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HomeMy WebLinkAboutCOM 0396.033 1998-2000 OFFICE OF THE LEGISL~-~11:'E AUDITOR OONOV-6 PM It 00 HAWAII ISLAND o N UM~IE ° S~@IETY ~ - - s T' November 2, 2000 c ~ Legislative Auditor's OBice _ U' ATTN: Connie Kiriu 25 Aupuni St. Rm 208 Hilo HI 96720 Dear Connie, Enclosed is the revised Chapter 4: Animal Control Laws, with my suggested changes. Please review and let me know 'lf you have any questions or other suggestions. You can reach me at 329-8002. Aloha, Grayson Hashida Executive Director Comm. No..39e • 033 File No. Ref. Tot ~ Ref. Date ~ AFFILIATE MEMBER OF THE AMERK:AN HUMANE ASSOCIATION 745225 Oueen Keahumenu Hwy •Kailas-Kane, HI 98740 • T (808) 928.1175 • Fax (808) 329-M1618 Keeau:1808) 9884458 • Kamuele 808) 885.4558 Article 1. Definitions. Section 41. Defmitions. As used in this chapter: (a) "Animal" dogs and cats. (b) "At large" means on the premises of a person other than the owner of the dog or other small domesticated animal without the consent of the occupant of the premises, or on a public street, alley, highway or in any public place except when under the control of a responsible person or an authorized representative of the owner. (c) "Officer" or "humane officer" means any employee of a humane society who is authorized to carry out the provisions of this chapter. Such individual shall also be known as and may bear the title of "humane officer." (d) "Humane society" means any eleemosynary organization formed for the purpose of providing humane care and treatment of dogs, cats and other animals. (e) "Sterilized dog" means a spayed female dog and a neutered male dog. (f) "Stray" means either an unlicensed dog or dog with a license tag for the current year, a cat or small domesticated animal wandering or running at large, or found upon any public highway, street, alley, court, place, square and grounds or found not upon lands of the owner or not under the charge or control of one in possession. (g) "Vicious dog" means a dog which: (1) Has bitten any person or animal A dog shall not be deemed vicious where the vicious behavior in question is the result of the dog being teased, tormented or otherwise abused by the victim of the vicious behavior. DEFINITION FROM HRS 143.1: (1973, Ord. No. I1, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 1; Am. 1988, Ord. No. 88-48, sec. 2; Am. 1992, Ord. No. 92-93, sec. 1.) Article 2. Dog, Cat, and Animal Pounds. Section 4-2. Ponnd established for dogs, cats, and small domesticated animals. There may be established pounds for the purpose of impounding, sheltering, and disposing of unlicensed, lost, stray, homeless or diseased dogs, for the destruction or other disposition of seized dogs, not redeemed, and for the sheltering and disposing of lost, stray, unclaimed or diseased cats and other small domesticated animals in the districts of Ka'u, Hilo, Hamakua, Puna, Kohala and Kona, County of Hawaii. (1973, Ord No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2.) Section 4-3. Direction, control, and administration of pound. Each pound shall be under the direction, control, and administration of the County or a humane society with whom the County has contracted for services which shall, in addition to the duties provided in section 4-2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to chapter 143 of the Hawaii Revised Statutes. The County may enter irrto contracts with more than one humane society to carry out the purposes of this chapter and chapter 143 of the Hawaii Revised Statutes. (1973, Ord No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 4-4. Power to seize and impound dogs, cats, and small domesticated animals. The County or the humane society with whom the County has contracted for services shall be authorized to seize and impound any dog, cat, or other small domesticated animal, when such dog, cat, or other small domesticated animal is a stray, and to dispose of such dog, cat, or small domesticated animal in accordance with chapter 143 of the Hawaii Revised Statutes. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord No. 510, sec. 2; Am 1992, Ord. No. 92-93, sec. 2.) Sectiou 4-5. Enforcement by humane officer. HIHS WANTS THE VARIOUS COUNTY AGENCIES TO BE REQUIRED TO OFFER ITS CLASSES ANNUALLY. The humane society with whom the County has contracted for services may designate its employees who possess qualifications and training satisfactory to the County to serve as humane officers to carry out the provisions of this article, chapter 143, Hawaii Revised Statutes, and other provisions of this chapter which expressly authorize such humane officers to take specific action by ordinance. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 46. Expenses and appropriations for the pound. All expenses of seizing, impounding and disposing of stray dogs, cats, and small domesticated stray animals shall be borne by the humane society with whom the County has contracted to provide such services. The council, however, shall from time to time make such appropriations to assist such humane society as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities which such humane society may be required to perform under this chapter. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 47. Agreement between County and humane society required. An agreement containing, but not limited to, the extent of services rendered or to be rendered by the humane society and methods of reporting and accounting shall be entered into between the society and the County before any payments may be made to the society under this chapter. (1975, Ord. No. 11, sec. 1; Am. 1975, Ord No. 86, sec. 1; Am. 1980, Ord No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 48. Quarterly report required. The humane society, individually, shall render a full report of its activities, budget, and operations relating to the impounding of stray dogs, cats, and other stray domesticated animals to the mayor and council within one month after the end of each quarter in each fiscal year. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. i; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 49. Control of pound by humane society. Any humane society charged with the responsibility of operating a pound under a contract with the County shall have full and complete control over the administration, maintenance and operation of the pound, subject to the powers reserved to the County under any contract. Such society, or its employees, officers, directors and agents, shall not be viewed as an agent or employee of the County due to the County's establishment and maintenance of controls to assure that public funds distributed to the society are being spent for public purposes. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 410. Transfer of facilities and equipment to societies; reversion. (a) The County administration is authorized to transfer facilities, equipment, and supplies, which were assigned to pound operations, to the humane society for use in pound functions in accordance with section 5-3.3 (k) of the Hawaii County Charter. The humane society shall not sell, exchange or dispose of the transferred facilities, equipment, and supplies without the written approval of the council. (b) Should any humane society cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of sixty days, such facilities, equipment and supplies transferred by the County for operation of the animal pound shall revert to the ownership and control of the County. (c) Should any humane society terminate its contract for services with the County for any reason, voluntarily or involuntarily, any equipment or supplies purchased by the society with contract funds shall revert to the ownership and control of the County. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Section 411. Indemnification to County. The humane society with whom the County has contracted for services shall undertake to indemnify the County, its officers, agents, employees, and successors, from any and all liabilities, losses or damages the County, its officers, agents, employees, and successors may suffer as a result of claims, demands, costs, or judgments against it arising out of the establishment, maintenance, and operation of the pound, or the seizure, impoundment and disposition of dogs, cats and small domesticated animals, or any activity arising under the contract or this chapter. (1973, Ord. No. 11, sec. 1; Am. 1975, Ord. No. 86, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1992, Ord. No. 92-93, sec. 2.) Article 3. Dog License Fees. Section 412. Fees. (a) The following fees are hereby established as biennial license fees for the privilege of owning, harboring or keeping of dogs in the County: (1) Sterilized dogs $2.00 (2) Unsterilized dogs $6.00 (b) For purpose of this section a sterilized dog means a spayed female dog and a neutered male dog. (1977, Ord. No. 301, sec. 1; Am. 1980, Ord. No. 510, sec. 2; Am. 1981, Ord. No. 644, sec. 1.) Section 4-13. Proof of sterilization. Any person seeking to have his dog licensed at the sterilized dog rate must present a certificate from a veterinarian licensed to practice within the State showing the description, age, and breed of the dog and certifying its sterilization. (1977, Ord. No. 301, sec. 1; Am. 1980, Ord. No. 517, sec. 2; Am. 1981, Ord. No. 644, sec. 1.) Article 4. Prohibitions. Division 1. Doga, Cats, and Other Animals. Section 4-14. Impoundment of animals. (a) If any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands, private lands of another, or upon any public highway in the County, any police officer or officer may seize and impound such animal for such period of time as may be deemed necessary; provided that reasonable attempts have first been made to notify the owner or keeper of the animal to remove the animal. (b) If reasonable attempts to notify the owner or keeper of the animal are unsuccessful, if the owner or keeper is unknown, or the owner or keeper refuses or fails to remove the animal after notice, the animal may be seized and impounded by the police or any officer. The owner or keeper of the animal shall pay not less than $5 for each animal that is seized and impounded plus all additional costs incurred in the removal and transportation of the animal, and all costs for the feeding and care of each animal, including, but not limited to bona fide veterinary expenses. If any damage is done by the animals, the owner thereof shall pay to the proper claimant the full amount of damage or loss occasioned by the straying of the animals. (c) In case the charges and fees are not paid, or after forty-eight hows, in cases where the owners are unknown, the animals may be sold at public auction, or disposed of by the chief of police or his authorized representative. