HomeMy WebLinkAboutCOM 0707.025 1996-1998
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HAWAII`'I~SLnAN~D ~l\ `1~ ~ ~
October 2. 1996 ~ Ur~LCll YL:.
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Wayne G. Carvalho ~ ~Qj ~ ~,,,p~~
Chief of Police ~ 1
Hilo Police Station ,n~~~
349 Kapiolani Street `t"~~~ ^
Hilo. HI 96720
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Dear Chief Carvalho; ~"b----- gY_,~
RE: Vicious Dog Designations . ca,oty ca,ncil/:;-
We are writing to request your assistance. The Hawaii island Humane Society
(HIHS). has been receiving more calls than usual from members of the
community about dog bites. Some of these callers have reported that they
called the police first, but.received an unsalisfacta'y response.
The HIHS would like to work together with the1Police.to improve the procedures
used for vicious dog designations so we all will be able to provide the best
possible service to our community. Please request that your officers review the i
lollowing procedures, which the HIHS olticers have been U~ained to follow in
designating a Qvg vicious.
It a person or animal (other than a cat or dog) is bitten by a dog and the police
a HIHS are notified, if is very important that the responding officer complete a
thorough investigation. Atter deciding to deem the dog vicious, the otlicer
should complete the Notice to Ocg Owner (Attachment tj and give it to the dog
owner, along with a copy of the Rules tEx Appeal of Designation of Viciousness
(Attachment 2.) The officer should go over the rules to appeal arrd make sure
the dog owner understands them.
In addition, the officer should inform the dog owner that the dog must be
confined in a secure enclosure while on the owner's private property and
leashed end muzzled at olt times while oft the owner's property. The officer also
should inform the dog owner that the fines for violating these requirements
would be $100 fa-the first citation, $500 fa the second, and $1,000 for the third.
After three citations, the dog owner witl be summoned for a couR appearance
/;and the subject dog may be euthanized. ,i~
The police officer should send a copy of iho Notice to Dog Owner to the HIHS
promptly after service on the dog owner. After receiving a Notice to Dog Owner.
the doy owner has 30 days to send a written appeal to the HIHS
ArnUgTE MEMr1Eli Of THE AfAEfiICAN HUMANE ASSOCIATION
745225 Queen K~anummu Nwy Kallua Kuala, HI 96140 Teler~onr (808) 3201175 . fax (808) 329x618
Keaeu (8Q8) 9665458 . Kamuela (80E1) 885a55d ~ C
Ginn. No, J
FSIe No. ~uD
Itef. ,fir Presented 'P FC
JUL 2 1 1998y
, i~ .c
:%~h1ef CarYdlhO ~ _
~ ~ October 2, 1996
Page z
Attar recerving the written appeal, the HIHS -Learings Otficer, who is an
attorney. will arrange for a hearing, at the convenience of the olhcer. At the
hearing, the dog owner and issuing officer are present and each has the right
to call witnesses, cross-examine each other end any witnesses, and present a
closing argument. The otlicer has the responsibility fa' beginning the hearing
by prasenung the case on behalf of the County and the dog owner will respond.
Wo have had several appeal hearings where the police olticer_did not_appear, l/~'`~'~,~~
ur po icy is o a ow a u i u e gra e e io a ore a owm a og ownor o f c
save, ien automa tea y reva;,e t e esignauori ecause o t ie a sense of ~
any ew once presen a to suppor o is esigna ion. -~1~~_~/
Under the Hawaii County Code, Chapter 4, and pursuant to the Hawaii County SQL}I,LK'/~k.
Rules for Appeal of Designation of Yiciousness, iho sole legal question at the
hearing will be whether the dog bit a person or animal or put a person or animal
in imminent danger. ,The doy owner has the burden of proving that the
designation of viciousness should be reversed. ~ynoC
1 arranged for the Hearings Officer in West Hav;aii to present a training to the ~ I
HIHS officers and would be happy to arrange'a similar training for your police /
officers. The training included a review of 4he relevant laws; descriptions of the
procedures for the officers to follow in investigating and designating a dog
vicious; dc;,criptions of the Flearings Ofticer's procedures before, during, and aJ
after un appeal heyinp, including how the officers could prepare for the hearing
and the tasters the Hearings Officer considers relevant; and examples of cases
in which the appeal has resulted in a reversal of the vicious dog designation.
