HomeMy WebLinkAboutCOM 0396.032 1998-2000AL KONISHI
County Clerk
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawai'i County Building
25 Aupuni Street
Hilo, Hawaii 96720
Telephone: (808) 961-8255
Facsimile: (808) 961-8912
DONALDIKEDA
Deputy County Clerk
CONSTANCE R. KIRIU
Legislative Auditor
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On
November 13, 2000 = ~'
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TO: Council Members ` ` ca
FROM: Constance R. Kiri
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Legislative Auditor
RE: Special Study on the Status of Animal Control in the County of Hawai `i
For your information and review, we are transmitting a document entitled Special Study
on the Status of Animal Control in the County of Hawai `i, which was prepared by the
Legislative Auditor's Office at the request of the County Council by its Resolution
No. 126-99.
The administration and Hawaii Island Humane Society were given about one week to
respond to the special study, but the recent flooding disaster has delayed the response of
a few agencies. We will transmit the comments to you as they are received.
Should you have any questions regarding the study, please feel free to contact me.
Enclosure
Comm N0. 3gfi• 032
File No.A
681
W. TO
Ret. Do 1 32000
SPECIAL STUDY
ON
THE STATUS OF ANIMAL CONTROL
IN THE COUNTY OF HAWAII
A Report to the Hawaii County Council
October 2000
Office of the Legislative Auditor
County of Hawaii
Table of Contents
Background........................................................................................1
WhyAnimal Control?........................................................................................3
Overpopulation - The Core Challenge of Animal Control.......................................3
Hawaii County: Animal Overpopulation and Health Issues...................................4
What Is An Animal Control Program?........................................................................6
Challenges of Animal Control Programs...........................................................6
Animal Shelter Trends........................................................................................8
Public Education Initiatives...........................................................................8
MicrochipIdentification...............................................................................9
PetRetention........................................................................................9
FeralCat Altering.......................................................................................10
DifferentialLicensing..................................................................................10
BreedingRestrictions/Moratoriums..................................................................11
"User Friendly" Animal Control Officers..........................................................11
Comparison of Animal Control Programs in the State of Hawai'i and Other Municipalities .......
12
Neighbor Island Counties..............................................................................12
City and County of Honolulu.....................................................................13
Countyof Maui......................................................................................14
Countyof Kaua'i....................................................................................15
Statistical Analysis of Other Jurisdictions..........................................................16
The History of Animal Control in the County of Hawai'i.................................................19
Funding of Animal Control in Hawaii County .............................................................23
TheAnimal Control Ordinance .................................................................................24
Hawaii State and County Laws and Rules...................................................................27
Review of Hawaii County's Animal Control Laws........................................................29
Overall Recommendations on Legislation..........................................................34
CurrentAgreement with HIHS.................................................................................35
Comments About Agreement.........................................................................37
Days and Hours of Shelter Operations..........................................................37
Training, Appointment and Badging of Humane Officers...................................38
Spay -Neuter Program Funding...................................................................38
Enforcement in Contract: Citations as a Last Resort........................................39
Prioritized Response................................................................................41
General........................................................................................41
Is The Contractor Meeting The Current Conditions Under The Contract? ............................44
Providing Services......................................................................................44
Reporting........................................................................................44
Police vs. Humane Officers and Responsiveness to Calls/Complaints ........................49
Contractual Oversight by the County ..........................................................................50
Overall Recommendation..............................................................................51
Evaluating Animal Control Programs and Shelters.........................................................52
OverallRecommendation..............................................................................53
Major National Animal Welfare and Control Organizations: Profiles.................................54
Endnotes and Acknowledgements..............................................................................56
Bibliography........................................................................................57
Exhibit A
An Ideal Community Homeless Management System, CLC Publishing
Exhibit B
Humane Society of the United States Model Ordinance (1986)
Exhibit C
Animal Control Ordinance of Clark County, Nevada (1999)
Exhibit D
Animal Control Ordinance of City of Chattanooga, Tennessee
Exhibit E
Chapter 142-74 and 142-75, Hawaii Revised Statutes
Exhibit F
Chapter 143, Hawaii Revised Statutes
Exhibit G
Chapter 4, Hawaii County Code
Exhibit H
Synopsis of Contracting Process
Exhibit I
Memo from HIHS Executive Director Shawn Nakoa, October 2, 1995
INDEX OF TABLES
Table 1
Animal Control Statistics of King County, Washington
Table 2
Comparison of Municipalities of Similar Population (1998)
Table 3
Animal Control - Counties in the State of Hawaii
3 Years of Expenditures and 2001 Budget
Table 4
Animal Control Appropriations in Hawaii County
Table 5
Revenues Collected By Hawaii County for Animal Control
Table 6
Hawaii Island Humane Society Reported Activities FY 1997-2000
Table 7
Hawaii Island Humane Society Financial Reports FY 1997-2000
Table 8
1999 Annual Report of the Hawaii Island Humane Society
EXECUTIVE SUMMARY
Since 1975, Hawaii County has relied upon nonprofit organizations to perform its animal control
law enforcement duties and other attendant sheltering responsibilities. A thankless job—it gets
attention when problems or complaints arise. We found no county department willing to "own"
the animal control program.
In recent years, the County's "arms -length" approach to animal control has placed the Hawaii
Island Humane Society, the nonprofit organization, in a position of providing services to the public
while receiving little direction from the County. Because of a lack of program definition by the
County, philosophical differences of animal treatment and care between competing or special
interest groups are mixed into the government equation. As a result, we have performed a
disservice to the Hawaii Island Humane Society and to the public.
We believe that the County's contractor, the Hawaii Island Humane Society, is performing
capably under these circumstances. The Society's position statement and mission is "to prevent
cruelty to animals, promote respect for their intrinsic value, eliminate pet overpopulation and
enhance the relationship between humans and animals" (Hawai'i Island Humane Society Summary
of Programs & Services, March, 1998). Their mission is one of animal humanity, and is not
expressly one of law enforcement.
Animal control in Hawai'i County is a program fundamentally based on public health and safety.
Law enforcement is at times essential to guaranteeing public health and safety. Responsible pet
ownership is another means of achieving greater health and safety. However, promotion of public
safety and animal welfare in Hawai'i County involves much more than simple contractual
compliance between the County and any given nonprofit humane organization.
Our County's animal control issues are driven first and foremost by chronic pet overpopulation,
resulting in the slaughter of many thousands of unwanted, relinquished, abandoned or feral dogs
and cats. We have remarkably high per capita pet ownership in Hawai'i County. Our three
shelters intake and subsequently euthanize an extraordinarily high number of animals annually.
Our public funding for spay -neutering lags far behind most comparable counties and
municipalities. In short, we are not providing resources and services commensurate with the needs
of our animal population and pet -owning public. Nonetheless, animal control is not simply a
humane society problem or county government problem. It is a problem driven by social
behavior. It is a problem that calls for a new community ethic toward pet ownership and social
responsibility.
The challenges for Hawaii County are extraordinary, but not unique. It will take extraordinary
political and community resolve to work through the issues to achieve a balanced, successful
animal control program. Without that resolve, animal control concerns will continue to fester.
This study attempts to embrace the scope and gravity of Hawai'i County's animal control issues.
It presents an overall strategic plan to assess and improve the efficiency of animal shelter
operations, designate clear responsibility for enforcement functions, and muster community
involvement in the drafting of a new, more progressive animal control ordinance.
MAJOR RECOMMENDATIONS
While there are numerous recommendations found within the special study, the following major
recommendations are made after much deliberation:
The County Council should:
1. Authorize An Immediate Technical Performance Evaluation and Assessment.
The Council should immediately procure a contractor with expertise in the field of animal
service assessment to evaluate the performance of the Hawaii Island Humane Society.
The purpose of the technical performance evaluation and assessment would be to examine the
following program components: (a) departmental structure and organizational hierarchy; (b)
deployment of resources and suggested productivity improvements; (c) scheduling and
coverage requirements; (d) field operations, including vehicles, communications, record
keeping, enforcement and investigative procedures; (e) officers' and supervisors' training;
(f) court preparation and appearances; (g) office automation; (h) shelter operations, including
euthanasia and adoptions; (i) effectiveness of community relations and volunteer programs and
0) analysis of the mission statement.
The Office of the Legislative Auditor is not equipped with the technical knowledge or animal
expertise necessary to conduct an evaluation of animal shelter operations and facilities and its
management and administration. During the course of this special study, we identified at least
two national animal organizations—the Humane Society of the United States and the National
Animal Control Association—that could conduct an assessment at reasonable cost and in a
timely manner.
The findings and recommendations of the report will (a) aid the Council's formulation of
policy when drafting a comprehensive code revision of Chapter 4, and provide a qualified
appraisal of its animal control program; (b) assist the County administration, specifically the
Department of Finance, with technical information that would guide contract oversight,
reporting accountability and further contract amendments; and (c) provide feedback to the
Hawaii Island Humane Society for immediate and future courses of action.
2. Establish an animal control program having two distinct service functions: (a) a
sheltering/adoption/euthanasia service provided by an appropriate humane society; and
(b) a newly created Animal Services and Enforcement Division within the Hawaii County
Police Department.
All traditional animal shelter and care services should continue to be performed by a
contracted humane society. However, we recommend that law enforcement functions relating
to animal control be assumed by a newly created "Animal Services and Enforcement
Division" within the Hawai'i County Police Department (HPD). Specific delineation of these
responsibilities would be defined in a new animal control ordinance to take effect July 1, 2002.
ii
Enforcement functions include, but should not be limited to: (a) seizure of stray dogs; (b) leash
law enforcement, (c) vicious dog and/or dog bite investigations; (d) incidence of trespassing
animals; (e) animal nuisance, noise and defecation complaints; (f) transfer of impounded
animals to shelters; (g) animal injury, poisoning and cruelty investigations; (h) pick-up and
disposal of dead animals; (i) patrol duties; 0) rescue of animals in danger or distress;
(k) issuance of citations and summons pursuant to the provisions of Chapter 4, Hawaii County
Code; and (1) court appearances and presentation of investigative findings as required.
Presently, these enforcement duties are largely encumbered under the County's contract with
the Hawaii Island Humane Society. However, assignment of private humane officers to
respond to public complaints and requests for field services places a severe strain on the
staffing and primary service/mission of the humane society—the full-time operation of animal
shelters. Presently, both HIHS and HPD respond to calls requesting assistance and
intervention. Delineation of shelter operations and enforcement functions should enhance both
public safety and animal welfare.
The creation of classified, specialized positions within HPD for the exclusive enforcement of
the county's animal control ordinance should generate swifter and more reliable response to
animal nuisance complaints. An HPD Animal Services & Enforcement Division also might
benefit from improved logistics and field communications, coordination and cross -training with
community policing officers, and enhanced investigative resources and accountability.
Moreover, establishment of an HPD enforcement division would consolidate a
complaint/investigative database within one agency. Presently, both the HIHS and HPD
maintain separate records with no interagency protocol for the sharing of investigative
information.
Finally, it should be noted that the present system of mixing shelter operations with law
enforcement places a private humane society in an awkward role with the public. In effect, the
humane society must play good cop/bad cop. The society must care for stray and relinquished
animals, create an attractive showplace for the adoption of animals, educate new pet owners,
promote spay -neutering, and humanely destroy unwanted animals. All these tasks require
enormous public support and confidence, particularly when shelters are operating at full
carrying capacity. To ask the same personnel to enter into the arena of fieldwork, public
complaints and disputes undermines this good will.
A successful strategy to address animal overpopulation and its consequences requires that a
humane society be the nucleus of a coordinated sheltering, adoption, spay -neutering, and
public education program. Many other functions relating to animal control (dead animal pick-
up, dog bite and nuisance investigations, citations for unlicensed pets, etc.) are essential to
community safety and well-being, but contribute little to the core strategic objective of
reducing the number of unwanted, abandoned and feral animals.
To accomplish any transfer of certain responsibilities, the mayor should create an 'animal
services and enforcement transition task force' comprised of the current contractor, the Police
Department, the Office of the Corporation Counsel, the Office of the Prosecuting Attorney,
Civil Service, and the Finance Department. The managing director would preside over the
iii
task force. The task force would assure a smooth and orderly takeover of enforcement
responsibilities by June 30, 2002, the end of the current contract period with HIHS.
3. Adopt a New Animal Control Ordinance and Implement a Transition Plan.
The Council should rewrite Chapter 4, Hawaii County Code, in its entirety to conform to state
statutes, update antiquated language, incorporate national standards, and clarify enforcement
roles and issues. This task should be assigned to a council subcommittee or new ad hoc
council committee. The committee should include (in ex -officio capacities) advisory
representatives of the various humane societies, the veterinary association, animal rights
organizations, hunter and breeder groups, pet stores, and affected county agencies.
The comprehensive policy overhaul would define animal control responsibilities of the Police
Department and those undertaken by a contracted humane society. Additionally, the
recommendations of the technical performance evaluation and assessment report would
contribute to the committee's discussion. The target date for completion of all council
subcommittee recommendations should be December 31, 2001 (six months before the end of
the current HIHS contract). The effective date for implementation of the ordinance should be
July 1, 2002.
In its revision of Chapter 4, Hawaii County Code, the Council subcommittee should draft
provisions including, but not limited to, the following:
• Purpose and Mission Statement
• The designation and duties of an animal services and enforcement division within
the Police Department
• The role and dudes of the humane society(ies)
• A differential licensing fee schedule for dog owners
• A revised impoundment fee schedule
• Addressing statutory conflicts and preemptions
• Expanded county funding and distinct contracting for a spay -neuter program
• Requirement of a cat identification system
• Contractual program objectives and annual targets for increasing pet adoptions
from county -funded shelters while decreasing annual euthanasia counts
• Allowance for collaboration with privately funded humane education programs and
"no kill" shelter operators
iv
BACKGROUND
Animal control is recognized as a major function of municipal governments throughout the world.
Well -conceived and managed municipal animal control programs provide citizens with a safe
environment while ensuring the humane treatment of animals.
This special study was conducted by the Office of the Legislative Auditor pursuant to Hawaii
County Council Resolution No. 126-99 adopted on September 9, 1999. The Resolution requested
the Office of the Legislative Auditor to perform a special study of the status of animal control in
the County of Hawaii.
This study is intended to provide a clearer understanding of the County's animal control needs and
challenges, to identify nationally -accepted standards and practices used to meet those needs, and to
assimilate animal control statistics of other municipalities. Sources of our information are listed in
the bibliography.
While the special study examined contractual obligations of the Hawaii Island Humane Society, it
did not explore operational, field and administrative animal control methods since we are not
qualified to make that review.
This special study was organized for the benefit of the reader. The objectives (#1-7) and sub -
objectives (A -F) have been labeled below. These labels will be used as notations in the study to
point the reader to the objective or sub -objective being addressed.
Scope and Objectives
Hawaii County Council Resolution No. 126-99 resolved that the scope and objectives of the
special study are as follows:
Provide a detailed synopsis of the history of animal control in the County of Hawaii,
including:
A. When did animal control become a specific and separate objective of the County and
why?
B. When did the County of Hawaii begin contracting out the service?
C. What departments have managed the contract and why?
D. What organizations have been awarded the contract?
E. How much funding has been appropriated throughout the years?
F. What reviews, studies, and/or other audits have been conducted in the past?
2. Examine the relevant legislation affecting animal control in the County of Hawai'i and
determine the following:
A. Who has the authority to enforce the current legislation?
B. Is the current legislation clear and understood by those in charge of enforcing it?
C. Is the current legislation consistent at both the State and County level?
D. Is the current enforcement process (e.g. issuing citations, conducting hearings, etc.)
working?
3. Identify the common functions (and challenges) of animal control programs and determine
what, if any, are the unique needs faced by the County of Hawaii.
Examine the current animal control contract and report on the following:
A. What is the method of procurement used to award the contract?
B. What are the specific obligations required under the contract?
C. Is the current contractor meeting the current conditions under the contract?
D. Does the contract require the enforcement of all provisions of Chapter 4, Hawai `i
County Code?
E. What are the reporting obligations provided for in the contract?
5. Determine how the County ownership of the West Hawai'i Shelter affects the effectiveness
of the County's animal control program.
6. Determine what nationally recognized organizations exist that influence animal control
efforts and detail the acceptable animal control standards established by these organizations.
Investigate and compare the animal control efforts of other municipalities with those of the
County of Hawai'i using, at minimum, the following:
A. The approximate per capita budget for animal control.
B. The practice of contracting animal control functions to a private entity.
C. The use of animal control officers vs. police officers to enforce animal control
ordinances.
D. The per capita cost in other counties (animal control budget/county population).
E. The per animal cost in other counties (animal control budget/animals processed)
F. The percentage of animals brought into the shelters that are adopted-euthanized-reunited
with owner.
WHY ANIMAL CONTROL? (Rao #3)
OVERPOPULATION— THE CORE CHALLENGE OF ANIMAL CONTROL
Pet overpopulation is the most serious problem faced by animal sheltering and control programs
throughout the U.S.
A 1997 household survey conducted by the American Veterinary Medical Association' determined
that there are 59 million cats and 52.9 million dogs in American households. According to the
study, an estimated 58.2 million (59%) U.S. households owned one or more companion animals
during 1996. While cat population surpasses the canine count, 4.2 million more households owned
a dog than a cat.
Only one in ten of every animal born in the
United States remains in the care of a
permanent home for the duration of its life.
In turn, the destruction of stray and
unwanted pets in animal shelters is the
leading cause of mortality for companion
animals in the U.S.
In 1999, the Humane Society of the United
States (HSUS) estimated that 8-12 million
cats and dogs enter shelters each year. In
September, 1993 a study contracted by
HSUS estimated that seven to eight million
unwanted animals were euthanized
annually in the U.S'
The HSUS study attributed pet over-
population to failure by owners to have
their pets spayed or neutered, allowing
animals to roam, and planned breeding.
