HomeMy WebLinkAboutCOM 0022.001 2004-2006 BOB JACOBSON ~?•'~~'w'"'!try Phone: (808) 961-8263
Councilmember Fax: (808) 961-8912
E-Mail: Jacobs@hgea.org
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HAWAII COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street, Suite 209
Hilo, Hawaii 96720
f\
December 17, 2004
MEMO TO: Councilmember Bob Jacobson __j
and Members of the Hawaii County Council
FROM: David Kimo Frankel ~~.i-
RE: Bill 4, Draft 2, relating to Animals
Per your request, this office has reviewed Bill 4, amending Chapter 4, Hawaii County Code, relating to
animals. Upon review, it appeared that there were a several problems that needed to be fixed. Attached
for your review is Bill 4, Draft 2 with the suggested changes.
The bolded changes aze to highlight the differences between Draft 2 and the original bill and aze for
clarification purposes only. They will not be included in the printed version.
1. The following changes have been made to Section 4-1:
[(kj] ~ "At large" means on the premises of a person other than the owner of the dog,[er} other small
domesticated animal or farm animal without the consent of the occupant of the premises, or on a
] roadwav, or in any public place except when under the control of a
responsible person or an authorized representative of the owner.
~ "Animal control officer" means any employee of acounty-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
"[hxe~xee] enforcement officer."
(i) "Domesticated animal" means an animal which is tamed or housebroken and has been
adapted to live with human beines
(s) "Roadway" means any aublic or private street avenue road alley hiahwav. lane, oath, or
other place located in the County and established for the use of vehicular or aedestrian
traffic.
~B i ~ l ,.+,~`Dr, z~
Comm. No. ~Z'
Hawaii County is an Equal Opportunity Provider and Employer Ref. TO: 5 _
Ref. C~aa _ _
[(-r-)]~ "Stray" means:
(3) any dog on a roadway [lie-st+~}> on public or private school grounds, or in any other
public place, 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 provided further that this provision shall not be construed to
permit that which is prohibited by any other law; or
(4) a cat or other [small] domesticated animal wandering or running at lazge, or found upon any
roadway, public place or found not upon the lands of the owner or not under the charge or
control of one in possession.
(wl "Unlicensed dae" means any doe for which the license for the current year has not been paid
or to which the tae provided for in this chanter is not attached.
2. Section 4-2. Pound established for dogs, cats, and small domesticated animals.
There may be established pounds for the purpose of impounding, sheltering, and disposing of
unlicensed, lost, stray, homeless, unclaimed or diseased dogs, for the destruction or other disposition of
seized dogs, not redeemed, and for the sheltering and disposing of lost, stray, homeless, unclaimed or
diseased cats and other small domesticated animals in the districts of Ka`u, Hilo, Hamakua, Puna, Kohala
and Kona, County of Hawaii.
(1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2.)
3. Section 4-5. Enforcement by humane officer.
The humane society or animal care center with whom the County has contracted for services may
designate its employees who possess qualifications and training satisfactory to the County to serve as
[1lumane} enforcement officers to carry out the provisions of this article, chapter 143, Hawaii Revised
Statutes, and other provisions of this chapter which expressly authorize such [~awaee} enforcement
officers to take specific action by ordinance.
4. Section 4-7. Agreement between County and humane society required.
An agreement containing, but not limited to, the extent of services rendered or to be rendered by the
humane society or animal care center and methods of reporting and accounting shall be entered into
between the society or the center and the County before any payments may be made to the society or the
center under this chapter.
5. Section 4-9. Control of pound by humane society or animal care center.
Any humane society or animal care center charged with the responsibility of operating a pound
under a contract with the County shall have full and complete control over the administration,
maintenance and operation of the pound, subject to the powers reserved to the County under any contract.
Such society, or its employees, officers, directors and agents, shall not be viewed as an agent or employee
of the County due to the County's establishment and maintenance of controls to assure that public funds
distributed to the society or center are being spent for public purposes.
6. Section 4-12. Fees.
(c) A monies received by the director of finance under this article shall be paid into the eeneral
fund of the County of Hawaii
7. Section 4-13. Proof of sterilization.
Any person seeking to have his dog licensed at the sterilized dog rate must present a certificate from
a veterinarian licensed to practice [w+thin-Ehe-State] showing the description, age, and breed of the dog
and certifying its sterilization.
