HomeMy WebLinkAboutBIL 004 Draft 03 2004-2006 crn=-,
COUNTY OF HAWAII ~ „ E~ STATE OF HAWAII
BILL NO. 4
Draft 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION),
ANIMALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1:
SECTION 1. The purpose of this measure is to amend Chapter 4, Animals, by increasing the
fines and permitting an animal care center to contract with the county to provide services for animal
control and care.
SECTION 2. Chapter 4, of the Hawaii County Code 1983 (1995 edition), is amended to read as
follows
[-`]Chapter 4
ANIMALS
Article I. Definitions.
Section 4-1. Definitions.
As used in this chapter:
(a) "Animals," unless provided otherwise, include but aze 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 solely for personal enjoyment and
companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of
property; animals exclude aviary game 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) "Animal care center" means an eleemosvnarv organization formed for the purpose of prevention of cruelri to
animals.
[(k~] ~ "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 {pc+k~ie
]roadway, 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"[humaste] enforcement officer."
[(~)](~"Attack" means aggressive physical contact with a person or animal initiated by the dog which may
include, but is not limited to, the dog jumping on, leaping at, or biting a person or animal.
[(e)] ~ "Bodily injury" means the same as that defined in section 707-700, Hawaii Revised Statutes.
[(#j] l.S) County animal control service" means the animal control services provider contracted by the county to
keep stray or unlicensed dogs.
[(-g)] "Dangerous dog" means any dog which, without provocation, attacks a person or animal. A dog's breed
shall not be considered in determining whether or not it is dangerous.
(i) "Domesticated animal" means an animal which is tamed or housebroken and has been adapted to live with
human beinQS.
[(h)](i1 "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.
[(~ij] "Farm animals" means pigs, [sews;] goats, sheep, horses, camels, cattle, mules, asses, and llamas.
[(-j~] (I)"Humane society" means any eleemosynary organization formed for the purpose of providing humane
care and treatment of dogs, cats and other animals.
(m) "Lawful Fence" means a fence as defined in section 142-61. Hawaii Revised Statutes.
[(k~] (>~"Negligently" shall have the same meaning as is ascribed to the term in section 702-206, Hawaii Revised
Statutes.
[(4)] "Owner" means any person owning, harboring or keeping a dog; provided that if the owner is a minor
under the age of 18 years, the parent, guardian or other person having the care, custody or control of the
minor shall be rebuttably presumed to be the owner. The person to whom the license was issued pursuant to
section 143-2, Hawaii Revised Statutes, shall be rebuttably presumed to be the owner of the dog for
purposes of this section.
(p~ "Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one
or more individual human beings.
(c~ "Poultry" means chickens, pigeons, turkeys, geese, ducks and peacocks not regulated by state law.
[(ej] "Provocation" means that the attack by a dog upon a person or animal was precipitated under
circumstances reasonably expected to evoke a vicious response from the dog, including, but not limited to,
the following:
(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 dog;
(3) The person attacked was tormenting, abusing or assaulting the dog;
(4) The dog was attacked by the animal;
(5) The dog was responding to pain or injury inflicted by the attacked person or animal; or
(6) The dog was protecting itself, its kennels or its offspring from the attacked person or animal and the
attack was committed on its owner's property.
(s) "Roadway" means any public or private street, avenue, road, alley. highway, lane, path, or other place
located in the Counri and established for the use of vehicular or pedestrian traffic.
"Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a
laceration requiring stitches, a concussion, or a tearing or rupture of an organ.
~ "Sterilized dog" means a spayed female dog and a neutered male dog.
~ "Stray" means:
(I) 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 roadway [{~H4i~st~eef}, 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
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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 [smell] domesticated animal wandering or running at large, 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.
(w] "Unlicensed dog" means any doe for which the license for the current year has not been naid or to which the
tam provided for in this chanter is not attached.
~ "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
tormented, assaulted, or otherwise abused by the victim of the vicious behavior.
Article 2. Dog, Cat, and Animal Pounds.
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. I; Am. 1975, Ord. No. 86, sec. l; Am. 1980, Ord. No. 510, sec. 2J
Section 4-3. Direction, control, and administration of pound.
Each pound shall be under the direction, control, and administration of the County, an animal care center, or
a humane society with whom the County has contracted for services which shall, in addition to the duties
provided in section 4-2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to
chapter 143, Hawaii Revised Statutes. The County may enter into contracts with more than one humane society
or animal care center to carry out the purposes of this chapter and chapter 143, Hawaii Revised Statutes.
Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals.
The County, animal care center or the humane society with whom the County has contracted for services,
shall be authorized to seize and impound any dog, cat, or other small domesticated animal, when such dog, cat, or
other small domesticated animal is a stray, and to dispose of such dog, cat, or small domesticated animal in
accordance with chapter 143, Hawaii Revised Statutes.
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 [l~+mene} 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 [humane} enforcement officers to take specific action by ordinance.
Section 4-6. Expenses and appropriations for the pound.
All expenses of seizing, impounding and disposing of stray dogs, cats, and small domesticated stray animals
shall be borne by the humane society or animal care center with whom the County has contracted to provide such
services. The council, however, shall from time to time make such appropriations to assist such humane society or
animal care center as in its discretion and judgment shall be deemed to be necessary to accomplish the
responsibilities which such humane society or animal care center may be required to perform under this chapter.
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.
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Section 4-8. Quarterly report required.
The humane society or animal care center, individually, shall render a full report of its activities, budget, and
operations relating to the impounding of stray dogs, cats, and other stray domesticated animals to the mayor and
council within one month after the end of each quarter in each fiscal year.
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.
Section 4-]0. Transfer of facilities and equipment to societies; reversion.
(a) The County administration is authorized to transfer facilities, equipment, and supplies, which were assigned
to pound operations, to the humane society or animal care center for use in pound functions in accordance
with section 6-3.3(k), Hawaii County Charter. The humane society or animal care center shall not sell,
exchange or dispose of the transferred facilities, equipment, and supplies without the written approval of the
council.
(b) Should any humane society or animal care center cease to operate or use such facilities, equipment and
supplies for its intended purpose for a period of sixty days, such facilities, equipment and supplies
transferred by the County for operation of the animal pound shall revert to the ownership and control of the
County.
(c) Should any humane society or animal care center terminate its contract for services with the County for any
reason, voluntarily or involuntarily, any equipment or supplies purchased by the society or center with
contract funds shall revert to the ownership and control of the County.
Section 4-11. Indemnification to County.
The humane society or animal care center with whom the County has contracted for services shall undertake
to indemnify the County, its officers, agents, employees, and successors, from any and all liabilities, losses or
damages the County, its officers, agents, employees, and successors may suffer as a result of claims, demands,
costs, or judgments against it arising out of the establishment, maintenance, and operation of the pound, or the
seizure, impoundment and disposition of dogs, cats and small domesticated animals, or any activity arising under
the contract or this chapter.
Article 3. Dog License Fees.
Section 4-12. Fees.
(a) The following fees are hereby established as biennial license fees for the privilege of owning, harboring or
keeping of dogs in the County:
(1) Sterilized dog ....................................................................................[$2:00] ]0
(2) Unsterilized dogs ...............................................................................[$6:00 25
(b) For purpose of this section a sterilized dog means a spayed female dog and a neutered male dog.
(c) All monies received by the director of finance under this article shall be paid into the general fund of the
County of Hawaii
Section 4-13. Proof of sterilization.
Any person seeking to have his dog licensed at the sterilized dog rate must present a certificate from a
veterinarian licensed to practice [vtithin-the-Mate] showing the description, age, and breed of the dog and
certifying its sterilization.
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Article 4. Prohibitions.
Division 1. Dogs, Cats, and Other Animals.
Section 4-14. Impoundment of animals.
(a) If any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands, private lands
of another, or upon any [p~Fie-higlwve}~ roadwa in the County, any police officer or enforcement officer
may seize and impound such animal for such period of time as may be deemed necessary; provided that
reasonable attempts have first been made to notify the owner or keeper of the animal to remove the animal.
(b) [f reasonable attempts to notify the owner or keeper of the animal are unsuccessful, if the owner or keeper is
unknown, or the owner or keeper refuses or fails to remove the animal after notice, the animal may be seized
and impounded by the police or any officer. The owner or keeper of the animal shall pay not less than [$S]
25 for each animal that is seized and impounded plus all additional costs incurred in the removal and
transportation of the animal, and all costs for the feeding and care of each animal, including, but not limited
to bona fide veterinary expenses. If any damage is done by the animals, the owner thereof shall pay to the
proper claimant the full amount of damage or loss occasioned by the straying of the animals.
(c) In case the charges and fees are not paid, or after forty-eight hours, in cases where the owners are unknown,
the animals may be sold at public auction, or disposed of by the chief of police or his authorized
representative.
Section 4-14.01. Confinement by fences.