Average number of litters a fertile
dog can produce in one year ................................. 2
Average number of animals
in an average canine litter ................................. 6.10
In sic years, theoretical number of dogs
produced by one female and her offspring ........ . 67,000
A%%%%%%
Average number of litters a fertile
cat can produce in one year ................................... 3
Average number of animals in an
average feline litter ............................................ 4-6
In seven years, theoretical number of cafe
produced by one female cat and her offspring ...420,000
nmw,uw, r
Source: Humane Society of the United States, 1999
The HSUS study identified overpopulation as the root cause of nearly all other community animal -
related problems. For instance, intact (non -sterilized) animals are over two times more likely to
bite than sterilized animals. Intact dogs account for 95% of all fatal maulings. In 1999, the
American Veterinary Medical Association (AVMA) reported that approximately one million
Americans annually require medical attention due to dog attacks, with up to another million not
seeking medical attention or reporting the bite incident. John Freeman, AVMA, stated that "Dog
attacks are the No. 1 public health problem of children, with more than half of children bitten by
3
age 12." The Insurance Information Institute reported that insurance companies paid an estimated
$250 million in dog bite liability claims in 1996.
While a mandatory spay/neuter program is commonplace in animal shelter operations, it affects
only a small percentage of the total dog and cat population in any community. National surveys
show that just 14% of pets are acquired through animal shelters. The vast majority of pet owners
acquire animals from friends and neighbors, newspaper ads, pet stores, purebred animal breeders,
or adopt stray animals. As a result, animal population control requires ongoing public education,
financial incentives for spay/neuter services, licensing, and enforcement treasures.
HAWAI°I COUNTY: ANIMAL OVERPOPULATION AND HEALTH ISSUES
It is difficult to assess the animal population in Hawai'i County. In 1999, Hawai'i Island Humane
Society (HIHS) reported a first-ever decrease in the number of pets turned in to shelters since it
first started keeping track of animal intake islandwide in the early 1990s. HIHS attributed the 6%
decrease (15,314 animals as opposed to 16,308 in 1998) to better care by pet owners and success
registered by its low-cost sterilization programs.
AMVA provides a formula for estimating pet population based on survey data, which can be
applied to Hawai'i County's 144,000 people and 54,340 households (US Census Bureau).3 AVMA
formula should not be considered 100% accurate, but it does offer one method of estimating pet
population on the Big Island. The following estimates are computed, using AVMA's percentage of
0.534 dog -owning and 0.598 cat -owning households, respectively:
No. of Households in HI County= 144,000 (Population) /2.65 (Census Bureau) = 54,340
54,340 households
X 0.534
Estimated total number of DOGS = 29,018
54,340 households
X 0.598
Estimated total number of CATS = 32,495
Total estimated number of dogs and cats in Hawaii County = 61,513
It is reasonable to surmise that this estimate is much larger given the prevalence of rural
households, hunting dogs and breeder activity on the Big Island. HIHS staff interviewed for this
study estimated that fewer than half of all the dogs on the Big Island are currently licensed. This
may be understated given the 10,806 dog licenses issued in a two-year period from 1997-99.
An estimate of pet population is further hindered by pet -owner non-compliance with Hawaii
County's animal control ordinance coupled with no licensing requirements at all for cats.
It would not be fair to only look at pet population figures without acknowledging the feral cat and
wild dog populations on this island. Dr. Sterrett Grune, a veterinarian in Puna interviewed for this
study, estimated that there may be up to several hundred thousand feral cats on the Big Island. He
also referenced problems with packs of wild dogs in the Volcano area, including attacks on grazing
cattle.
The prevalence of abandoned and feral animals on the island contributes to the spread of animal
diseases, some posing a threat to people. Leptospirosis in older dogs presents a public health risk
for humans, particularly agricultural workers. There is no human vaccine for the disease.
Symptoms of leptospirosis are typically flu-like and can go easily undetected. Up to 15% of
people may die from it. Its spread may be prevented in catchment water systems by the addition
of chlorine, but poses a threat in groundwater such as the Waipio River.
Dr. Grune cited a disturbing, perennial prevalence of parvo virus in dogs, particularly in Puna, a
"hotbed" host climate for survival of the virus. The virus may thrive in an infected yard for up to
a year. Puppies 6-20 weeks of age are particularly susceptible to parvo viral infection and almost
certain death. Treatment for adult dogs is expensive, and much of the public remains ignorant of
the disease and needed preventive measures. He estimated that up to 30% of pet owners avoid
veterinary care altogether, thereby adding to inattention and lack of care for animal diseases.
Among cats, Dr. Grune reported seeing 4-5 feline leukemia/FIV positive cats, usually males, per
month in his practice. He stated that the widespread presence of feral cats contributes to the
disease, which is easily contracted by salivary contact, mutual grooming, and cat fights. He noted
that dumping of unwanted cats and/or feeding of cats at island transfer stations contributes to the
island's feral cat population.
As one of two veterinarians on the island authorized to administer DEA -regulated sodium
pentobarbital for euthanasia performed at Humane Society shelters in Hawaii County, Dr. Grune
attested to the problems of sustaining a viable animal population control program. He noted that
the $55 fee assessed for spay/neuter surgery does not even cover the costs of surgery and lost
business revenues performed by veterinarians.
We also attempted to obtain a figure for the number of humans bitten or attacked by a dog in
Hawaii County. There is no central data collection or reporting agency for this activity.
The control of animals in Hawaii County is a function of public health and safety.
F
WHAT IS AN ANIMAL CONTROL PROGRAM?
(Reap #3)
While there is much diversity evident in the organization and quality of services provided by
government and privatized animal control programs throughout the United States, nearly all
perform these essential functions:
• Enforce animal control ordinances
• Maintain an animal control shelter either through contractual agreement or direct
supervision
• Prohibit cruelty toward animals
• Provide emergency, rescue and recovery services for lost, injured, distressed and
mistreated animals
• Practice humane euthanasia of animals received by shelters that are not reclaimed by
owners or adopted
• Promote licensing and/or standardized identification of both cats and dogs
• Provide an affordable spay/neuter program to enable residents to sterilize their pets
• Practice mandatory sterilization for all animals adopted from shelters
• Deter animal homelessness and overpopulation through ongoing public education
HSUS sees the integration of three components as essential to a community strategy for animal
control: legislation, education and sterilization (LES). HSUS reports that animal shelters that
observe this formula typically reduce the number of animals they handle after several years of
operation.'
CHALLENGES OF ANIMAL CONTROL PROGRAMS (Reno "s)
The common challenges faced by many government -funded and nonprofit animal control agencies
have been found to be as follows:
• To define common objectives and cultivate effective partnerships between government
agencies responsible for local animal control laws and non-profit humane groups;
• To establish regional and timeline -defined goals to lower rates of impoundment and
euthanasia of lost, unwanted or feral animals and to increase the spay/neutering and visual
and/or microchip identification of pets;
• To clearly define enforcement laws and the responsibilities of agency personnel to issue
citations and testify in court proceedings; a well-functioning animal control program
clearly specifies the duties performed either by local police departments or authorized
animal control officers (ACOS), to include:
ri
• Pick up and impound stray animals
• Writing citations for ordinance violations
• Making court appearances
• Investigating cruelty and neglect complaints
• Processing animal permits
• Working with animal owners to resolve barking and disturbance complaints
• Making educational presentations to civic groups, schools, and neighborhood
associations
To promote the adoption of impounded and relinquished animal companions;
• To establish adequate general fund appropriations for municipal or county animal control
services coupled with charitable support for non-profit animal shelters, education and humane
programs. As a guideline, Save Our Strays recommends $5-6 per capita with 25% allocated to
proactive spay/neutering and permanent identification programs;
• To encourage and support the involvement of veterinarians in low-cost spay/neuter surgery,
including periodic voucher promotions, pet behavioral exams, dog training classes, and new
owner orientation to animal care;
• To support community-based citizen groups who trap/vaccinate/alter/release feral, free -
roaming cats to stem the volume of kittens from feral colonies and/or maintain "no -kill"
animal shelters for pet acquisition; and
• To increase public awareness and education regarding the lawful responsibilities of pet owners,
the humane treatment and custody of animals, recovery steps for lost pets, complaint
procedures, and public/private resources and contact information.
While HSUS recommends that all communities have a program to handle animal -related
complaints, successful programs tend to have the following characteristics:
➢ Local government support -both political and financial
➢ A comprehensive animal control ordinance and the ability to enforce it
➢ Adjunct laws and programs to ensure that all pet owners have access to affordable
sterilization services
➢ Adequate facilities and equipment
➢ A staff of animal caretakers professionally trained to quickly and humanely handle animals
at minimum risk to themselves
➢ A working relationship with one or more veterinarians
➢ An effective public education program'
A model for establishing an effective community infrastructure is attached as Exhibit A from CLC
Publishing entitled "An Ideal Community Homeless Animal Management System."
ANIMAL SHELTER TRENDS (Rao M3)
In reply to an inquiry by the Legislative Auditor for this study, the National Shelter Outreach
Department of the American Society for the Prevention of Cruelty to Animals (ASPCA, New
York) transmitted a summary of trends observed in animal shelter operations nationwide.' These
trends (and others) are presented below.
PUBLIC EDUCATION INITIATIVES
Increasingly, shelters promote education with current and prospective pet owners in the areas of
behavioral follow-up, help lines and training of adopted companion animals. Outreach services
may also include community-based disaster planning for pets, establishment of dog parks and
agility courses, play areas for children at shelter sites, interactive learning centers and partnerships
with libraries, museums and zoos.
HIHS disseminates pamphlets detailing the toll-free ASPCA "Ani -Med" touch tone help line for
pet owners seeking information on some 132 per selection health care, behavior and responsible
ownership topics.
Notably, the HIHS has also produced a detailed pamphlet for Big Island pet owners on disaster
preparedness and guidelines for animal care during and after hurricanes, earthquakes, flash floods,
lava inundation, tsunamis and brush fires.
Posting of animal control ordinances on county and city web sites has proven to be effective
educational and regulatory informational service. A newly introduced animal control web site
(http://www.co.clark.nv.us), hailed by the National Animal Control Association, was inaugurated
by Clark County, Nevada in 1998. The site offers tips for pet owners, information on the county's
ordinance, and a link to an area shelter featuring information on animals currently available for
adoption.
Promoting the advantages of pet sterilization and the merits of adopting animals surrendered to
shelters are critical elements of a public education program. Sterilized pets lead longer, healthier
lives. Spayed females are less likely to develop uterine and ovarian cancer, as well as breast
cancer. Neutered males are less at risk for prostrate enlargement and prostrate cancer. Sterilized
pets are more affectionate, less likely to roam, get in fights, or become lost. Overweight pets are
a consequence of overfeeding and lack of exercise, not spaying or neutering.
Similarly, much of the public has negative perceptions of animal shelters; as a result, less than
15 % of cats and dogs are acquired from shelter facilities. However, when pet stores like PetSmart
and Petco adopt hundreds of thousands of animals, the public has responded positively to animals
presented positively.
9
Some shelters provide mobile services for animal adoption, spay/neuter and vaccination. Others
provide transportation for indigent and elderly pet owners to enable them to utilize spay -neuter
services.
MICROCHIP IDENTIFICATION
Increasingly, pet owners and animal shelters are employing Microchip IDs, a nationally recognized
microchip device implanted for animal identification to assist in returning lost animals and/or
document that the animal has been sterilized.
A microchip is a tiny, inert electronic transponder about the size of a grain of rice. It is implanted
into an animal using a painless procedure, usually in the scruff of the neck. The procedure is
short-lived and requires no anesthesia. The chip remains inactive until read by a scanner.
Until 1996, no scanners could reliably identify microchips produced by all U.S. manufacturers.
However, development of a multi -system scanner by microchip marketers Schering-Plough and
Avid in 1996 now allows shelter operators to read or detect competitive IDs and thereby trace
animals to owners and relieve housing costs for shelters.
Traditionally, shelters have promoted pet tags through licensing as primary identification, despite
historically poor performance as a means of returning lost pets. Increasingly, however, permanent
microchip identification is acknowledged to be a preferred animal ID, with collar tags used as a
visual, secondary back-up.
In its Fall 2000 quarterly newsletter, the Hawaii Island Humane Society added microchipping
adopted animals to its menu of services for an inaugural nominal $5 fee. Interested pet owners are
cautioned that while a microchip is a preferred identification for a pet, it is only as good as the
information provided. A change of address, phone number, or ownership triggers the need for an
updated database to assure that a lost pet is successfully reunited with its owner.
PET RETENTION
Unplanned and irresponsible pet acquisition, care and handling are primary causes of pet
abandonment and subsequent euthanasia. People generally seek little or no consultation before
acquiring a companion animal. The selection is usually a personal decision often made with little
consideration of animal health or welfare issues, economic realities, or potential for legal liability
posed by the animal. Lack of knowledge about the behavior and temperament of a species,
particularly trendy animals, can result in negative outcomes for both animals and pet owners.
A growing body of evidence indicates that euthanasia reduction efforts historically focused on
spay/neuter must be accompanied by initiatives to encourage and support pet retention by owners.
A study of 27,000 households in Alameda and Contra Costa counties in California showed that
most pets surrendered to shelters by their owners were owned for less than one year.
The issue of pet retention and owner responsibility prompted the City of Billings, Montana to
develop a pamphlet posing these questions to prospective pet owners:
W
• Will you purchase a current dog license?
• Are you willing to obey leash laws for the safety of your pet and others?
• Will you provide immunization shots?
• Will you give your dog proper exercise under supervision?
• Are you familiar with local animal control laws?
• Will you be a thoughtful "pooper-scooper"?
• Are you committed to caring and being responsible for the animal for its
lifetime?
• Are you willing to control the breeding of your pet?
FERAL CAT ALTERING
Surveys conducted in communities throughout the U.S. indicate that 7-22% of households feed
free -roaming cats, thereby creating a community of quasi -pets. Survey data indicates that 17-39%
of pet cats are recruited from free roaming cat populations. The number of totally feral cats
receiving no human care or feeding eludes accurate estimates, but ranges in the millions.
Consequences of feral cat populations include unintended pregnancies, contraction and
transmission of infectious diseases and parasites, injuries inflicted on humans, injuries to the
animal, starvation, accidental or intentional poisoning, and significant mortality inflicted on local
wildlife species, particularly birds.
Another initiative gaining ground in the area of animal control are "Feral Cat Altering Programs"
aimed at reducing the feral cat population along with the number of animals euthanized in shelters.
Trained volunteers trap and transport feral cats to veterinarians' hospital for surgery, and then
release them to their habitat. The California Chapter of the American Veterinary Medical
Association has established a cadre of participating veterinarians who assist local volunteer feral
cat coalitions.
On Oahu, some 30 volunteers for the Abandoned and Feral Cat Foundation have trapped and
neutered (altered) about 400 cats over a 7 -month period. The cats are neutered at the Hawaiian
Humane Society and then returned to their home on the streets. The group is presently lobbying
against a rule to ban the public from feeding feral cats proposed by the Department of Health.
Stacy Ozaki, co-founder and president of the Foundation says, "neutering and returning cats is
more humane than letting them fend for themselves or destroying them."
Recently, the Hawaii State legislature considered a bill that established a statewide managed cat
colony task force. However, the measured died in committee.
DIFFERENTIAL LICENSING
License ensures that pet owners shoulder some of the financial responsibility for the costs of
animal control programs. A number of counties and communities have enacted ordinances
differentiating user fees for the licensing of intact (unsterilized) and sterilized animals. In part,
this has been a deficit-reduction strategy, but the primary goal of differential licensing has been to
assess higher fees for breeders and owners of intact animals, who contribute to pet overpopulation.
Differential licensing also gives owners an incentive to sterilize their pets.
10
For example, in 1988, Jefferson County, Kentucky raised license fees for both cats and dogs to $3
for sterilized animals and $6 for intact animals. Two years later, the county upped its fees again,
to $4.50 and 12, respectively. In addition, the county implemented a "violation notice" of $15,
plus a $10 -per animal "late fee" to owners of unlicensed animals. Through higher license fees
and stricter enforcement, the county recouped 38% of its budget for animal control and protection
services in 1992, up from 9% in 1988. With increased revenue, the county hired a full-time
education director, an investment in reducing the need for future animal control services. In 1992,
King County, Washington enacted one the nation's highest differential licensing fee schedules,
setting an altered animal license at $10 per animal and an intact animal license at $55.
RESTRICTIONS/MORATORIUMS
Some jurisdictions have adopted ordinances establishing temporary moratoriums on the breeding of
dogs or cats and/or require an additional breeding permit and fee. Montgomery County, Maryland
requires pet owners to purchase a breeder's permit each time a dog or cat is bred, and further
requires owners to include the breeder's permit number in any advertisement to sell or transfer
ownership of the litter. In San Mateo, California, a 1990 ordinance mandated that all cats and
dogs over six months old must be spayed or neutered unless the owner holds a special unaltered
animal permit and pays a higher license differential. Other communities have passed outright
"animal limitation laws" to curb pet overpopulation and the excesses of animal collectors.
"USER FRIENDLY" ANIMAL CONTROL OFFICERS
In the mid -1800s, when the first animal shelters appeared in the U.S., animal control
ordinances and practices were primarily concerned with the protection of people and
property. Enforcement of animal control laws, almost exclusively concerned with dogs, was
the norm. Today, however, a more progressive and comprehensive philosophy of animal
control has supplanted the old stereotype of the "dogcatcher" and "pound."
Increasingly, the image and job description of the animal control officer has shifted to a
friendly, community-based orientation with officers issuing warnings for first offenses rather
than citations whenever possible.
11
COMPARISON OF ANIMAL CONTROL
PROGRAMS IN THE STATE OF HAWAII
AND OTHER MUNICIPALITIES�n-A-F)
NEIGHBOR ISLAND COUNTIES
All four counties are empowered by §143-15, HRS to contract with a private entity for animal
control services. Currently, the County of Hawaii contracts with the HIHS, the County of Maui
contracts with the Maui Humane Society, the County of Kauai contracts with the Kauai Humane
Society and the City and County of Honolulu contracts with the Hawaiian Humane Society.
The only county with a population of less than 100,000 is Kaua'i. This means that the County of
Hawaii, the County of Maui, and City and County of Honolulu are not required to use police
officers for the enforcement of animal control laws.