8. Section 4-14. Impoundment of animals.
(a) [f any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands,
private lands of another, or upon any [flxblie-Uighway roadwa in the County, any police officer or
enforcement officer may seize and impound such animal for such period of time as may be deemed
necessary; provided that reasonable attempts have first been made to notify the owner or keeper of the
animal to remove the animal.
9. Section 4-14.01. Confinement b~ fences.
(d) Anyperson violating any of the provisions in this section shall be punished by a fine of not less than
$75 nor more than $1000.
10. Section 4-] 5. Failure to remove animal; penalty.
In addition to the charges or damages in section 4-14 and 4-14.01, the owner of any animal which
trespasses, roams, strays, or grazes upon any public or private lands, or upon a [~uhlie-higkwey}
roadway in the County, if upon notice, fails to remove the animals within twenty-four hours thereof, shall
be guilty of a violation of this section and upon conviction thereof shall be fined not less than $75 nor
more than [$-199 ] 1000.
1 l . Section 4-16. Duty upon striking animals, including dogs and cats.
(c) Notify the police department or humane society or animal care center.
(d) There shall be a penalty of not less than $75 nor more than [$38] 1000 for each violation of
subsection (b) or (c) of this section.
An enforcement officer issuine a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date, a iudae will not be bound to the fine of $75.
12. Section 4-17. Cruelty to animals, including dogs and cats.
~ There shall be a penalty of not less than $75 nor more than [599] 1000 for each violation of this
section.
13. Section 4-18. Places prohibited to animals, including dogs and cats.
(c) There shall be a penalty of not less than $75 nor more than [$38] 1000 for each violation of this
section.
{dl An enforcement officer issuin¢ a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date aiudge will not be bound to the fine of $75.
14. Section 4-19. Defecation and nuisance prohibited.
(a) No person who owns, harbors, keeps or has chazge or control of any dog or other small domesticated
animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or commit any nuisance
on any part of any [ ]roadway, or on any
play area, pazk, or place where people congregate or walk, or on any public property, or on any
private property, without the permission of the owner of the property.
(c) There shall be a penalty of not less than $75 nor more than [$59] 1000 for violations of this section.
(d) An enforcement officer issuing a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date a judge will not be bound to the fine of $75.
15. Section 4-20. Seizure of dogs by officers.
(a) Seizure of Unlicensed Dogs.
(1) Every officer shall seize any unlicensed dog found running at large or found upon any [$ulrlie
] roadway, court, place, square, or grounds, or upon any unfenced lot, or
not within a sufficient enclosure, and confine it in a pound or any suitable enclosure for a
minimum period of forty-eight hours, during which time it shall be subject to redemption by its
owner by payment of the license due, if any, and an impoundment fee of [$I-9] $25. Every dog
found without a registration tag affixed to his or her collar will be deemed to be unlicensed.
(3) The owner of any unlicensed dog impounded and not claimed within forty-eight hours as
provided in this section, may redeem the dog at any time before sale or destruction by paying
to the humane society or animal care center, in addition to the amount of the license and
impoundment fee, the sum of [$3] 15 per day for the number of days over two days the dog
was impounded.
(4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be
paid to the director of finance of the County of Hawaii.
(b) Seizure of Licensed Stray Dogs.
(2) The officer shall notify the person to whom the license was issued, at the address given in the
license certificate, and shall, upon demand made within forty-eight hours thereafter, release the
dog to the person upon payment of an impoundment fee of [$-1-0] X15.
(3) If no person lawfully entitled to the dog shall, within seven days after the date of giving notice,
claim the dog, the dog may be sold or destroyed by the humane society or animal care center.
(4) The owner of any licensed dog impounded and not claimed within forty-eight hours may
redeem the dog at any time before the sale or destruction of the dog by paying to the humane
society or animal care center, in addition to the [$d-9] 25 impoundment fee, the sum of [ $5 ]
15 per day for the number of days over two days the dog was impounded.
(5) All impoundment and kennel fees collected by the humane society or animal care center in
any given month shall be deposited by the humane society or animal care center no later than
the fifth day of the following month with the finance director to the credit of the County of
Hawaii general fund account.
16. Section 4-21. Seizure of stray dogs by persons other than officers.
(a) Every person other than an officer as defined hereinabove who takes into possession any stray dog
shall within forty-eight hours notify the humane society or animal care center and release the dog
to the humane society or animal care center to be impounded and disposed of according to section
4-20.