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 2.) Section 4-15. Failure to remove animal; penalty. HIHS WOULD LIKE TO CHANGE LAW SO OFFICER CAN CITE ON THE SPOT In addition to the charges or damages in section 4-14, the owner of any animal which trespasses, roams, stra s, or es u n an blic or rivate lands, or u n a ublic hi way in the Coun shall be guilty of a violation of this section and upon conviction thereof shall be fined not more than $100. (1980, Ord. No. 510, sec. 2.) Section 4-16. Duty upon striking animals, including dogs and cats. The driver of any vehicle which collides with or is involved in an accident with any animal, including dogs and cats, shall: HIHS SAYS ALL THEY SEE IS THE INJURED OR DEAD ANIMAL. THEY DO NOT KNOW WHO THE DRIVER IS. THUS, UNENFORCEABLE. (a) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately (b) Have the animal's owner located, or (c) Notify the police department or humane society. There shall be a penalty of not more than $50 for each violation of subsection (b) or (c) of this section. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 4; Am. 1986, Ord. No. 86-34, sec. 1.) Section 417. Cruelty to animals, including dogs and cats. A person commits the offense of cruelty to animals, dogs and cats if he knowingly or recklessly: (a) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes; (b) Abandons any animal, dog or cat; There shall be a penalty of not more than $500 for each violation of this section. (1980, Ord. No. 510, sec. 2; Am. 1986, Ord. 86-34. sec. 2.) Section 4-18. Places prohibited to animals, including dogs and cats. (a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or on a leash or in restraint on or about any County beach park or any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, fruit or vegetable stores. (b) This section shall not apply to "Seeing Eye" dogs or other dogs necessarily utilized for the benefit of handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the Federal, State or County governments. (c) There shall be a penalty of not more than $50 for each violation of this section. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 11; Am. 1986, Ord. No. 86-34, sec. 3.) Section 4-19. Defecation and nuisance prohibited. HIHS SAYS THAT THIS SECTION IS UNENFORCEABLE--CANNOT CITE AND MAKE IT STICK IN COURT. (a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or commit any nuisance on any part of any street, including any sidewalk, passageway or bypath, or on any play area, park, or place where people congregate or walk, or on any public property, or on any private property, without the permission of the owner of the property. (b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies between and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops, provided that the person who owns, harbors, keeps or has charge or control of a domesticated animal shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container, and dispose of the same all in a sanitary manner. (c) There shall be a penalty of not more than $50 for violations of this section. (1980, Ord. No. 510, sec. 2; Am. 1986, Ord. No. 86-34, sec. 4.) Division 2. Dogs. Section 4-20. Seizure of dogs by officers. (a) Seizure of Unlicensed Dogs. (1) Every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a sufficient enclosure, and confine it in a pound or any suitable enclosure for a minimum period of forty-eight hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and an impoundment fee of $10. Every dog found without a registration tag affixed to his or her collaz will be deemed to be unlicensed. (2) If not so redeemed, the dog shall be sold by the officer for the amount of the license and impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be humanely destroyed. (3) The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided in this section, may redeem the dog at any time before sale or destruction by paying to the humane society, in addition to the amount of the license and impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. (4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid to the director of finance. HIHS WOULD LIKE COUNTY TO CONSIDER ALLOWING HIHS HUMANE SOCIETY TO RECEIVE A PORTION OR FULL PAYMENT OF FEES COLLECTED. (b) Seizure of Licensed Stray Dogs. (1) Every officer shall seize and impound any licensed stray dog. (2) The officer shall notify the person to whom the license was issued, at the address given in the license certificate, and shall, upon demand made within forty-eight hours thereafter, release the dog to the person upon payment of an impoundment fee of $10. (3) If no person lawfully entitled to the dog shall, within seven days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the humane society. (4) The owner of any licensed dog impounded and not claimed within forty-eight hours may redeem the dog at any time before the sale or destruction of the dog by paying to the humane society, in addition to the $10 impoundment fee, the sum of $5 per day for the number of days over two days the dog was impounded. (5) All impoundment and kennel fees collected by the humane society in any given month shall be deposited by the humane society no later than the fifth day of the following month with the finance director to the credit of the County of Hawaii general fund account. HIHS WOULD LIKE COUNTY TO CONSIDER PARTIAL OR HILL FEES COLLECTED TO GO TO HUMAN SOCIETY. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 5; Am. 1995, Ord. No. 95-32, sec. 2.) Section 421. Seizure of stray dogs by persons other than officers. (a) Every person other than an officer as defined hereinabove who takes into possession any stray dog shall within forty-eight hours notify the humane society and release the dog to the humane society to be impounded and disposed of according to section 4-20. (b) There shall be a penalty of for each violation of this section. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 6.) Section 422. Redemption of seized dogs after sale. The owner of any dog which has been seized and sold as provided in this chapter may, at any time within thirty days after the sale, redeem the same from the purchaser by paying to him the amount of the purchase price paid by the purchaser and the sum of per day for the number of days from the date of sate to and including the date of redemption, plus bona fide veterinary expenses. (1980, Ord. No. 510, sec. 2.) Section 423. Female dogs. (a) Any female dog in season is not permitted to run at large or be off the premises of the owner of keeper during this period except when being exercised an a leash by a responsible adult. (b) At all other times, when any dog is in season such dog shall be confined within a building or enclosure in such manner that she will not come in contact (except for intentional breeding purposes) with a male dog. (c) A penalty of $ shall be imposed upon the owner or keeper of a dog for each violation of this section. (1980; Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, see. 7.) Section 4-24. Noisy dogs. a) No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously or incessantly for a period of ten minutes or bazks, bays, cries, howls or makes any other noise intermittently for a period of twenty minutes within a thirtyminute period of time to the disturbance of any person at any time of day tsr night and regardless of whether the dog is physically situated in or upon private property. (b) A dog shall not be deemed a noisy dog for purposes of this section if, at the time the dog is bazking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog. Such action is declared to be a public nuisance and detrimental to the public health and welfare. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 8; Am. 1992, Ord. No. 92-109, sec. 1.) Section 4-25. Noisy dog; procedure for abatement of nuisance. (a) Any person disturbed by a noisy dog shall make all reasonable attempts to advise the owner or custodian who keeps such dog of this fact. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog or, after notifying the owner or keeper, the nuisance is not abated, the person may then notify the police department. (b) The police department shall advise the owner or custodian of the complaint and of the provisions of this chapter prohibiting such violation. It shall be a violation if the owner or custodian fails to abate the nuisance within one hour after being advised by the police department. (c) There shall be a penalty of $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 9; Am. 1992, Ord. No. 92-109, sec. 1; Am. 1996; Ord. No. 96-105, sec. l.) Section 4-26. Harboring, bolding for reward, or licensing of strayed or stolen dogs. (a) Except as otherwise provided, no person shall harbor or hold for reward or procure a license for a dog which has strayed from his premises or which has been picked up on a public street, highway or other public place unaccompanied by its owner or other person or which has been stolen from its owner. _ . ~ z ~ _ (1980, Ord. No. 510, sec, 2.) Section 427. Injuring or poisoning dogs. (a) Unless otherwise provided by law, no person shall wilfully or negligently injure or poison any dog. (b) There shall be a penalty of for each violation of this section. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 10.) Section 428. Dangerous dogs may be slain. (a) If any dangerous, fierce, or vicious dog shall be found running at large and cannot be taken up or tranquilized and impounded, such dog may be slain by any officer or agent authorized to perform any duty under this chapter. HIHS WOULD LIKE A DEFINITION OF AUTHORIZED AGENT. AGENT IS ALSO MENTIONED IN (B) WHO AFTER BEING DEPUTIZID AS A SPECIAL OFFICER MAY TAKE ANY ACTION NECESSARY TO PROTECT HIS LIVESTOCK. THERE HAVE BEEN INSTANCES WHERE LAND OWNERS HAVE SLAIN AN INNOCENT ANIMAL THINKING THAT THEY HAD THE CULPRIT. (b) Notwithstanding any provision to the contrary which may be found elsewhere in this chapter, where livestock have been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of such livestock or his agent, after being deputized as a special officer in accordance with the provisions of section 4-5, may take any action necessary to protect his livestock from such dangerous, fierce, or vicious dog, including, without limitation, slaying