The City and County of Honolulu states in their animal control contract, " there is no City agency
or personnel who can perform the work under the terms and conditions herein, and the Department
of Finance ... is the City agency administering contacts covering such activities." Enforcement of
Honolulu's animal control ordinance, including the issuance of a summons or citation to an alleged
violator, is undertaken by both police officers and officers of the Hawaiian Humane Society who
have been deputized by the chief of police. Similarly, seizure and impoundment of stray animals
may be performed by deputized humane officers or officers of the Honolulu Police Department.
The County of Maui allows the mayor or his authorized representative the authority to designate
animal control officers, including County personnel if necessary. However, the Code currently
does not require the police department to enforce county animal control laws. The County Council
appoints the poundkeeper.
The County of Kauai authorizes the Kauai Humane Society to appoint animal wardens for the
enforcement of their animal control regulations. Additionally, the County, in accordance with
§143, HRS, authorizes any police officer or other authorized officer to do the same.
The table of county animal control programs within the State of Hawaii provided on page 18
shows demographics, animals handled (intake at shelters), comparative funding and cost analysis,
disposition of animals handled, spay -neuters performed, and county subsidies for spay -neuter.
Broadly, several key indicators point to the effectiveness of animal control programs. An annual
decrease in the total numbers of animals taken in by shelters and subsequently euthanized is one
measurement. Corresponding increases in the numbers of animals redeemed/re-united with pet
owners, adopted by the public, and/or spay -neutered are other measurements to assess program
success. While these indicators are widely cited in animal control literature, they are not stated as
evaluative measurements in the current HIHS contract as means to judge program effectiveness.
12
Despite its recurring and high number of animals requiring sheltering, Hawai'i County provides
the least funding support for spay -neuter among the four counties.
1. City and County of Honolulu
Notably, the animal control contract maintained by the City & County of Honolulu places strong
emphasis on spay/neuter as an essential program element. Honolulu's agreement states that "the
Contractor and the City share the long-term goals of reducing the number of homeless animals and
of educating the public in responsible and lawful animal ownership." Distinct contract allotments
are provided for animal control/shelter services, funded at $1,515,772 in FY2000, and spay/neuter
services, funded at $559,700 annually. Article 5, Chapter 7 ("Animals and Fowl") of the
Revised Ordinances of Honolulu specifically established a clinic, through a fee-for-service
contract, for spay/neutering services. The ordinance also set a fee schedule of $29.00 for spaying
of a female dog or cat and $18.00 for neutering of a male dog or cat.
Provision of animal control services to the City and County of Honolulu has been performed under
contract by the Hawaiian Humane Society, a Hawai'i nonprofit corporation, since 1934. The
practice of contracting a private entity, as stated in the contract agreement, is due to a lack of
"City agency or personnel who can perform the work."
Per amendment to Honolulu's animal control ordinance in 1990, a "Cat Identification Program"
was established. Unlike Hawai'i County, which requires no licensing or identification of cats,
Honolulu's revised ordinance requires pet owners to maintain an ID consisting of, alternately, a
collar or tag, an ear tag, or a microchip. Moreover, any cat at -large over six months old must be
sterilized by a veterinarian. The penalty for violation of any provision of Honolulu's Cat ID
Program is a fine not to exceed $100.00.
Under the terms of Honolulu's animal control contract, the Hawaiian Humane Society is required
to provide personnel, facilities, equipment, supplies, supervision and administrative support to
operate the island's animal shelter, provide patrol services, enforce regulations, maintain a 24-hour
dispatch service to respond to public animal nuisance complaints and requests for services, provide
and maintain dog license files, and administer the City's spay/neuter clinic and program.
In 1996, the Honolulu City Council authorized a performance audit of the Hawaiian Humane
Society. The program had not been audited since 1980. The audit was performed by Arthur
Anderson LLP and completed in September 1997. The cost of the audit was approximately
$55,000. Its major findings were as follows:
(1) The Society's animal control program had mixed results against certain animal control
performance 'benchmarks';
(2) The Society's budgetary controls could be improved;
(3) The Society's system to track and address public complaints about Humane Society
personnel was inadequately documented;
(4) The Society did not comply with contract provisions in such areas as program
reporting and monitoring, response time for animal nuisance calls, and use of animal
control officers;
13
(5) Animal care provided by the Society and its spay/neuter veterinarians appeared to be
adequate, but certain improvements could be made;
(6) Internal operations in the areas of measurable program goals and objectives, controls
over purchases and record keeping could be improved; and
(7) Oversight of the contracts by the City's Department of Finance could be improved.
Honolulu's funding for animal control services is markedly greater than that of neighbor island
counties. Largely, this reflects the population of Oahu (872,478), six times that of the Big Island
(144,000). The difference in animal control operating expenditures on Oahu ($1,443,595)
compared to Hawaii County expenditures ($632,620) is largely accounted for by greater
staffing -49 employees compared to 15 employees (1999 personnel figures). Funding is
negotiated annually between the City and the Society. Typically, the Society has operated its
program at a loss, subsidized by the Hawaiian Humane Society. For instance, the 1997 audit
noticed expenses exceeding revenues in FY1995 ($121,460) and FY1996 ($75,525). The Hawaii
Island Humane Society operates with similar deficits and non-profit subsidies to the county.
Despite its larger budget, Honolulu's 1999 intake of animals (17,063) was nearly equivalent to that
of Hawai'i County (15,314). In part, this disparity reflects pet ownership per capita. O'ahu's
crowded urban core mitigates against pet ownership at witnessed by the ban on pet ownership
upheld by most condominium associations. It also may reflect a lesser number of stray animals
per capita in urban Honolulu compared to rural islands. In 1999, some 2,347 animals were
redeemed/reunited by owners from O'ahu's shelter compared to 723 animals from Big Island
shelters. Seemingly, the incidence of stray and/or abandoned animals is much greater in Hawai'i
County.
Honolulu's generous subsidy for spay/neuter operations ($559,800 compared to Hawaii County's
$35,000) resulted in the spay/neutering of 10,341 animals compared to 2,830 in Hawaii County in
1999. At a cost of $54.13 per spay/neuter, Honolulu's funding provides reimbursement to
veterinarians more nearly commensurate with the true cost of minor surgeries.
Several indicators of animal control outcomes were remarkably similar in 1999. Some 2,392
animals were adopted from O'ahu's shelter while 2,051 were adopted from shelters on the Big
Island. A total of 12,324 animals were euthanized by the Hawaiian Humane Society on O'ahu,
while 12,406 were euthanized in Hawai'i County. However, O'ahu humane officers and police
department personnel issued 507 citations in 1999 compared to only 67 in Hawaii County.
2. County of Maui
The County of Maui's "Animal Management" program, administered by the Department of
Housing and Human Concerns, is operated through a contract with the Maui Humane Society,
which has managed the Maui Animal Shelter since 1987. The shelter and "adoption center" is
open to the public nine hours daily, six days a week. Patrol services are provided 10.5 hours
daily, six days a week with on-call personnel available for after-hours response as directed by
police dispatch. Discounted certificates for spay -neuter surgeries are available to the public at
public libraries, the Moloka'i and Lanai police stations, and the Maui Animal Shelter.
14
Maui County funding for its MHS contract for the current fiscal year ending June 30, 2001 is
$554,772, of which $45,000 is specifically appropriated for a spay/neuter program. The contract
provides for:
• Operation of an animal shelter and adoption center in Puunene;
• Enforcement of regulations specified in Title 6 of the Maui County Code and
HRS §711-1109;
• Enforcement of provisions of Title 6 of the Maui County Code as may be appropriate to the
management of animals as defined by HRS §711-1100;
• Patrol services on the Island of Maui;
• Operation of a dispatch office to receive requests for services and complaints about animals
from the public.
Maui's Animal Management Program has three stated objectives:
1. To enforce state and county laws relating to licensing dogs, restraining dogs, the nuisance of
dogs, and prevention of cruelty to animals;
2. To provide a means to shelter, impound and adopt animals; and
3. To increase the number of sterilized cats and dogs in Maui County.
In addition to these core contract services, the Maui Humane Society (MHS) places an emphasis
on pet adoption, sterilization and education. A full-time adoption counselor screens prospective
adopters to ensure that animals leaving the facility will receive a minimum level of care. A part-
time veterinarian performs spay/muter surgery for every adopted animal and a part-time education
coordinator visits elementary schools to promote responsible pet care. The MHS also manages an
active feral cat control program that has reportedly reduced feral cat populations in 63 maintained
colonies.
In 1999, fewer animals were taken in by Maui's shelter (9,829) than by the Hawaii Island
Humane Society (15,573), although the Maui program issued 3,506 dog licenses, more than the
3,312 issued by the Hawai'i Island Humane Society. Notably, the Maui program issued 604
citations in 1999 compared to 67 citations issued by the HIHS in Hawaii County. The Maui
program, according to a 1996 report by executive director Gary Hendel, "has always placed an
emphasis on our island feline population," although its county contract deals only in dogs. His
1996 report indicated that appropriations by Maui County were supplemented by direct MHS funds
authorized by the MHS board for spay -neuter, dead animal pick-up, and PSA radio advertising.
3. County of Kauai
The Kauai Humane Society (KHS), a private nonprofit organization, operates a shelter and
adoption program. The Society receives $440,000 annually from the County of Kaua'i to perform
.all duties and responsibilities relating to the protection, capture, care and disposal or small
animals that were customarily and historically performed by the animal wardens employed by the
County Department of Public Works." Under its county contract, the KHS is also responsible for
responding to public requests for assistance, capture of unleashed or stray animals, and collection
15
and disposal of animal carcasses on public roadways. Additionally, the KHS receives a $60,000
county grant for spay/neutering of dogs and cats, on the condition that such services are free to the
public. Finally, the Kauai contract provides an additional $19,700 for a performance audit of the
Society's operations to be completed by an independent C.P.A not later than December 15, 2001.
The Kauai Humane Society does not receive funding
from the Hawai'ian Humane Society or any other
animal rights organization. However, KHS has
mounted a successful local capital fund drive for its
new shelter facility and headquarters in Hanapepe.
Like Hawaii County, Kauai experiences consider-
able intake of surrendered and impounded animals
annually.
Rendering of -Now Building"
Kauai Humane Society, Hanapepe
With a population of only 45,800 people, Kaua'i's reported animal intake count in 1998 was
12,106, the highest per capita in the State of Hawaii. Kaua'i's high intake figures, while
presently subject to audit, have prompted some groundbreaking efforts to spur adoptions of
unwanted animals. In 1995, KHS launched its "Aloha Angel Escort" program, whereby sheltered
animals are escorted by tourists as `excess baggage" to mainland destinations where there are
waiting lists of people who want small breed dogs. KHS has since forged partnership agreements
with the MaxFund Shelter in Denver, All Critters Shelter in San Francisco and Oregon Humane
Society in Portland.
Statistical Analysis of Other Jurisdictions
A survey of ten humane societies on the U.S. mainland with population (+90,000-+200,000
people) comparable to Hawaii County (144,000) is shown in Table 2. On average, these counties
and municipalities took a little over half as many animals in 1998 (8,748) as the HIHS in Hawaii
County (15,314). Adoption rates, on averaged, were slightly higher, and program costs per
animal—a more telling indicator than population—were higher. Geographically, no surveyed
jurisdiction was comparable in size of square miles to Hawaii County (4,028. sq. mi.).
Accordingly, the picture that emerges suggests that Hawaii County's animal control program is
underfunded.
The data gathering and statistical record-keeping undertaken by King County, Washington
provides a model for longtitudinal analysis of the effectiveness of animal control operations. As
shown in the tables below, since 1990 King County has successfully increased the numbers of
licensed and altered dogs and cats, reduced the numbers of licensed unaltered dogs and cats, nearly
doubled the number of total paid licensed pets, and reduced the number of total euthanasias
performed, particularly of healthy and adoptable animals. In addition, King County Animal
Control dramatically reduced the intake of animals "dead on arrival" to its shelters.
16
Table 1
Animal Control Statistics of King County, Washington
LICENSES ISSUED - DOG
1990 1991 1992 1993 1994 1995 1996 1997
Altered 31,538 32,794 37,280 43,918 47,573 50,995 50,787 53,992
Unaltered 11,286 10,878 7,571 5,298 4,971 4,702 4,493 4,415
LICENSES ISSUED - CAT
1990 1991 1992 1993 1994 1995 1996 1997
Altered 11,540 12,989 14,730 22,824 28,210 30,167 31,670 32,997
Unaltered 1,764 1,080 395 129 182 193 180 190
TOTAL LICENSES PAID -
1990 1991 1992 1993 1994 1995 1996 1997
57,254 58,968 62,468 81,195 91,403 95,117 96.679 100,685
EUTHANIZED - DOGS/CATS COMBINED
1990 1991 1992 1993 1994 1995 1996 1997
Healthy, Adoptable 2,952 2,535 1,421 1,132 299
Unadoptable 6,080 6,203 6,515 6,485 6,307
All Euthanasias 13,765 11,584 10,510
Total 13,765 11,584 10,510 9,032 8,738 7,936 7,617 6,606
DISPOSITION OF ANIMALS
17
1990
1991
1992
1993
1994
1995
1996
1997
Adopted
1,525
1,705
1,348
1,802
2,018
2,796
3,316
4,315
Redeemed
1,775
1,763
1,724
1,524
2,214
2,397
2,311
2,215
Euthaniud-Total
13,765
11,584
10,510
9,032
8,738
7,936
7,617
6,606
Dead on Arrival
3,784
3,638
2,387
1,321
1,572
1,246
1,180
1,217
TOTAL
20,849
18,690
15,969
13,679
14,542
14,375
14,424
14,353
17
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THE HISTORY OF ANIMAL CONTROL IN THE
COUNTY OF HAWAI`I.(a^"1-"-')
Researching the history of animal control in Hawai'i County focused primarily on the County's
role in the formulation of legislation, participation in shelter construction, and examination of the
animal control program by the County. In order to find this information, we looked at all
ordinances and relevant documents available in the Clerk's Office since the early 1900's. Audits
were located in the Legislative Auditor's Office. We have not listed proposed county legislation
that did not pass.
While there have been changes over the years to the Code, this special study undertaking is the
first to look at the animal control program in its totality in many years.
1912 The County of Hawai'i Board of Supervisors adopted its first animal control ordinance
making it unlawful to knowingly allow horse, cattle, sheep, and goat to roam or graze
on public lands. Enforcement was performed by the sheriff s office.
1940 The Board of Supervisors created a 5 -member Hawai'i Humane Commission who was
to have complete charge and management of all matters pertaining to an animal home
established by the Board. The Commission was empowered to seize and impound all
stray and diseased cats, all unlicensed and stray dogs running at large, and to dispose of
them.
1945 The Hawai'i Humane Commission was repealed and a `Pound" was established for the
same purposes. The "Pound" was a separate County agency headed by an appointed
dog warden staffed with dog catchers.
1955 The County law expanded unlawful roaming to private lands in the City of Hilo.
1963 The "Pound" was transferred to the Hawai'i County Police Department (HCPD) and
the chief of police was the chief dog warden. The pound had to be staffed by a
sufficient number of dog wardens, who would have powers of a police officer in
carrying out their specific animal control duties. The dog wardens were authorized
(1) to enforce and comply with state law regulating dogs; (2) to seize, impound and
dispose of any stray or diseased cats; and (3) to care for and feed dogs, cats and other
small animals in its custody. In its first year of operation, the HCPD handled 3,263
dogs with a budget of about $12,000.
1968 HCPD handled 6,119 dogs with a budget of $18,260.
1970 Legislative Auditor R.B. Legaspi released a report entitled Report of the Hawaii
County Pound. (Comm. No. 668). The report found that (1) the Hilo Pound was
operating as well as could be expected considering its understaffed condition; (2) the
19
premises were in good repair; (3) a shortage of kennels was predicted due to the
increasing workload and the advent of a proposed leash law in urban areas. The report
also recommended increasing the number of pound personnel, increasing Hilo's auto
fleet by one truck, installing radio hookup with pound vehicles to police radio
frequencies, shifting administrative paper work from pound personnel to the Police
Department, relocating Hilo's operations possibly next to the proposed zoo, and
constructing a Kona animal pound.
1973 The County passed a law enabling the use of humane societies in providing animal
control services. HCPD handled 8,312 animals with a budget of $28,748.71.
1975 The Kona Pound was constructed by the County.
1975 The West Hawai'i Humane Society (WHHS) was contracted to operate and maintain the
Kona Pound and one leased from Parker Ranch. WHHS's scope of coverage was
Kona, Kohala and Kau.
1975 The Hawai'i Island Humane Society (HIHS) was contracted to provide animal control
services out of its shelter in Kea'au covering the districts of Puna, Hilo and Hamakua.
The County agreed to reimburse the societies for actual expenses incurred while
administering their required duties.
1980 The County Council adopted Ordinance No. 510, which (1) established impoundment
responsibilities and fees for animals, except dogs and cats, (2) placed the duty of care
involving an accident with an animal including dogs and cats with the driver of the
vehicle; (3) established a cruelty to animals section; (4) established a prohibition for
dogs, cats or other animals to be in a county beach park or food establishment;
(5) began to define nuisance activities of a dog or domesticated animal; (6) outlined the
process and penalties for seizing licensed and unlicensed stray dogs; (7) initiated county
requirements for vicious dogs.
1982 A Performance Audit of the Dog Pound. (Comm. No. 326) was conducted by
Legislative Assistant James M. Whitman. This audit found, in part, that enforcement
of the leash law would be facilitated by a more expedient citation form; disparities
existed between the fees being charged by the Societies; incentives should be
continually offered to pet owners for a successful spay -neuter program; veterinarians
should be made license agents to improve the percentage of dogs being licensed;
societies' budget requests should be tied to goals and deviations should be explained;
and the County was remiss by not clearly defining administrative responsibility.
1986 The Council adopted a proposal (Ordinance No. 86-34) forwarded by the Prosecutor's
Office to modernize the County's animal control law by giving judges more latitude in
setting fines during sentencing, revising the enforcement section to be in line with
current practices of the City and County of Honolulu and requiring fines to be deposited
with the Finance Director and not the State (Fines have not been collected by the
County.)