(b) There shall be a penalty of {$1-9] not less than $75 nor more than $1000 for each violation of this
section.
An enforcement officer issuing a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date a iudee will not be bound to the fine of $75.
17. Section 4-23. Female dogs.
(c) A penalty of {$}8) not less than $75 nor more than $1000 shall be imposed upon the owner or
keeper of a dog for each violation of this section.
(dam An enforcement officer issuine a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date a iudee will not be bound to the fine of $75.
18. Section 4-25. [Noisy dog; procedure For abatement of nuisance.] Penalty for Noisy Dogs.
(a) A penalty of not less than $75 nor more than $1000 shall be imposed upon the owner or keeper of a
doe for each violation of this section.
(b) An enforcement officer issuing a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However if the fine is not paid by
the initial court date, a iudee will not be bound to the fine of $75.
19. Section 4-26. Harboring, holding for reward, or licensing of strayed or stolen dogs.
(a) Except as otherwise provided, no person shall harbor or hold for reward or procure a license for a
dog which has strayed from his premises or which has been picked up on a roadwav or [ethe¢]
public place unaccompanied by its owner or other person or which has been stolen from its owner.
(b) There shall be a penalty of [$-1-9] not less than $75 nor more than $1000 for each violation of this
section.
(c) An enforcement officer issuing a citation for a first violation of this section may set a fine of $75 to
be paid before the court date set in the complaint and summons. However, if the fine is not paid by
the initial court date, a iudee will not be bound to the fine of $75.
20. Section 4-27. Injuring or poisoning dogs.
(b) There shall be a penalty of [$~9] not less than $75 nor more than $1000 for each violation of this
section.
21. Section 4-29. Leash requirement.
~ No person shall bring or permit any dog in any roadwav. County park, public or private school
ground, [er}-airport, or in anv other public place unless it is held under control by a suitable leash,
not more than six feet long; provided, however, that dogs even under control by a suitable leash shall
not be allowed in any County beach park. [
(b) Licensed huntin¢ do¢s, when accompanied by and under the control of their owner, while
lawfully on public or private huntin¢ ¢rounds and en¢a¢ed in the act of 6untin¢. will not be
subject to the leash requirements, however, at all other times, the do¢s are subject to the
requirements of this section.
(d This section shall not apply to "Seein¢ Eve" do¢s or other do¢s necessarily utilized for the
benefit of handicapped persons or to do¢s used for purposes of law enforcement by law
enforcement a¢encies of the Federal, State or County ¢overnments.
(d) It shall be unlawful far the owner of anv do¢, whether the do¢ is licensed or not, to permit such
do¢ to become a stray.
22. Section 430. Penalty for permitting a dog to stray.
In addition to other penalties listed in this chapter, the owner of any dog which strays upon any
public lands or the private lands of another shall be fined [ns-feNew~] not less than $75 nor more than
1$ 000.
23. Section 431. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties.
(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 [ ° •--a°- 1A1 A ,e m ~ ,c ~_,Q te_~ai~ +a e
_ to prevent the dog from becoming a stray; and
(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):
(I) The owner shall provide the owner's name, address and telephone number to the [eexet~
' 1 appropriate humane society or animal care center ;
(3) The owner shall promptly notify the appropriate humane society or animal care center
( ] of:
(5) Unless already identified by microchip, the dog shall be permanently identified, at the owner's
expense, by injecting into the dog an identification microchip using standard veterinary
procedures and practices. The microchip identification number of the dog shall be provided to
the [ ]appropriate humane society or animal care center.
24. Section 4-31.1. Citation and summons; seizure; relinquishment of ownership.
a U on findin robable cause to believe that there has been ' ` " an
"attack" as defined in section 4-1(e), 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 is posing an imminent threat to human beings or to other animals
25. Section 4-32. Enforcement.
For any violation of any of the provisions of this article or of the provisions of chapter 143,
Hawaii Revised Statutes, it shall be the duty of any enforcement officer authorized to seize and impound
any dog running at lazge within the meaning of this article to issue a summons to the owner or other
person charged with the responsibility of complying with the provisions of this article or with the
provisions of chapter 143, Hawaii Revised Statutes.
26. Section 4-32.1. Training; appointment; powers of [hxn~aee] an enforcement officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes, [e
hamaee] an enforcement officer shall be authorized to issue a complaint and summons or other
form of citation as the finance director may deem to be appropriate to enable [s-huxrane] an
enforcement officer to carry out and to perform the duties of [a-hamnne] an enforcement officer
under this chapter and any contract between the County and a humane society or animal care
center.
