HomeMy WebLinkAboutCOM 0798.020 2004-2006
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Murashige, Laura
From: Gary jdoji@hawaii.rr.com)
Sent: Wednesday, November 15, 2006 9:37 AM
To: counciltestimony@co.hawaii.hi.us
Subject: Arguments for changes to the proposed ordinance amending chapter 4 of the Hawaii County,Code
1983 (2005 edition, as amended), relating to animals.
Arguments for changes to the proposed ordinance amending chapter 4 of the Hawai'i County
Code 1983 (2005 edition, as amended), relating to animals.
Submitted by Gary Meltzer, concerned citizen.
Article 1. Cockfighting and Related Equipment.
I still think that Sections 4-1 and 4-2 of the proposed "Animal Welfare Act" Draft 3, Article 1, are
covered by the State under these two existing laws:
1. §711-1109 (c) Cruelty to animals. Wherein any person involved in animal fighting is committing a
misdemeanor. http://www.capitol.hawaii.gov_/hrscurrent/Voll_4__Ch0701__-
0853/HRS0711/HRS 0711_-1109.HTM
2. §712-1230 Forfeiture of property used in illegal gambling. Wherein any paraphernalia used in
fighting of any animal (in the case of this proposed act) may be ordered forfeited to the state. Even
though most of the references are to moneys involved with the attendant gambling.
http://www.capitol.hawaii.gov/hrseurrentNol]4_ChO7Ol-O853fHRS07121HRS 0712-12.30.HTM
I concur that Section 4-3 is not specifically mentioned in state law, but covered differently (Guilty of a
misdemeanor and penalized accordingly).
Article 2 Animal Nuisances.
Section 4-4 Purpose.
In this section and all other sections eliminate the excess verbiage and just say "animal(s)"
Section 4-5 Definitions
"Animal nuisance"
(3) add "scratches, claws," to the litany.
"Owner" includes "...owning, harboring, or keeping animals,... should have "tending" added to the list.
That would help with clarifying the feral cat, dog, pigeon, mongoose, etc., feeding problem.
Poultry means domestic chickens -Gallus gallus, domestic pigeons -Columba livia, domestic turkeys -
Meleagris gallopavo, domestic geese - Anser ferns, domestic ducks - Anas platyrhynchos, Indian blue
peafowl - Pavo cristatus. This would be specific to the alleged problem.
Or, more simply, Poultry means domesticated varieties of chickens, pigeons, turkeys, geese, ducks, and
peafowl not regulated by state law. (In fact, state law does regulate these animals.) '~Q p
Comm. No.
Ref. To:t
Ref. Uate N(lU__,y~6
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The words "domestic varieties" does reach the intention of the ordinance.
"Animals" ..."fishes" plural if it is meant to be more than one fish.
Section 4-6 Animal nuisance-prohibited.
Again, add "scratching, clawing," tense to agree with the rest of this entry.
Also, "...a person is trespassing or threatening trespass..." I don't think that the dog or other animal is
capable of knowing a threat to trespass; they know when you throw a leg over the fence, you are
trespassing or invading their space.
Section 4-7 General requirements.
(a) Eliminate ".-commercial kennels or..."
(b) 2nd line surrounding the animal noise..." not nuisance.
Section 4-8 Complaint forms for private citizens. Form singular, there is only one form proposed.
I don't think that the complaint form is for the keeping of animals but for reporting nuisances as defined
or cruelty to animals.
Section 4-9 Complaint and summons.
Reference is made to the forms being in all respects the same as specified in section 4-23. The form for
summons is defined in section 4-24.
Section 4-12 Penalties.
Limit list to "...an animal..."
4-12 (c) (4) Is this standard procedure?
Section 4-14 I suggest quarterly reports with a final report due as proposed. See Article 8, Section 4-50
which does require quarterly reports.
Article 3. Dog License.
Section 4-16. Definitions.