20
1988 The Council eliminated the "first free bite" rule that said a dog must bite a person at
least twice before it could be deemed vicious by the court. County law allowed the
humane society or authorized representative to designate a dog vicious. It also
established required the humane society(ies) to follow an administrative hearings
procedure.
1990 WHHS decided not to continue its contract with the County. The County executed an
agreement with HIHS to cover the West Hawaii services.
1992 Legislative Auditor Harry A. Takahashi released Hawaii Island Humane Society
Financial Audit Report (Comm. No. 3229). The study recommended in part that HIHS
needed to develop adequate controls to safeguard assets and maintain the reliability of
financial records; the Agreement should require HIHS to provide for an annual
independent audit; Corporation Counsel should review the statutory basis for the
establishment of Chapter 4, Hawai'i County Code, and resolve any differences that may
exist; the administration needed to review the contract agreement to insure that the
contract is within legal limits. Council should determine a reasonable holding period
for which County would be responsible and any animal kept beyond the specified period
would be at the expense of the Society; and the County needed to determine which
agency would be administratively responsible to manage the HIHS contract and the
appropriation should then be placed within that agency.
Additionally, administration of HIHS' contract (i.e. monthly reimbursements) was
transferred to the Finance Department. "Operational support" in the form of training
and investigation of complaints against HIHS was to have been provided by the Police
Department. Aside from training, we have not found documentation that the latter has
occurred. Acting Police Chief James Correa explained in a memorandum dated
October 20, 2000, "I do not believe that the responsibility to investigate complants
against HIHS that are not criminal in nature should rest with the Police Department.
The contract clearly states that employees of the HIHS are not considered to be County
employees. It stands to reason that either the HIHS or the Department of Finance
should handle complaints of this nature."
1992 Responding to the Council's request for legislation, Corporation Counsel Michael
Matsukawa drafted a bill that was to resolve any statutory differences that existed. The
bill, adopted subsequently as Ordinance No. 92-93, eliminated the deputization of
humane officers and instead required training, badging and appointment of humane
officers by the County Director of Finance.
1992 Because of changes to the law and to administration of the contract, a new contract with
the HIHS to provide islandwide animal control services was executed. This contract
had no termination date. The County reimbursed HIHS for expenses incurred in the
performance of its contract subject to annual Council appropriation.
1993 The Department of Finance adopted Rule No. 19 relating to Humane Officers effective
November 27, 1993.
21
1995 Council raised the impoundment fee from $5 to $10; raised kennel or boarding fees
from $2 to $5; eliminated flat fine of $10 for stray dogs to a graduated fine of $25, $50,
$75 and up to $500 and/or up to 100 hours of community service.
19% Council raised penalty for noisy dogs from $10, $25, $50, $100 to $25, $75, $100,
$200.
1998 The County Council shifted its policy of appropriating animal control ftmds directly to
HIHS to a purchase of service via the competitive request for proposals process.
1998 The County issued Request For Proposal No. 1779 to provide islandwide animal control
services for the Department of Finance.
1999 HIHS was awarded the animal control contract. The contractual agreement began on
July 8, 1999, and ends on June 30, 2002. It should be mentioned that the award was
protested by the West Hawaii Humane Society based upon the past contractual
performance of HIHS. The protest was denied by the Chief Procurement Officer and a
request for reconsideration was denied. WHHS appealed the denial to the State
Department of Commerce and Consumer Affairs. The appeal was withdrawn by
WHHS.
22
FUNDING OF ANIMAL CONTROL IN HAWAIII
COUNTY «p1 -El
Table 4
ANIMAL CONTROL APPROPRIATIONS IN HAWAII COUNTY
Fiscal Year
Amount of Funding to Soci ies *
% Variance fr Prior Yr +/-
1989
$145,988 IHS 147 %6 WHHS =$293,954
1989
1990
$153,294 HIHS 158 800 WHHS =$312,094
6.0%
1991
$474,122
52.0%
1992
$487,790
3.0%
1993
$485,218
-1.0%
1994 1
$506,325
4.0%
1995
$523,140
3.0%
1996
$571,409
9.00/0
1997
$604,170
6.00/a
1998
$604,170
0.00/0
1999
$667,620
11.00/0
2000
$627,250
-6.0%
*Source: County of Hawaii Operating Budgets
Table 5
REVENUES COLLECTED BY HAWAII COUNTY FOR ANIMAL CONTROL
Fiscal
Year
Dog License & Tag
Fees*
Impoundment &
Boarding Fees*
TOTAL
REVENUES
% Variance from
Prior Year
1989
$18,059
0
$18059
1990
$18,877
0
$18,877
4.5%
1991
$20,436
0
$20,436
8.3%
1992
19,7501
0
$19,750
-3.0%
1993
1 $18,812
$2,607
$21,419
8.0%
1994
$19,756
$4,785
$24,541
15.0%
1995
$22,921
$4,272
$27,193
11.00/0
1996
$25,513
$7,680
$33,193
22.0%
1997
$24,778
$7,045
$31,823
-4.0%
1998
$24,194
$7,137
$31,331
-2.0%
1999
$27,581
$7,425
$35,006
12.0%
2000
$27,428
$8,122
$35 550
2.0%
*Source: County of Hawaii Operating Budgets
23
THE ANIMAL CONTROL ORDINANCE
HSUS identifies the key elements of a comprehensive animal control ordinance as follows:
• Protect public safety through mechanisms for preventing animal bites, attacks, and
accidents caused by free -roaming animals;
• Protect public health through mechanisms for preventing the spread of zoonotic
diseases, especially rabies;
• Discourage the breeding of cats and dogs and encourage their spaying and
neutering;
• Ensure that every pet is traceable to its owner in order to foster pet -owner
accountability and to increase the number of lost pets reunited with their owners;
• Regulate all persons selling, boarding, displaying, harboring, or otherwise utilizing
animals;
• Deal with the protection as well as the control of animals;
• Treat dogs and cats as the primary concern, but also provide for the control and
protection of other species;
• Attempt to anticipate and provide remedies for animal -related problems likely to
occur with the community;
• Place penalties on irresponsible animal owners instead of automatic death sentences
on the animals themselves; and
• Include strong implementation and enforcement procedures.'
Recognizing that municipalities and counties throughout the U.S. continue to grapple with archaic
animal control laws, inefficient shelters and public complaints, animal control professionals and
humane groups have issued recommended "model animal control ordinances" to guide local
legislators. Several samples of such model ordinances are appended to this report. The first
model ordinance was developed by the Humane Society of the United States in 1986 (Exhibit B).
The second is the ordinance adopted by Clark County, Nevada, and commended by the National
Animal Control Association in 1999 (Exhibit Q. The third was recently adopted by the City
Council of the City of Chattanooga, Tennessee following lengthy deliberations and public meetings
undertaken by an appointed animal control citizens' task force (Exhibit D).
Additional animal control ordinances reviewed for this study include the City of Menlo Park,
California; Charles County, Maryland; Clark County, Maryland; Montgomery County, Maryland;
City of Seattle, Washington; Pinal County, Arizona; Wake County, North Carolina; Kane County,
Illinois; and Grande Prairie, Alberta, Canada. These are on file in the Legislative Auditor's
Office.
A consensus of animal welfare groups regards animal control as an essential community
responsibility to be supported by public funds. At the same time, many animal control experts
encourage jurisdictions to move towards self-sustaining financing by generating revenues from:
(1) income from license and permit fees; (2) impoundment fees charged to persons whose animals
24
have been picked up; (3) boarding and redemption fees charged to owners who recover their pets;
(4) citation fees; and (5) fees from the quarantine of animals. In Hawai'i, the latter two are fees
collected and retained by the State.
Animal control codes evolve from a variety of concerns and objectives. One is statutory precision,
emphasizing clear definitions of issues oftentimes subject to debate—e.g., dangerous/vicious
animal, "at large" animal, provocative behaviors, etc. Another is clear establishment and
delineation of the enforcement duties and citation protocols undertaken by animal control officers.
Updated licensing provisions, fee schedules and/or requirements for pet identification tags also
prompt ordinance amendments.
Increasingly, local ordinances provide a "purpose" section or mission statement—i.e., "To
provide a safe, healthy and caring environment where animals and people can co -exist" (Seattle,
1998).
Public education emphasizing the benefits of spay/neutering as a cornerstone of animal control
policy is perhaps the most prevalent trend in recent legislation. Jurisdictions have recognized that
mandatory spay/neutering of dogs and cats adopted from animal shelters must be accompanied by
proactive support for widespread spay/neutering initiatives by pet owners, as well as efforts to
alter and thereby feral animal populations.
An emerging emphasis on mediation as a guiding principle of animal control also appears in recent
legislation. For example, in a phone interview conducted for this study, Paul Miller, Animal
Services Director for the City of Chattanooga, reported that his field officers first attempt to
resolve disputes among neighbors about stray or barking dogs without resorting to issuing
citations.
The formation of animal advisory committees is one method of administering an animal care and
control program. The commission is established as an oversight commission to do most of the
research and legwork involved in developing and monitoring animal control laws and services.
Such committees or commissions serve one or two year terms and meet quarterly. Membership is
drawn from licensed veterinarians, nonprofit humane groups, wildlife conservation groups and
wildlife regulation professionals, hunters, animal breeders or handlers, the police department, and
the general public. An animal control advisory committee/commission may perform the following
duties:
• Review and develop rules, regulations and ordinances for the care and control of
animals in a county;
• Review budgets and contracts for all animal control work;
• Conduct public hearings when necessary to determine whether any individual or
establishment is in violation of the code;
• Hearing complaints about the professional conduct of animal control personnel or
the local government itself;
• Mediate conflicts between the local government and a contracting humane
organization over reimbursement for animal control services or other problems;
• Study and make recommendations regarding the acquisition and provision of
services and facilities for the care and control of animals;
*1
• Assess cooperation between the county, other government entities, veterinarians,
professional animal owners, humane organizations, and animal owners;
• Make recommendations regarding the compilation and preparation of data and
reports relating to animal care and control; and
• Study and recommend policies and strategies relating to animal population
control.8
26
HAWAII STATE & COUNTY LAWS & RULES
(Rao M2)
-1.5(15), Hawaii Revised Statutes
§46-1.5(15), HRS, grants the Counties the power to provide for animal control of stray animals
and fowl, and to provide for the appointment, powers, duties, and fees of animal control officers.
§§142-74 and 142-75, Hawaii Revised Statutes (Exhibit E)
§142-74 provides that the dog owner of any dog who destroys or injures another sheep, cattle,
goat, hog, fowl, or other property belonging to any person, shall be liable in damages to the
person injured for the value of the property. Also requires confinement or destruction of the dog
and other penalties. Note: Police Department would be responsible for enforcement.
§142-75 provides that when a dog has bitten a human being on at least two occasions, a person
may bring an action against the owner of that dog in district court. The court, after hearing, may
make any order it deems appropriate to prevent recurrence of such incident. This provision, also
known as "first free bite rule", has been preempted by county law.
§ 143, Hawaii Revised Statutes (Exhibit F)
§143, HRS, relates to the licensing and regulating of dogs, and extends certain authorities and
responsibilities to the County. Chapter 143 provides the enabling legislation by which the County,
by ordinance, can dispense with or modify licensing requirements of said chapter. Further,
defines "officers" as " ... any sheriff, deputy, any member of a police force in counties with a
population of less than 100,000 and animal control officers of the several counties of the State."
§711-1109, Hawaii Revised Statutes
§711-1109, HRS, covers provisions relating to a person who commits the offense of cruelty to
animals. Cruelty to animals is a misdemeanor.
§711-1109.3, Hawaii Revised Statutes
This section says a person who owns, trains or intentionally causes the dog to fight with another
dog is committing an offense of cruelty to animals. Violation of this section is a class C felony.
§711-1110, Hawaii Revised Statutes
Allows an agent of any society formed for the prevention of cruelty to animals to make arrests and
to bring offenders violating 711-1109, HRS, before a district judge.
27
711-1110.05. Hawaii Revised Statutes
Permits the court to order a person convicted of violating sections 711-1109 or 711-1109.3, HRS,
to surrender the animal whose treatment was the basis of conviction, or other abused or neglected
animals, to the humane society or society for the prevention of cruelty to animals.
Chapter 4, Hawaii County Code (Exhibit G)
Chapter 4, HCC, provides the option of establishing pounds for the purpose of impounding,
sheltering and disposing of unlicensed, lost, stray, homeless or discarded dogs for the destruction
or other disposition of seized dogs, not redeemed, and for the shelter in and disposing of lost,
stray, unclaimed or diseased cats and other small domesticated animals. This chapter also sets
forth dog license fees and discusses noisy dogs, vicious dogs and cruelty to animals. Enforcement
powers and procedures are discussed in some detail.
Rule No. 19 of the Department of Finance
Relating to Humane Officers
• Requires a humane officer to be employed by a humane society operating under contract with
the County of Hawai'i.
• Requires the officer to successfully complete a course of training conducted by the chief of
police, the prosecuting attorney and the corporation counsel. The training course shall cover
(1) the legal limits of the authority of a humane officer; (2) enforcement limits; (3) vicarious
and civil liability; (4) professional conduct and demeanor; (5) conflict avoidance; and (6)
completion of citation.
• Requires a trained humane officer to complete and submit an Application for Humane Officer
Appointment to the Finance Director.
• Requires consent to a background check by the chief of police and requires the applicant to
have no criminal record.
• Sets the appointment of a humane officer for a two-year period.
• Allows for reappointment of a humane officer upon expiration of the two-year period.
Requires completion of another training course or completion of a basic or advanced animal
control academy or seminar.
• Authorizes the humane officer to issue citations and perform duties of a humane officer under
Chapter 4, HCC.
28
REVIEW OF HAWAII COUNTY'S ANIMAL
CONTROL LAWS
Chapter 4 of the Hawai'i County Code (known as the animal control ordinance) gains its authority
from Chapters 46 and 143, HRS. There are other state laws governing animal control, including
Chapters 142 and 711-1109, 711-1109.3, 711-1110, 711-1110.5, HRS, relating to agriculture and
animals, and cruelty to animals, respectively.
The County first adopted its animal control law in the early 1900's. What we now call "Chapter
4" is a patchwork of ordinances evolving into a contradictory or confusing set of laws. Attempts
to resolve problems may have only compounded them.
We have relied on the Office of the Corporation Counsel, in large part, for the legal analysis of the
laws. An opinion on the consistency of Chapter 4, HCC, with state statutes and the County's
Agreement with Chapter 4, HCC, is underway.
At the date of this writing, we are aware of opinions from the City and County's Offices of the
Corporation Counsel and Prosecuting Attorney concluding that the subject matter contained in
§142-74 and §142-75, HRS, (liability of dog owner; penalty/human bitten by dog; duty of dog
owners; action against owner) preempts county laws. Hawai'i County's sections on vicious dogs
are specifically cited in the Corporation Counsel opinion as being preempted "as they impose
conditions on vicious dogs and penalties for the violation of these conditions when HRS Section
142-75 provides for the imposition of conditions on dogs by a person or the Prosecutor's office
bringing suit in district court after two dog bites." An independent opinion is forthcoming from
our Corporation Counsel. The outcome of this opinion may significantly impact sections of
Chapter 4. Thus, we have proceeded to examine Chapter 4 in the broadest sense of policy
formulation. Comment on specific language is made where possible and may be considered in a
comprehensive review of Chapter 4.
Purpose and Mission Statement
Chapter 4, HCC, has no purpose or mission statement. The absence of a legislative policy on
animal control has been responsible, to large degree, for an ill-defined county program. A
purpose or mission statement would set the tone and vision for a comprehensive animal control
program.
Currently, the policies in Chapter 4, as it relates to the humane society, apply to enforcing Chapter
4 and Chapter 143 and sheltering of animals. Some provisions, such as spay -neuter activities and,
arguably, public education are not mentioned in Chapter 4, but have been contractually included.
29
Section 4-1. Definitions.
"Animal" is defined as "does not include dogs and cats". This definition should be
reviewed in the entire context of Chapter 4.
"At large" and "stray" should be amended to be concise. For example:
"At large" means off the property of the owner and not restrained by leash, cord, chain or
effective control of a person.
"Stray" means any animal which is running at large; appears to be lost, unwanted, or
abandoned; or whose owner is unknown or not readily available.
"Vicious dog" definition should be reviewed within the context of state law.
Section 4-8. Quarterly report required.
❖ The Code should be amended to require the submittal of an annual report in addition
to quarterly reports.
Section 4-10. Transfer of facilities and equipment to societies; reversion.
Chapter 4-10, HCC, requires the humane society to transfer facilities, equipment, and
supplies originally assigned to pound operations, back to the ownership and control of
the county if the humane society ceases operations for a period of sixty days or
terminates its contract for services with the county.
❖ HIHS should maintain an inventory of facilities, equipment and supplies, which were
transferred from Kona pound operations to HIHS, pursuant to Section 4-10, HCC.
The inventory should be submitted together with the quarterly and year-end reports.
Lack of an up-to-date inventory would make implementation of this section diicult.
Section 4-12. Fees.
The existing biennial dog license fees for sterilized and unsterilized dogs ($2 and $6,
respectively) are too low and do not cover the cost of processing. These rates were set
as far back as 1980. A 10 cent charge is added for the cost of the dog tag (§143-4,
HRS.)
In the discussion under animal shelter trends, licensing ensures that pet owners
shoulder some financial responsibility for the costs of animal control programs.
Hawai'i County's license fees have consistently subsidized only about 4% of the
animal control program. Differential licensing should also be used to provide dog
owner incentives to sterilize their dogs. Recognizing the breeders' and hunters' desire
to raise intact animals on this island, a breeder/hunter license fee category should be
created with accompanying definitions.