(b) The finance director shall verify that a person designated by a humane society or animal care
center to serve as [s-Hamene] an enforcement officer is qualified and trained to serve in that
capacity. The finance director shall be empowered to establish minimum requirements for
qualification and training, which may be revised from time to time, provided that a copy thereof, and
of any revisions, shall be kept on file with the finance director's office thereof at all times. All
County agencies, officers and employees shall render their cooperation and assistance to the finance
director for purposes of this subsection (b).
(c) The finance director, upon verification of [e-kxn~ne] an enforcement officer's qualification and
training, shall issue an oath of office and identification badge or insignia to the [hurnwee}
enforcement officer.
(d) [~hafnane] An enforcement officer's appointment, power and authority shall be for a period of not
more than two yeazs unless the same is sooner terminated by the humane enforcement officer's
discharge as an employee of the humane society or animal care center or discharge as [a-fia~nwne]
an enforcement officer by the fmance director. The finance director may terminate and discharge [a
han~ane] an enforcement officer's appointment upon recommendation of the humane society or
animal care center of which the [han;aae] enforcement officer is an employee or upon a finding
by the finance director that the [humane} enforcement officer has failed to comply with the
minimum qualification and training requirements established for [hnmaae] enforcement officers by
the finance director.
(e) No proceeding for the appointment, termination or discharge of [humane] enforcement officers
shall be subject to laws governing civil service or public employees.
27. Section 4-33. Summons or citation.
u There shall be provided for use by officers authorized to enforce laws relating to the regulation and
control of dogs, a form of summons or citation for use in citing violators of the provisions of
chapter 143, Hawaii Revised Statutes. Said summons or citation shall be printed in a form
commensurate with the form of other summonses or citations used in modern methods of arrest, so
designed to include all necessary information to make the same valid and legal within the laws and
regulations of the State of Hawaii and the County of Hawaii. The form and content of such
summons or citation shall be as adopted or prescribed by the administrative judge of the district
courts.
In every case when a summons or citation is issued, the original of the same shall be given to the
violator; provided that the administrative judge of the district courts may prescribe the giving to the
violator a carbon copy of the summons or citation, and provide for the disposition of the original
and any other copies.
~ Every summons or citation shall be consecutively numbered and each cazbon copy shall bear the
number of its respective original.
28. Section 4-34. Failure to obey summons or citation.
It shall be unlawful for any person to fail to appeaz at the place and within the time specified in the
summons or citation issued to him by an officer for any violation of any section of this article, regardless
of the disposition of the charge for which he was originally cited. However, if the minimum oavmeut
set by the issuine officer is paid in full prior to the scheduled court date, then this section will not
29. Section 4-35. Issuance of complaint; when.
In the event any person fails to comply with a summons or citation given to such person or if any
person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall
forthwith have a complaint entered against such person and secure the issuance of a warrant for his arrest.
30. Section 4-36. Disposition of fines f~ and forfeitures.
All fines or fees paid prior to court date, and/or those fines and forfeitures collected upon
conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision
of this article shall be paid to the director of finance of the County of Hawaii and deposited in the
general fund of the County of Hawai `i.
31. Section 4-37. Reference to Hawaii state law.
In construing this chapter and providing for the control of animals in the County of Hawaii,
reference shall be made to the Hawaii Revised Statutes, including, but not limited to:
Chapter 142, part III, Hawaii Revised Statutes: Fences and Trespasses by Animals
Section 142-74, Hawaii Revised Statutes: Liability of dog owner; penalty
Section 663-1, Hawaii Revised Statutes: Torts, who may sue and for what
Section 142-96, Hawaii Revised Statutes: Frightening animals; penalty
ns 187 l~ l~l*, liesva~`i lEevised Statates• n_e.,....._......,, ,,e.......,,«:,..,.. ,.v.._vae:,.. ~
Section 142-97, Hawaii Revised Statutes: Wild cattle through street; penalty
Section 143 Hawaii Revised Statutes Animals: Licensin¢ and Reeulation
32. Re-alphabetizing and re-numbering of Sections as appropriate.
33. Bolding in the ramseyered corrections has been removed
If you have any questions, please feel free to contact me or Amy W. Miwa, Legislative Auditor
Assistant, at 961-8580.
Att.
DKF/awm