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February 14, 2005
To: Gary Safaric, Chairman, and Members of the Flawaii County Council
Subject: Hawaii County Bi114, Relating to Animal Control
Dear Chairman Safaric and Council Members:
My name is Richard Hoeflinger. I am the founder a~td president of Big
Island Gun Dogs, an organization dedicated to training upland bird hunting
dogs of the pointing breeds. I have trained and handled dogs in numerous
field trials and hunt tests, and have hunted game birds over these dogs for
over 50 years.
I am a past president of Ptg Hunters of Hawaii (2000-2002), and have held
leadership positions in Big Island Bird Hunters, and the Hawaii Hunting
Advisory Council. I chaired the state-wide Hawaii Hunting Forum in 2002. I
was appointed to the Pu'u Wa'awa'a Ahupa'a Advisory Council in that
same year, and continue to represent hunting interests with that body.
In 2001, I was invited by Mr. Flynn to meet with, and discuss animal control
issues from a hunting perspective with personnel from the National Animal
Control Association. I am in receipt of their subsequent report to the Hawaii
County Council dated September, 2001.
I recently reviewed Dratt 3 of Bi114, a Hawaii County Ordinance relating to
animal control I have discussed the subject draft with our membership, and
provide the following comments from our organization for your
consideration:
Li. 3 t
Comm. No.
Ref. To: -~re-~~e-~ete/-
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rao ~Y uo uri:uip Kicn.ar~5 Hoef'linger (80819'12-7324
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GEiv'ERAL COMMENTS:
Reference is made to the term "humane society" throughout the draft
document; specifically, on page 2, 10 times on page 3, I 1 tunes on page 4,
on page 5 and 6, 3 times on page 7, twice on page 9, on page 10, and twice
each on pages 1 1 and 12. ht most usage, 1t is followed by "or animal care
center". Use of both terms is redundant. Animal care center is the more
generic term in the context of the ordinance. Humane society expressed in
lower case has little specitic meaning; it could refer to almost anything.
Most references to the term "humane society" are associated with
organizations affiliated with the Humane Society of the United States. The
Humane Society of the United States is one of the most extreme anti-hunting
organizations in the country. It recently allied with another extremist group,
the Fund for Animals. Their combined budget is $g0 million, much of which
will be spent fighting hunters in an effort to end hunting in our country.
A few short years ago, the Hawaii Island Humane Society instituted a policy
that prohibited dog adoption to hunters, based on the anti-hunting agenda of
the Humane Society of the United States. In meetings with then Director
Fowler, it was confirmed that the HIHS preferred to euthanize animals rather
than adopt them out to hunters. It was only under threat of a hunter class
action discrimination lawsuit, and loss of Hawaii County financial subsidy
by Councilman Yagong, that subsequent Director Hashida reluctantly
rescinded the policy.
It needs to be clearly stated that we have no problem whatsoever with the
working staff of the Hawaii Island Humane Society. They have been most
helpful in the return of lost dogs to members of the hunting community. We
remain wary and vigilant however, with the HIHS administration, because of
its ties to the national organization, and influence of its anti-hunting agenda.
Because it is both redundant in the context of the proposed ordinance, and
raises concern within a significant segment of the Hawaii County
population, it is suggested that the stated references to "humane society" be
removed entirely from the draft document.
SPECIFIC COMMENTS:
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Feb 14 O5 08:O1p Richard Hoeflinger [8081982-7324 p.4
Section 1 -Would this not be more correctly stated as follows: "The purpose
of this measure is to increase County revenue to offset animal control costs
by amending Chapter ~l, ,Mimals, with increased fines, and authorization for
an animal care center to eonG•act with the county to provide services for
animal control and care." The purpose is to increase revenue. The means is
to amend the code.
Section 4-] (a) - There is no definition of animal in section 4-31 ('assuming
that is what 431 means)
Section 4-] (e) - Do you mean to limit the definition of "attack" to that of a
dog alone, and not include other animals?
Section 4-1(v) (11-Duplicates definition presented in subsection (w),
following page.