30
6• Differential licensing fees should be raised. For discussion purposes, we offer the
following after reviewing fees from other municipalities:
Unsterilized dog $50 biennial rate
Sterilized dog $20 biennial rate
Dog tag $ 1
Breeder/Hunter license fee
(Unsterilized dog) $30 biennial rate
The County gives refunds from time to time for a returned licensed (i.e. due to the death
of an animal.) There is no provision for refunds in the law.
d• We recommend the practice of refunding be discontinued unless allowed bylaw.
HIHS assists the county in issuing dog licenses and tags. Licenses/tags should be treated
like cash. In its reconciliation of total dog licenses issued, the County also keeps a list of
missing licenses/tags not recorded by HIHS. When the licenses/tags are turned in to the
County, it is cleared from the missing list. There are several reasons why tags are
missing: the humane officer still has the tags from field operations and has not turned
them in, tag numbering is wrong from the factory, tags are lost, etc.
❖ To account for all tags in its possession, HIHS should maintain a control sheet to show
disbursement of tags to humane officers and to dog owners. Reconciliation would be
performed by both HIHS when it submits the licenses and fees and the County upon
receipt.
4-14. Impoundment of animals other than dogs and cats who stray on public or private
Since 1980, these impound fees have been set at $10 and boarding fees at $5 a day
thereafter. Impoundment and boarding fees account for only 1-2% of the county's animal
control program revenues. Impound and boarding fees should be viewed as the county's
cost of caring for stray animals.
❖ Impound fees should be raised to $20.
❖ Boarding fees should be raised to $10 a day.
Sections 4-20. Seizure of dogs by officers.
Again, impound fees are the county's method of penalizing a stray unlicensed or licensed
dog owner. Existing impound fee for both unlicensed and licensed stray or at large dogs is
$10 and $5 per day thereafter. The impound fees should be raised and set at differential
rates for unsterilized and sterilized dogs. For discussion purposes, we offer the following:
d• Impoundfee-unsterilized dogs $50 (two days) and $10 per day for the number of
days over two days an unsterilized dog was
impounded. $35 may be applied, at the option of
the owner, toward the sterilization of the dog at a
31
veterinarian of the owner's choice if the
sterilization is performed within 30 days. The
society shall pay $35 to the veterinarian upon the
latter's proof of the sterilization of the dog. If
sterilization is not performed, the $35 and
remaining impoundment and boarding fees shall be
deposited with the County.
❖ Impound fee for sterilized dogs $20 (two days) and $10 per day for the number of
days over two days thereafter.
d• §4-20, HCC, should be amended to require licensed dogs be held for 9 days (instead of
7 days) to be consistent with §143-10, HRS.
Sections 4-24 & 4-25. Noisy dogs. Noisy dog; procedure for abatement of nuisance.
These sections require the enforcement of noisy dog problems by the police department.
Animal nuisances should be handled by the animal control program. This is in line with
other municipal codes.
❖ In its comprehensive code review, the Council should place animal nuisances such as
noisy dog abatement with the animal control program subject to commensurate
funding.
Section 4-27. Injuring or poisoning dogs.
d• This section should be considered within the context of state law dealing with animal
cruelty (§711-1109, HRS).
Section 4-28(b). Dangerous dogs may be slain.
Said section allows the owner of livestock which has been maimed or injured by a dog to
be deputized as a special officer "in accordance with the provisions of section 4-5" for the
slaying of the responsible dog. However, Section 4-5 only allows the humane society to
designate its employees to serve as humane officers it does not contain language allowing
the deputizing of private citizens.
4• This section should be considered within the context of state law.
Section 4-31. Confinement of vicious dogs.
Section 4-31.1. Vicious dog; notice.
Section 4-31.2. Appeal of vicious designation; hearing.
Section 4-31.3. Rules for hearings on viciousness.
According to opinions by the City and County of Honolulu's Office of the Corporation and
Office of the Prosecuting Attorney, the above sections on vicious dogs are preempted by
Section 142-75, HRS. These sections attempt to impose conditions on vicious dogs and
32
dog owner after the fust bite when state law provides for the imposition of conditions on
dogs by a person or the prosecutor's office bringing suit in district court after two bites.
City and County's attorneys opine that the state laws cover the same subject matter as
those coveted in a vicious dog bill proposed by the Council. They also wrote that the state
legislature, upon reviewing its legislative history, intended §142-75 to be a comprehensive
state statutory scheme, exclusive and uniform throughout the state.
If Hawai'i County's Corporation Counsel concurs with these opinions, the Council
should (1) amend Sections 4-31 through 4-31.3, HCC, to be consistent with state law
and lobby the state legislature for more county flexibility in animal control, or
(2) consciously exercise their authority until a legal challenge changes the law.
Section 4-32.1. Training; appointment; powers of humane officer.
The idea of continuing education for humane officers is prudent, but the County has not
been able to uphold its duty to train humane officers for appointment in a timely manner,
and it was lax in monitoring reappointments.
Section 4-33. Summons.
Does not include reference to violators of Chapter 4.
Section 4-36. Disposition of fines and forfeitures.
Other
d• This section requiring payment of fines and forfeitures to be deposited in the County's
general fund should be deleted. Fines and forfeitures continue to be collected by the
state. Lobbying efforts of the counties to recover certain fines have been unsuccessful.
•s With assistance from animal advisory representatives, the Council should amend
Chapter 4, HCC, to include a spay -neuter program. Codification of a spay -neuter
program would underscore animal sterilization as a critical component of the county's
animal control program.
4.6 Cats should be required to have some sort of identification (i.e. tags, microchips). The
identification would contain the name of the owner, the owner's address, and the
owner's phone number.
❖ With assistance from animal advisory representatives, the Council should set a
minimum impoundment period, a differential penalty, and boarding fee for
identified and unidentified cats, exclusive of feral cats. This mandate must be
coordinated with a shelter's carrying capacity and funding may be required.
Several written complaints to the County involved the destruction of a pet cat.
The loss of a pet cat is distressing for the pet owner. The County Code has no
minimum holding period for cats. HIHS has an in-house 48-hour holding period
policy that may be lengthened or shortened depending upon their capacity.
33
Requiring cat identification and differential penalties and impoundment periods for
identified and unidentified cats would address many of the complaints against the
HIHS. It would also fill a void in the present law. However, a new law should
not be adopted without sufficient funding. Longer holding periods would require
expanding impoundment space, animal care, and handling at each shelter.
OVERALL RECOMMENDATIONS ON LEGISLATION
d• Chapter 4, HCC, must be rewritten in its entirety to conform to state statates, update
antiquated language, incorporate national standards, and chuo enforcement roles and
issues.
The County Council should assign the task of formulating a new animal control
ordinance to a council subcommittee or new ad hoc council committee. The committee
should include (in ex -officio capacities) advisory representatives of the humane societies,
the veterinary association, animal rights organizations, hunter and breeder groups,
interested persons, and affected county agencies.
Considerations for a comprehensive code revision would include, but not be limited to:
■ Purpose and Mission Statement
■ The designation and dudes of an animal services and enforcement division
within the Police Department
■ The role and duties of the humane society(les)
■ A d(f"'erendal licensing fee schedule for dog owners
■ A revised impoundinent fee schedule
■ Addressing statutory conflicts and preemptions
• Establishment of a spay -neuter program
■ Requiring a cat identification program
• Requiring contractual program objectives and annual targets (i.e. increasing
pet adoptions from county funded shelters while decreasing annual
euthanasia counts)
■ Encouraging collaboration with privately funded humane education program
and "no ktU" shelter operators
34
CURRENT AGREEMENT WITH HIHS (RM #&A'%U, E)
Exhibit H provides a synopsis of the process used in awarding the animal control service proposal
and executing the Agreement between the County and HIHS. A complete copy of the Agreement
is on file with the Department of Finance and with the Office of the Legislative Auditor. Salient
points of the Agreement are set forth below.
TERM: July 8, 1999 to July 30, 2002
The Agreement states that HIHS agrees to perform the scope of work provided in HIHS's proposal
as clarified by a letter of understanding dated May 3, 1999. The Agreement also included and
attached RFP 1779 and General Terms and Conditions dated July 1, 1994.
According to the Scope of Service set forth in the Agreement, HIHS must:
A. Impound, shelter and dispose of unlicensed, lost, stray, homeless, diseased or
seriously injured dogs.
B. Euthanize or dispose of seized dogs not redeemed.
C. Shelter and dispose of lost, stray, unclaimed, diseased, or seriously injured cats and
other small domesticated animals and livestock.
D. Feed and shelter the animals in its care pursuant to Chapter 143, HRS and Chapter 4,
HCC.
E. Recover and dispose of dead dogs and other small domesticated animals found on
public ways by reasonable means.
F. Implement a patrol and pick-up schedule which may be adjusted periodically. The
schedule should consider the needs of the public, availability of manpower and
equipment and the requirement of government agencies.
G. Administer, maintain and operate a sufficient number of pounds to provide islandwide
animal control services. Use of the Kona Pound facility is allowable.
H. Make the pounds open to the public from 9:00 am to 3:30 pm, Mondays through
Saturdays, excluding county holidays.
I. Render a quarterly report of its activities, revenues and expenses to the Finance
Director, Mayor, County Council and Chief of Police.
In a Letter of Understanding made part of the Agreement, HIHS (1) excluded itself from the
enforcement of nuisance noise ordinance relating to barking dogs or crowing chickens;
(2) requested equal quarterly payments rather than the reimbursement system; (3) reserved the
right to change the hours of operation for any of the shelter facilities as long as service to the
public was not adversely affected; and (4) reiterated the County Administration's duty of
facilitating badging classes for HIHS officers.
Price of services would be negotiated annually with the Department of Finance, subject to
appropriation of funds by the County Council.
35
The RFP asked for a narrative describing the program proposed and the manner in which animal
control would be provided. HIHS responded by listing programs offered by HIHS, which were
included in the Agreement, as follows:
• 24 -hours on-call service to all districts of the island
• Low-cost spay/neuter program that helps reduce the number of unwanted animals being
born by making pet sterilization an affordable alternative
• Investigations into animal cruelty
• Enforcement of state and county animal -related laws
• Legislative support for animal welfare laws
• Humane education at no cost to schools or the County
• Animal health care and vaccination program
• Reunification of lost pets and owners
• Animal adoptions
• Shelter tours for school children
• Speaker's bureau
• Volunteer opportunities
The Agreement via HIHS' proposal states "With regard to the enforcement of laws, our goal is to
obtain and use the issuance of a citation as a last resort. To view a citation as a means of solving a
problem is a mistake. Only when education efforts have not succeeded do we resort to issuing a
citation. The exception to this philosophy is when blatent (sic) animal cruelty is involved. In
these cases, we are committed to vigorously pursuing prosecution."
With regards to measuring program success, the Agreement (HIHS proposal) says:
"Assess the number of unowned, stray animals at large in the community.
This can be a difficult number to arrive at, however, because many owned animals are
allowed to stray. Although there is no way to know for sure how many stray animals live
on our island at any given time, the problem is certainly under control."
• "Assess timeliness of responses to complaints.
The Hawaii Island Humane Society responds to every complaint received, whether it is a
complaint regarding animals in our community or a complaint regarding our staffs
performance. We have established a priority call system for animal -related complaints and
most calls are responded to within 24-48 hours depending on the nature of the call."
"Level of Customer Service.
Does the organization provide good service to their customers. This is especially
important since animal control program employees can tend to become angry or
unaccommodating to customers surrendering animals unless management makes a point of
providing customer service training. This is a pretty basic element of an effective public
service organization, but an element missing in many animal control programs."
• "Number of Licenses Sold.
36
The selling of licenses helps the organization reduce the number of stray animals in the
community by successfully reuniting lost pets and owners. Since Hawai'i County does not
have a cat licensing ordinance, the Hawai'i Island Humane Society issues numbered
identification tags to all adopters and we maintain a data base of these numbers. We also
sell these tags to the public for a nominal fee."
• "Number of Complaints Received by County of Hawai'i
Evaluate the number of legitimate customer complaints received by county officials."
HIHS Staffing and Vehicles:
Administrative Staff. Executive Director, Administrative Assistant, Bookkeeper
Kea'au Shelter: Director of Operations/Kea'au Shelter Manager, 41h Humane Officers;
Animal Care Technician. 3 trucks.
Waimea Shelter: 21h Humane Officers. 2 trucks.
Kona Shelter: Kona/Waimea Shelter Manager, 2'h Humane Officers, Animal Care
Technician. 2 trucks.
COMMENTS ABOUT AGREEMENT
A Corporation Counsel opinion on the validity of the Agreement remains outstanding. We are
proceeding with this special study objective under the assumption that the Agreement is valid.
The animal control Agreement was poorly written when it merely incorporated RFP 1779, HIHS'
proposal, Special Provisions and the Letter of Understanding as the contract. It should be
mentioned that it is not uncommon to make the RFP and the awarded proposal part of the contract.
A contract should, however, state clearly what each party is expected to perform.
The Agreement, due to the nature of the proposal, does not distinguish between HIHS' total
humane society program and the services it will deliver to the County pursuant to the Agreement.
The Agreement should be clear and understandable when it comes to the dudes of the HIHS and
the duties of the County. The Agreement at hand should have contained modifications and
clarifications rather than accepting the proposal and subsequent letter at face value. We explain
this below.
DAYS AND HOURS OF SHELTER OPERATIONS
The Agreement allows HIHS to make changes to any shelter's hours of operation "as long as
service to the public is not adversely affected." Acknowledging staffing requirements and other
variables, we agree that flexibility in scheduling is foreseeable. When the hours or days of a
shelter's operation changes, the Agreement must provide for advanced notification and approval by
the Finance Director. The Agreement currently does not require this. Moreover, public notice
should be made.
Ril
+• The Agreement should be amended to make clear that hours or days of shelter operations
are subject to advance notification and written approval by the Finance Director. It is
recommended that public notification be made.
TRAINING, APPOINTMENT AND BADGING OF HUMANE OFFICERS
The number of trained and badged humane officers impacts the effectiveness of HIHS to deliver on
contractual requirements. Only humane officers can issue citations and carry out the provisions of
state and county laws.
Pursuant to Rule 19 of the Finance Department, three agencies of the county must provide the
training: Police Department, Office of the Prosecuting Attorney and the Office of the Corporation
Counsel. Chapter 4, HCC, requires all County agencies, officers and employees to "render their
cooperation and assistance to the finance director" for purposes of training and badging.
At the date of this writing, only 6 of 9 1/2 humane officers have been badged. 3 potential humane
officers (1-Kea'au, 1 -Kona, 1 -Waimea) have been waiting for several months to be trained by the
Office of the Corporation Counsel.
The County's indifference or inattention to HIHS' requests for humane officer training has
exacerbated community frustration levels presently being directed at HIHS.
The County Office of the Corporation Counsel must immediately train the three humane
officers who have not been badged.
•'r The County must develop a systematic, consistent and reliable method of delivering
training to humane officers. This could be accomplished by creating videotaped training
seminars with a manual and test. Training could then be conducted independent of
agencies' schedules or tack of institutional memory. The taped training could be
supplemented by allowing attendance of humane ofi'cers at police recruit classes and other
relevant classes offered by government agencies or nonprofit groups.
•A The duties of the County to train and badge the humane officers should be included in the
Agreement.
0 The training of a humane gficer set forth in Rule No. 19 is minimal. A performance
evaluation and assessment could determine if the minimum qualifications for a humane
gf"tcer are adequate.
SPAY -NEUTER PROGRAM FUNDING
As previously stated, the Council should amend Chapter 4, HCC, to establish a spay -
neuter program as a component of the County's animal control program.
B• The Council should appropriate spay -neuter as a separate expense under animal control to
be administered by the contractor.
38
•A The Agreement should be amended to show a separate program funding for spay -neuter
program.
ENFORCEMENT IN CONTRACT: CITATIONS AS A LAST RESORT (Rao aa -n)
Under the current contract, the County's enforcement policy is to obtain compliance through
education and notification. Citation is used as a "last resort" except when animal cruelty is
involved.
More specifically, we learned that HIHS will hand out a 'Complaint Notice' (Illustration 2) to
potential violators with a request that the person call the HIHS within 24 hours. If the owner
contacts HIHS, the owner is given a copy of the animal control laws. If the 'Complaint Notice' is
not acknowledged, HIHS will revisit the incident site and will issue a 'Notice to Comply'
(Illustration 3). If compliance is not obtained, HIHS will attempt to issue a citation called 'Dog
License & Leash Complaint & Summons' (Illustration 4) in person or by mail. According to
HIHS, attempting to issue citations by mail has not as effective since some owners refuse to accept
the mail. Additionally, because humane officers' schedules coincide with many people who work
during the day, making personal contact with the absent owner has been difficult.
K AWCN —
THE HAWAe 18lAND HUMANE 80CETY. BPG
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In the event the owner receives the citation and summons, it may be satisfied by paying the
specified penalty to the violations bureau of the district court. The owner may contest the
W
COMPLAINT
NOTICE TO COMPLY
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THE HAWAe 18lAND HUMANE 80CETY. BPG
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WAaNW:
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Illustration 2 wmw Maae,roNry ",x, Mph ld w a B
Illustration 3
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In the event the owner receives the citation and summons, it may be satisfied by paying the
specified penalty to the violations bureau of the district court. The owner may contest the
W
summons by appearing in district court for an arraignment hearing before the judge at which time
a trial date will be set. The county prosecutor is also present at arraignment on behalf of the state.
At trial, the humane officer will be called as a witness.
This discretionary education and citation procedure is elaborated in a memorandum from then -
executive director Shawn Nakoa to HIHS staff dated October 2, 1995 (Exhibit 1). The educational
procedure is not found in the Agreement, the County's laws or rules, or HIHS' Standard Operating
Procedures (last updated in 1994).
Is the current legislation clear and understood by those in charge of enforcing it?
(Reno #2-B)
In interviews with the HIHS Executive Director Grayson Hashida and Kea`au Shelter Director of
Operations/Kea`au Shelter Manager Duane Mendoza, the desire for better -defined laws was
expressed. A request by our office for written recommendations to the code from HIHS has not
yet been answered.
The Police Department responded affirmatively to this question as it applies to police
responsibilities.
Is education with no citation effective in changing pet owners' behavior?
