HomeMy WebLinkAboutCOM 0022.013 2004-2006 Statement of Catherine I). Killam 1
February 1, 2005
Comm. 22 (Bill 4) AN ORllINANCF, AMF,ND[NC CHAP"fER 4 OF THE
IIAWAI'1 COl1N'I'Y CUI)h: 1983 (1995 El~lllON) RI~:Ln'f'INU fU ANIMALS
My name is Catherine Killam. I last testified before this council as an officer of the Board
of Directors of the Hawaii Island humane Society (HIHS) both betbre and after the
NACA Evaluation. While 1 am no longer on their board, 1 ;iu~ the Pounder ant 1'resident
of fat-Care, a 501(~c13 nonprolit Pounded Ibr the p3evcnU~m of cruelty ofanimals. I aLtiu
coonlmated Paw, Across Hawaii, a program oP Cat-Care which was un effort to unite all
Big Island anirnal welfare groups to work together for the benefit of our animals.
I have several concerns and suggestions regarding Bill 4; specifically, animal cruelty
detnition and penalties, and the lack of a holding period for cats aimed into the hwuune
society.
Animal Cruelty Concern
I. Definition
The definition of animal cruelty is very confusing and a person has to read both the state
statute and several sections of the county ordinance in an anempt to determine what
constitutes animal cruelty in the County of Hawaii.
As HIHS only charges tinder the state statute for Animal Cruelty, couldn't that definition
of ~ r,iclly he included or relerenced in the Chapter 4. In addition, Section 4-17 also hay
tw~~ other act, ~~hich arc considered animal cnielty that of abandonment and animal
gi~~cii u~~a~~ us prizes. If I III~IS unl~ charges uudcr the state siauue d~x•s that rncan thtil
Section 4-17 is never charged or prosecuted?
Section 4-27 Injuring or poisoning dons. Why wouldn't this section also be considered
~mimal cruelq.
There is a lot of confiision regarding this issue. Wouldn't it be less confusing to state:
"Cruelty to animals" means the same as that defined in Section 711-1109, Hawaii
Revised Statutes. "fhe definition of cruelty ru animals also includr~s the abandunmen!
of any animal, clog or cat or the };wing away an animal, dog ur cat, or animals, dins
or cats, as a prize or prizes."
Or include the actual offenses.
"Cruelty to animals" means the same as that defined in Section 7I 1-] 109, Hawaii
kievised Statutes. Cruelty to animals. Specilically.
(1) A person commits the offense oPcruelty to animals ii the person intentionally,
knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, cruelly beats or starves any a~timal, or
causes ur procures the overdriving, o~~erloading. torture, un~mcnt, cruel beating ur
s;a;~~in~~ oC.u:, ;utiuci!. ~~r deprives a p~ ~ :~niiual ul~ necessur~ ,usteuanee nr ruts: s >.;c!t
Comm. No. Z 2.13
Ref. 70: re~eriN
Ref. Uate ~
Statement of Catherine D. Killam 2
February 1, 2005
Comm. 22 (Bi114) AN ORDINANCE AMENDING CHAPTER 4 OF THE
HAWAII COUN"fY CODE 1983 (1995 EDITION) RELATING TO ANIMALS
deprivation;
(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or
other pests;
(c) Keeps, uses, or in any way is connected with or interested in the management of, or
receives money for the admission of any person to, any place kept or used for U~~e purpose
oC lighting or baiting any bull, bear, dog, cock, or other animal, and every person who
encourages, aids, or assists therein, or who permits or suffers any place to be so kept or
used;
(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any
animal in a cruel or inhumane manner; or
(e) Assists another in the commission of any act of cruelty to any animal.
The definition of cruelty to animals also includes
(t) Abandons any animal, dog or cat or
(g) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes;
2. Penalties
Except for the penalty for vicious dogs, penalties for most violations such as
abandonment, injury to or poisoning, an animal, barking, straying, defecating, nuisance,
taking a anim~d to a prohibited places are ueuted equally with the penalty of not less than
$7ti.00 nor more than $ I ,000.00. 7'o equate cruelty as the same as barking etc,
undermines the seriousness of animal cruelty.
Fines should be higher for animal cruelty or at a minimum match or exceed the fine
for a dangerous dog see Section 4-31 which is a fine of not less than $2110 nor more
than $2,0110.00
The bigger picture is being missed. This is a possible scenario based on how this
ordinance is curently written. Your neighbor's dog seriously injures your dog. Your
neighbor can be fined a minimum of $200 to a maximum $2,000, charged with n petty
misdemeanor, face imprisonment 1br 30 days or 6 months probation. See (Section 4-3 1
Dangerous Dogs). However, if instead your neighbor injures or poisons your dog himseN"
than he would only be fined the minimum of $75 to a maximum of $ L000. (Section ~t-
27 fujurinb or poisoning dogs). That doesn't make sense!
