HomeMy WebLinkAboutCOM 0022.116 2004-2006 BOB JACOBSON tv o. Phone No.: (808) 961-8263
Council Member w ,...~y Fax No.: (808) 961-8912
E-Mail: jjaco@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii County Building
25 Aupuni Street, Suite 109
Hilo, Hawai `i 96720
TO: Chair Stacy Higa and Members of the Hawaii County Council
FROM: Bob Jacobson
Council Member and Chair, Public Safety and Parks and Recreation Committee
DATE: March 29, 2006
SUBJECT: Animal Legislation
Pursuant to a motion made, duly seconded and unanimously approved by the Public Safety and
Parks and Recreation Committee on March 21, 2006 to review and deliberate Bi114, Drafr 6 by
increments, at the April 4, 2006 meeting of the Public Safety and Pazks and Recreation
Committee the following Articles in the proposed new Chapter 4 will be considered: Article 5,
relating to Enforcement; Article 6, relating to Dog, Cat and Animal Pounds; and
Article 7, relating to Spay-neuter Special Fund.
The agenda for the April 4, 2006 meeting of the Public Safety and Pazks and Recreation
Committee has been approved and published, reflecting the above action.
Attached, for discussion, are drafrs of the three articles to be discussed, based on Bill 4 (Drafr 6).
Changes, drawn from input of Council testimony, are in ramseyer format.
Should you have any questions, please call me.
att.
BJ/jw
Comm. No. Z Z.
Ref. To:prasee!a~
District 6 -Upper Puna, Ka`u, and South Kona Rif, Ua'~ i~
Hawaii County /s An Equal Opportunity Provider And Emp(ayer
Article 5. Enforcement.
Section 4-36. Enforcement.
For any violation of any of the provisions of this chapter, or of the provisions of chapter 143,
Hawaii Revised Statutes, it shall be the duty of any enforcement officer authorized to seize and
impound any [a°~ in accordance with this chapter and to issue a complaint and
summons or other form of citation to the owner or other person chazged with the responsibility of
complying with the provisions of this chapter, or with the provisions of chapter 143, Hawaii
Revised Statutes.
Said complaint and summons or other form of citation shall instruct such owner or person to
report at the violations bureau of the respective district courts of the third circuit.
Each such owner or person may, within seven days after the receipt of such complaint and
summons or other form of citation, appear at such violations bureau and post a bail bond, in such
amounts as may be set by the administrative judge of the district courts, for appearance on the
date as may be set for such person to appear before the district court. Upon failure to appear
upon such date, said bail bond shall be deemed forfeited.
Section 4-37. Penalties.
Except as otherwise provided, there shall be a penalty of not less than $75 nor more than
$1,000 for each violation of this chapter. An enforcement officer issuing a citation for a first
violation of this chapter may set a fine of $75 to be paid before the court date set in the complaint
and summons or other form of citation. However, if the fine is not paid by the initial court date, a
judge will not be bound to the fine of $75.
Section 4-38. Training; appointment; powers of enforcement officer.
(a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes,
an enforcement officer shall be authorized to issue a complaint and summons or other form of
citation as the police chief may deem to be appropriate to enable an enforcement officer to
can•y out and to perform the duties of an enforcement officer under this chapter and any
contract between the County and a humane society or animal caze center.
(b) The police chief shall verify that a person designated by a humane society or animal care
center to serve as an enforcement officer is qualified and trained to serve in that capacity.
The police chief shall be empowered to establish minimum requirements for qualification
and training, which may be revised from time to time, provided that a copy thereof, and of
any revisions, shall be kept on file with the police chiefs office thereof at all times. All
County agencies, officers and employees shall render their cooperation and assistance to the
police chief for purposes of this subsection.
(c) The police chief, upon verification of an enforcement officer's qualification and training,
shall issue an oath of office and identification badge or insignia to the enforcement officer.
