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HomeMy WebLinkAboutCOM 0022.099 2004-2006 Testimony Bi114, Draft 6 David R. Marshall Hawau County Council 15 February 2006 As of 12 February 2006, Bi114, Draft 6 was not posted on the county web site. Proposed legislation should be available for public comment. The Purpose of the legislation is not stated, other than to say that a section of the County code will be removed and replaced with another. What problem is being minimized or eliminated? What condition is being improved by the proposed legislation? I will attempt to address what 1 think the bill is attempting to accomplish. Article 1. Administration Provisions Section 4-1. Definitions "Abandon" would narrow the definition of the word to exclude "withdrawal of support in spite of duty" [believe "relinquish" is what's intended here. "Attack" includes "...dog jumping on..."which would include friendly dogs, very contrary to the intent of this definition. "Dangerous Dog" would therefore include a friendly dog. "Stray" paragraph 2, would limit use of private property and includes provisions, not definitions. The intent of paragraph 3 is covered under definition of "at large" "unlicensed" means without a license, not someone who's delinquent in paying a fee. Article 2. Dogs Division 1. License Required Section 45 Issuance of License and Tags Include the dog's microchip number. Section 4-7 Licensing of Strayed or Stolen Dogs If the intent of this section is to prevent licensing of stolen dogs, then it should say that no person may license a found dog without first surrendering the dog to the Humane Society or animal care center and all reasonable attempts to contact the owner have been made. Division 2. Leash and Confinement Requirements Section 4-9 Leash Requirement a) Control of a private school ground is an unreasonable limitation of private property rights. St. Joseph School is used on most Saturday mornings by the Hilo Obedience Club for socialization and training of dogs. HOC provides this valuable community service for very reasonable fees. Comm No. Z2• Ref. To; Pr R~f~ Dots Testimony Bi114, Draft 6 David R. Marshall Socialization is necessary to help prevent dog attacks. Such training requires a leash longer than six feet. In the interest of preventing dog attacks and minimizing the number of dangerous dogs, dogs should be allowed at specified beach parks on the Big Island. b) This section gives unfair special privileges to a small group. Section 410 Female Dogs a) During what period? Division 3. Stray Dogs Section 412 Seizuu~e of Dogs by Officers a) 2) should read "...may be sold..." and "...may be humanely destroyed..." b) should read "...may seize..." Section 413 Seizure of stray Dogs by persons Other Than Officers Delete "to be impounded and disposed of according to section 412" This is an action of the Humane Society, not the person taking the stray into possession. Division 4. Noisy Dogs c) Add "a dog at large is on the property" Division S. Dangerous Dogs How, why, when, and by whom is a dog determined to be dangerous? Section 4-19 Regulation of Dangerous Dogs; Prohibited Acts; Conditions on Owner; Penalties e) When does this happen? f) Combine (2) and (3) f) 12) Dces this mean that the length of the kennel shall be two and one-half times the length of the dog? Section 421 Dangerous Dogs May Be Slain a) How, why, when, and by whom is a dog determined to be dangerous? This section should apply only when there is an overt, imminent threat to persons and the dog has an established history of aggression. b) This would give discretion and absolution to a livestock owner who wanted to terrorize, threaten, or seek retribution against a neighbor. The livestock owner could be wrong. The dog would be dead and the owner have lost a valuable family member. Bad idea. Testimony Bi114, Draft 6 David R. Marshall Article 4. Animals Section 428. Places Prohibited to Domesticated Animals, Including Dogs and Cats. In the interest of preventing dog attacks and minimizing the number of dangerous dogs, dogs should be allowed at specified beach parks on the Big Island. Section 429. Defecation and Nuisance Prohibited This is unrealistic, but owners should be required to pick up after their dogs. Article 5. Enforcement Section 435. Enforcement What is the duty of the officer? To issue a complaint? Section 437 'It~aining; Appointment; Powers of Enforcement Officer e) Why was this section added? Why is it necessary? Section 4-44. Control of Pound by Humane Society of Animal Care Center Add except where there is conflict with existing law..." Section 4-45. Power to Seize and Impound Dogs, Cats, and Other Domesticated Animals Add after all reasonable attempts have been made to contact the owner of the animal and to offer the animal for adoption..." Section 4-46. Enforcement by Enforcement Officer Add paragraph: Such deputized officer shall be held liable for pain and suffering of the injured or dead anima{'s owner when the attacking animal has not been declared a dangerous dog. Section 4-51. Indemnification to County This is wrong, and l don't think this is possible, but what form would the indemnification take? An insurance policy? To what limits? The cost to indemnify would increase the cost of doing business to the Humane society, which would have to be considered in contract negotiations. Testimony Bill 4, Draft 6 David R. Marshall Summary Hawaii County needs legislation to protect people from dangerous animals and animals from abusive people. Bill 4, Draft 6 is not this legislation. The bill is a hodgepodge of ideas without a defining central purpose. Is it a vicious dog provision? A leash law? A noise abatement provision? Permission for the county to contract with the Humane Society? In each of these many areas it tries to address a multitude of unasked and unanswered questions. Are noisy dogs inherently worse that noisy chickens? Should laws regarding dog confinement allow tying with short leads (a known method of causing a dog to become territorial). Is dog feces worse than cat feces? Are hunting dogs off leash safer than off leash AKC obedience trained dogs? Poor solutions to problems just make matters worse. Vote no on bi114. Draft new bills with defined purposes where solutions relate to the problem.