HomeMy WebLinkAboutCOM 0707.026 1996-1998 ,~Mit w
~ Y'-~=
DONALD IKEDA ~ ~ ALAN S. KONISHI
County Clnk ~ Deputy County Clnk
M~~
CONSTANCE R. KIRIU
legislatice Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
May 5, 1998
" RECEIVED
ppte.----._ ,
TO: Council Member Aaron Chung County Coundl ,r P ~
~~~c~
FROM: Les Ie Chow, Flscal/Program Review Auditor
RE: Animal Control Regulations in the County of Hawaii
I. Background
A. Primary Anima! Control Regulations
Primary animal control regulations are found in the following sections in the
Hawaii Revised Statutes (HRS) and Hawaii County Code (HCC):
Chapter 143, HRS: Discusses licensing and regulation of dogs. Does not
limit county authority to regulate other animals.
(sec. 143-2.5, HRS)
Sec. 46-1.5(15), HRS: Grants the counties authority to provide for animal
control of stray animals and fowl.
Chapter 4, HCC: Contains County's animal control laws.
B. "Humane Society"Definition
"Humane Society" is defined as "any eleemosynary organization formed for the
purpose of providing humane care and treatment of dogs, cats and other animals."
(sec. 4-1, HCC)
Comm. No.~~
File No. ~~D
~ ~ Presented P I FC
lief i)ate JUL 2 1 1998.
t
Council Member Chung
Page Two
II. Council Authority
A. Hawaii Revised Statutes
Chapter 143, HRS, assigns the County Councils authority to take the following
actions relating to the control of dogs. These include:
- Eliminating or modifying licensing requirements established by the state
law (sec. 143-2, HRS)
- Establishing license fees (secs. 143-3 & 4, HRS)
- Establishing and maintaining dog pounds & providing for the appointment
and compensation of animal control officers (sec. 143-7, HRS)
Note: Sec. 46-I.S(I S), HRS, expands the regulated area to include
impounding of stray animals as well as fowl and grants this
authority to the counties.
In sec. 4-3, HCC, this authority is delegated to the County, rather
than the Council. This section provides that these pounds, "shall
be under the direction, control, and administration ojthe County
or a humane society with whom the County has contracted for
services. "
- Establishing penalties and impoundment fees for loose unlicensed dogs
(sec. 143-8, HRS)
B. Hawaii County Code
- Council shall make necessary appropriations from time to time.
(sec. 4-6, HCC)
- The humane society is required to provide the Council and the Mayor a
copy of a report regarding its activities, budget, and operations relating to
the impounding of stray dogs, cats, and other stray domesticated animals.
This report must be submitted within one month after the end of each
quarter in each fiscal year. (sec. 4-8, HCC)
- The humane society is required to obtain the written approval of the
council prior to selling, exchanging, or disposing of transferred facilities,
equipment, and supplies. (sec. 4-10(a), HCC)
i '
e
Council Member Chung
Page Three
III. Authority to Awazd Contract
Sec. 143-16, HRS, specifically provides that the Kauai County Council shall contract
with the Kauai Humane Society. With respect to the other Counties, including Hawaii
County, sec. 143-I5, HRS, provides that the counties, rather than the councils, may
contract with any society or organization to provide various animal control services.
Consequently, in the County of Hawaii, the awazd of the Humane Society wntract is an
administration rather than a Council responsibility.
As the Hawaii County Council 's role does not include selecting the provider of the
County's anima! control services, it would be appropriate for the Council to name a
general entity in the operating budget, such as "Humane Society, " as the recipient of the
appropriation. Naming a specific society or organization in the operating budget, as has
been the practice, limits the administration in its selection of a contractor.
IV. Approach to Animal Control
Approaches to animal control aze governed by the provisions contained in the state and
county laws mentioned earlier.
Particulaz mention should be made of sec. 143-15, HRS, which provides in part,
"The county may prescribe in the contract the manner in which the work is to be
done by the society or organization and it may also direct the disposition to be
made of all dogs seized pursuant to this chapter. "
Thus, these matters should be addressed in the contract.
(See also, sec. 4-7, HCC, which states that the agreement shall address among other
matters, the extent of services rendered or to be rendered by the humane society.)
APPROVED:
GTE L
Connie Kiriu
Legislative Auditor