HomeMy WebLinkAboutCOM 0022.095 2004-2006 Pam Mizuno
PO Box 728
Pahala, Hawaii 96777
Phone 928-8978
February 11, 2006
Stacy K. Higa, Chair
And Council Members
Hawaii County Council
25 Aupuni Street, Suite 209
Hilo, Hawaii 96720
Re: Written Testimony In Opposition Of Bi114, Draft 6, Agenda Item For County
Council Meeting To Be Held On Wednesday, February 15, 2006
Dear Council Chair Higa ,and Council Members James Y. Arakaki, Pete Hoffinann, Fred
C. Holschuh, M.D., Bob Jacobson, K. Angel Pilago and Gary Safarik:
Please accept this letter as written testimony urging you to defeat Bi114, Draft 6 in its
current form. I am writing to you as a "Dog Fancier" that has participating in various
facets of the sport since 1977. 1 have trained, handled, and groomed multiple breeds of
purebred dogs, in addition to organizing AKC (American Kennel Club) licensed events,
and judging AKC sanctioned matches here, on Oahu, and Maui. Over the many years, I
have maintained membership in both the Orchid Island Dog Fancier Club, Inc. and the
Hilo Obedience Training Club, and was at one time a member of the Kona Coast Kennel
Club as well. These are the three organizations in Hawaii County, which are licensed by
AKC to hold competitive licensed and sanctioned events.
Although I am not in support of leash free dog parks, there are specific instances other
than hunting, where dogs must be allowed OFF LEASH in public facilities and private
school grounds to train and compete in Dog Shows, Obedience Trials, Rally Trials, and
Agility Trials. By not excluding these activities to the leash requirement, Bill 4, Draft 6
denies participants the right to continue to enjoy these sporting events. As it is now
written, Bill 4, Draft 6 reads:
Article 1. Administrative Provisions
Section 4-1. Definitions.
Paee 3
"Stray" means:
(2) any dog on a roadway, 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 six feet in length, and provided further
that this provision shall not be construed to permit that which is prohibited by
any other law; or
Cornet. No. Z ~ S
Ref. To; PrrN~rw
Ref. Co'e QT~1,t~ .
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Article 2. Dogs
Divsion 2. Leash and Confinement Requirements.
Section 4-9. Leash requirement.
PaEe 5
(a) No person shall bring or permit any dog in any roadway, County park, public or
private school ground, 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.
(b) Licensed dogs, when accompanied by and under the control of their owner,
while lawfully on public or private hunting grounds and engaged in the act of
hunting, will not be subject to the leash requirements, however, at all other
times, the dogs are subject to the requirements of this section.
These paragraphs would make it illegal for Hilo Obedience Training Club or Kona Cost
Kennel Club to continue training classes that have been historically held at public
facilities or private school grounds. In addition they would no longer be able to have
their competitive events at County facilities. (Obedience and Rally Trials are currently
held at Edith Kanakaole Stadium, Konawaena School, and Waimea Park in the past.)
Specifically, Hilo Obedience Training Club conducts Saturday morning classes in three
sessions, almost year round at St Joseph School. This has been going on for many yeazs,
and classes were previously held at Kapiolani School, Kalakaua Park, and the grass
parking azea at the Afook Chinen Civic Auditorium. This goes back to the 1960's.
These obedience classes fill a public need by providing education and guidance to
encourage well-behaved dogs and responsible dog owners. Classes are provided at a
minimal cost as opposed to private training.
One of the basic goals of obedience training is to be able to have a dog that will be
steady, responsive, and under full control of the owner or handler when OFF LEASH.
This is accomplished by teaching a dog to be controlled with either voice command or
hand signal. To accomplish this, the initial step is to utilize a "long line" (much longer
than six feet), with training culminating in a controlled dog working totally off leash.
Dog owners that train, participate, and compete in this type of training and dog shows
such as Obedience Trials, Rally Trials, and Agility Trails, are the most responsible dog
owners in our community. All of these events require the OFF LEASH training of our
canine companions. Why should we be penalized for being responsible dog owners?
My Labrador Retriever was recently used in a public service commercial filmed for the
Department of Environmental Management HI 5 program. I donated my time and his, to
train and have him photographed and filmed holding and retrieving various empty plastic
bottles and cans for this commercial. It was filmed at a public park, and had Bi114, Draft
6 been in place, we would not have been able to legally complete the filming as he had to
be OFF LEASH!
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The second section under Leash Requirement, allows for hunting dogs to be OFF LEASH
while hunting. Is it not fair to also allow dogs being trained for, or competing in AKC
(American Kennel Club) licensed or sanctioned events to be permitted OFF LEASH
while being trained or competing?
From my many years of personal experience, I know of many hunting dogs that get lost,
become strays, and add to dog overpopulation or animal shelter overcrowding. I have
never heard of one instance of a dog in training or competition that ran off and was not
immediately recovered.
The Ordinances of the City and County of Honolulu, provides an exception for dogs in
training or competition as follows:
Chapter 7 Animals and Fowl
Sec. 7-4.4 Applicability.
The provisions of this article shall not apply to:
(d) Licensed obedience trial, tracking and show dogs accompanied by their owner
and being trained or in competition in public parks or school grounds, provided
permission is first obtained from the proper park or school authorities for such
use; or
Maui County's Ordinance is as follows:
6.04.040 Animal regulations-general
A. An owner of a dog shall keep the dog under restraint, except the following;
3. A dog used during organized competitions, or during training for such
competitions, accompanied by its owner, and used with the consent of the owner of
the real property upon which the dog is used.
Kauai County no longer has AKC licensed or sanctioned clubs or events.
I would be very happy to support well researched, well-written legislation regarding
Animals, unfortunately Bill 4, Draft 6 appears to have been written by a person(s)
without the knowledge or experience necessazy to do the job right. In its current fonn,
this bill should not be adopted. There are many critical flaws in this draft that should
have been corrected before consideration to place this Bill on your agenda. Detailing
each one would be tedious and time consuming for both of us. I would like to point out
one additional crucial example:
Article 1. Administrative Provisions
Section 4-1. Definitions.
Paee 3
"Service dog" means a dog that has been or is being specially trained to aid
physically disabled persons with a physical disability other than sight or hearing
impaired.
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Service dogs are also trained to aid physically disabled persons with psychological
disabilities. They're also trained to aid psychologically disabled persons with
psychological disabilities. Limiting the definition of "Service dog" to the above would
effectively discriminate against persons with other than physical disabilities. The ADA
defines a service animal as any guide dog, signal dog, or other animal individually
trained to provide assistance to an individual with a disability. If they meet this
definition, animals aze considered service animals under the ADA regardless of whether
they have been licensed or certified by a state or local government. Also note that the
ADA definition is not limited to dogs, but allows for other animals.
In the past, I have personally lost valuable livestock to a neighbor's loose dog on multiple
occasions. I can assure you that I whole heartedly agree there is a need for more stringent
animal control laws, but Bi114, Draft 6 requires further scrutiny to identify items which
have been overlooked. For this reason, I ask that you please consider my testimony as I
urge all of you to vote against Bi114, Draft 6 at this time. I would be very happy to meet
with any of you to discuss this matter further.
Sincerely,
Pam izuno
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