Clarification of statement referenced in Sections 4-18(d), 4-19(d), 4-21 (3)(c), 4-23(d)
4-25(d) "a judge will not be bound to the tine of $75.U0.
I have a concern over the wording "a judge will not be bound to the fine of $75.00. What
is nc~ intended result? Does That mean [hat a judge can waive even the mininnun 6ne? Is
the intention to allow a judge to tine more than the minimum or waive even the
nuninnun'? Wouldn~t this statement seem clcure.r. "A judge will nol suspend or be bound
to the minimum tine of $75.00.
Statement of Catherine D. Killam 3
February 1, 2005
Comm. 22 (Bill 4) AN ORDINANCE AMENDING CHAPTER 4 OF THE
HAWAI'1 COUh'"fY CODI? 1983 (1995 G[~)11'ION) RI:LA'C1NG'f0 ANIMALS
No Holding Period for Cats.
There is no minimum holding period for cats similar to Section 4-20 regazding seizure of
dogs. Phis was an area oC concerned address in the NACA Report. The Study '1'e1m
expressed that this was the first time in their evaluations in which local or state law did
not require a holding period for cats. 'T'hey recommended the same holding period [ur
dogs.
I've attached the page from the NACA Report referencing their recommendation. Also a
copy of Ilawaiian Flumane Society's holding period for cats. HIHS is considered a
"quasi-public" organization and is subject to the same constitutional requirements as any
other government agency and thus must respect a pet owner's due process rights. Cats
retain the same emotional value for a pet owner as a dog does. Due to the large number of
cats received by llll IS, a minimum holding period should definitely be applied to anc cat
that has any form of identification, collar, microchip or "notched ear". This would
certainly motivate people to microchip and pal identiiicauon on their cats thus ulsv
reuniting many cats with their owners and decreasing the number of cats euthnnizcd
Word substitution for "eleemosynary"
Substitute the word "charitable" for "eleemosynary" in the definition for Animal Care
Center and I lumanc Socieh~ referenced ih the definitions. Why use words that require
the average person to consult a dictioil<vy? Animal Care Center could further be defined
ss "a charitable organization which is recognized under Section 501(c)3.
CONCLUSION
Changes to Chapter 4 have been needed for many years. As it stands now it only appears
n> ina~ease the fines !i~om $~0 to $75 while not addressing some metjur and confusinE~
issue,. 11 we are going to make needed changes, let's make the best changes possible;. as
wey may not revisit This Chdinance again for another 10 years.
(hank you.
Attachments:
1. Page 4-17 ofNACA Evaluation regarding holding period for cats.
Pu;~e 10 of Rccised Ordinances of I lonohilu regarding holding period fur cats.
_ '1
,npounded stray dogs are held for a minimum of 48
hours. excluding those days in which the impounding ~ .
shelter ~s closed Impounded stray cats are not legally ' t.t~i ~ ~
required to be held for any minimum period of time. w~ -
~wned dogs and cats are typically held a minimum of _I,
7 days. then placed up for adoption ar destroyed rf
unclaimed (current policy requires o~mner notification, by
phone or letterl, The Study Team fell that the average
holding time for stray dogs and cats is unusually short ~
and is not consistent with other Animal Control
agencies. In the Study Team's experience, holding
times are usual{y based upon the "72-Hour Rule", in
which impounded animals are held for a minimum of 72
hours, and can he adopted or puthanised on the 4'^ day
of im~d~--- -r__.._._._.
I This is the first time in any NACA evaluation it which
local or state law did not regwre a holding period for Waimsa Cat Ards ~ ,
cats.ln several States, cats and dogs are considered
I "property" and retain some monetary and emotional value for the pet owner. The Study
'1 Team would caution HIHS on its continued practice of immediately euthanizing some
~ incoming cats (for temperament, lack of space, etc.). Since HIHS can be considered a \
°quasi-public" organ~ration when acting in an official capacity, the agency is subject to the
1\\ same constitutional requirements as any other govemment.agoncy and thus must respect
a pet o~a~ne~'s due process rights. AS with any loss piece of property recoveretl by an official
r 1 govamment agency such pmperty must oe held for any potential claim by its rightful
i ov.~ner. A!thnugh local ar state laws do net regwra the cat balding period, the Study Team
fears that any challenge by citizens of the current policy may place HIHS in an
uncomfo-table ;fab~lity) position. In short. the Study Team would recommend the same
i 'I twldiny period
for. bath doffs and cats, regardless of current legal requirements.