It your police procedures arc significantly different for investigating and
designating a dog vicious, I avould appreciate the opportunity to wofk with you to
standardize the procedures. We look forward to your response. ~ ;
Ver ruly yours, ~ ~G
~
SHAWN M. NAKOA, ESQ.. '
Executive Director
Encl.
cc: Maiden E. Temple, Esq.
Etieen "f. Tredway, Esq.
AFE-3U-y3 T:y ~ : ,
04/16/9a
~ HAWAII ISLAND HUMANE SOCIETY
MONTHLY SHELTER AGTIVITY REPORT
MNWAII I)INNO
NUM1alVE
50CIE'fY MARGH 1998
KONA WA/MEA KEAAU TOTAL
Dogs Cats Olner Oogs Cats other Dogs Cats ou~er Dogs Cets ' other Total
Surtendered 148 138 7 113 84 1 348 210 25 609 452 33 1,074
Redeemed 16 4 1 4 0 0 21 0 0 41 4 1 46
Adopted 25 23 5 17 6 1 51 17 6 93 46 12 151
Euthanized 105 111 0 91 78 0 278 193 19 472 382 18 873
Other 2 0 1 1 0 0 0 0 0 3 0 1 4
Adoption 19% 17°h 100% 16% 7% 100% 16`/° 8% 24% 16% 11 % . 39% 15%
Percentage
KONA WAIMEA K~AAU TOTAL.
lop ~lcenses:
Number Issued 460 33 150 843
Fees Collected 31,232.20 5727.30 5761.00 82,120.50
Calls for Pickup and Assistance 384 732 473 989
After-Hours Emergency Call-Outs 6 3 9 18
Miles Traveled 3,295 3,722 4,591 11,608
Deatl Animals Collected:
~o9s 3 2 g 73
Cats 13 3 26 42
Oihers 2 2 6 10
Total 18 7 40 65
/ C
Citations Issued:
HCC 4-30 7 4 5 10
HRS 143.2 0 0 2
Total 1 4 7 12
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11/14/1995 15:5: 609-3?9JE18 HI ?5LAND NUmaraE S'~~
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11/14(05
HAWAtI ISLAND HUMANE SOCIETY
MONTHLY SHELTER ACTIVITY REPORT
pC70BER 1904
KONA WAMIEA KEAAU 7OTA4
Gge ~ Cear orrr Ooge Caen Orrr DuOr Csd orh~r Dogr Gts err. ToW
Surrendered 374 227 3 83 147 4 317 415 25 774 78A 32 1,505
Redeemed t2 6 0 17 0 0 28 2 0 8 0 63
Adopted 38 26 0 17 0 1 48 27 13 103 82 14 170
Euthenited 312 103 3 40 136 2 242 363 11 803 714 16 1,333
011+er 12 2 0 0 0 1 1 3 1 13 5 2 ZD
Adoptwn 10% 11% O% 25+6 611 33% 18% 8% 54% 14% 7% 48% 11%
Peroenta0s
KONA WAIMLrA KEAAU TOTAL
Number Issued _ ~ B0: 45 136 270
Fsss CdMcted 5471.00 5244.50 (871.50 51,301.00
CaNS for Pk;kup end Asslsl1111Ce 370 103 812 1,116
ARer-Hours Emergency GILOtAa 0 6 13 27
MIIeaTrsveled 2,615 2,177 6,288 9,080
i:k{;i;4 %s;xs., vii: :fii's•~: :;i{#:i:o~.:;;v;.',:o:Si>:;,ti
Deed Anlmsts Collected: : ~ - ~
__w
Dag. 3 , 78 22
cea a 2 38 44
t)fnsn + 0 0 1
Toll 10 3 64 8T
r':
I -'SN.... Ylt~Vi ;Y.i ii:ffi•1fi\'i'~•i'il'. :Y.