Change all references to "Altered" to "Sterilized" to conform with later wording in Article 6. Altered
could mean clipped ears and tail in a Doberman. Sterilized is the proper term.
Section 4-16 License fee.
(a) Biennial license fees are inadequate as listed. I suggest that altered dogs with a registered microchip
be given the option of a $5.00 biennial fee or a $25.00 life time fee for the individual dog. The issued
license tags could be color coded for easy identification. This would relieve paperwork on the part of
the fee collector, the county director of finance, and the clerks and accountants who have to handle such
matters. The GE license was changed to this system for the same reason. Fees for the remaining three
groups, altered no chip, unaltered with chip, unaltered no chip, should also increase to cover some of the
costs of maintaining the system.
(b) "...any fraction of the fiscal year..." Christmas presents of a new licensable animal would be good
for six months not six days.
Article 4. Regulation of Dogs.
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Section 4-20 to permit such dog would "allow" be a better choice of words legally?
Section 4-22 Applicability,
(3) when accompanied and under the control of their owner..."
Section 4-23 Enforcement,
Add to the end or within the last sentence "...and the recovery of the impounded animal." Pay the
penalty before getting the dog back.
Article 5. Regulation of Dangerous Dogs Change Dogs to Animals to agree with the first definition
that follows.
"Attack" change the end of the sentence to "...biting a person, animal or property."
"County animal control service" change the last word "dogs" to animals.
"Dangerous dog" add "...attacks a person, animal, or property." I'd like to change the "Dangerous dog"
to animal also, but it is a dog section.
"Provocation" This set of definitions mentions property several times making my remarks above
relevant. So, add property in the first line also.
"Serious injury" This could be simplified by changing everything after "...involving..." to
"medical/veterinary intervention." This could act as an insurance against false damage claims.
Section 4-30 Prohibited acts-conditions on owner-penalties
Add (a) (3) Property damage to a person's property other than the owner. Your stray dog ruined my
rabbit hutch trying to kill the rabbits therein. (c) (3) in this section also refers to property damage.
(e) (1) add "...eighteen years of age or older, capable of controlling the dog."
(e) (6) add "...capable of controlling the dog."
Add (e) j131 The owner be prohibited from-Owning a dog-fora periodof 5 years.
(f) "...an enforcing officer..."
Section 4-31 (a) Not at the animal control contractor's facility as one of the alternatives?
Article 6. Cat Identification Program
Section 4-35. Definitions.
"At large" Why not "stray" to conform with previous wording in Section 4-19 of this proposal.
Section 4-39 (b) Second sentence ...adoption qualifications, has the cat sterilized,..." and "...offer the
cat for adoption after sterilization..." This will conform to Section 4-10 of this Article, below,
(c) Same additions as in Section 4-39 (b) above. This will conform to Section 4-10 of this Article,
below.
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Section 4-40 Sterilization of cats. Change "...six months to stray." to conform to Section 4-35
Definitions. Section 4-35 also prohibits the cat from "being at large" anyway.
Section 4-41 Thirty days is too long. Fourteen days is more than adequate.
Article 7. General Animal Welfare
Section 4-43 (1) Legitimate organizations sometimes do award small animals as "prizes" along with
care sheets and information.
(2) Define "Abandons"
Article 8. Dog, Cat, and Animal Pounds I suggest this be changed to Animal Pounds
Wording within this article would change to read "...impounding, sheltering, and disposing of
unlicensed, lost, stray, homeless, or diseased animals, not redeemed..."
Section 4-45. Direction, control, and administration of the pound.
Third line change "...dogs, cats, and small domesticated animals..." to "...animals..."
Section 4-46. Power to seize and impound...
As above, change to "...animal(s)..."
Section 4-50. Quarterly report required.
Section 4-53. Indemnification to County.
Second to last line, change "...dogs, cats, and small domesticated animals,..." to "...animals,..."
I shall appear at today's County Council meeting to speak on behalf of these submissions.
Thank you for your consideration in this matter.
Gary Meltzer
11/15/2006