HomeMy WebLinkAboutCOM 0796.004 2000-2002
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Nancy Pisicchio Tel: (808) 326-5684
Council MemberFax: (808) 326-5697
COUNTY COUNCIL
County of Hawaii
Kona Council Office
77-6399 Nalani Street, Suite 104
Kailua-Kona, Hawai'i 96740-8980
November 21, 2002
MEMORANDUM
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TO: James Y. Arakaki, Chair, and Council Members
FROM: Nancy Pisicchior '
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SUBJECT: Bill 277, Draft 5, Relating to Animals and the Regulation of Dangerous Dogs
Attached please find "Draft 5" of Bill 277, relating to animals and the regulation of dangerous
dogs. This draft includes the two floor amendments adopted by the Council during its first
reading of Bill 277 on November 20, 2002.
The amendments contained in Draft 5 (shown below) clarify the definition of "provocation" by
establishing a "reasonable man standard" proposed by Council Member Aaron Chung for the
interpretation of precipitating circumstances that might evoke vicious dog behavior and further
clarify the definition of "vicious dog" by removing the word "teasing" and adding the word
"assaulted" in Section 4-1(t). Specifically, the amendments contained in Draft 5 are as follows:
§4-1(p) "Provocation" means that the attack by a dog upon a person or animal was
precipitated under [the following] circumstances reasonably expected to evoke
a vicious response from the dog including but not limited to the following:
§4-1(t) "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, assaulted, or otherwise abused by the
victim of the vicious behavior."
With the addition of these amendments, I urge your support for adoption of Bill 277 at our
upcoming Council meeting on December 2, 2002 in order that we may complete action on this
important public safety measure. Thank you for your thoughtful consideration of this legislation.
NP/rf
Attachment Comm. No •
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2001
Ref. Date