Section 4-1(v) (3) -Refers to lead 8 feet in length. Section 4-29(a); page 8,
refers to lead 6 feet in length. It is suggested that a consistent length of 6 feet
be used, since that is a common commercially available lead length.
Section 4-1(x) -I would add to the exception of vicious behavior, "...or
defending its owner, owner's property, or its own litter offspring".
Section a-18(b) -The generally accepted te11n for dogs that assist
handicapped persons is "Service Dugs".
Section 4-25(c) -1 know of no "obedience school" that can teach a dog not
to bark. The most common means employed to curtail barking is to fit the
dog with an electronic bark limiting device, usually contained in a neck
collar.
Section 4-27(b) -The penalty for intentionally poisoning a dog is grossly
inadequate. The value of a trained pure bred hunting dog would be in the
thousazlds of dollars, more if it was imported from the mainland. It is
questionable whether the fine indicated would even match the veterinary
charges the dog owner would incur if the animal survived. Any individual
who poisons dogs is not a stellar citizen of our community, and deserves
more severe pw~ishment than that indicated.
Section 4-29(a) - As suggested previously, change lead length to 6 feet.
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Feb 14 OS 08: 02p Rieh.arrJ Hoeflinger 18081982-7324 p,s
Section 4-29(b) -Remove the second word (hunting). There is a hunting dog
with a license, but no such thing as a licensed hunting dog.
Section 4-31(d) (5) - In the past, tattoos were the stlrldard for dog
identification. You may want to include prominent tattoos as an alternative
for microchips.
Section 4-31(fl -Needs clarification. The statement that an enforcement
officer has power of arrest may be inconsistent with section 4-1(i), which
states that only a police officer has such power.
Section 4-31.1(a~ -Same comment as preceding, regarding power of arrest.
Section 4-32 -Are hearings limited to the third circuit court?
DISCUSSION:
"The most serious concern with this draft document from a hunting
perspective is the large increase in the cost of licensing the number of dogs
that many hunters maintain. It is one thing to charge Fluffy's owner $25
every other year to license her pet, but something else to increase a hunter's
cost by $150 for the dogs in his kennels. Unreasonable demands invite
noncompliance.
Section 4-I(a) refers to dogs as "customa.ry pets, maintained solely for
persona] enjoyment and companionship". That may define Fluffy, but not a
hunting dog. Unlike a pet, hunting dogs are bred for, and expected to work
for their keep. In many homes on the Big Island, they put meat on the table.
It is recommended that the ordinance recognize the difference between
hunting dogs and pets, and suggest that the term "working dog" be used to
describe hunting dogs, cattle dogs, etc. It is further recommended that a
reduced fee schedule be established for such animals. These animals have
value, and rarely run free. They are not the cause of the problems that the
proposed ordinance is directed to correct. A valid hunting license or a
farmer's or rancher's business license might be nsed as proof of animal use.
[t is assumed that part of the cost of animal control involves animal and
owner identification. Installation of microchips should reduce that cost
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ren 14 u~ U~:u~p Kich.ard Hoeflinger (8081982-7324 p.g
element. Perhaps that cost saving could be passed on to those responsible
owners that install microchips in their animals.
The cost of implanting a microchip in a dog is in the range of $Z5. Hunters
have an investment in their animals, and vo~ant a lost: dog returned. It is
believed they would be receptive to chipping their dogs, particularly if it
resulted in reduced licensing fees. It would seem that such action would
benefit both the owner and the County.
RECOMMENDATION:
Several issues of concern have been identif ed in our review of the draft
ordinance. It is likely that others have similar, and/or additional matters that
should be aired before Council action is taken on the proposed bill. Most of
us are unable to participate in Council matters that are conducted during
normal business hours. It is recommended and requested that pudic hearings
be held throughout the island on this proposed ordinance, since, as proposed,
it will have a large financial impact on island residents. Such hearings
should be scheduled at times and locations that will enable maximum citizen
participation in such a significant change to current iaw.
Thank you for the opportunity to express our concerns in this matter.
Sincerely,
Richard Hoefl ger, Pre id
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