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HomeMy WebLinkAboutCOM 0798.019 2004-2006 Mtr es y-_ FRED C. HOLSCHUH'y W Phone: (808) 961-8264 Council member FAX: (808) 961-8912 HAWAI `I COUNTY COUNCIL County of Hawai `i Hawaii County Building Qr~ o 25 Aupuni Street Hilo, Hawaii 96720 ' t7J ~7 - November 16, 2006 i~ _r The Honorable Stacy K. Higa, Chair, and Members of the County Council County of Hawaii Hilo, Hawaii 96720 RE: Bill No. 258, Draft 4 Relating to Animals Attached is Bill 258, Draft 4, that contains the amendments to Bill 258, Draft 3, made during the Council's meeting of November 15, 2006. The amendments made to Draft 3 of this bill include the following changes: 1. Sec. 4-35, definition of "Identification" was amended by adding an "or" after paragraph (1) of the definition. This amended paragraph, now found in sec. 4-32 of Draft 4, reads: "(1) A collar or tag worn by a cat which includes the current name, address, and telephone number of the owner; or (Change is ramseyered.) 2. Article 1, "Cockfighting and Related Equipment" was changed by deleting the terms "Related Equipment." As amended, this article is now titled, "Cockfighting." Reference: Comm. No. 798.17 3. Sec. 4-2, "Gaffs or slashers prohibited" was deleted. Reference: Comm. No. 798.17 LO 9 Comm. No. pfOsOW Ref. To• Ref. Date Q 1_ 5 8006 Hawaii County is an Equal Opportunity Provider and Employer Stacy K. Higa, Chair Hawaii County Council October 17, 2006 Page 2 4. Sec. 4-49, relating to "Agreement between County and animal control contractor required" was amended by deleting the last sentence in this section,"Any Contract/Agreement shall be reviewed by the Finance Committee and then approved by the Hawaii County Council." As amended, this section, now numbered sec. 4-47 in Draft 4, reads: "Section 4-47. 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. " Reference: Comm. No. 798.18 5. Sec. 4-13, "Disposition of fines and forfeitures," and sec. 4-28, "Disposition of fines and forfeitures" were deleted. Reference: Comm. No. 798.18 6. Sec. 4-17, "Disposition of fee," was reworded. As amended this section, now renumbered sec. 4-15 in Draft 4, reads: "Section 4-15. Disposition of fee. All moneys received by the director offinance under this article shall be Fdoposited into the 0- - /A T_ .11 J used to support the Spay/Neuter Community Assistance Pro rram. " (Changes are ramseyered.) Reference: Comm. No. 798.18 7. Article 7, "General Animal Welfare" was amended to read, "General Provisions." Reference: Comm. No. 798.18 8. A new section, "Defecation and nuisance prohibited" is added to the bill. This section is from the existing animal code, section 4-44, Hawaii County Code. This new section, now numbered sec. 4-41 in Draft 4, reads: "Section 4-41. Defecation and nuisance prohibited. (a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated animal shall cause, suffer, or allow such animal to soil, defile, defecate 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. Stacy K. Higa, Chair Hawaii County Council October 17, 2006 Page 3 (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) An owner convicted of an 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 chapter 706, part 11, Hawai `i Revised Statutes. Reference: Comm. No. 798.18 9. Sec. 4-18, "Impoundment of unlicensed dogs," was deleted. Reference: Comm. No. 798.18 10. In place of sec. 4-18, a new section, "Seizure of dogs by officers" was inserted into the bill. This section is from the existing animal code, section 4-20, Hawaii County Code. This new section, now numbered see. 4-16 in Draft 4, reads: "Section 4-16. Seizure of dogs by officers. (a) Seizure of Unlicensed Dogs. (1) Every officer shall seize any unlicensed dog found running at 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 offorty-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 dog found without a Stacy K. Higa, Chair Hawaii County Council October 17, 2006 Page 4 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) Every 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 ofgiving notice, 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 dog at any time before the sale or destruction of the dog by paying 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 was 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 Hawai `i general fund account. " Reference: Comm. No. 798.18 Stacy K. Higa, Chair Hawaii County Council October 17, 2006 Page 5 11. The effective date of the bill was changed from "upon its approval" to March 11, 2007. Reference: Comm. No. 798.15 12. Sections and references to sections within the text of the bill were renumbered as necessary. Thank you for your consideration of this matter. Sincerely, Fred C. Holschuh, M.D. Council Member FCH/lsc Att.