HomeMy WebLinkAboutCOM 0798.008 2004-2006
Phone: (808) 961-8263
BOB JACOBSON
Councilmember Fax (808) 961-8912
Email: jjaco@co.hawaii.hi.us
0
HAWAII COUNTY COUNCIL
Comity of Hmrai `i Z t.:.. N f-7
Mai ai'i Cowity Building mss' V~ {
25 Ai pnni Street, Suite 209
Hilo, Hawaii 96720
MEMORANDUM s
To: Hawaii All County Council Members h
From: Council Member Bob Jacobson, District 6 4 d b
Subject: Proposed amendments to Bill 258 Draft 2
Submitted here for your review are amendments to Bill 258 Draft 2 that I will be proposing when
the Bill is discussed at our next Council meeting. I appreciate any suggestions or ideas on the
matter. If you have any questions or concerns please call me anytime.
On page 2 in Article 2 "Animal Nuisance", Section 4-5, "Definitions", adding a new definition to
read;
"Animal Care Center" means an eleemosynary organization formed for the purpose of
prevention of cruelty to animals.
In Article 2 "Animal Nuisance", Section 4-5, in "Definition" of "Animal Nuisance", amending
item (1) to read;
(1) Makes noise continuously and/or incessantly for a period of twenty minutes; ten minutes'
New item (4) to be added to Section 4-5, in "Definition" of "Animal Nuisance";
(4) Notwithstanding the provisions of section 142-75, or anv other applicable law, noxious
and/or offensive odors shall be deemed a prohibited nuisance in accordance with HRS 322-2.
On page 3, Section 4-8, "Complaint forms for private citizens" amending last sentence to read;
The form may be obtained by private citizens from the animal control contractor, at the Humane
SogkiyDffices. or the office of information and complaints.
On page 5, Article 3, "Dog License", Section 4-16, item (b) amended to read;
(b) If the license fee is not paid when due, a penalty of ten percent per annum thereof shall be
added to and become part of the fee.
On page 5, Article 3, "Dog License", Section 4-17, amended to read;
All moneys received by the director of finance under this article shall be paid into the general
Rind of the i deposited into the Spav/Neuter Fund. Q
Comm. No. "79 g• v
District 6 Upper Puna, Ka'u, and South Kona Ref. ToyresseW'~ ,
Hmvai'i County Is An Equal Opportunity Provider And EmployerRef. U ote 1iLI-31 N96
"Attack" means aggressive physical contact with a person or animal initiated by the dog
which may include, but is not limited to, the dog jumping on, leaping at, or biting a
person or animal, including the psychological trauma caused by a successful or attempted
attack.
In Article 5, "Regulation of Dangerous Dogs", Section 4-29 "Definitions", adding to
definition of "Serious injury" to read;
"Serious injury" to a domestic animal means physical injury to the animal involving a
broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture
of an organ , or an attack causing damages to and/or aborted loss of a fetus; and laying
hens experiencing the trauma of an attack on the flock with drops in their egg production
for a period of time.
In Article 5, "Regulation of Dangerous Dogs", Section 4-29 "Definitions", adding new
definition item "Trauma" after definition of "Serious injury";
"Trauma" means any attack or attempted attack that causes short or long term emotional
or psychological harm, to humans or animals.
On page 12, Article 5, "Regulation of Dangerous Dogs", new items (g) and (h) added to
read;
(g) In the case of a first attack as defined in section 4-29, the animal shall be temporarily
impounded until such time as the owner can prove licensure, ability to pay damages, and
ability to secure the animal to prevent any future attacks, except where exempt in Article
5.
(h) For attacks on humans with medical cost in excess of $250.00, and/or in the case of a
second offense by the same animal, the attack shall result in the humane destruction of
the animal, except where exempt in Article 5.
In Article 5, "Regulation of Dangerous Dogs", Section 4-31, " Complaint and summons-
seizure-relinquishment of ownership", new item added after last paragraph in item (a) to
read;
Any impound or kenneling fees collected under this section shall be delivered to the
Finance Director for deposit into the Spay/Neuter Fund.
On page 13, the second "Article 5", "Cat Identification Program", to be deleted in its
entirety.
On page 16, Article 8, "Dog Cat, and Animal Pounds", Section 4-49, adding second
sentence to existing paragraph, to read;
Contract/Agreement shall be reviewed and approved by the Public Safety and Parks and
Recreation Committee.
Page 1 of 1
§322-2 Ordering owner to remove. Whenever any such nuisance, foul or
noxious odors, gases or vapors, water in which mosquito larvae exist,
source of filth, or cause of sickness or disease is found on private
property, the department of health shall cause notice to be given to
the owner to remove and abate the same at the owner's own expense
within such reasonable time as the department may deem proper. A
duplicate of the notice so given shall be left with one or more of
the tenants or occupants of the premises. If the premises are
unoccupied, notice shall be mailed to the last known place of
residence of the owner if residing in the State. If the owner resides
out of the State or cannot be reached with notice speedily, notice
left at the house or posted on the premises shall be sufficient. If
the owner thus notified does not comply with the notification or
order of the department, or its agent, within the time specified, the
department or its agent may apply to the district court of the
circuit in which the property is situated for an order authorizing
the department to execute and carry out the notice or for an order to
abate the nuisance and remove, destroy, or prevent the cause of the
foul or noxious odors, gases or vapors, water in which mosquito
larvae exist, source of filth, or cause of sickness or disease, or
other thing detrimental to public health.
The department may recover by appropriate proceedings the expenses
incurred by it in the abatement, removal, destruction, or prevention,
from any person who has caused or allowed the nuisances, source of
foul or noxious odors, gases or vapors, water in which mosquito
larvae breed, source of filth, or cause of sickness or disease, or
other thing detrimental to the public health, and from any owner,
tenant, or occupant of the premises, who, after notice, has failed to
abate, remove, destroy, or prevent the nuisance, source of foul or
noxious odors, gases or vapors, water in which mosquito larvae exist,
source of filth, or cause of sickness or disease, or other thing
detrimental to the public health within the time specified in the
notice. In no case shall the department or any officer or agent
thereof be liable for costs in any action or proceeding that may be
commenced in pursuance of this part. [PC 1869, c 59, §10; am L 1911,
c 111, §2; am L 1919, c 80, §1; RL 1925, §924; RL 1935, §1311; RL
1945, §2702; RL 1955, §47-2; am L Sp 1959 2d, c 1, §19; HRS §322-2;
am L 1970, c 188, §40; gen ch 19851
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