There is a segment of the county's population who believes there should be vigorous enforcement
of the law through citations. On the other end of the spectrum, HIHS, in its proposal and
Agreement, has stated citations should be given as a last resort. This philosophy of enforcement is
not new and has been presented at numerous council and committee meetings in the past decade.
At no time has a council or its committee disagreed with this stance. Silence is a form of consent.
One method of demonstrating the validity of this theory would be to evaluate the number of repeat
pet -owning offenders by looking at the three graduated levels of notices. However, since HIHS
has recently established its computerized database, we could not readily determine which dog
owners received repeated comply/complaint notices. We did search a log of over 40 citations
issued from the Kea`au shelter in FY1999-2000, and found two multiple -offenders. Lacking a
comprehensive database, HIHS humane officers have relied largely on their memory to keep track
of the graduated levels of notice. With staff turnover, shift changes, or personnel absences, a
breakdown to the graduated notice system is unavoidable. We have not factored in the police
response element. To investigate police citations, police reports would have to be individually
studied. Therefore, we cannot conclude that education without citation is effective in changing
pet owners' behavior.
When discussing a balanced approach to enforcement, Prosecuting Attorney Jay Kimura felt that
issuing citations is not the only answer to animal control, and an educational component is a must.
Warnings, in certain instances, may be appropriate. In the case of dog licensing, discretion is not
necessary and a citation could be issued. Mr. Kimura used the sales of cigarettes to minors as an
example. After a sting operation in which education without prosecution was employed, an
immediate reduction of cigarette sales to minors was noticed, followed by a higher level of illegal
sales to minors.
40
What might be a non -discretionary citation? During FY 1999-2000, HIHS reported the
redemption of 607 dogs at its shelters. Using strict application of the law, 607 citations should
have been issued for violating Chapter 4-30, HCC (dog running loose). In fact, 58 citations were
reported. The state, not the county, could have collected a potential $13,725 more in fines.
There is a public frustration over the use of education in lieu of citation. We know of a situation
in South Hilo where HIHS' two stray dog notices and eventual citation escalated into the use of a
restraining order against the stray (and defecating) dog's owner. Whether immediate citation
would have stopped a 'bad neighbor' is debatable in this circumstance. Citation would at least
place the conflict in the venue of the cants, which can be discouraging. In this and other cases,
the courts' lenient judgment has been discouraging to humane officers, police officers, county
attorneys and the victim.
Besides complaints received by the County and HIHS, we are aware of at least one neighborhood,
discouraged by education, who raised a $100 bounty on loose dogs. An offending dog owner
reacted by constructing a fence to keep the dogs from roaming.
Perceived inaction or ineffectiveness of the County's animal control program will encourage the
outgrowth of vigilantes, if it has not done so already.
6• For the reasons above, we recommend the Agreement be amended to strikeout
the use of citations as a last resort and more citations be issued.
PRIORITIZED RESPONSE
Members of the public sometimes expect or demand response times to their animal control calls
equal to that of police officers. With 91h humane officers providing islandwide coverage, the
possibility of delivering equal service is low and a reasonable amount of flexibility should be
expected. The County and, thus, the public should know in advance what the stated priorities are.
The prioritized response procedure would be used to answer any public questions or complaints.
❖ The contract should be amended to include the priority of response to be used
within a specified time period.
GENERAL
An example of detailed contract language is shown below using excerpts from the Hawaiian
Humane Society's contract with the City and County of HonoluV, which are modified
accordingly:
--The contractor shall provide adequate personnel, facilities, equipment, supplies, supervision and
administrative support to:
1. Operate and maintain three animal shelter facilities, to include the County -owned Kona
pound. The shelter facilities will be open to the pubiic from 9:00 am to 3:30pm, Mondays
through Saturdays, excluding county holidays. Days and hours of operation may be
changed upon mutual agreement in writing between the contractor and the Department (of
41
Finance), provided the minimum number of hours is not decreased, service to the public is
not diminished, and notice is published in the local newspaper.
2. Provide services on the island of Hawaii for the purposes of enforcing the following laws
relating to animals:
a. Cruelty to Animals, §711-1109, HRS
b. Cruelty to Animals, Fighting Dogs, §711-1109.3
c. Dog licenses and Regulations, Chapter 143
d. Chapter 4, HCC, Animal Control, except for §§4-24 & 4-25
e. Liability of dog owner; penalty, §142-74 and 142-75
3. Collect and dispose of dead animals on public roadways.
4. Operate a 24-hour dispatch service to receive requests for services and complaints about
animals from the public. Service response time shall be mutually agreed upon between the
Contractor and the Department based upon estimated severity and danger to the public
and the animal and staffing availability.
a. Reports of imminent injury to animals, response shall be initiated within
b. Requests to pick up contained, stray dogs, response shall be initiated within
C. Reports of cruelty or neglect to an animal where the animal is not in immediate
danger, response shall be initiated within _
d. All other requests for services, response shall be initiated within the limits
allowed by staff availability.
e. Sell dog licenses and assist in the maintenance of dog license files for which the
contractor shall have access to the Department's computerized dog license files.
f. Administer the County's Spay -Neuter Program for Dogs and Cats.
--The contractor shall submit to the County an operating budget for services covered by this
agreement for the ensuing fiscal year according to the Department's requirements for planning
purposes only and to determine the most appropriate service level, given funding availability.
--Fees received by the Contractor for dog and cat impoundment, dog licenses, and dog tags shall be
paid to the Director of Finance monthly/quarterly.
--Within 30 days after the close of each calendar quarter, the contractor shall submit quarterly
reports relating to the services performed under this agreement. The reports shall be prepared in a
manner and form mutually agreed upon between the County and the contractor. The reports shall
detail the program's financial status and shall be in a form agreed to and acceptable to the County
and the contractor. Copies shall also be submitted to the mayor, county council and chief of police.
--Insurance: Contractor shall procure and maintain during the life of this contract and any
extensions thereto, all insurance to cover the operations under this contract, including but not
limited to Workers Compensation and Employers Liability Insurance (specify amounts), Commercial
General Liability Insurance (county included as insured), business automobile liability insurance
(specify amount). Current certificates of insurance shall be provided and maintained.
--County agrees to provide training classes for humane officers covering the legal limits of the
authority of a humane offcer, enforcement limits, vicarious and civil liability, professional conduct
Era
and demeanor, conflict avoidance, and completion of citation. Training shall be conducted within
three months of receiving such request.
:S3
IS THE CURRENT CONTRACTOR MEETING
THE CURRENT CONDITIONS UNDER THE
CONTRACT? (Reso"c'
The manner in which the contract is written makes it difficult to prove or disprove county contract
compliance. We believe the contractor is performing capably under the following circumstances.
PROVIDING SERVICES
The complaint that the contractor is not enforcing the laws may be legitimate, but is allowed under
the contract. The contract currently permits education with issuance of citations as a last resort.
We are concerned about any outright refusal of the contractor to provide other contracted services.
Unless the refusal is reported and investigated, the county would not have knowledge of service
refusal. According to a Kona police report, the contractor was asked by a county solid waste
supervisor to remove a stray dog from a trailer trash container. The contractor declined to assist
removing the dog because it belonged to a neighboring tenant who had given them trouble in the
past. The solid waste supervisor went to the Kona police station where he was able to get the
reporting officer to return to the contractor for an explanation. The shelter manager was relatively
new at the job and was unable to provide specific problems experienced by the employees. The
contractor agreed to remove the animal and followed the incident with a letter to the dog owner.
The police and the humane officers, as law enforcement officers, are placed into confrontational
situations where tempers rage. Humane officers do not carry guns and must sometimes call on the
police to accompany them into known hostile conditions. This is acceptable. Certainly an
employee's safety is high priority, but refusing service does not solve the problem.
The idea of public service may be foreign to employees of a private contractor whose nonprofit
mission is preventing cruelty to animals, promoting respect for their intrinsic value, eliminating pet
overpopulation and enhancing the relationship between humans and animals. The factors that
plague many nonprofit organizations militate against a reliable delivery of service: staff turnovers,
lower pay scales, lack of job security, employees benefits and a competitive job market. We
observe this phenomenon during the Council's nonprofit grants review process.
❖ The contractor should continue to instill in its employees the concept that the service they
are providing is important and necessary for the contractor and the county. Problems in
providing the service should be reported immediately by HIHS to the Department of
Finance.
REPORTING
With regards to program reporting requirements, HIHS submitted activity and financial reports for
the contracting period. Activity reports from 1997-2000 have been compiled into the tables below.
44
TABLE 6
Hawa'I Island Humane Society — Reported Activities FYI 997-2000
2000 1999 1998 1997
Strays 12,472 - - -
Surrendered 3,101 15,314 16.308 16,538
Redeemed
671
723
632
668
Adopted
1,516
2,051
2,060
2,050
Sent toHIHS
31
-
-
-
Euhanized
13,231
12,406
13,526
13,680
Other
124
82
90
140
-HCC 4-31
-
-
-
1
It is interesting to note that the number of strays or surrendered dogs and cats have decreased in
the last four years. Adoptions have declined, while redemptions and euthanized animals show no
remarkable trends. In 1999, when redemption and adoption numbers were up, euthanized numbers
were down. The number of citations and complaint/comply notices jumped significantly by almost
40% from 1999 to 2000. Citation numbers increased by 23 %.
Reporting has not been made on spay -neuter assistance, vicious dog designations, public education
efforts, or investigations into animal cruelty. Using this data will assist in understanding a
program's effectiveness. Benchmarking and performance can benefit the program and the public
by providing input about the effectiveness of its activities. The longitudinal analytical data from
King County is an example of using data to achieve objectives.
The reporting should provide a year-end narrative of its program. For instance, the increase in
complaint/comply notices issued from 1999 to 2000 can be credited to additional humane officers
and/or a shift in enforcement policy. It could also mean that there are more animal owners who
are not following the law. Without an examination of the data, the County and the public are left
to make its own inferences.
4. The County Department of Finance should work with HIHS to develop assessable program
measures, such as increasing adoptions by 'X' over a period of years, reducing euthanasia
45
2000
1999
1998
1997
Citations
-HCC 4-30 Dog Running Loose
58
39
53
53
-HRS 143.2 License Violation
21
14
10
14
-HRS 711-1109 Animal Cruelty
1
4
-
-
-HCC 4-31
-
-
-
1
-Other
2
10
1
-
Dead Animals Collected
353
418
640
753
Calls for Pickup/Assistance
8,651
9,933
13,276
15,522
After-hours Emergency Callouts
215
220
241
333
Miles Traveled
131,831
143,439
128,745
123,135
Dog Licenses - Number Issued*
3,639
3,312
4,064
3,485
Fees Collected'
$16,023.50
$15,026.00
$17,027.53
$15,922.70
'Dog licenses & fees do not include those issued & collected by Dept
of Finance.
It is interesting to note that the number of strays or surrendered dogs and cats have decreased in
the last four years. Adoptions have declined, while redemptions and euthanized animals show no
remarkable trends. In 1999, when redemption and adoption numbers were up, euthanized numbers
were down. The number of citations and complaint/comply notices jumped significantly by almost
40% from 1999 to 2000. Citation numbers increased by 23 %.
Reporting has not been made on spay -neuter assistance, vicious dog designations, public education
efforts, or investigations into animal cruelty. Using this data will assist in understanding a
program's effectiveness. Benchmarking and performance can benefit the program and the public
by providing input about the effectiveness of its activities. The longitudinal analytical data from
King County is an example of using data to achieve objectives.
The reporting should provide a year-end narrative of its program. For instance, the increase in
complaint/comply notices issued from 1999 to 2000 can be credited to additional humane officers
and/or a shift in enforcement policy. It could also mean that there are more animal owners who
are not following the law. Without an examination of the data, the County and the public are left
to make its own inferences.
4. The County Department of Finance should work with HIHS to develop assessable program
measures, such as increasing adoptions by 'X' over a period of years, reducing euthanasia
45
count by 'X'% over a specified period of years; or increasing number of sterilized dogs
licensed by 'X'% and decreasing the number of unsterilized dogs licensed by 'X'% over a
specified period.
❖ HIHS should continue its efforts to computerize activity information for purposes of
reporting and enforcement.
HIHS financial reports have been compiled by our office in the table below. It should be
mentioned that HIHS hires an accounting firm every two years to conduct an independent audit of
its total financial statement. The auditor's opinion said the financial statements presented fairly, in
all material respects, the financial position of the Hawaii Island Humane Society as of June 30,
1999, and the changes in its net assets and its cash flows for the year ended in conformity with
generally accepted accounting principles.10
46
Table 7
Hawaii Island Humane Society — Financial Reports FYI 997-2000
REVENUES 2000 1999 1998 1997
Contract 627,250.00 667,620.00 604,170.00 604,170.00
HIHS Salary Reimbursement55,422.20 54,459.70
TOTAL REVENUE 662,672.90 722,079.70 804,170.00 804,170.00
1998
Fica & Medicare
33,694.07
31,436.20
25,944.27
25,690.24
Unemployment Taxes
9,331.58
8,870.00
9,810.57
5,084.58
Retirement
7,981.35
7,146.74
10,479.14
11,437.72
Medical Plan
44,664.26
39,582.32
30,938.00
37,264.06
TDI Insurance
1,898.00
1,105.00
1,414.00
1,291.00
Workers Compensation Insurance
25,625.03
9,117.68
551.66
426.04
TOTAL SALARIES & EMPLOYEE
4,932.74
2,730.85
1,528.18
-
BENEFITS
563381.08
504926.44
407,790.47
415,168.31
OPERATING EXPENSES
Accounting & Auditing
2,000.00
2,748.00
Advertising
1,716.44
2,336.88
1,788.54
4,184.89
Animal Care: Drugs
13,149.05
10,449.49
8,733.44
6,713.31
Animal Care: Food
312.03
170.91
1,212.06
3,559.73
Animal Care: Veterinarian
2,773.43
470.93
551.66
426.04
Animal Control Equipment
4,932.74
2,730.85
1,528.18
-
Animal Landfill Fees
3,617.60
3,282.30
3,841.60
3,885.15
Animal Supplies: Bags
2,753.39
-
-
Auto Expenses
24,274.38
24,753.86
24,770.36
25,803.17
Computer & Reroofing
-
6,086.39
-
Dead Animal Pickup/Disposal
-
2,683.01
2,487.15
3,589.55
Equipment Rental
-
-
158.34
Humane Education
-
-
114.40
143.83
Insurance
10,091.00
13,453.06
28,078.37
28,298.00
Kennel Supplies
17,748.74
19,345.34
12,110.10
21,248.19
Legal
-
5,656.02
1,105.95
Meeting Expense
-
3,812.01
3,518.30
2,308.83
OMIoeEquipment/Rentals
-
-
1,300.32
Office Expense
19,242.48
18,619.03
17,000.02
7,223.90
Other Taxes & Licensee
-
73.96
531.51
741.86
Outside Services
-
159.38
1,690.43
30.00
Printing
-
499.37
1,695.79
Property Tax
365.51
-
Professional Services
6,943.36
-
3,519.20
-
Rent
-
1,145.87
1,250.04
1,640.22
Repairs & Maintenance
10,953.17
5,422.50
15,496.83
6,782.14
Spay/Neuter CAP
35,000.00
35,000.00
30,000.00
30,000.00
Staff Training
8,284.24
6,464.19
Travel
-
373.90
Uniforms
2,963.28
4,162.00
1,783.89
2,959.49
Utilities
34,969.61
33,260.14
29,310.53
29,934.36
Vehicles
-
8,207.00
8,800.00
Vehicles (Purchase)
-
21,852.55
14,698.78
TOTAL OPERATING EXPENSES: 200,090.45 223,390.67 198,022.98 210,353.74
TOTAL EXPENDITURES 763,471.53 728,317.11 605,813.45 625,522.05
Net Loss to HIHS (80,799.33) (6,237.41) (1,643.45) (21,352.05)
47
The Council should be aware of HIHS' increasing subsidy of the county's program. In FY2000,
HIHS reported that it subsidized the County's program by $80,799. Not surprisingly, the category
of salaries and benefits has ballooned with the addition of humane officers and a rise in workers
compensation insurance and medical benefits. Operating expenses for veterinary care, animal
control equipment and drugs are also on the rise.
Hawaii County's FY2000 appropriation of $667,250 for animal control falls short of the $720,000
to $864,000 recommendation using Save Our Strays guideline of $5-$6 per capita. If we applied
the suggested 25% of the County's budget towards a spay -neuter program, at least $166,000
should be spent for sterilization instead of the $35,000 currently spent.
Except for O'ahu, the budgets for the three neighbor islands range from $519,700 (Kaua'i) to
$667,620 (Hawai'i). Hawai'i County is the only county maintaining three shelters to service a
land mass almost twice as big as the other three counties combined. Yet reports show adoption
numbers (2,052 animals) are almost as high as City and County numbers (2,392 animals). Hawaii
County also handles almost twice as many animals as Maui, but spent the least on a spay -neuter
program. In the area of euthanasia, only Kaua'i's 13,073 performed in 1998 surpasses Hawai'i
County's 12,406 performed. The numbers are startling, and demonstrate how pet irresponsibility
burdens the taxpayer. We are of the opinion that animal control is underfunded, and the reported
numbers do not show substantial gains or headway in controlling pet overpopulation.
A performance evaluation and assessment by experts in the field will explore HIHS's operations
from the standpoint of its budget and its obligations.
To view what other activities are funded by HIHS outside the contract, a listing of HIHS program
revenues and expenses for 1999 follows:
Table 8
1999 ANNUAL REPORT OF THE HAWAII ISLAND HUMANE SOCIETY
1999 TOTAL HIHS REVENUE
1999 TOTAL HIHS EXPENSES
County Animal Control Contract
$632,620
Animal Control Contract
$661,115
Spay/Neuter Program
$141,657
Capital Expense (Kea'au Expsn)
$10,119
Contributions (Inc Bequests)
$52,829
Spay/Neuter Program
$121,286
Fundraising (Including Grants)
$116,647
Community Programs (Including
Adoptions)
$105,878
Adoptions & Other
$47,609
General & Administrative
$52,149
Depreciation
$17,498
TOTAL
$991,362
TOTAL
$968,045
This table provides a broader picture of HIHS' total program. Non -county funding is directed
towards the spay -neuter program, community programs, general/administrative expenses and,
from time to time, capital expenditures. For the Council's information, HIHS board has approved
$60,000 of their funds to construct a "cat house" at the West Hawai'i Shelter facility.
