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HomeMy WebLinkAboutREP PSPRC 004 02/01/2005 2004-2006 REPORT OF THE COMMITTEE ON PUBLIC SAFETY and PARKS AND RECREATION DATE: February 1, 2005 RE: Comm No. 22, 22.1, 22.2/Bill 4 PLACE: Council Chambers TIME: 8:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Safety and Parks and Recreation, to which was referred Bill 4, reports as follows: Bill 4, transmitted by Councilmember Bob Jacobson, via Communication 22, dated November 19, 2004, amends chapter 4, Hawaii County Code, relating to Animals. The intent of Bill 4 is to enhance enforcement of the County's ordinances relating to animal control; allow an animal care center to contract with the county to provide animal control services; and provide a means to allow the County to receive monies generated by the fines proposed in the bill. Your Committee received Drafts 1, 2 and 3 of Bill 4 via Communication Nos. 22, 22.1, and 22:?. Your Committee voted to replace Drafts 1 and 2 with Draft 3. Bill 4 proposes to enhance enforcement in several ways: 1. l3 establishes minimum fines of $75 for violations of many of the animal control provisions. 2. It increases the fines that can be levied for violations. 3. It makes it easier for police officers to issue citations for noisy dogs by: deleting the requirement that the complainant attempt to notify the custodian of the noisy dog prior to calling the police; eliminating the one-hour noise abatement clause; and reducing the amount of time that a dog barks at night for a citation to be issued. 4. [t allows violators to pay a citation without coming to court, thereby reducing the need for police officers to spend time at court. Bill 4 increases fines for failing to observe the animal control regulations to ensure owners will more readily comply. Bill 4 requires greater owner/custodial responsibility. A newly added section requires farm animals to be securely fenced, and prohibits the owner/custodian from allowing the animals to stray. Fees and fines paid prior to the court date stated in the citation are directed to be paid directly to the Director of Finance of the County of Hawaii, to be deposited into the County's general fund. Bill 4 allows the County to contract with agencies other than the Humane Society to provide animal control services. Finally, Bill 4 increases the licensing fees. Your Committee heard testimony in favor of the measure from Ginger Towle, of the West Hawaii Humane Society, Catherine Killam, of Cat-Care, Laurie Lannan, owner of a private animal sanctuary, Lanny Sinkin, of Rainbow Friends Sanctuary, Josi Morgan and Duane Mendoza, of the Hawaii Island Humane Society ("HIHS"), Capt. Jay Enanoria, of the Hawaii County Police Department, and Deputy Prosecuting Attorney Mitchell Roth. All were in agreement that there is a serious animal control problem in our County. While there were differing opinions regarding the various problems, all were in agreement that the bill is a good start; that it meets at least 80% of their concerns. All were in agreement that the bill must address the need for an improved spay/neuter program. Your Committee heard testimony opposing the bill from Mary Van Hove, a private citizen, who suggested that the measure did not address the animal problems. Ms. Van Hove agreed that the County is in need of an improved spay/neuter program, but she stated that the bill was insufficient and did not address the animal control problem, suggesting that the "the whole thing be thrown out and start over." During its discussion, your Committee heard testimony from the Police Department, the Office of the Prosecuting Attorney, and the Hawaii Island Humane Society regarding the background of the bill, and the current animal control system. Concerns regarding the anticipated effectiveness, feasibility and success of the bill in its present form were addressed. During the course of discussion, key provisions and additional necessary programs were debated. It was agreed that the Committee would advance the bill to the full council, subject to future amendments. Members expressed concern regarding several issues: 1. The need for more funding for additional personnel. 2. The need to provide training on a regular basis. 3. The need to implement a program to allow formation of volunteer civilian neighborhood patrols to intercede in animal control issues. These volunteers would receive training, and upon completion of their training could be issued badges allowing them to exercise citation powers. More badged workers are needed, as they are the only ones with citation powers. 4. The need for greater sanctions for animal cruelty, possibly implementing escalating sanctions for repeat offenses or for differing severity of cruelty. 5. The need to establish multi-agency procedure for implementation of control. sanctions and collection of fines. The Office of the Prosecuting Attorney ("Prosecutor"), Hawaii County Police Department (`9ICPD"), the Judiciary, and 2 Department of Finance ("DOF") need to be included in the planning and implementation process, in order to establish effective notification and processing. Anew citation form will have to be developed to include early payoff information. 6. The need to provide consistency between the State and County definitions of animal cruelty. 7. The need to clarify the roles of the Humane Society and other animal care centers. regarding animal control. 8. The need to correct fines in the Code that are higher than the amount allowed by the County Charter 9. The desirability of escalating fines and penalties. 10. The need for more education to the public regarding overpopulation and the importance of the spay/neuter program. Your Committee amended Bill 4, Draft 3, by providing that a certain percentage (yet to be determined) of the fines and fees collected be directed to a special fund that will be dedicated to a spay/neuter program. Your Committee on Public Safety and Parks and Recreation is in accord with the purpose and intent of Bill 4, as amended to Draft 3, as further amended (to Draft 4), and recommends it pass first reading. Avr-s Noes A&1( ex Respectfully submitted, RICA x COMMITTEE ON PUBLIC SAFETY and Holscnull x PARKS ND RECREATION ARAKAKI X HOFPMAN X ~/~/f-_ IkeoA x S CY K. HI ,CHAIR Isnri.l. x PSPR REPORT NO. 4 ADOPTED: _ _ .IACOHtiON X PILA(i0 X sAFARIK X 3 OFFICE INFORMATION ONLY Meeting: October 31, 2006 -Council Meeting (48a' Session) Acton: Filed Bi114, Draft 6, a„Q Ps Pltc-y PSPRC Report 4 transmitted Bi114, Draft 4, for approval. Re: BILL 4 (DRAFT 6)/C-22.91/PSPRC-4