~:Vi}J: fly'::: •i
• Cdadone SSUCd. ...j.:• { S
r HCG 4.30 O F ~ t 1~' 0 11
e',- -
~ HF2S ~e3.2 0 e 3 9
7ohst - 0 17 3 20 _
q 9 5 ~.<-~n~ti-Q~~
~_.-~_i:_;1995 809-3"S~M1c~l'tl H: :SLFNLI ~Il~tr'ulit ~ _ _
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121C9PFS
HAWAII 18LANp HUMANE 80CIETY
MONTHLY SHELTER ACTIVITY REPORT
NOVEMBER 1996
KONA WAIAEA KFAAU T07AL
Oda I Cater OIAa OOga Cats I OIM Qopa CaK Otlnr Wpr Cate Oarer To!el
Surrendered 133' 1a6 ~ 2 117 102 ~ 1 327 381 !t 577 631 14 1,222 r
Redeemed f01 2 0 12 0 0 32 1 1 5~ 3 1 58
Adopted 27~ 19 0 8 4 0 a4 24 t 79 47 t 127
Euthanlaed 93 ~ 125 I 2 ~ ~ 0 249 348 I 8 437 588 10 1,018
-
Othat 3 2 0 2 2 7 2 8 1 7 12 2 21
Adoption 23% i 13% I 0% 8% 4% 0% 15% Q% ' 11 % 15% 8% 9% 11 %
Percentage
KONA WAIMa*A ~ KcA/!U TOTAL
Dog Llcenaes__ :.~i - a
Nun:berlssued ~ - _ 49 30 ~ 107 188
Feea Colleeted - 5265.40 ~ 5139,00 5560.70 7966 10
Calis for Pickup and Aasiatanee 317 t78 448 941
ARet~Houn Emergency Call-Outs 10 8 9 25
Milsa Traveled T 2,066 ~ 2,375 5,157 9,587
Dead Anlrhals Collected ` ' `
,.,.w.
~Oa - 1 2 13 18
Cats 9 1 30 40
0 1 4 T 5
Tohl 1D ! 47 Bt
- : ss:>s
,~[1~ BO Citations lasued , . ,
r l ~j NCC A-30 - - 2 t 7 10
OO~??`''''~,''p~~ HRS t 43.2 1 O 3 a
1 3 1 10 1A
Total j~ ~ ~ ,n - J
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WHEREAS, HRS Chapter 193, by its own terms, d~,s not preclude
a county from adopting legislation to regulate animals other than
dogs;
WHEREAS, HRS Section 96-1.5 was amended in 1988 to give a
county power "to provide for public pounds, to regulate the
impounding of stray animals and fowl and their disposition and to
provide for the, 'appointment, powers, duties and '$ees of animal
control officers";
WHEREAS, under HRS Chapters 96 and 193 and Chapter 4 of the
Hawaii County Code, the County can regulate a variety of animal
activity which include not only stray and unlicensed dogs, cats
and small domesticated animals but also other animals;
WHEREAS, under HRS Chapter 193~t2te County authorizes the
seizure and disposition of animals by animal control officers;
Y~HEREAS, by past practice the County interpreted the foregoing
statutes and ordinances to permit the Count to enter into
contracts with societies for services relating not only to
licensing and control of stray dogs, cats and small domesticated
animals but also relating to vicious dogs, noisy dogs and other
animals and to enforce criminal provisions of Chapter 9 of the
Hawaii County Code;
WHEREAS, by past practice the County empowered employees Of
the societies to act as special police officers through the
~de~putization process;
WHEREAS, HRS Section 46-1.5 was amended in 1988 to give a
:county power "to enact ordinances deemed necessary to protect
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/j health, life and property and preserve order and security of the
county and its inhabitants on any subject or matter not
inconsistent with, or tending to, defeat, the intent of any state
statute ...'and covering all local police matters and all matters
of sanitation";
WHEREAS, the County adopted ordinances, codified in the Hawaii
County Code, regulating various forms of animal activity;
WHEREAS, the legislation described above is confusing and
uncoordinated, and has been the focus of inquiry relating to the
deputization of animal control officers, but nevertheless provides
a basis for the County to do the following:
a. Regulate animal acti~+ity, including stray and
unlicensed dogs, cats and small domesticated animals and all other
animals;
b. Operate pounds for dogs, cats and small domesticated
animals (expressly) and for other animals (by implication);
c. Select animal control officers to enforce county
ordinances and state statutes relating to unlicensed 'or stray
ogs, cats and small domesticated animals, vicious dons dancaerous
dogs and animals other than dogs;
d. Approptiake funds Eor implementation of animal
control programs;
WHEREAS, the parties agree that it is important to clarify the
ghts and obligations of the parties as they enter into this
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etformance of this agree....:nt but not in excess of ..e amount
appropriated by the County Council. Reimbursable elinible
expenses include the items described below to the extent that such
expenses are related to and attributable to the Society's
performance of this agreement and are approved Ly the Finance
Director: •
a.•• Salaries, wages and employment costs of Society
employees for mandatory insurance, taxes and
employer contributions.