or otherwise disposing of the same. (1980, Ord. No. 510, sec. 2.) Section 429. Leash required for public places. Per Grayson: "live person, attached to." HIHS WOULD LIKE THIS CHANGED. WHAT ABOUT DOGS LEFT IN VEHICLES (IE CAR, BACK OF TRUCK) UNATTENDED ON PUBLIC PROPERTY? No person shall bring or permit an do in any County park, public school ground, or airport unless it is held under control by a suitable leash, not more than six feet long; provided, however, that dogs even under control by a suitable leash shall not be allowed in any County beach park. These restrictions shall not apply to dogs utilized by police for patrol or other police purposes. (1980, Ord. No. 510, sec. 2; Am. 1986, Ord. No. 86-34, sec. 5.) Section 430. Penalty for permitting a dog to stray. In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public lands or the private lands of another shall be fined as follows: (a) For a first offense, or any offense not preceded within afive-year period by a conviction under this section: (1) Twenty-five dollars ($25.). (b) For any offense which occurs within afive-year period of a prior conviction under this section: (1) Fifty dollars ($50.). (c) For any offense which occurs within five (5) years of two (2) prior convictions under this section: (1) Seventy-five dollars ($75.). (d) For any offense which occurs within five (5) years of three (3) or more prior convictions under this section: (1) Any one (1) or more of the following: (A) A fine of up to five hundred dollazs ($500.). (B) Up to one hundred (100) hours of community service. (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 12; Am. 1995, Ord. No. 95-32, sec. 3.) Section 431. Confinement of vicious dogs. (a) Every vicious dog shall be coned by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. HIHS WANTS TO CLARIFY-THAT ENCLOSURE MAY NOT BE A MOTOR VEHICLE, ADD: ONCE IDENTIFIED AS A VICIOUS DOG, VICIOUS DOG MUST BE MICROCHII'PID (MICROCHIP CONTAINS SERIAL NUMBER WHICH MAY BE LOOKED UP IN A DATABASE), ADD: EVERY VICIOUS DOG SHOULD BE SPAYEDINEUTERID WHICH CURBS AGGRESSIVE BEHAVIOR AND REPRODUCTION, ADD: RIGHT TO INSPECT ON PRIVATE PROPERTY TO CHECK THAT VICIOUS DOG IS PROPERLY ENCLOSED, ETC., OR MUZZLED (DROP IN/RANDOM SURPRISE INSPECTIONS) TO KEEP OWNER IN COMPLIANCE WITH LAW. (b) Any person found guilty of violating this section may be fined not more than $1,000 or imprisoned for not more than thirty days, or both. The minimum sentence to be imposed upon a person found guilty of violating this section shall be as follows: (1) For a first conviction, a fine of not less than $100, but not more than $1,000. (2) For a second conviction which occurs within five yeazs of a prior conviction under this section, a fine of not less than $500 but not more than $1,000, and No fine imposed on a person found guilty of violating this section shall be suspended. (1980, Ord. No. 579, sec. 13; Am. 1987, Ord. No. 87-122, sec. 2.) Section 431.1. Vicious dog; notice. If, upon investigation of a report of an incident of vicious behavior, an officer deternrines that (A) an incident constituting vicious behavior did occur, and (B) the indicated dog was the dog which did behave in a vicious manner, then the officer shall give the owner of said dog a written notice stating that the dog has been deemed a vicious dog, that the owner must comply with the Hawaii County Code § 4-31 (a) concerning the confinement of vicious dogs, and of the penalties for failure to comply with said requirements of confinement. (1988, Ord. No. 88-48, sec. 3.) Section 431.2. Appeal of vicious designation; hearing. The notice that a dog has been deemed a vicious do shall also inform the owner that he ma , within da s, re uest a hearin before the in the district in which the reported incident of vicious behavior has occurred or his designated representative for the purpose of disputing the designation of the dog in question as a vicious dog. The hearing shall be held in accordance with HRS chapter 91, the Hawaii Administrative Procedures Act, and the aforesaid executive of the humane society or his designated representative presiding over the hearing shall notify the dog owner of his decision in writing after the hearing. CURRENTLY EXECUTIVE DIRECTOR OF THE HUMAN SOCIETY IS DESIGNATED TO HEAR THE APPEAL. HIHS THINKS THAT THI3 IS A CONFLICT OF INTEREST AND SUGGESTS THAT THE APPEALS PROCESS SHOULD GO TO THE JUDICIARY. THE JUDICIARY WOULD SUBPOENA THE INVESTIGATIVE OFFICER WHICH WILL ALSO ADDRESS OTHER ISSUES. (THE HUMAN SOCIETY HEARS CASES, BUT IF INVESTIGATIVE OFFICER DOES NOT APPEAR, THE DEFENDANT WINS THE APPEAL.) (1988, Ord. No. 88-48, sec. 3.) Section 431.3. Rules for hearings on viciousness. The executives in charge of the humane societies with whom the County has contracted for animal control duties shall jointly adopt a set of rules, pursuam to HRS chapter 91, for hearings on the issue of whether or not a dog shad be deemed a vicious dog. (1988, Ord. No. 88-48, sec. 3.) Division 3. Enforcement. Section 432. Enforcement. For any violation of any of the provisions of this article or of the provisions of chapter 143, HRS, it shall be the duty of any officer authorized to seize and impound any dog running at large within the meaning of this article to issue a summons