(al All farm animals shall be confined within lawful fences and Bates properly secured, except in areas where
the law does not reouire fences.
(b) No person owning or havine in their custody farm animals shall intentionally, knowingly, recklessly, or
neeli¢ently, permit the same to eo at large, to the annoyance or injury of others, nor shall such farm
animals be permitted at large upon the streets or other public ways of the county. Such an action is
declared to be a nuisance and dangerous to public health and safety.
(cl In the event any_person owning or having in his custody farm animals shall permit the same to eo at lazg1
and in the event the premises of such owner or custodian lacks a lawful fence in og od repair, it shall be
prima facie evidence that such owner or custodian knowingly, recklessly or ne ]g igentlypennitted such
farm animal to go at large.
(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.
Section 4-15. 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 [pine-H+g~sy} 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 [ $IA9 ] 1000.
Section 4-16. Duty upon striking animals, including dogs and cats.
The driver of any vehicle which collides with or is involved in an accident with any animal, including dogs
and cats, shall:
(a) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately
(b) Have the animal's owner located, or
(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 ($39] 1000 for each violation of subsection (b)
or (c) 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 judee will not be bound to the fine of $75.
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Section 4-17. Cruelty to animals, including dogs and cats.
A person commits the offense of cruelty to animals, dogs and cats if he knowingly or recklessly:
(a) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes;
(b) Abandons any animal, dog or cat;
~ There shall be a penalty of not less than $75 nor more than [$309] $1000 for each violation of this section.
Section 4-I8. Places prohibited to animals, including dogs and cats.
(a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other
domestic animal, whether loose or on a leash or in restraint on or about any County beach park or any
establishment or place of business where food or food products are sold or displayed, including but not
limited to restaurants, grocery stores, meat markets, fruit or vegetable stores.
(b) This section shall not apply to "Seeing Eye" dogs or other dogs necessarily utilized for the benefit of
handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the
Federal, State or County governments.
(c) There shall be a penalty of not less than $75 nor more than [~59] 1000 for each violation of this section.
(dl 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.
Section 4-19. Defecation and nuisance prohibited.
(a) No person who owns, harbors, keeps or has charge 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 [~°°k ~^°'°a~°° ~:a°•••°"~ roadwav, or on any play area, park, 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.
(b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies between
and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops, provided that
the person who owns, harbors, keeps or has charge or control of a domesticated animal shall immediately
and securely enclose all feces deposited by the animal in a bag, wrapper, or other container, and dispose of
the same all in a sanitary manner.
(c) There shall be a penalty of not less than $75 nor more than [$39] 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 iudge will not be bound to the fine of $75.
Division 2. Dogs.
Section 4-20. Seizure of dogs by officers.
(a) Seizure of Unlicensed Dogs.
(1) Every officer shall seize any unlicensed dog found running at large or found upon any [puHlis-hig4~ay~
st+ee~-eNey] roadwav, court, place, square, or grounds, or upon any unfenced lot, or not within a
sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum period of forty-
eight hours, during which time it shall be subject to redemption by its owner by payment of the license
due, if any, and an impoundment fee of [$~9] 25. Every dog found without a registration tag affixed
to his or her collar will be deemed to be unlicensed.
(2) [f not so redeemed, the dog shall be sold by the officer for the amount of the license and impoundment
fee, or as much more as can be obtained therefor, and if not so sold, it shall be humanely destroyed.
(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 [$3]
15 per day for the number of days over two days the dog was impounded.
(4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid to
the director of finance of the County of Hawaii.
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(b) Seizure of Licensed Stray Dogs.
(1) Every officer shall seize and impound any licensed stray dog.
(2) The ot~icer shall notify the person to whom the license was issued, at the address given in the license
certificate, and shall, upon demand made within forty-eight hours thereafter, release the dog to the
person upon payment of an impoundment fee of [$~8] 25.
(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 [$-E9] 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.
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 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 iudae will not be bound to the fine of $75.
Section 4-22. Redemption of seized dogs after sale.
The owner of any dog which has been seized and sold as provided in this chapter may, at any time within
thirty days after the sale, redeem the same from the purchaser by paying to him the amount of the purchase price
paid by the purchaser and the sum of $5 per day for the number of days from the date of sale to and including
the date of redemption, plus bona fide veterinary expenses.
Section 4-23. Female dogs.
(a) Any female dog in season is not permitted to run at large or be off the premises of the owner or keeper
during this period except when being exercised on a leash by a responsible adult.
