HomeMy WebLinkAboutCOM 0022.091 2004-2006
!3013 .IACOl3SON ~Tr or ti~ Phonc No: (S08) 961-8263
Cou~~cil :!!ember ~'w Pax No: (808) 961-8912
I'.-Mail: .jacobsnhgea.org
jjaai(alco.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of7lu~~ui'i
llauai'i Counlp building
25 Aupuni S[reel, Stile ;09
Hilo, Hcrwai `i 96720
TO: Stacy K. Higa, Chair
Hawaii County Council
FROM: Bob Jacobson ~
Council Member
DATE: February 1, 2006
SUBJECT: Bi114 (Draft 6) to amend Chapter 4 (Animals), Hawaii County Code
This bill has an extended history and is the product of input from the community as well as
considerable collaboration among, and work by, staff from the Legislative Research Branch,
Council, and the Prosecutor's Office.
Bill 4 first went to the Public Safety and Parks and Recreation Committee in December 2004.
Draft 4 went to Council in February 2005, with recommendation for approval on first reading.
Bill 4, Draft 4, as amended by Draft 5 on February 16, 2005, was postponed by Council so as to
hold public hearings. Four public hearings were held in March 2005.
Given the comprehensive changes in both substance and layout of the proposed ordinance, Bill 4,
Draft 6, repeals the existing Chapter 4, Animals, and amends the Hawaii County Code by
adding a "new" Chapter 4, Animals.
Bill 4, Draft 6, and an outline of Chapter 4, as amended, are attached. A summary of key points
of Bill 4 follows.
The County is provided the option of contracting for animal control and care services with an
"animal care center" that is anon-profit, tax-exempt organization formed for the purpose of
prevention of cruelty to animals.
A spay-neuter special fund is established, into which all license fees, impoundment fees, and
kennel fees will be deposited. This fund shall also consist of monies from Council appropriations
and from grants and private contributions intended for the purposes of the chapter.
Comm. No, Z Z I
Ref. To: ~(31~1a
District G -Upper Puna, Ka`u, and South Kona Ref. Ua;e f t U
//awa9`i Counn~ /s ,1n EqunlOpportuniry Provider And h,-ntployer
All previous license fees, impoundment fees, and kennel fees are increased. A new reduced
license fee is established for dogs that have an implanted micro-chip by which the owner of a
dog gone stray can be identified. This is a direct outcome of the public hearings.
Most fines are standardized at "not less than $75 nor more than $1000;" with the exception of
violations regarding dangerous dogs, in which case fines are set at "not less than $200 nor more
than $ ] 000."
What constitutes a noisy dog violation, and the procedure for enforcement of the same, is
clarified. This remains the most onerous issue relating to animal control.
Powers of enforcement are broadened for officers authorized to enforce laws relating to the
regulation and control of dogs. Provision is made for deputizing livestock owners as special
enforcement officers to prevent attacks, not only respond after an attack, on their livestock.
This bill makes major progress in advancing animal control policy in Hawaii County, by
protecting public health and safety in the way animals remain in our community as well as in the
humane treatment of animals by the community.
Should you have any questions, please call me.
Att.
2
Bi114 D6
Outline of Proposed Amendment to
Chapter 4 -Animals
Article 1. Administrative Provisions.
4-1. Definitions
4-2. Reserved.
Article 2. Dogs.
Division 1. License Required
4-3. Dog licenses.
4-4. License fees.
4-5. Issuance of license and tags.
4-6. Proof of sterilization and micro chipping.
4-7. Licensing of strayed or stolen dogs
4-8. Reserved.
Division 2. Leash & Confinement Requirements.
4-9. Leash requirement.
4-10. Female dogs.
4-11. Reserved.
Division 3. Stray Dogs.
4-12. Seizure of dogs by officers.
4-13. Seizure of stray dogs by persons other than officers.
4-14. Redemption of seized dogs afrer sale.
4-15. Reserved.
Division 4. Noisy Dogs.
4-16. Noisy dogs.
4-17. Penalty for noisy dogs.
4-18. Reserved.
Division 5. Dangerous Dogs.
4-19. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties.
4-20. Complaint and summons or other form of citation; seizure; relinquishment of ownership.
4-21. Dangerous dogs may be slain.
4-22. Exemption.
4-23. Civil action not precluded.
4-24. Reserved.
Article 3. Farm Animals.
4-25. Farm animals shall be confined or secured.
4-26. Impoundment of farm animals.
4-27. Reserved.
Article 4. Animals.
4-28. Places prohibited to domesticated animals, including dogs and cats.
4-29. Defecation and nuisance prohibited.
4-30. Duty upon vehicles colliding with animals, including dogs and cats.
4-31. Cruelty to animals, including dogs and cats.
4-32. Injuring or poisoning animals.
4-33. Harboring, holding for reward, or licensing of strayed or stolen animals.
4-34. Reserved.
Article 5. Enforcement.
4-35. Enforcement.
4-36. Penalties.
4-37. Training; appointment; powers of enforcement officer.
4-38. Complaint and summons or other form of citation.
4-39. Failure to obey complaint and summons or other form of citation.
4-40. Issuance of complaint and summons or other form of citation; when.
4-41. Reserved.
Article 6. Dog, Cat, and Animal Pounds.
4-42. Pound established for dogs, cats, and other domesticated animals.
4-43. Direction, control, and administration of pound.
4-44. Control of pound by humane society or animal care center.
4-45. Power to seize and impound dogs, cats, and other domesticated animals.
4-46. Enforcement by enforcement officer.
4-47. Expenses and appropriations for the pound.
4-48. Agreement between County and humane society required.
4-49. Quarterly report required.
4-50. Transfer of facilities and equipment to Societies; reversion.
4-51. Indemnification to County.
4-52. Reserved.
Article 7. Spay-neuter Special Fund.
4-53. Spay-neuter special fund.
4-54. Reserved.
Article 8. State Law Reference and Severability.
4-55. Reference to Hawaii state law.
4-56. Severability.