to the owner or other person charged with the responsibility of complying with the provisions of this article or with the provisions of chapter 143, HRS :Said summons shall instruct such owner or person to report at the violations bureau of the respective district courts of the third circuit Each such owner or person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. THIS SECTION CAN BE ADDRESSED IF JUDICIARY IS RESPONSIBLE TO DECIDE ON APPEALS PROCESS. (1986, Ord. No. 86-34, sec. 6.) Section 432.1. Training; appointment; powers of humane officer. (a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5(15), Hawaii Revised Statutes, a humane officer shall be authorized to issue a complaint and summons or other form of citation as the fmance duector may deem to be appropriate to enable a humane officer to carry out and to perform the duties of a humane officer under this chapter and any contract between the County and a humane society. (b) The finance director shall verify that a person designated by a humane society to serve as a humane officer is qualified and trained to serve in that capacity. The finance duector shall be empowered to establish minimum requirements for qualification and training, which may be revised from time to time, provided that a copy thereof, and of any revisions, shall be kept on file with the finance director's office thereof at all times. All County agencies, officers and employees shall render their cooperation and assistance to the finance director for purposes of this subsection (b). (c) The finance director, upon verification of a humane officer's qualification and training, shall issue an oath of office and identification badge or insignia to the humane officer. (d) A humane officer's appointment, power and authority shall be for a period of not more than two yeazs unless the same is sooner terminated by the humane officer's dischazge as an employee of the humane society or dischazge as a humane officer by the finance director. The finance director may terminate and dischazge a humane officer's appointment upon recommendation of the humane society of which the hurnane officer is an employee or upon a finding by the finance director that the humane officer has failed to comply with the minimum qualification and training requirements established for humane officers by the finance director. (e) No proceeding for the appointment, termination or dischazge of humane officers shall be subject to laws governing civil service or public employees. (1992, Ord. No. 92-93, sec. 3.) Section 4-33. Summons. There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of summons for use in 'citing violators of the provisions of chapter 143, HRS. Said summons shall be printed in a form commensurate with the forth of other summonses used in modem methods of arrest, so designed to include all necessary information to make the same valid and legal within the laws and regulations of the State of Hawaii and the County of Hawaii. The form and content of such summons shall be as adopted or prescribed by the administrative judge of the district courts. In every case when a summons is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district courts may prescribe the giving to the violator a carbon copy of the summons, and provide for the disposition of the original and any other copies. Every summons shall be consecutively numbered and each carbon copy shall beaz the number of its respective original. (198b, Ord. No. 86-34, sec. 6.) SeMion 4-34. Failure to obey summons. It shall be unlawful for any person to fail to appeaz at the place and within the time specified in the summons issued to him by an officer for any violation of any section of this article, regazdless of the disposition of the charge for which he was originally cited. (1986, Ord. No. 86-34, sec. 6.) Section 4-35. Issuance of complaint; when. In the event any person fails to comply with a summons given to such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for his arrest. (1986, Ord. No. 86-34, sec. 6.) Section 4.36. Disposition of fines and forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person . charged with a violation of any section or provision of this article shall be paid to the County of Hawaii and deposited in the general fund of the County of Hawaii. (1986, Ord. No. 86-34, sec. 6.) Article 5. State Law Reference and Severability. Section 4.37. Reference to Hawaii State Law. In constnring this chapter and providing for the control of animals in the County of Hawaii, reference shall be made to the Hawaii Revised Statutes, including, but not limited to: Part III, of chapter 142, HRS: Fences and Trespasses by Animals Section 142-74, HRS: Liability of dog owner; penalty Section 663-1, HRS: Torts, who may sue and for what Section 142-96, HRS: Frightening animals; penalty Sections 187-12-14*, HRS: Predators and destructions of predators Section 142-97, HRS: Wild cattle through street; penalty (1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, secs. 13 and 14; Am. 1986, Ord. No. 86- 34, sec. 7.) • Editor's Note: Hawaii Revised Statutes chapter 187 has been repealed. Section 4-38. Seversbility. If any provision of this chapter is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (1986, Ord. No. 86-34, sec. 7.)