HomeMy WebLinkAboutBIL 277 Draft 03 2000-2002 COU1~T°~'Y O~ ~-TA.~I~I~~ ~°I`~"I'~ OF I~~WAI`I
SILL NO. 27fi
Draft 3
ORDINANCE NO.
A BILL FOIL AN ORDINANCE AMENDING CIIAI'TER 4, IIAV6~AI`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. 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 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:
"Ar°ticle 1. Definitions.
Section 4-1. Definitions.
As used in this chapter:
(a) ["Animal" does not include dogs and cats.] "Animals," unless provided otherwise,
include but are not limited to those animals that are customary and usual pets such as
dogs 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 solelYfor personal
enjoyment and companionship, such as, without limitation, for a hobby for legal sporting
activities and for guarding of property; animals exclude aviary~ame birds and fish as
defined in Hawaii Revised Statutes. Animal shall further mean any "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 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 aggressive physical contact with a person or animal initiated by the dog
which may include, but it not limited to, the dog jumpingon, leaping_at or biting a person
or animal.
(e) `Bodil~njury" means the same as that defined in HRS Section 707-700.
( "County animal control service" means the animal control services provider contracted by
the count to keep stra~or unlicensed dogs.
(g) "Dangerous dog" means any doh which, without provocation, attacks a person or animal.
A dog's breed shall not be considered in determining whether or not it is dangerous.
~hj "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 rnay arrest a~erson~ursuant to the provisions of this article.
~i) "Farm animals" means plus, 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 an~person owning, harborin og r keeping a dog provided that if the
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owner is a minor under the age of 18 years, the parent, guardian or other person having
the care, custod o~ r control of the minor shall be rebuttableresumed to be the owner.
The person to whom the license was issued pursuant to HRS Section 143-2 shall
rebuttably be presumed to be the owner of the do~for purposes of this section.
(n) "Person" means and includes corporations, estates associations partnerships and trusts
as well as one or more individual human beings."
(o) "Poultry" means chickens, pigLeons, turkeys, geese, ducks and peacocks not regulated by
state law.
(p) "Provocation" means the attack by a dog upon a person or animal was prec`pitated under
the following circumstances:
The dog was protectin
offending its owner or a member of its owner's household
from an attack or assault;
(2) The person attacked was committing a crime while on the property of the owner of
the dog;
~3~ The person attacked was teasing_tormenting~ abusin or assaulting
the dog;
(4LThe do~as attacked or menaced by the animal or the animal was on th~ro~erty of
the owner of the dog;
(5) The dog was responding to pain or injury inflicted by the attacked~erson or animal;
(6~ The dog was~rotecting itself, its kennels or its offspring from the attacked person or
animal; or
(7) The person or animal attacked was disturbin tg he dog's natural functions, such as
sleeping or eating, while the dog was on its owner's property.
"Serious iniury" 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
org_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[,];S2 any dog on the premises of a erson other than the owner of the dog, without
the consent of an occupant of such premises~3Ly doLg_on a public street, on public or
private school grounds, or in anv 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 eight feet in length and provided
further that this provision shall not be construed to permit that which is prohibited by and
other law; or (4) a cat or small domesticated animal wandering or running at large, or
found upon any public lace [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 ~k, Hawai`i 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", ~-31.~ titled
"Inspection", 4-31.5 titled "Exemption". 4-31.6 titled "Civil Action Not Precluded", and 4-31.7
titled "Severability."
"[Section 4-31. Confineinent of vicious doffs.
(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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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.
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 Dogs; Prohibited Acts; Conditions on ®wner;
Penalties.
~a) A do~owner commits the offense of ne~lig_ent failure to control a dangyerous do ,
ig f the
person negligently fails to take reasonable measures to prevent the dog from attacking,
without provocation a person or animal and such attack results in:
(1) the maiming or causingof serious injury to or the destruction of an animal; or
(21 bodily inj_ury to a person.
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A person convicted under this subsection shall be guilt petty misdemeanor and
sentenced in accordance with subsections (cad ,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 4-18 4-20 4-23 4-30 and 4-32
of this cha
tear to prevent the dog from becoming a stray and
(2~y conditions imposed by the court for the training of the dog or owner or for the
supervision, confinement or restraint of the do fg
or 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 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 andindividual who has suffered bodily injury or roperty damage as a
result of an attack by the dog=
(d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be
sentenced to the following_mandatory provisions, in addition to the provisions 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 currentlykept, if such location
is not the owner's address;
(3) The owner shall promptly notify the appropriate animal control service of:
~A) Any Chan eg_ s in the ownership of the a°g or the location of the dog along with the
names addresses and telephone numbers of new owners or the new address at which
the dog is located;
~B) Any further instances of an attack by the dog upon a person or an animal•
(C) Andclaims made or lawsuits brou hg
t as a result of further instances of an attack by
the dog; or
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(D The death of the dog.
(4) The owner shall obtain a license for the doh pursuant to HItS Section 143-2 if the dog is
not currentl~ensed; and
(5) Unless alreadyidentified by microchip, the dog shall be permanently identified at the
owner's expense, by injecting into the dog~an identification microchip usingstandard
veterinary procedures and practices. The microchip identification number of the dog
shall be provided tt~ 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 following terms or conditions:
~ 1) When indoors, the- doh 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 unattended1 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 erp son ei h~,
teen years of a e~or
older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that prevents the
dog from biting andperson or animal but does not cause injury to the door interfere
with its vision or °°espiration;
(7) A sign or signs 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 o her recognized expert in the field;
(9) The dog be neutered or swayed at the owner's expense, unless the neuteringor spaying
of the d~ is medically contraindicated;
(10) The owne~rocur~ 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 dog;
(11 Z The dog be humans destro ey d; or
(12) Any other condition the court deems necessary to restrain or control the dog. For the
purposes of this subsection, anescape-proof kennel means a kennel which allows the
do,~ to stand normally and without restriction, which is at least two and one-half times
the length of the doa and which protects the dog from the elements Fencin 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. Anv 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 doges
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 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).
Secti®~a 431.1. Cltati®n and Sun?~ta®ns• Seizure• listen uaslanaent ®f (3~vnershi
(a) Upon finding probable cause to believe that there has been a violation of Section 4-31(aL
enforcement officer ma~T, in addition to arrestin or issuing_a summons and citation to the
owner pursuant to Section 4-31, have the dog seized and impounded if the dog_is ~osin~ 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 ~y 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 rewired ownership of the dog shall be deemed relinquished and the court
may order disposition of the d~ as it deems appropriate.
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(e) Notwithstanding_any relinquishment of ownership of the dog pursuant to subsection (da or
voluntary relinquishment of ownersh~ of the dog, the owner shall still be responsible for all
expenses of boarding the dog and any penalties which may be imposed by the court
Secti®n 4-31.2. Exeffi tis~n.
The provisions of this article shall not apps to do sg owned by any law enforcement agency
and used in the performance of law enforcement work.
Secti®n 4-31.3. Civil action ~®t reclaaded.
Nothing contained in this article shall preclude any~erson injured by a dog from bringing a
civil action against the owner of such dog pursuant to the a~ licable provisions of state law.
Secti®n 4-31.4. Severability.
If any t~rovision 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
liven 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 EMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2°d Reading:
Effective Date:
RI~FEk~~9~: C~t;,tY~. 796.2
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