Drajt for consideration by the Public Sajety and Parks and Recreation Committee, 4/14/1006
(d) An enforcement officer's appointment, power and authority shall be for a period of not more
than two years unless the same is sooner terminated by the enforcement officer's discharge
as an employee of the humane society or animal care center or dischazge as an enforcement
officer by the police chief. The police chief may terminate and discharge an enforcement
officer's appointment upon recommendation of the humane society or animal care center of
which the enforcement officer is an employee or upon a finding by the police chief that the
enforcement officer has failed to comply with the minimum qualification and training
requirements established for enforcement officers by the police chief.
(e) No proceeding for the appointment, termination or discharge of enforcement officers shall
be subject to laws governing civil service or public employees.
Section 4-39. Complaint and summons or other form of citation.
(a) There shall be provided for use by officers authorized to enforce laws relating to the
regulation and control of animals, a form of complaint and summons or other form of
citation for use in citing violators of the provisions of chapter 143, Hawaii Revised Statutes
and this chapter. Said complaint and summons or other form of citation shall be printed in a
form commensurate with the form of other complaints and summonses or other forms of
citations used in modern methods of arrest, so designed to include all necessary information
to make the same valid and legal within the laws and regulations of the State of Hawaii and
the County of Hawaii. The form and content of such complaint and summons or other form
of citation shall be as adopted or prescribed by the administrative judge of the district courts.
(b) In every case when a complaint and summons or other form of citation is issued, the original
of the same shall be given to the violator; provided that the administrative judge of the
district courts may prescribe the giving to the violator a copy of the complaint and summons
or other form of citation, and provide for the disposition of the original and any other copies.
(c) Every complaint and summons or other form of citation shall be consecutively numbered
and each copy shall bear the number of its respective original.
Section 4-40. Failure to obey complaint and summons or other form of citation.
It shall be unlawful for any person to fail to appeaz at the place and within the time specified
in the complaint and summons or other form of citation issued to such person by an officer for
any violation of any section of this article, regazdless of the disposition of the charge for which
such person was originally cited. However, if the minimum payment set by the issuing officer is
paid in full prior to the scheduled court date, then this section will not apply.
Section 4-40. Issuance of complaint and summons or other form of citation; when.
In the event any person fails to comply with a complaint and summons or other form of
citation given to such person or if any person fails or refuses to deposit bail as required and
within the time permitted, the violations bureau shall forthwith have a complaint and summons
or other form of citation entered against such person and secure the issuance of a warrant for
such person's arrest.
Orajt jar consideratian by the Public Sajety and Parks and Recreatian Committee, 4/24/2006
Section 4-42. Reserved.
Article 6. [ ]Animal Pounds.
Section 4-43. Pound established for [a°°°, °°a domesticated animals.
There may be established pounds for the purpose of impounding, sheltering, treating, and
humanely disposing of unlicensed, lost, stray, homeless, unclaimed or diseased dogs, and for the
sheltering, treating, and humanely disposing of lost, stray, homeless, unclaimed or diseased cats
and other domesticated animals in the districts of Ka`u, Hilo, Hamakua, Puna, Kohala and Kona,
County of Hawaii.
Section 4-44. Direction, control, and administration of pound.
Each pound shall be under the direction, control, and administration of the County, an animal
care center, or a humane society with whom the County has contracted for services which shall,
in addition to the duties provided in section 4-42, feed and shelter the °°a
domesticated animals in their care pursuant to chapter 143, Hawaii Revised Statutes. The
County may enter into contracts with more than one humane society or animal care center to
carry out the purposes of this chapter and chapter 143, Hawaii Revised Statutes.
Section 4-45. Control of pound by humane society or animal care center.
Any humane society or animal care center charged with the responsibility of operating a
pound under a contract with the County shall have full and complete control over the
administration, maintenance, and operation of the pound, subject to the powers reserved to the
County under any contract. Such society or center, or its employees, officers, directors, and
agents, shall not be viewed as an agent or employee of the County due to the County's
establishment and maintenance of controls to assure that public funds distributed to the society or
center are being spent for public purposes.
Section 4-46. Power to seize and impound [ ]animals.