b. Purchase of accounting services.
c. Material, equipment and supplies.
d. Utilities and insurance.
e. Training and educational programs.
f. Travel expenses.
r v~ ~iowever, that the list of eligible, reimbursable
expenses shall be set forth in detail and shall have first been
approved by the Finance Director before the expense shall be.
incurred and, further, shall be set forth in detail in the '
Society's annual budget. The County shall not be required to
reimburse the Society for any expense which is determined by the
Finance Director to be unrelated to the erformance of this
agreement.
The Finance Director, in determining the list of eligible,
reimbursable items, shall be entitled to require that certain
expenses be disallowed even though such expenses may, in fact, be
directly associated with the Society's performance of this Cr~'C )(1.1111Q,~Y~,
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-
PART FOUR
(Animal Control gfficers)
G. animal Control Officers. The Society, by and through its
Board of Directors, shall appoint those employees of the Society
whose abilities, aptitudes, training and skills have been reviewed
and approved by the Board of Directors to serve as animal control •
officers wi a powers to execute the duties described in
Part One above. The powers of the Society's employees so
appointed as animal control officers shall be limited by any state
or county legislation governing the specific duties and powers of
animal control officers.
pART+ FIVE
(MiscellaAeous)
H, FZcp~nditure and Usk Control, All equipment purchased and
personnel employed by the Society under this agreement shall be
subject to all provisions of statestatutes, the County Charter
and County ordinances governing the use and control of public
funds and public property. No equipment, property oz funds.
obtained by the Society under this agreement shall be used for
Purposes other than the performance of the Society's obligations
under this agreement. All equipment and property obtained by the
Society under this agreement shall be appropriately inventoried
and labelled with appropriate labels or other insignia designating
,the equipment or property to be used £or official purposes only.
Title and any such equipment or property shall be taken in the
name of the County or the Society as the Finance Director shall
determine.
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j
obligations and rights under any provision of thr~ agreement as to
any provision of law.
IN WITNESS WHEREOF, the County and the Society have executed
this agreement as of the date first written above.
•
COUNTY OF HAWAII /
By
m•~-•'~• sTEedEa •K. YA MRS tt~R-D
N -Mayor----~.
HAWAII ISLAND HUMANE
SOCK
9y `-'fycu~~~1~~~~i~J
ItS Vice ~'zesident eQ
,t
s
APPROVED AS TO FORM AND GALITY:
Cor o ation Counsel
Hate: DEC 4 ~ 1992
Y
Approv:: t~ .+v.~Elanilit•~ o`. FunJs •
xt loath 1~s:eJ1. "~/G` J7~ ~~t
• GiiLCTO? Of fINAMCE
Di+C 16 1992
i%
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West Hawuh Today, Sunday,.May 3,.1998 - 39A -
r z t~is~j~!'~~q~~d-
COMMUNITY PROGRAMS
COORDINATOR:
The Hawall Island Humane Society.
Is seeking a port time (25 hours/ .
week) hard-working, onlmal loving
Community Progroms Coordinator
for Kona Shelter. Dutlas Includes:
recruiting and supervising volun-
teers and managing community
and special events. Minimum two
years previous supervisory experi-
ence required. Must be able to
hondle multiple protects simultane-
ously and work with minimum su-
pervision. College degree prefer-
red. Sand resume and solory re-
quirements by May, 15, 1998 to:
Hawall Island Humane Society; r;
Attn: llsa Fowler; 74-5225 Bueen
Koohumonu Hwy.; Kallua-Kono, HI
96740; No phone coils please. EOE.
I do not feel that the animal control contract covers this position.
