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HomeMy WebLinkAboutREP PC 065 07/01/1997 1996-1998 '~,,,-t~' REPORT OF THE COMMITTEE ON PLANNING DATE: July 1, 1997 Re: C-301 . PLACE: Councilroom TIME: 9:15 a. m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 75, transmitted by Mayor Stephen K. Yamashiro via Communication No. 301, dated March 21, 1995, relating to animals, reports as follows: Bill No. 75 amends Chapter 4 of the Hawaii County Code 1983, as amended, relating to animals and repealing Section 25-28(a)(9) of the Hawaii County Code relating to use permits for animals. A revised draft of Bill No. 75 replaced the original Bill No. 75 which was drafted by the Office of the Corporation Counsel at the request of the Planning Director. Due to an inadvertent error, the Office of the Corporation Counsel was unaware of the adoption of Ordinance 92-93 which required animal control officers to receive training and certification. The revised draft reflects the amendments of Ordinance 92-93 and does not change any of its previously amended provisions. Therefore, it may be substitued and may proceed in the process. Bill No. 75 attempts to establish cleaz responsibility in the raising of animals for commercial purposes or for personal enjoyment. The bill establishes the following: 1. Establishes a distinction between "animals" (pets) and "farm animals" by definition and adds definitions for the terms dwelling, enclosure, lot, owner, person, premises, poultry, resident, RM, RS, and yazd. 2. Prohibits the raising, breeding or keeping of faRn animals and/or poultry on RS and RM zoned lands. 3. Allows animals, farm animals or poultry to raised, bred or kept commercially where kennels or the keeping of livestock is considered a permitted use under the Zoning Code (RA, A, IA, U, ML, MG districts). 4. Provisions to raise, breed or keep animals. 5. Outlines violation, enforcement procedures, and penalties and includes the Human Society under the definition of an "officer." 6. A use permit would no longer be required for the keeping and raising of animals. The Planning Commission concurs with the following Planning Director's reasons for recommending a favorable consideration for Bill No. 75 because the bill would establish clear PC REPORT NO. 65 ~p ~ PC- 6s Page 2 July 1, 1997 responsibility in the raising of animals for commercial or for personal purposes in azeas zoned for residential use. Bill No. 75 affects areas zoned for Single Family Residential, Double Family Residential and Multiple Family Residential azea and does not apply to azeas zoned Residential Agricultural, Agricultural and Intensive Agricultural districts. [t also establishes a clear set of enforcement guidelines and penalties, and provides a clear and easily accessible process for citizens to register their complaints. Bill No. 75 was deferred at the Planning Committee's Apri16, 1995 meeting. Public hearings for the bill were held in Hilo, Honokaa and Kona. Public testimony supported and opposed Bill No. 75. Testimony expressed concerns over the raising and keeping of animals or farm animals in residential azeas, especially relating to dogs and fighting cocks. The lack of public understanding of the different County's zoning districts and the permitted uses in each district may have increased the concerns. Since the adoption of the new zoning code, Bill No.75 in its original and revised version is flawed and outdated. Therefore, Your Committee on Planning recommends that Bill No. 75 and Bill No. 75 (Revised) be filed. CES AYES NOES A&E EX Respectfully submitted LEITHEAD-TODD X COMMITTEE O/ PLAN TYLER X ~/./~~J~y~~ aEVNOLDS x B Y J AN LEITHEAD-TODD, CHAIR SANTANGELO J( SMITH x PC REPORT NO. 55 vAGONC x JUL 2 3 }9eb ADOPTED: ARAKAKI E.O.M.