(b) At all other times, when any dog is in season such dog shall be confined within a building or enclosure in
such manner that she will not come in contact (except for intentional breeding purposes) with a male dog.
(c) A penalty of {$-18] 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.
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 judge will not be bound to the fine of $75.
Section 4-24. Noisy dogs.
(a) No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously or
incessantly for a period of ten minutes or bazks, bays, cries, howls or makes any other noise intermittently
for a period of twenty minutes within athirty-minute period of time to the disturbance of any person [eat-eny
a°-~ ^^a] between the hours of 5:00 a.m. and 10:00 p.m., regardless of whether the dog is
physically situated in or upon private property.
(b) No person shall keep any dog which barks, bavs, cries, howls or makes any other noise continuously or
incessantly for a period of five minutes or barks, bavs, cries, howls or makes any other noise intermittently
for a period often minutes within athirty-minute period of time to the disturbance of anvperson between
the hours of 10:00 p.m. and 5:00 a.m., regardless of whether the dog is Qhysically situated in or upon private
ro e
(~_A dog shall not be deemed a noisy dog for purposes of this section if, at the time the dog is barking or
making any other noise, a person is trespassing or threatening to trespass upon private property in or upon
which the dog is situated or for any other legitimate cause which teased or provoked the dog. Such action is
declared to be a public nuisance and detrimental to the public health and welfare.
(d) The provisions of this section shall not apQv to pounds as defined in section 4-2
Section 4-25. [ ] Penalri for Noisy Does.
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(a) A penalri of 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.
(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 judge will not be bound to the fine of $75.
(c) In addition to a monetary fine, a judge may also order an owner of a nois~g to attend obedience school
with the noisy dog
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 roadway 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, ajudee will not be bound to the fine of $75.
Section 4-27. Injuring or poisoning dogs.
(a) Unless otherwise provided by law, no person shall willfully or negligently injure or poison any dog.
(b) There shall be a penalty of [$-1-9] not less than $75 nor more than $1000 for each violation of this section.
Section 4-28. Dangerous dogs may be slain.
(a) If any dangerous, fierce, or vicious dog shall be found running at large and cannot be taken up or
tranquilized and impounded, such dog may be slain by any officer or agent authorized to perform any duty
under this chapter.
(b) Notwithstanding any provision to the contrary which may be found elsewhere in this chapter, where
livestock have been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of
such livestock or his agent, after being deputized as a special officer in accordance with the provisions of
section 4-5, may take any action necessary to protect his livestock from such dangerous, fierce, or vicious
dog, including, without limitation, slaying or otherwise disposing of the same.
Section 4-29. Leash requirement.
(a) No person shall bring or permit any dog in any roadway. County park, public or private school ground, [er}
airport, or in any 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. [
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(b) Licensed hunting does, when accompanied by and under the control of their owner. while lawfully on public
orprivate hunting_grounds and engaged in the act of hunting will not be subject to the leash requirements
however, at all other times, the dogs aze subject to the requirements of this section
(c) This section shall not apply to "Seeing Eve" dogs or other dogs necessazily utilized for the benefit of
handicapped persons or to dogs used for pumoses of law enforcement by law enforcement agencies of the
Federal, State or County~overnments.
(d) It shall be unlawful for the owner of any dog, whether the dog is licensed or not. to permit such dog to
become a stray.
Section 4-30. 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 `u~-rollvv:Si] not less than $75 nor more than $1000.
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(B)
Section 4-31. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties.
(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if 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 causing of serious injury to or the destruction of an animal; or
(2) bodily injury to a person.
A person convicted under this subsection shall be guilty of a petty misdemeanor and sentenced in
accordance with subsections (c), (d), and (e).
(b) For the purposes of this section, "reasonable measures to prevent the dog from attacking" shall include but
not be limited to:
(I) measures required rn , n , ~ , ~ , o r,, , n ~ ~n r~ zn
^_a n ~ ,.c to prevent the dog from becoming a stray; and
(2) any conditions imposed by the court for the training of the dog or owner or for the supervision,
confinement or restraint of the dog for a previous conviction under this section.
(c) A dog owner convicted under subsection (a) 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 chapter 706,
part II, Hawaii Revised Statutes;
(3) Restitution to any individual who has suffered bodily injury or property 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 [eery-animal
sen~elserv~ieel appropriate humane society or animal Gaze center ;
(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 humane socieri or animal care center [eni~nel--eentre4
sew+ee] of:
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(A) Any changes in the ownership of the dog 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) Any claims made or lawsuits brought as a result of further instances of an attack by the dog; or
(D) The death of the dog.
