HomeMy WebLinkAboutCOM 0798.018 2004-2006
tV Of
FRED C. HOLSCHUH, M.D. Phone No.: (808) 961-8264
Council Member Fax No.: (808) 961-8912
~
WA
HAWAII COUNTY COUNCIL
County ofHawai `i
Hawaii County Building h;c...a
25 Aupuni Street c`r=i
Hilo, Hawaii 96720 ti
c.~
cn
November 14, 2006
TO: Stacy K. Higa, Council Chair
and Council Members
.Y
FROM: Fred C. Holschuh, M.D. ~r---
Council Member
RE: Bill No. 258, Draft 3; Proposed Amendments
A memorandum from Police Chief, Lawrence Mahuna, dated November 9, 2006 detailed several
concerns that the Hawaii County Police Department has with Draft 3 of Bill 258, relating to animal
control. I believe these concerns are valid and that addressing them with sound amendments would
make for an improved Bill.
After discussion with County of Hawaii Finance Director Bill Takaba, Hawaii County Police
Captain Jay Enonaria and Corporation Counsel Attorney Brandon Gonzales, I would like to propose
the following amendments to Draft 3 of Bill 258 as an effort to address these concerns.
1. With regard to encroaching on the authority of the Mayor and his power to sign instruments
requiring execution by the County, I recommend the following alteration:
Section 4-49. Agreement between County and animal control contractor required.
An agreement containing, but not limited to, the extent of services rendered or to be
rendered by the animal control contractor and methods of reporting and accounting shall be
entered into between the contractor and the County before any payments may be made to the
contractor under this chapter. [Any Gewaaet'Ag_ee..,en4 shall be _evi ,,.a by the Finanee
Comments:
Unless we intend to remove this power from the Mayor, we should not make this
change. Reverting to Draft 2 language would rectify this issue. Our Hawaii County
Charter does state clearly that the Mayor "shall have the power to... sign instruments Q y
Comm. No. -7 IR
v •'o
Ref. To: Efts MV•'
Ref. Date NOV 15 2006
Hawaii County Is An Equal Opportunity Provider And Employer
November 15, 2006
Page 2
requiring execution by the county, except as otherwise provided by this charter or
ordinance."
2. With regard to revenues from fines and forfeitures being deposited into the general fund of the
County, I recommend removing any and all references to disposition of fines and forfeitures.
Whereas, the following sections would be stricken in their entirety:
[ forfeitures.
All fines and f rf :t..Yes eelleeted upon ietio., o nthe f rf :t...e Af 1`^:1 ..f.,....
per-son ehafged -AitAh a vielation of any seefien er provisien of this aftiele shall be paid into the
!`.......ty treasury end deposited in the general Raid of the County.]
[
A 11 f"^e^ ^«A f -feitur.. ARIle-ste,l upen ietion o n the forfeiture of bail of any
per-son ..hanged A4th a violation of an), seetio or provision ..f this aft:..le ..h..ll he paid 448 the
Count.. tre.,. ury and deposited in the general ftm of the County ]
Comments: 1
As these revenues are currently routed to the State of Hawaii, these sections provide a
misrepresentation of existing protocols and infrastructure. Should the State of Hawaii
choose to have these funds remain with the County of Hawaii at any point in the future,
the chapter on animal control can then be rectified to reflect such a shift. With that in
mind, there need be no mention whatsoever of where fines and forfeitures are
deposited.
3. With regard to dog license fees being routed to a spay/neuter fund, I have checked with Finance
Director Bill Takaba and confirmed that there is currently no such fund. Therefore, if the will of
the Council is to bolster the spay/neuter coupon system via dog license revenue, I propose the
following alteration:
Section 4-17. Disposition of fee.
All moneys received by the director of finance under this article shall be [deposited- into
] used to support the Spay/Neuter Community Assistance Program.
Comment:
This language should provide ample leeway to assure that these monies are utilized to
support the Spay/Neuter Community Assistance Program.
4. With regard to animal defecation concerns, I propose the following alteration to Bill 258, Draft 3:
Article 7. General [Animal ] Provisions
Section 4-43. Cruelty to animals, including dogs and cats.
November 15, 2006
Page 3
In addition to the elements constituting cruelty to animals in chapter 711 of the Hawaii
Revised Statutes, a person commits the offense of cruelty to animals, dogs and cats if the person
knowingly or recklessly:
(1) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes;
(2) Abandons any animal, dog or cat.