The County, or an animal care center or humane society with whom the County has
contracted for services, shall be authorized to seize and impound any ra°,.
domesticated animal, when such ra°^ animal is a stray, and to
humanely destroy such ra°°, a°~°°'~°°`°a] animal in accordance with chapter 143,
Hawaii Revised Statutes.
Section 4-47. Enforcement by enforcement officer.
(a) The humane society or animal care center with whom the County has contracted for services
may designate its employees who possess qualifications and training satisfactory to the
County to serve as enforcement officers to carry out the provisions of this article, chapter
143, Hawaii Revised Statutes, and other provisions of this chapter which expressly
authorize such enforcement officers to take specific action by ordinance.
(b) The humane society or animal care center with which the County has contracted for
enforcement services is authorized to train and designate volunteers as enforcement officers,
and to deputize livestock owners as special officers to protect their livestock from attack by
a~ stray [degs], per section [4-2f] 4-15.
Draft jor consideration by the Pablic Safety and Parks and Recreation Committee, 4/14/1006
Section 4-48. Expenses and appropriations for the pound.
All expenses of seizing, sheltering, treating, impounding, and disposing of [°'~°~a~-doss;-
] stray animals shall be borne by the humane society or animal care center
with whom the County has contracted to provide such services. The council, however, shall from
time to time make such appropriations to assist such humane society or animal care center as in
its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities
which such humane society or animal care center may be required to perform under this chapter.
Section 4-49. Agreement between County and humane society or animal care center
required.
An agreement containing, but not limited to, the extent of services rendered or to be rendered
by the humane society or animal care center and methods of reporting and accounting shall be
entered into between the society or the center and the County before any payments may be made
to the society or the center under this chapter.
Section 4-50. Quarterly report required.
Any humane society or animal care center with whom the County has contracted for services,
individually, shall render a full report of its activities, budget, and operations relating to the
impounding of stray [a°°~, °~a a^-~°°`~^°`°a] animals to the mayor and council
within one month after the end of each quarter in each fiscal year.
Section 4-51. Transfer of facilities and equipment to societies; reversion.
(a) The County administration is authorized to transfer facilities, equipment, and supplies,
which were assigned to pound operations, to the humane society or animal care center for
use in pound functions in accordance with section 6-33(k), Hawaii County Charter. The
humane society or animal care center shall not sell, exchange, or dispose of the transferred
facilities, equipment, and supplies without the written approval of the council.
(b) Should any humane society or animal caze center cease to operate or use such facilities,
equipment, and supplies for its intended purpose for a period of sixty days, such facilities,
equipment, and supplies transferred by the County for operation of the animal pound shall
revert to the ownership and control of the County.
(c) Should any humane society or animal care center terminate its contract for services with the
County for any reason, voluntarily or involuntarily, any equipment or supplies purchased by
the society or center with contract funds shall revert to the ownership and control of the
County.
Section 4-52. Indemnification to County.
The humane society or animal care center with whom the County has contracted for services
shall undertake to indemnify the County, its officers, agents, employees, and successors, from
any and all liabilities, losses, or damages the County, its officers, agents, employees, and
successors may suffer as a result of claims, demands, costs, or judgments against it arising out of
the establishment, maintenance, and operation of the pound, or the seizure, impoundment, and
disposition of [a^^° °~a animals, or any activity arising under the
contract or this chapter.
Drajt jor consideration by the Puhlic Sajety and Parks and Recreation Committeg 4/24/2006
Section 4-53. Reserved.
Article 7. Spay-neuter Special Fund.
Section 4-54. Spay-neuter special fund.
(a) Aspay-neuter special fund is hereby established. This special fund shall be administered
and managed by the department of finance.
(b) The fund shalt consist of monies &om:
(I) all licensing fees pursuant to Section 4-4 and all impoundment fees and kennel fees
pursuant to Section 4-12;
(2) Appropriations made for the purposes of this article; and
(3) Grants and private contributions intended for the purposes of this article.
(c) The fund shall be used to pay for aspay-neutering program.
Section 4-55. Reserved.
Draft for consideration by the Pablic Safety and Parks and Recreation Committee, 4/14/1006