HomeMy WebLinkAboutCOM 0796.003 2000-2002
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Nancy Pisicchioa M Tel: (808) 326-5684
Council Member Fax: (808) 326-5697
COUNTY COUNCIL
County of Hawaii t .
Kona Council Office
77-6399 Nalani Street, Suite 104
Kailua-Kona, Hawai `i 96740-8980
November 19, 2002
MEMORANDUM
TO: James Y. Arakaki, Chair, and Council Members
FROM: Nancy Pisicchio 4~
SUBJECT: Bill 277, Draft 4, Relating to Animals and the Regulation of Dangerous Dogs
For your consideration, I have prepared a new "Draft 4" of Bill 277, relating to animals and the
regulation of dangerous dogs.
This draft, which I wish to submit for your consideration in lieu of Draft 3 of Bill 277, contains
revisions and deletions in response to questions and concerns raised by council members during
our Finance Committee discussion on November 7, 2002. Other revisions (noted below) reflect
input from Sgt. Jay Enanoria and Captain John Dawrs of the Hawaii County Police Department,
Mitch Roth from the Prosecutor's Office, and Duane Mendoza from the Hawaii Island Humane
Society. Sgt. Enanoria, Mitch Roth and Duane Mendoza will attend our Council meeting on
November 20, 2002 to answer any questions regarding their contributions to this draft of Bill
277.
The revisions contained in Draft 4 all relate to definitions pertaining to "provocation"
(Section 4-1(p) as shown on page 3). The revisions are intended to eliminate subjective or vague
definitions and to enhance the enforceability of this ordinance. They are as follows:
(p) "Provocation" means the attack by a dog upon a person or animal was precipitated 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 while on the property of the owner of
the do-g;
(3) The person attacked was [teasing,] tormenting abusing or assaulting the dog
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(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 injury 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] and the attack was committed on its owner's property.
[(7) The person or animal attacked was disturbing the dog's natural functions, such as
sleeping or eating, while the dog was on its owner's property.]
I urge your support for these amendments in order that we may complete action on this important
public safety measure. I also wish to thank my fellow council members for their support and
encouragement for our long and thorough review of our county's animal control program. I urge
your continued work and dedication on behalf of a comprehensive revision of our animal control
ordinance in the coming council term.
NP/rf
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