There shall be a penalty of not more than $500 for each violation of this section.
Section 4-44. Defecation and nuisance prohibited.
(a) No person who owns harbors keeps or has charge or control of any doe or other small
domesticated animal shall cause suffer, or allow such animal to soil, defile, efecate on, or
commit any nuisance on any part of any street including any sidewalk passageway or bypath, or
on any play area park or place where people congregate or walk or on any public property, or
on any private property, without the permission of the owner of the property.
(b) The restrictions in this section shall not apply to that portion of the roadway of any street
which lies between and within three feet of the edges or curbs of the roadway, except at
crosswalks or bus stops provided that the person who owns harbors keeps or has charge or
control of a domesticated animal shall immediately and securely enclose all feces deposited by
the animal in a bag wrapper, or other container, and dispose of the same all in a sanitary manner.
(c) A person convicted of this offense shall be sentenced as follows:
(1) A fine of $50 if the offense did not occur within two years of the occurrence of a
previous offense involving the same provision;
(2) A fine of $100 if the offense occurred within two years of the occurrence of one
previous offense involving the same provision; or
(3) A fine of not less than $500 nor more than $1,000, imprisonment not exceeding
thirty days or both if the offense occurred within two years of the occurrence of
two or more previous offenses involving the same provision. In lieu of a term of
imprisonment the court may order the defendant to serve a period of probation of
not more than six months in accordance with the procedures terms and conditions
provided in chanter 706, part II Hawaii Revised Statutes.
Comments:
Adding this section from our current code will satisfy this concern. Our Police Department's
assertion is that Section 4-19 of our current code specifically and effectively addresses
defecation issues. Subsection (c), with reference to penalties, has been altered to be
consistent with penalties for other animal nuisance issues within this Bill (section 4-12 (b) of
article 2).
5. With regard for the impoundment of dogs and any fees attached to said impoundment, the
following alteration to Bill 258, Draft 3 should satisfy concerns about reduction of fees and
subsequent impacts to correlating budgets:
(Seetion 4 18. impoundment of obs
1rapoirridirierit C 1' d dogs shall be as provided in seetion 143 8, 11awai'i Revised
Statutes.
November 15, 2006
Page 4
Section 4-21. Seizure of does by officers.
(a) Seizure of Unlicensed Dogs.
(1) Every officer shall seize any unlicensed dog found runnin ag t large or found upon any public
highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within
a sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum
period of forty-eight hours, during which time it shall be subject to redemption by its owner by
payment of the license due, if any, and an impoundment fee of $10. Every doe found without a
registration tag affixed to the dog's collar will be deemed to be unlicensed.
(2) If not so redeemed, the dog shall be sold by the officer for the amount of the license and
impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be
humanely destroyed.
(3) The owner of any unlicensed dog impounded and not claimed within forty-eight hours as
provided in this section, may redeem the dog at any time before sale or destruction by paying
to the humane society, in addition to the amount of the license and impoundment fee, the sum
of $5 per day for the number of days over two days the dog was impounded.
(4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be
paid to the director of finance.
(b) Seizure of Licensed Stray Dogs.
(1) Everv officer shall seize and impound any licensed stray dog
(2) The officer shall notify the person to whom the license was issued, at the address given in the
license certificate, and shall, upon demand made within forty-eight hours thereafter, release the
dog to the person upon payment of an impoundment fee of $10.
(3) If no person lawfully entitled to the dog shall, within seven days after the date ofg vin ng once
claim the dog, the dog may be sold or destroyed by the humane society.
(4) The owner of any licensed dog impounded and not claimed within forty-eight hours may
redeem the do at any time before the sale or destruction of the doggy paving to the humane
society, in addition to the $10 impoundment fee, the sum of $5 per day for the number of days
over two days the dog as impounded.
(5) All impoundment and kennel fees collected by the humane society in any given month shall be
deposited by the humane society no later than the fifth day of the following month with the
finance director to the credit of the County of Hawaii general fund account.
Comments:
This alteration will allow for impoundment fees to remain as they currently are scheduled
thus creating no unnecessary infringements on operating budgets. Should this amendment
not be accepted, impound fees may be altered relatively dramatically causing undue duress
to animal control contractors.
Thank you for your consideration of these proposed amendments made in an effort to satisfy the
concerns of those that will be charged with enforcing any new animal control ordinance. I request
that the Legislative Research Branch adjust section numbers as needed.
FCH/jdh