
practicable.
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Section 4-31.1. Citation and Summons Seizure• Relinquishrrrent of Ove~nership
(a) Upon finding probable cause to believe that there has been a violation of Section 4-31(a~ an
enforcement officer may, in addition to arresting or issuing a summons and citation to the
owner pursuant to Section ~-31, have the dog seized and im-pounded if the dog is posing_an
imminent threat to human beings or to other animals. Such impoundment may be at the
premises of a licensed veterinarian or at a commercial kennel. All ex enp ses of the boarding
and retention of the dog shall be borne by the owner.
(b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner
that if he or she does not appear at the time and place stated in the summons, the dog shall be
sub~ct to relinquishment pursuant to subsection (b).
(c) Any person who refuses to surrender a dog that is subiect to relinquishment pursuant to
this section shall be guilty of a peter misdemeanor and fined not less than $50 nor more than
$1,000, imprisoned not more than 30 days, or both.
(d) In the event that the owner of a dohseized and impounded pursuant to this section fails to
appear in court as required, ownership of the dog shall be deemed relinquished and the court
may order disposition of the dog_as it deems appropriate.
Notwithstanding an r~quishment of ownership of the dog_pursuant to subsection ~b~of
voluntary relinquishment of ownership of the dog, the owner shall still be re~onsible for all
expenses of boarding the dog and any penalties which maybe imposed by the court.
Section 4-31.2. Exemption.
The provisions of this article shall not apply to do~~ owned by any law enforcement agency
and used in the performance of law enforcement work.
Section 4-31.3. Civil action not precluded.
Nothing contained in this article shall preclude any person injured by a dog from bringing a
civil action against the owner of such dog_ u~nt to th~plicable provisions of state law.
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Section 431.4. Severability.
If anv provision of this article or the implication thereof to anv person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications of the article which can be
given effect without the invalid provisions or applications and to this end the provisions of this
article are severable."
SECTION 4. Material to be repealed is bracketed. New material is underscored. In printing
this ordinance, the brackets and bracketed material need not be included.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI `I
N P/rf
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2"d Reading:
Effective Date:
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