r I
¢ ' ~he date o~ adoption availability is the day after the loyal imaound time expires, which is
F ~ dependant open the type of animal (s~ncE the balding penaas for dogs and cas are rot the
aamej. HIHS also accepts anin that are ne longer wanted by fneir owners. Unclaimed,
tte13`as long as they
siether
pa-ce~,~_y__~
The maximum ienyth of time an animal may stay at the shelter varies. The length of the
1 stay ~s dependant upon space available at the shelter, t^e temperament and health of the
1 animal, and interest expressed py the put;lic.
N Health assessments begin when an animal is first handled by held and kennel workers. A
"quick" physical inspection is given tc all incoming animals. If the staff recognizes a
problem, the Animal Health Technician, Shelter Manager or Staff Veterinarian provides
further examination. Special instructian is given to workers regarding disease recognition.
shhelter Gparations 4-17
r' ~ ^Ct1 G i/!- ~44fi On
- :~~,.~„~a~£,
.evised Ordinances of Honolulu
J~
~o of ~g
Sec. 7.6.3 dwner--Exeepti°n,
"Owner" means any person owning, harboring or kee in
sustenance for a cat, whether registered or not, or Navin p g' °r
temporarily or pe.-ntanent! providing care yr
the animal cimtral co. y' This definition shag not a g custody of a car, whether
and: ~tracior of the cat at large that th cpey to any l~rson who hac notified
P rson has iakrn into possession
t 1) Whn is or Will be transporting the rat in the anima! control contractor; or
(7) Who has made atrangemcros with the anima! control t:omractor to have the cat
picked up by the anima eontrol contractor,
~ (Added by Otd, g5_21- Aar. Ord. 02-54}
i
' ~SGC• 7-6.4 Removal of eat identification.
It shall be 1mlawful for any person other than an officer of or a person authorized by the
anima] control contractor to remove any identification from any cat not owned by the
person, (Added by Ord. 45-21; Am-Ord. l)2-54)
Sec. 7-6.5 Cats released t° the animal control c°ntracton
(aj Any person who takes into the person's possession any cat at large shall immediately
notify the animal conVOl Contractor and shall release the cat to the animal control contractor
upo!t request.
(b} Tn the case of any cat released tp the atllrnal control contractor wearing an
identification, the animal control contractor shalt make a reasonable attempt to notify the
owne; by telephone, and shall send written notice to the owner. 715e cat shall be held by the
animal control contractor for not less char. nine days, after which time the animal control
contractor may return the cat tomperson who~dreleased the cat to the etyma! control
contractor, offer the cat for adoption, or euthatlize the tat, if not sooner recovered by the
owner. An owner wishing to recover the cat shall pay a daily impoundment fee of $2 50 for
each full day, or fraction thereof, that the cat is held by the animal control contractor.
(c) In the case of any cat released to the animal control contractor not wearing an
idemificati°n, the animal control contractor shall hold the cat for not less than 48 hours,
after which time the animal control contractor may return the cat to the person whp had
released the cat to the animal control contractor, pffer the cat for adoption, or euthanize the
~3t, if not sooner recvv-red by a person claiming ownership. If a person claiming ownership
srcks to recover the cat, the person shall pay a daily impoundment fee of $2.50 for each furl
day, or fraction thereof, that the cat is held at the animal control Contractor.
~(d) ,\ny cat released to the animal control contractor with a "notched ear," indicative of a
~sterili2ed feral cat, shall beheld at the animal control ccntractor for not less than nine days
after which time the animal control eoniractpr may return the Cat to the perspn who t'F~ad-- ~
released the cat to the animal control contractor, offer the cat for adoption, or euthanize the
cat, if' not sovner recovered by a persor, claiming ownership. If a person claiming ownership
seeks ro recover the cat, the person shall pay a daily impoundment fee of $2.Si) for each full
day, or fraction thereof.. that the cat is held aT the animal cotarol contractor.
(e) I£a cat released to the animal control contractor is not recovered by the owner, the
perso, who had released the cat to the animal control contractor shall have the right of first
refusal I'or permanent custody and ownership of the cat.
(Added 6}• Ord. 95-21; .Am. Ord. 02-~4)
Sec. 7-6.b Sterilization of cars.
!t shall be unlawfu{ fpr a cat owner to allow a cat over [he age of six months to be at large
unless the cat has been sterilized by a veterinarian. (A(lded by Ord. 95-21)
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