This leads to the question of whether County ownership of the West Hawaii Shelter affects
the effectiveness of the County's animal control program.' I The West Hawaii Shelter sits
on County lands in the district of Kealakehe, North Kona, across from the County Kona Police
48
Station and makai of the old Kona landfill. Having the landfill as a backdrop to the shelter is not a
pleasing sight for a shelter visitor. Further, the county has not entered into a long-term lease with
HIHS for this facility, leaving the Agreement as a contractual substitute. Uncertainty in the terms
of a lease makes long-term strategic planning problematic for any nonprofit organization. It
provides little incentive to a nonprofit organization to commit its valued funds to improve a facility
for such a short term. The County has been fortunate to have contractors who are willing to place
their organizations' monies into the ground under these conditions.
Possible solutions to achieving equity are: (1) to enter into a long-term lease with the society,
(2) to sell the land to a society, or (3) to appropriate county funds for capital improvement projects
for the shelter.
The County should explore equitable long-term strategies for its West Hawaii Shelter.
POLICE VS. HUMANE OFFICERS
AND RESPONSIVENESS TO CALLS/COMPLAINTS
The complaint that the police are doing the work of the contractor is valid. Indeed, Chapter 4,
HCC, places the duty for issuing a summons for violating the chapter or Chapter 143, HRS, on the
humane officer. However, because of the prioritized response to calls, the days and hours of
shelter operations, and limited resources, the level of service delivered by the contractor has
necessitated police involvement. During the course of this review, the Police Department reported
it had responded to hundreds of calls for animal control, liability dog owners, and noisy dogs
(police enforce noisy dogs). Replying to our inquiry on enforcement, Deputy Police Chief James
S. Correa stated "we feel that response to complaints involving animals should be handled by the
Humane Society."
Subrogating animal control responsibilities raises several issues. (1) Law enforcement resources
are not being used efficiently; (2) There is public confusion or frustration over agencies'
responsibilities; (3) What procedures have been establishing between HIHS and the Police
Department to insure that investigative information and data are shared and compiled; (4) Is each
agency applying and enforcing the law equitably and, if not, what are the consequences; (5) What
animal control services are being provided from county funds; and (6) Is the current funding
inadequate.
Is it reasonable to expect 161h shelter staff, of which 91h are humane officers (currently only 6), to
service the entire island 24 hours a day? NO. We believe community expectations are greater
than can be delivered with the allotted financial, human and operational resources. The humane
officer is a type of law enforcement officer. Similar tasks, such as patrolling, reporting, preparing
for/attending court hearings and mediating, are required of both officers. One humane officer per
shelter is on-call by pager when the shelters are closed. Police assistance, especially when the
shelters are closed, is inevitable.
If the Council agrees that a 24-48 hour prioritized response time to calls and complaints is
insufficient and that police officers should not be used for animal control, more humane officers
and commensurate equipment and training are vital.
49
The emergence of community policing in our county and the United States has enabled police
officers to establish partnerships with the communities they serve to solve and prevent problems.
This holds true with animal control. Hawaii County community police officers have helped to
link animal -problem neighborhoods with the humane officer. The number of humane officers per
service area will still constrain the level of responsiveness.
There are serious consequences when two agencies perform the same tasks if investigations and
paperwork are not fully coordinated. This is the case with vicious dog designations where keeping
track of the first bite is crucial because the second bite would be taken to court. By county law,
HIHS investigates and notices an owner of a vicious dog. Appeals of the designation are
conducted by HIHS. To date, HIHS does not report the number of vicious dog designations it
makes nor does it maintain a database on vicious dog designations. On the other hand, the Police
reported responding to a total 98 vicious dog complaints (Puna -32, Kona -26, S. Hilo -18, S.
Kohala-8, Hamakua-7, N. Hilo -3, Kau -3, N. Kohala-1) in FY 1999-2000. According to HIHS,
they do not always receive all vicious dog designations or related police reports. Without an
interagency sharing of a database and investigative information, neither the Police nor HIHS will
know how many "bites" a dog owner has been given. The victim becomes the victim of agencies'
miscues.
❖ The Police and HIHS must establish interagency protocols for sharing information of
mutually -cited violations and documentation of vicious dog designations.
❖ HIHS, as the authorized society, must maintain a comprehensive computer database on
vicious dog designations and the information shared with the Police Department.
CONTRACTUAL OVERSIGHT BY THE COUNTY
Oversight of the animal control contract has been problematic since 1992 when the finance
department began administering the contract to expedite financial payments. Reassignment was
made with the understanding that the police department was to provide operational support in the
form of investigating complaints against HIHS. This verbal understanding was not implemented in
writing or in practice. Consequently, confusion within the County has resulted in the finance
department reluctantly "managing" the contract by default.
The County has not developed a formal system of tracking and addressing public complaints about
HIHS. Response to complaints has basically fallen upon HIHS. The County Department of
Finance should produce a disposition log with related investigative work and written responses by
the County to the complainant. A copy of the disposition letter should be sent to other persons
receiving the initial complaint. Prompt disposition of these complaints by the lead agency may
help to alleviate a citizen's distress or at least clarify the reason for the problem (i.e. no
requirement for holding cats longer than 48 hours). The type and number of complaints could help
in the formulation of laws or provide documentation of noncompliance by the contractor. Other
complaints may not be within the county's authority.
Knowledge of the law and its application are an evolutionary process. The County must assure
that its laws and program are being executed in an appropriate and consistent manner. Frequent
communication and collaborative meetings with all affected agencies must occur to guarantee the
50
desired level of service. Animal control is not the humane society's program. It is a county
program and must be embraced to succeed.
❖ The Finance Department should schedule collaborative meetings with representatives from
the mayor's office, the police department, the prosecuting attorney's office, the gf9ce of
the corporation counsel, the finance department and HIHS discuss ongoing and new
problems or issues.
❖ The Finance Department, as the contract
log showing the name of the complainant,
and date of the disposition.
oversight agency, should develop a disposition
the nature of the complaint(s), and the nature
The County should better coordinate public education efforts of HIHS with its own public
education efforts. We recommend the County Data Systems Department place HIHS public
education material (spay -neuter program, requirements of the law, picking a pet, etc) on
the County's website.
OVERALL RECOMMENDATION
❖ The Council should consider establishing an animal control program having two distinct
service functions: (1) a sheltering -adoption -euthanasia service provided by an
appropriate humane society, and (2) a newly created Animal Services and Enforcement
Division within the Hawaili County Police Department.
Tmd1donal shelter and animal care operations should continue to be perforated by a
contracted humane society.
The enforcement function would be implemented by the new division whose duties would
include, but not be limited to: (1) seizure of stray dogs; (2) leash law enforcement;
(3) vicious dog and/or dog bite investigations, (4) incidents of trespassing animals;
(S) animal nuisance, noise and defacadon complaints; (6) pickup and disposal of dead
animals, (7) patrol duties, (8) rescue of animals in danger or distress; (9) issuance of
citations and summons pursuant to Chapter 4, Hawaili County Code, and state statutes,
and (10) court appearances and presentation of investigative findings as required.
Creating classified, specialized positions in the Police Department would, at the
minimum: (1) increase the level of 24-hour service expected by the community of law
enforcement and response tithes, (2) allow for shared resources of radio and dispatch
communications, reporting database, and clerical and computer equipment; (3) assure
coordination of investigative information and related documentation for purposes of
prosecution and court appearances; (4) advance law enforcement and investigative
training opportunities to humane officers, and (5) provide a network of peer and legal
support to humane officers that does not exist now.
51
EVALUATING ANIMAL CONTROL
PROGRAMS AND SHELTERS( #6)
The Humane Society of the United States (HSUS) and the National Animal Control Association
(NACA) both offer contractual monitoring and evaluation services to local shelters throughout the
country.
HSUS operates an Animal Services Consultation Program" to assist communities in the evaluation
of (1) shelter operations/facilities (staff training, accessibility to the public, policies and
procedures, customer service, volunteer programs, animal -related record keeping forms);
(2) management/administration (role of agents, internal and external dynamics, human sources
issues, staffing infrastructures, contractual obligations, general budgeting and strategic and long-
range planning); and (3) animal control/field services (animal control legislation, field officer
staffing and training, normal and emergency procedures, demographics).
NACA's evaluation teams are composed of one or more assigned members of its Board of
Directors or staff who actively work in animal care and control. NACA teams study and evaluate
field operations, shelter operations and administration and examine the following program
components: 12
NACA EVALUATION AREAS
NACA EVALUATION AREAS
NACA EVALUATION AREAS
A. SHELTER
-%
FIELD
C.
COURT
1. Facility Construction
1.
Vehicles
1.
Preparation
(a)
materials used
(a) appearance
(b)
use of space
(b) type
2.
Appearance
(c)
traffic patterns
(c) identification
(d)
disease control
D.
TRAINING
(e)
lighting
2.
Communications
(f)
public access areas
(a) radios
1.
Internal
(g)
storage areas
(b) dispatch
(h)
security
(c) procedures
2.
External
(i)
office area and resources
3.
Uniforms
E.
ADMINISTRATION
(a) required
2. Operations
(b) written regulations
1.
Resources
(a)
sanitation
(b)
air exchange
4.
Equipment
2.
Chain of Command
(c)
record accountability
(a) capture
(1) calls for services
(b) safety
3.
Public Relations
(2) for tracking animals
(3) finances
5.
Record Keeping
F.
COMMUNITY RELATIONS
(d)
policies and procedures
(a) in the field
(1) current
(b) fee collection
1.
Programs
(2) valid
(3) written
6.
Dangerous/Wild/IAvestock
2.
Volunteers
(e)
euthanasla
(a) dangerous dogs
(1) methods
(b) wild animal problems
(2) safety
(c) stray livestock
(3) humane
(f)
adoptions
7.
Citations
(1) counseling
(2) spay/neuter
8.
Investigation Problems
52
file with the Legislative Auditor's Office. Typically, NACA assessments of animal control
agencies are performed by 1-2 board member teams, on-site for five days at a cost of
$3,00045,000, plus any and all costs related to travel, meals and living expenses.
OVERALL RECOMMENDATION
6• The Council should immediately procure a contractor with expertise in the field of animal
service to perform a performance evaluation and assessment of the Hawaii Island Humane
Society. The performance evaluation and assessment would examine (1) departmental
structure and organizational hierarchy; (2) deployment of resources and suggested
productivity improvements, (3) scheduling and coverage requirements; (4) field operations,
including vehicles, communications, record keeping, enforcement and investigative
procedures, (S) officers' and supervisors' training; (6) court preparation and appearances,
(7) office automation; (8) shelter operations, including euthanasia and adoptions,
(9) effectiveness of community relations and volunteer programs and (10) analysis of the
mission statement.
The findings and recommendations of the report will (1) aid the Council's formulation of
policy when dmffing a comprehensive code revision of Chapter 4, and provide a qualified
appraisal of its animal control program; (2) assist the County administration, spec{fkally the
Department of Finance, with technical information that would guide contract oversight,
reporting accountability and further contract amendments; and (3) provide feedback to the
Hawaii Island Humane Society for Immediate and future courses of action.
53
MAJOR NATIONAL ANIMAL WELFARE AND
CONTROL ORGANIZATIONS PROFILES (Reno k61
This list was developed through a search of the internet and research of animal literature. The list
should be taken as a partial listing of major national animal welfare and control organizations.
A. American Humane Association (AHA)
Founded in 1877, the American Humane Association is the only national organization dedicated to
both child and animal protection. AHA conducts public educational about humane treatment of
animals through "Be Kind to Animals" and "Tag Day" annual events, rescues animals during
national disasters, provides training for animal shelter professionals, and serves as the sole
organization with jurisdiction of animals used in the television and film industries. The Hawaii
Island Humane Society is affiliated with the American Humane Association.
The American Humane Association provides annual training and workshops in such areas as cat
and dog behavior, chemical capture, technical animal rescue, compassion fatigue, cruelty
investigations, euthanasia -by -injection, and humane education
B. American Society for the Prevention of Cruelty to Animals (ASPCA)
The ASPCA was founded in 1866 as the first humane organization in the Western Hemisphere. Its
475,000 members and donors support prevention of cruelty, pain, fear and suffering of animals
through nationwide education and legislative programs. Although ASPCA does not directly
operate local shelters, it works with local humane organizations through its National Shelter
Outreach division to address pet overpopulation, management of animal shelters, and humane
education programs.
C. American Veterinary Medical Association (AVMA)
Established in 1863, AVMA works to advance the science and art of veterinary medicine,
including its relationship to public health and agriculture. As the largest veterinary organization in
the world, AVMA is recognized as the voice of the profession and an authority on animal welfare.
More than 61,000 veterinarians are members of the AVMA, approximately 80% of all
veterinarians in the United States. Membership is voluntary and annual dues are assessed.
The AVMA provides a fonnn for veterinarians to pursue common interests and represents the
profession's positions on various issues to the government and the public. Through AVMA
membership, veterinarians develop and maintain standards of professional competence and
conduct.
54
D. Humane Society of the United States (HSUS)
Founded in 1954, the HSUS is the world's largest animal protection organization, supported by
seven million members and constituents. The HSUS provides professional training in the field of
animal care and control at the local shelter level, trains boards of directors, and evaluates facilities.
HSUS publishes a magazine, Animal Sheltering, 10 times per year for professionals in local
humane societies and municipal animal control agencies. Its web site, www.husn.org., provides
nearly 1000 pages of information about HSUS activities, news affecting animals, and what people
can do to help animals.
E. National Animal Control Association (NACA)
NACA was incorporated in 1978 to assist professional animal control personnel in communities
nationwide. NACA operates the NACA 100 Training Academy for intensive training in animal
care and control skills, enforcement, communication and safety. It publishes a 300 -page training
guide, and provides workshops in humane capture of annals and humane animal euthanasia.
F. The Maddie's Fund and "No -Kill" Nonprofit Citizen Coalitions
Nationwide, a movement toward "no -kill" community coalitions that work to end the killing of
adoptable dogs and cats has enjoyed a major boost due to the philanthropy of the Maddie's Fund
(www.maddiesfund.org). Established in 1994 with an endowment exceeding $200 million by the
family of Dave Duffield, co-founder and board chairman of PeopleSoft, the Maddie's Fund
supports initiatives to place more sheltered dogs and cats in homes and to decrease the number of
unwanted pets through aggressive spay/neuter programs. Maddie's Fund president Richard
Avanzino emphasizes "bold, innovative and ambitious solutions that incorporate 'out of the box'
thinking and ideas." Grantmaking by the Maddie's Fund focuses on building coalitions among
animal control agencies, rescue groups, volunteer foster organizations and veterinarians
G. Other Animal Welfare Organizations
Other national organizations involved in animal welfare and control issues include Adopt -A -Pet,
American Animal Hospital Association, American Anti -Vivisection Society, American Kennel
Club, American Pet Association, Animal Behavior Society, Animal Legal Defense Fund, Animal
Rights Law Office, Association for Pet Loss and Bereavement, Canine Companions for
Independence, Cat Fanciers Association, Doris Day Animal League, Last Chance for Animals,
National Association of Professional Petsitters, People for the Ethical Treatment of Animals, Pet
Network, Save Our Strays, the Society of Animal Welfare Administrators, The Ark Trust, World
Society for the Protection of Animals and the World Wildlife Fund.
55
ENDNOTES
'U.S. Pet Ownership and Demographic Sourcebook
2 ICMA, Management Information Service Report, Volume 25, Number 9, September 1993, p. 2
' U.S. Pet Ownership and Demographic Sourcebook
ICMA, Management Information Service Report, Volume 25, Number 9, Septemer 1993, p. 2
5ICMA, Management Information Service Report, Volume 25, Number 9, September 1993, p. 4
6 American Society for the Prevention of Cruelty to Animals, Trends handouts, Letter of 10/4/00
' ICMA, Management Information Service Report, Volume 25, Number 9, September 1993, p. 5
'Animal Control Advisory Commission Duties
' Agreement -Contract No. C81231 & C57008, City & County of Honolulu and Hawaiian Humane Society
0 Independent Auditor's Report to the Board of Directors of the Hawai'i Island Humane Society, Ronald A.
Kawahara and Company, CPA, October 20, 1999.
" Professional Animal Services Consultation Program Overview, Humane Society of the United States
Z NACA Program Evaluation, NACA website
ACKNOWLEGEMENTS
We wish to express our appreciation for the cooperation and assistance extended to us by the officials,
officers and staff of the Hawaii Island Humane Society, the Hawai'i County Department of Finance, the
Hawaii County Police Department, the County of Hawaii Offices of the Prosecuting Attorney and the
Corporation Counsel, Dr. Sterrett Grine, Hawaiian Humane Society, Kauai Humane Society, Maui
Humane Society, West Hawai'i Humane Society, City of Chattanooga, Tennessee, National Animal Control
Association, American Society for the Protection of Cruelty to Animals, Maddie's Fund, and all those
interested citizens who communicated with our office.
56
BIBLIOGRAPHY
Books, Periodicals, Pamphlets, Articles
American Veterinary Medical Association. "Veterinary Market Statistics." (reprinted from U.S. Pet
Ownership & Demographics Sourcebook)
American Society for the Prevention of Cruelty to Animals. Trends in Animal Shelters. Transmitted
by ASPCA Letter of October 4, 2000 from Wanda Echevarria, Program Coordinator -National
Shelter Outreach
Handy, Geoffrey. Shelter Sense. "Boosting Compliance: Operating An Effective Animal -Licensing
Program." August 1995
Church, Ann. "Making A Difference: Ten Steps That Can Help You Pass a Law." The Humane
Society of the United States, Fall 1981
Hoff, Gerald L., PhD., and Jane Brawley, DVM. "Companion Animal Issues and the Physician."