If Hawaii Island Humane Society wants to pay the salary then they can
have all the office staff they wish,
KONA WAIMEA KEAAU TOTAL
r Dogs 1,469 1,172 4,808 7,449
Cats 2,667 1,320 4,538 8,525
Total 4,136 2,492 9,346 15,974
~ ~ ~ ,
Dogs 360 162 550 1,072
Cats 324 110 364 798
Total 684 272 914 1,870
•
~ Dogs 143 120 340 ~ 603
i Cats 17 15 16 48
Total 160 135 356 651
Dogs 11 8 25 44
Cats 33 10 13 56
Total 44 18 38 100
Dogs 955 882 3,893 5,730
Cats 2,293 1,185 4,415 7,893
Total 3,248 2,067 8,308 13,623
Dog licenses/ 1,160/ 485/ 1,840/ 3.485/
fees $5,027 $2,212 $8,683 $15,922
Calls for pickup
and assisitance 5,051 2,562 7,909 15,522
After-hours
emergency 141 73 119 333
' Call-outs
Miles traveled 29,087 24,477 69,571 123,135
Other animals
taken in 96 53 415 564
Dead animals
collected 109 86 558 753
/rZ a ~
t May 4, 1998
To Whom It May Concern;
'T'his letter is in regard to the current animal control situation in Kailas. In my opinion,
there IS none. My neighborhood may or tray not be representative of the area. but there
are faz too many dogs ntttttittg loose on the streets, bazking loud and long, chasing vehicles,
and using everyone's yard but their own as a toilet. I do not advocate making new laws,
ordinances or covenants regarding animal control. What I am advocating is
ENFORCEMENT of the ones which already e.~tist.
I know from personal experience and from talking to others in the community that the
police do not regard animal control as their department. I have called to complain about
zacescive barking (the kind wltich conctituWe a dirturbanca of die peace) and dw pc~lica
haven't even bothered to show up. It would SEEM our only other alternative for enforcins
animal-control laws is the Humane Society. They aze authorized to cite pet owners for V
viola[ions, and yet state that it is their policy NOT to go to an address with a nuisance dog
unless they are guaranteed by the comp["^'
g party that the owner will be home when they
arrive. This makes a bad situation even more difficult, because the complaining party then
has to somehow determine who the owners aze and whether they aze home at the time of
the problem. What this means is that the complaining party must confront the owner
(assuming he/she can even locate them) a risky situation that is likely to create animosity
and possibly retribution on the pate of the offending party. People who allow their dogs to
become a neighborhood nuisance are very likely to be unmindful of, or even arrogant
towazd, everyone around them, and a neighbor's feaz of retaliation for a complaint is
justified. The Humane Society further refuses to "catch" nuisance dogs or cats, leaving it
up to the offended patty(s) to trap or catch and confine the animal themselves. This is
asking too much of the public for MANY reasons: I, for one, am not willing to risk my
own safety by approaching a loose dog. From what I've seen of the behavior of the dogs
in my neighborhood, they have staked out the street as their turf, have chased cars, bikes,
motorcycles, and have barked at me when I was just walking by on the sidewalk. Who can
guarantee that one of these dogs would NOT attack me or anyone else [tying to trap or
confute iC? The dog's owner(s) would almost CERTAINLY know who caught their dog
and turned it in to the Humane Society, and it's reasonable to assume they would be
.ANGRY As taxpayers, part of our tax dollar goes to run the Humane Society, which is
contracted to provide protection to the public by ENFORCEMENT of existing animal
control laws. Itt other words, the public pays the Humane Society to deal with situations
we're not able to deal with ourselves, such as forcing others to abide by the law,
euthanizing feral animals, catching and confining animals which [[tight be dangerous, etc.
in my opinion, the Humane Society, for whatever reasons, is not living up to its end of the
contract when it asks the public to do part of its job.
I do not wish to take sides in any ongoing political battle of Humane agencies. I just want
someone to start enforcing the law. The dog owners in my neighborhood know all too well
they can let their dogs roam free and continue their nuisance behavior with impunity. They
know all too well there's nothing the rest of us can do about it. The result? The quahty of
life in my neighborhood is disappeazing ,and those of us who keep ottr pets quiet and
under control feel we have fewer tight than those who do not.
Sincerely,
Linda Gross Kailas-Kona