HomeMy WebLinkAboutBIL 277 Draft 02 2000-2002 BILL NO. 277
Draft 2
OI~INANC~ NO.
A BILL FOIL AN ORDINr'~NCE AMENDING CIIAPTER 4, IIAVVAI`I COUNTY CODE,
1953 (199 EDITION), AS A18~IENDEI.I, RELATING TO ANIMALS AND TIiIE
REGULATION OF DANGEROUS DOGS.
BE IT ORDAINED BY TI-IE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. 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 purpose of this ordinance is to adopt provisions for the regulation of dogs that inflict
injury 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 Hawai`i 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:
"A~°tiele 1. Delnitions.
Section 4~1. Definitions.
As used in this chapter:
(a) ["Animal" does not include dogs and cats.] "Animals," unless~rovided otherwise,
include but are not limited to those animals that are customary and usual gets such as
dogs cats rabbits birds, honeybees and other beasts which are maintained on the
premises of a dwelline unit and kept by the resident of a dwelling unit solely for ersonal
enioyment and companionship, such as, without limitation for a hobb~for legal ssportin,-g
activities and for auardina of propertyanimals exclude aviary game birds and fish as
defined in Hawaii Revised Statutes. Animal shall further mean any "animal " "farm
animal" or "poultry" as those teryns 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 ["®fficer or humane] control officer" means any employee of a county-
contracted animal control services provider or the Hawaii County 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 aa~ressive physical contact with a eta rson or animal initiated by the dog
which may include but it not limited to the dog~um~g on leaping; at or bitin~a person
or animal.
(e) "Bodily iniury" 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 count~o keelstray or unlicensed dogs.
"Dangerous dog" means any dog which, without provocation, attacks a~erson or animal.
A dog's breed shall not be considered in determining_whether or not it is dan
eg rous.
(h) "Enforcement officer" means any person authorized and designated to enforce the
provisions of this article; however, only an officer of the Hawaii County Police
Department may arrest a person pursuant to the ,provisions of this article.
(i) "Farm animals" means pigs, 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) "Ne~li~ent~shall have the same meaning as is ascribed to the term in HRS Section
702-206.
(m) "Owner" means any person owning, harboring or keeping a dog; provided that if the
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owner is a minor under the age of 18 veers the parent uardian or other person having
the care, custody or control of the minor shall be rebuttably rp
esumed to be the owner
The e~rson to whom the license was issued pursuant to HRS Section 143-2 shall
rebuttably be presumed to be the owner of the dog for p ses of this section
(n) "Person" means and includes corporations estates associations ~Sartnerships and trussts
as well as one or more individual human beings."
(o) "Poultry" means chickens pigeons turke~g_eese, ducks and peacocks not regulated by
state law.
(p) "Provocation" means the attack by a dog upon a.person or animal was preci~tated under
the following_circumstances:
(1) The dog was protecting or defending its 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~r~e of the
owner of the dog;
(3) The~erson attacked was teasing tormenting abusing or assaulting the dogi
(4) The dog was attacked or menaced by the animal or the animal was on the~~erty of
the owner of the doe;
(5) The dog was responding to pain or iniury inflicted by the attacked .person or animal•
(6) The dog was protecting itself its kennels or its offspring from the attacked person or
animal; or
(7) The person or animal attacked was disturbing the doffs natural functions such as
sleeping or eating,~while the dog was on its owner's property.
~q "Serious in'ury" to a domestic animal means physical iniury to the animal involving a
broken bone, a laceration requiring stitches, a concussion, or a tearing or rupture of an
or an.
[(e)] ~ "Sterilized dog" means a spayed female dog and a neutered male dog.
[(f)] ~ "Stray" means [either] an unlicensed dog or dog without a license for the current
year[,]; (2) any dog on the premises of a person other than the owner of the dog, without
the consent of an occupant of such premises; (3) any dog on a public street,_on public or
private school,~rounds, or in an~ other public place, except when under the control of the
owner by leash, cord, chain or other similar means of physical restraint, provided that
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such leash, cord. chain or other means is not more than~ht feet in len tg h and provided
further that this provision shall not be construed to hermit 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 lp ace [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)] ~t "Vicious dog" means a dog which:
(1) Places a person or other animal in imminent danger of bodily injury; or
(2) I-Ias 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",
4-31.3 titled "Citation and Summons; Seizure; Relinquishment of Ownership", 4-31.4 titled
"Inspection", 4-31.5 titled "Exemption". 4-31.6 titled "Civil Action Not Precluded", and 4-31.7
titled "Severability."
"[Section 4-31. Confinement 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 may be 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.