(4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawaii Revised Statutes, if the
dog is not currently licensed; and
(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 [seonty--eni~al
~iee] appropriate humane society or animal care center.
(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 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 years of age or older;
(6) When outdoors, the dog be attended and muzzled with a muzzle that prevents the dog from biting any
person or animal but does not cause injury to the dog or interfere with its vision or respiration;
(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 other recognized expert in the Feld;
(9) The dog be neutered or spayed at the owner's expense, unless the neutering or spaying of the dog 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 dog;
(I 1) The dog be humanely destroyed; or
(12) Any other condition the court deems necessary to restrain or control the dog. Far the purposes of this
subsection, an escape-proof kennel means a kennel which allows the dog to stand normally and without
restriction, which is at least two and one-half times the length 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 design 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 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).
Section 4-31.1. Citation and summons; seizure; relinquishment of ownership.
(a) Upon finding probable cause to believe that there has been ^ " an "attack" as
defined in section 4-1(el, 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. 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.
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(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 appeaz 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.
(e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary
relinquishment of ownership 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.
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 precluded.
Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action
against the owner of such dog pursuant to the applicable provisions of state law.
Section 431.4. 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.
Division 3. Enforcement.
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 large
within the meaning of this article to issue a summons to the owner or other person chazged with the responsibility
of complying with the provisions of this article or with the provisions of chapter 143, Hawaii Revised Statutes.
Said summons shall instruct such owner or person to report at the violations bureau of the respective district
courts of the third circuit. Each such owner or person may, within seven days after the receipt of such summons,
appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge
of the district courts, for appearance on the date as may be set for such person to appear before the district court.
Upon failure to appear upon such date, said bail bond shall be deemed forfeited.
(1986, Ord. No. 86-34, sec. 6J
Section 4-32.1. Training; appointment; powers of [huinexe] enforcement officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes, [a-Ha~eHe] an
enforcement officer shall be authorized to issue a complaint and summons or other form of citation as the
police chief may deem to be appropriate to enable [a-Ha+rteHe] an enforcement officer to carry out and to
perform the duties of [a-bu~r+ane] an enforcement officer under this chapter and any contract between the
County and a humane society or animal caze center.
(b) The police chief shall verify that a person designated by a humane society or animal care center to serve as [a
lwmane] an enforcement officer is qualified and trained to serve in that capacity. The police chief 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 police chiefs
office thereof at all times. All County agencies, officers and employees shall render their cooperation and
assistance to the police chief for purposes of this subsection (b).
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(c) The police chief, upon verification of [a-humeue] an enforcement officer's qualification and tmining, shall
issue an oath of office and identification badge or insignia to the [fie} enforcement officer.
(d) [ "r,~v.:,Sr,B] An enforcement officer's appointment, power and authority shall be for a period of not more
than two years unless the same is sooner terminated by the #~an~e enforcement officer's discharge as an
employee of the humane society or animal care center or discharge as [a-hu~r+ane] an enforcement officer by
the police chief. The police chief may terminate and discharge [a-Hn+uane] an enforcement officer's
appointment upon recommendation of the humane society or animal care center of which the [bumaoe]
enforcement officer is an employee or upon a finding by the police chief that the [bcunaAe} enforcement
officer has failed to comply with the minimum qualification and training requirements established for
[ha+~tene] enforcement officers by the police chief.
(e) No proceeding for the appointment, termination or discharge of [ltnmane] enforcement officers shall be
subject to laws governing civil service or public employees.
Section 4-33. Summons or citation.
~ 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
administrativejudge 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 carbon copy shall beaz the number of
its respective original.
Section 4-34. Failure to obey summons or citation.
It shall be unlawful for any person to fail to appear 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 chazge for which he was originally cited. However, if the minimum payment set by the issuing officer is
paid in full prior to the scheduled court date, then this section will not apply.
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.
Section 4-36. Disposition of finest 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 Hawaii.
Article 5. State Law Reference and Severability.
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 I[l, Hawai`i 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
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[ ]
Section 142-97, Hawaii Revised Statutes: Wild cattle through street; penalty
Section 143, Hawaii Revised Statutes Animals: Licensing and Re ulg ation
Section 4-38. Severability.
If any provision of this chapter is held invalid for any reason by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining provisions of this article."
SECTION 3. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL EMBE , C LINTY OF HAWAI`[
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
iEFEF;ENCE: Comm.
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