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A person convicted under this subsection shall be guilty of a~etty misdemeanor and
sentenced in accordance with subsections ~c) (d) and
(b) For the purposes of this section "reasonable measures to prevent the doh, from attacking"
shall include but not be limited to:
(1) measures required to be taken under Sections 4-14 4-15 4-18 4-20 4-23 4-30 and 4-32
of this chapter to prevent the dog from becomia straw and
~2~ any conditions imposed by the court for the training of the do or owner or for the
supervision, confinement or restraint of the do for a,previous conviction under this
section.
(c) A dog owner convicted under subsection ~ shall be sentenced to one or more of the
following:
~ 1) A fine of not less than $200 nor more than $2 000
(2) A period of imprisonment of up to 30 days or in lieu of im risonment aperiod
of probation of not more than six months in accordance with the procedures terms
and conditions provided in I-~RS Chapter 706, Part II•
(3) Restitution to any individual who has suffered bodily inj or property damage as a
result of an attack b~ the do~~
(d) Unless the doa has been or is ordered to be humanely destroyed the doh owner shall also be
sentenced to the following mandatory provisions in addition to the rovisions of
subsection (c):
(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 currently kept if such location
is not the owner's address;
(3) The owner shall promptly notify the appropriate animal control service of:
(A) An~chan~es in the ownership of the doh or the location of the dog among with the
names, addresses and telephone numbers of new owners or the new address at which
the do is located;
(13) Any further instances of an attack by the do~u
own a person or an animal;
(C) Any claims made or lawsuits brought as a result of further instances of an attack by
the dog,; or
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(D) The death of the doe•
(4) The owner shall obtain a license for the dog pursuant to IRS Section 143-2 if the do,~s
not currently licensed; and
(5) Unless already identified by microchip the dog shall be permanently identifiedi at the
owner's expense, by infecting into the dog<an identification microchip usingstandard
veterinary procedures and practices. The microchip identification number of the dog
shall be provided to the county animal control service.
(e) In addition to the provisions of subsections (c) and ~d) the dog_owner may also be sentenced
to any of the followin tg,
erms or conditions•
(1) When indoors, the dog be under the control of a person eighteen 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 dog be confined to an escape-proof kennel
(4) When outdoors, the dog be attended and kept within a fenced or walled area from
which it cannot escape;
(5) When outdoors, the dog be attended and kept on a leash no longer than six feet in
length and under the control of a person eighteen tears of age or older
(6) When outdoors, the doa be attended and muzzled with a muzzle that prevents the
doh from biting any~erson or animal but does not cause in~
jury to the dog or interfere
with its vision or respiration;
(7) A sign or suns be placed in a location or locations directed b~ the court advising
the public of th~resence and dangerousness of the dog;
(8) The owner and dog, at the owner's e~ense, attend training sessions conducted by
an animal behaviorist, a licensed veterinarian or other reco nized expert in the field•
(9) The doa be neutered or~ayed at the owner's expense, unless the neutering or s~ayin~
of the do,~ is medically contraindicated;
(10) The owner procure liability insurance or post bond of not less than $50,000, or for
a higher amount if the court finds a higher amount appropriate to cover the medical
and/or veterinary costs resulting from potential future actions of the doggy
(11) The dog be humanely destroyed; or
12 An other condition the court deems necess to restrain or control the do .For the
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purposes of this subsection, an escape--proof kennel means a kennel which allows the
dog to stand normally without restriction, which is at least two and one-half times
the len h of the dog, and which protects the dog_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. Any gates within such kennel or structure shall be lockable and of such
desi ng as to prevent the entry of children or the escape of the dog, 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 fingers
hands or other obiects.
(f) Upon probable cause, an enforcement officer may either arrest or issue a summons and
citation to the owner for violation of subsection (a).
Section 4-31.1. Citation end SuYninonsx Seizures ItelinguishYnent of ®wnershiD
(al 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 4-31, have the dog seized and impounded if the dog i~osing 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 expenses 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
subject to relinquishment pursuant to subsection (d).
(c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to
this section shall be guilty of a petty misdemeanor and fined not less than $200 nor more than
$2,000, imprisoned not more than 30 days, or both.
(d) In the event that the owner of a dog seized 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.
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(e) Notwithstandin¢ anv relinquishment of ownership of the dogtpursuant to subsection (d) or
voluntary relinquishment of ownership of the dogithe owner shall still be responsible for all
expenses of boarding the dog and any penalties which may be imposed by the court
Section 431.2. Exemption.
The provisions of this article shall not apply to dogs owned by any law enforcement agency
and used in the performance of law enforcement work.
Section 431.3. Civil action not preeluded.
Nothing contained in this article shall preclude any person iniured by a dog from brin ing a
civil action against the owner of such dog pursuant to the applicable provisions of state law.
Section 4m31.4. Severability.
If any provision of this article or the application thereof to any 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:
i
COUNCIL EMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2"d Reading:
E~ff~ective, ,Date: n
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