Southern Medical Association. 1999.
Humane Society of the United States. "Professional Animal Services Consultation Program
Overview."
Humane Society of the United States. "Responsible Animal Regulation." 1986.
Humane Society of the United States. "Local Animal Control Management." ICMA, Management
Information Report, Volume 25, Number 9, September 1993.
Humane Society of the United States, "Professional Animal Services Consultation Program
Overview."
National Animal Control Association. "Sample City Animal Control, Evaluation and Assessment,
November, 1998."
People Who Care About Animals. Animal People. "Can We Outlaw Pet Overpopulation?"
U.S. Pet Ownership and Demographic Sourcebook
Contracts
County of Hawaii. "Agreement" with the Hawaii Island Humane Society.
City and County of Honolulu. "Contract No. C81231 & C57008" with the Hawaiian Humane
Society.
City and County of Honolulu. "Contract No. 81221 & C5701" with the Hawaiian Humane Society
for Spay/ Neuter Clinic for Dogs and Cats.
County of Kauai. "Contract No. 6378" with the Kauai Humane Society.
57
County of Maui. "Grant Agreement No. G1100" with the Maui Humane Society.
Municipal Codes By State/Country
ARIZONA
Pinal County Animal Control Ordinance No. 71395
CALIFORNIA
City of Menlo Park Municipal Code
International Institute of Municipal Clerks. "Regulating Dangerous or Vicious Dogs."
HAWAII
City and County of Honolulu, Chapter 6.04, 6.08, 6.05, 6.16, 6.20
City and County of Honolulu Bill 52 (2000), CDl
City and County of Honolulu Bill 64 (2000)
City and County of Honolulu Bill 73
County of Kauai, Section 22-2.1-2.10
County of Maui
ILLINOIS
DuPage County Animal Control
Illinois Compiled Statutes. Animal Control Act, 510 ILCS 5/
Kane County Animal Control Ordinance
KENTUCKY
Jefferson County Code, Chapter 91.100
MARYLAND
Charles County Animal Regulations
Montgomery County, Maryland
MONTANA
City of Billings
OREGON
Multnomah County of Hawaii
NEVADA
Clark County animal Control
TENNESSEE
City of Chattanooga, Tennessee
Leon County, Tallahassee, Tennessee
TEXAS
City of North Richland Hills
WASHINGTON
King County
Seattle Animal Control
OTHER
Animal Legal Defense Fund. "Model State Cruelty Law."
Wake County Animal Control Ordinance (Adopted June 3, 1996).
City of Grande Prairie, Alberta, Canada, Animal control By -Law C-989
www.americanhumane.or¢
Website or Email Address References
58
www.aspca.ora
www.m ui.net/—paradise/events/MHS/PetNlyths.htrnI
www.co.maui.hi.us/
www.kauaihumanesociety.org/aboutus.htm
www.maddiesfund.or¢. Grant Guidelines, Funded Projects, No Kill Chronicle, How You Can Help,
For Animal Organizations, About Us
www.avma.org/cim/estimate.htm.
"Veterinary Market Statistics, Economic Report on Veterinarians and Veterinary Practices —
Formulas to Estimate Pet Numbers"
"No -kill program to help feral feline problem in California." September 15, 1999.
Press Release. "Almost A Million People Annually Treated For Dog Attacks." 1999.
www.infpasaveourstmys.com. An Ideal Community Homeless Animal Management System,
Breakdowns in the Community Animal Welfare Management System, County Homeless Pet Report,
Dysfunctional Pet Ownership, Pet Library, Australia Shelter Management, Pet Retention Programs,
www.hsus.ore. HSUS Programs: U.S. Pet Ownership Statistics, HSUS Guidelines for the Operation
of An Animal Shelter, Pet Overpopulation Facts, History of the HSUS
www.nacaa,interserv.com.
Interviews and Discussions
Police Department: Major David Kawauchi
Captain Dale Fergerstrom
Office of the Prosecuting Attorney: Prosecuting Attorney Jay Kimura
Deputy Prosecuting Attorney Mitch Roth
Finance Department: Budget Administrator Gary Takamura
Treasury Division Preaudit Clerk Noela Nishimura
Office of the Corporation Counsel: Deputy Corporation Counsel Fred Giannini
Deputy Corporation Counsel Scott Leithead
Hawaii Island Humane Society: Executive Director Grayson Hashida
Kea`au Shelter Operations Manager Duane Mendoza
and shelter personnel
Dr. Sterrett Grune, D.V.M.
Patrick Pacheco (former Dog Warden)
59
Ginger Towle, West Hawaii Humane Society
Johnnie W. Mays, National Animal Control Association Executive Director
Shelter personnel from other counties
Various citizens and government personnel
An Ideal Community Homeless Animal Management System
Program
Aetim
Reason
Responsibility
Structure
Separate Animal Control and
Different missions
Nonprofit
Nonprofit Organizations
Different funding sources
Compromises humane
With Partnership
ethic, reduces regional
shelter capacity.
Underfunds proactive
programs
Goal Bening
Shared Regional Goals to lower
Raise community
Every companion animal
impoundment and euthanasia
awareness
person and organization
rates, increase spayhteuter and
microchip rates
Every organization shares
in rehoming success and
takes responsibility for
pets lost. (No good guys
or bad guys, All in this
together)
Ordinance Enforcement
Government animal control
Government enforcement
The Government
(professional officers)
and response to cifizen
calls
(Bylaw)
Better staffed and
equipped to perform
these functions.
Empowered by law.
Animal
$5 to $6 per capita
Animal control is a pudic
Local county or city
Control
for Animal Control with
service for the entire
government
Funding
25% going to proactive programs
community, not just
like spay/neuter and permanent
animal owners. This
Identification.
program should receive
general fund money.
u f
Animal Control
Euthanize surplus animals
Maintain the carrying
Animal Control ONLYT
capacity of the community
Nonprofit Animal
A No -kill, low -kill, care until
Increased public support
All Community
Welfare
adopted, aggressive adoption, non
and resources. Administer
nonprofits
profit organization
proactive programs that
prevent animals from
becoming impounded.
Increases adoptions and
market share.
EXHIBIT A
Stray Animal
Take in strays
Keep public safe
Animal Control
Impoundment
Owner Relinquishment
`A
Receive owner released
Provide temporary
Nonprofits
housing for those who
Limited admissions based on ability
can no longer keep their
lo place pet
pets.
Animal Control
Transfer animal to nonprofit for
Nonprofit better able to
Nonprofit
Transfers
adoption (at no cost)
market and adopt animals
Animal Control
More public participation
because animals in
shelter are not on "death
row."
Animal Control
Nonprofit handles Animal Control
Nonprofits are better able
Nonprofits
Adoptions
adoptions
to market pets available
Animal Control
for adoption to community
Permanent
Low cost lifetime license with
Lower volume of strays
Animal Control
Identification -
microchip and spay/neuter
Track ownership Save
Animal Lives by
Part of license program
80% usage Rate
increasing relum to owner
rate
Lost and Found
Lost animal recovery handled by
Greater staffing resources
Nonprofit
nonprofit with shared data base
Better equipped to
administer program
Microchips
Subsidies for low income owners
Safeguard
i
Nonprofit
pets
Microchips
ID a 8rons
Increase microchip use
Nonprofits
Visual Identification
Supply visual
Increase Pet ID Rate
Nonprofit
ID Tag (take donations only)
�l
SpaylNeuter
10,000 spay/neuters per year
Reduce supply of surplus
Nonprofits
pets
Animal Control
SpaylNeuter
Low-cost Clinic
Align Supply with demand
Animal Control
Nonprofits
Spay/Neuter
All animals SIN before adoption
SIN deposits don't work.
All Adoption Shelters
release
Shelters can't contribute
to the surplus problem
Spsymeuter
Mobile SIN van
More accessible to low
Nonprofit
income, ethnic and rural
communities
Spay/Neuter
Veterinary Vouchers
More affordable for low-
County or City
income and casual
Governments
caretakers (People who
feed stray cels)
Spay/Neuter^�
Feral Cat
Stem volume of kittens
Nonprofits
SIN Program
from feral colonies
SpayMeuter
�-
Spay athons
Raise public awareness
�—
Nonprofits &
veterinarians
Pet Retention
Low-cost Dog Training Classes
Prevent problems Help
Nonprofits
owners bond
Veterinarians
Animal Control
Breeders
Pet Retention
Behavior Hot Line
Help owners work out
Nonprofits
problems
Pat Retention
Preadoption Test
Detect high probability of
Nonprofit
relinquishments and offer
Animal Control
training
Veterinarians
Breeders
Pet Retention
New Owner Orientation
Get new owners off on
Nonprofits
the right track and prevent
Animal Control
unwitting abuse
Veterinarians
Breeders
Pet Health Care and
Care for sick and injured homeless
Fulfill the humane ethic
Nonprofit
Rehabilitation
pets
Low Income programs
Reduced rates for S/N, Microchips
Go right to the source of
Nonprofits
and training
most surplus animal
problems.
Animal control
Veterinarian
Offer low-cost spay/neuter
Key contacts with pet
Veterinarians
Involvement
owning community
Take government vouchers
Governments
Perform early -age spay/neuter
Offer behavior exams at 6 mo
Offer training losses or refer
Feral, Free Roami� _
TrapNaccnate/Aller/Release
-
Reduce oversupply of
Nonprofits
Cats
cats from main source,
feral cats
Breeders
Breeders Certification
Offers a way to
Local All Breed Clubs
distinguish beNreen
responsible and charlatan
breeders.
Pat Acquisition
Local (coalition sponsored) pet
Refer public to available
Community Pet
acquisition agency
pets. Monitor activity.
Eventually be able to
Coalition
align supply with demand
for area animals
.�,
A suggested ordinance for the humane control and regulation of animals and for
other purposes.
Prepared and recommended by
THE HUMANE SOCIETY OF THE UNITED STATES
2100 L Street, N.W.
Washington, D.C. 20037
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SECTION 1. Definitions
As used in this ordinance, the following terms are defined below:
Animal: Every non -human species of animal, both domestic and wild.
Animal -At -Large: Any animal not under the restraint of a person capable of controlling
the animal and/or off the premises of the owner.
Animal Shelter: Any facility operated by a humane society, or municipal agency or its
authorized agents, for the purpose of impounding animals under the authority of this
ordinance or state law for care, confinement, return to owner, adoption, or euthanasia.
Auction: Any place or facility where animals are regularly bought, sold, or traded,
except for those facilities otherwise defined in this ordinance. This section does not apply
to individual sales of animals by owners.
Circus: A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment: Any pet shop, grooming shop, guard dog auction,
riding school or stable, zoological park, circus, performing animal exhibition, or boarding
or breeding kennel.
Grooming Shop: A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Guard Dog: Any dog that will detect and warn its handler that an intruder is present
uVor near an area that is being secured.
Humane Officer or Animal Control Officer: Any person designated by the state of
, a municipal government, or a humane society as a law enforcement
officer who is qualified to perform such duties under the laws of this state.
Kennel or Cattery: Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
Owner: Any person, partnership, or corporation owning, keeping, or harboring one or
more animals. An animal shall be deemed to be harbored if it is fed or sheltered for
three consecutive days or more.
Performing Animal Exhibition: Any spectacle, display, act, or event, other than
circuses, in which performing animals are used.
Pet or Companion Animal: Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the habitation of humans
and is dependent on people for food and shelter.
Pet Shop: Any person, partnership, or corporation, whether operated separately or in
connection with another business enterprise (except for a licensed kennel), that buys,
sells, or boards any species of animal.
'EXHIBIT 8
e- r,
Public Nuisance: Any animal or animals that unreasonably annoy humans, endanger the
life or health of other animals or persons, or substantially interfere with the rights of
citizens, other than their owners, to enjoyment of life or property. The term "public
nuisance animal" shall mean and include, but is not limited to, any animal that
• is repeatedly found at large;
• damages the property of anyone other than its owner;
• molests or intimidates pedestrians or passersby;
• chases vehicles;
• excessively makes disturbing noises, including, but not limited to, continued and
repeated howling, barking, whining, or other utterances causing unreasonable
annoyance, disturbance, or discomfort to neighbors or others in close proximity to
the premises where the animal is kept or harbored;
• causes fouling of the air by odor and thereby creates unreasonable annoyance or
discomfort ton hbors or others in close proximity to the premises where the
animal is kept oharbored;
• causes unsanitary conditions in enclosures or surroundings where the animal is
kept or harbored;
• is offensive or dangerous to the public health, safety, or welfare by virtue of the
number and/or types of animals maintained;
• attacks other domestic animals; or
• has been found by the commission for animal control, after notice to its owner and
a hearing, to be a public nuisance animal by virtue of being a menace to the public
health, welfare, or safety.
Restraint: Any animal secured by a leash or lead under the control of a responsible
person and obedient to that person's commands, or within the real property limits
of its owner.
Riding School or Stable: Any place that has available for hire, boarding, and/or riding
instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys,
sells, or trains the above animals, including a racetrack, trotting track, or rodeo.
Veterinary Hospital: Any establishment maintained and operated by a licensed
veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Vicious Animal: Any animal that attacks, bites, or irJures human beings or
domesticated animals without adequate provocation, or which, because of temperament,
conditioning, or training, has a known propensity to attack, bite, or injure human beings
or domesticated animals.
Wild Animal: Any living member of the animal kingdom, including those born or raised
in captivity, except the following: human beings, domestic dogs (excluding hybrids with
wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays),
farm animals, rodents, any hybrid animal that is part wild, and captive -bred species of
common cage birds.
Zoological Park: Any facility operated by a person, partnership, corporation, or
government agency, other than a pet shop or kennel, displaying or exhibiting one or
more species of nondomesticated animals.
SECTION 2. Animal Control Commission
The Animal Control Commission shall meet at the call of the Chairman and do
the following:
(a) Recommend to the City/County Executive rules and regulations concerning the
operation of the animal shelter, standards for the collection, care, custody and disposal of
animals at large and public nuisance animals, and standards for the maintenance of
holding facilities and guard and sentry dogs.
1-1
(b) Review the proposed budget of the animal -control shelter and make the
recommendations to the Director of Finance in accordance with the City/County
budget procedure.
(c) Prepare and present the Animal Control Commission Budget to the Director
of Finance.
(d) Upon written complaint, conduct a public hearing to determine if an animal, or
holding facility, is a public nuisance animal or holding facility.
(e) Upon written request, to hear and decide appeals of licensees whose licenses have
been revoked by the Department of Licenses and Permits or Health Officer, and revoke
any license upon its own motion for violation of this Subtitle.
(f) Recommend to the City/County Council necessary changes in the law regarding the
control of animals.
SECTION 8. Lieu
(a) Any person owning, keeping, harboring, or having custody of any animal over four
months of age within this municipality must obtain a license as herein provided. This
provision may not apply to small cage birds or to aquatic and amphibian animals kept
solely as pets.
(b) Written application for licenses, which shall include name and address of applicant,
description of the animal, the appropriate fee, and rabies certificate issued by a licensed
veterinarian or antirabies clinic, shall be made to the licensing authority.
(c) If not revoked, licenses for the keeping of dogs and cats shall be for a period of one
or more years.
(d) Application for a license must be made within thirty days after obtaining a dog or cat
over four months of age; this requirement will not apply to a nonresident keeping a dog
or cat within the municipality for not longer than sixty days.
(e) License fees shall not be required for certified Seeing Eye dogs, hearing dogs,
governmental police dogs, or other certified dogs that are trained to assist the
physically handicapped.
(f) Upon acceptance of the license application and fee, the licensing authority shall issue
a durable tag or identification collar, stamped with an identifying number and the year
of issuance. Tags should be designed so that they may be conveniently fastened or
riveted to the animal's collar or harness.
(g) Dogs and cats must wear identification tags or collars at all times when off the
premises of the owners.
(h) The licensing authority shall maintain a record of the identifying numbers of all tags
issued and shall make this record available to the public at all times.
(i) The licensing period shall begin with the fiscal year and shall run for one year. A
license application may be made thirty days prior to, and up to sixty days after, the start
of the fiscal year. Persons applying for a license during the licensing year shall be
required to pay 50 percent of the fee stipulated in this section.
(j) Persona who fail to obtain a license as required within the time period specified in
this section will be subjected to a fine of $10.
(k) A license shall be issued after payment of the following application fee:
• unneutered male dog....
$20
• neutered male dog ...... $5
• unneutered male cat ....
$10
• neutered male cat ......
$5
• unspayed female dog ....
$20
• spayed female dog ......
$5
• unspayed female cat.....
$10
• spayed female cat.......
$5
p) A duplicate license may be obtained upon payment of a $1 replacement fee.
(m) No person may use any license for any animal other than the animal for which it
was issued.
SECTION 4. Permits
(a) No person, partnership, or corporation shall operate a commercial animal
establishment or animal shelter without first obtaining a permit in compliance with
this section.
(b) The licensing authority shall promulgate regulations for the issuance of permits and
shall include requirements for humane care of all animals and for compliance with the
provisions of this ordinance and other applicable laws. The licensing authority may
amend such regulations from time to time as deemed desirable for public health and
welfare and for the protection of animals.
(c) When a permit applicant has shown that he is willing and able to comply with the
regulations promulgated by the licensing authority, a permit shall be issued upon
payment of the applicable fee.
(d) The permit period shall begin with the fiscal year and shall run for one year.
Renewal applications for permits shall be. made thirty days prior to, and up to sixty days
after, the start of the fiscal year. Application for a permit to establish a new commercial
animal establishment under the provisions of this ordinance may be made at any time.
(e) If there is a change in ownership of a commercial animal establishment, the new
owner may have the current permit transferred to his name upon payment of a $10
transfer fee.
(f) No person shall train any dog to be used as a guard or sentry dog without possessing
a valid license. This Section shall not apply to the City/County government or any of its
agencies. The application for a guard or sentry dog training license shall state the name
and address of the owner and trainer, location of the facility, and the maximum number
of dogs to be housed at the training facility.
(g) Annual permits shall be issued upon payment of the applicable fee
• kennel authorized to house fewer than ten dogs or cats...... $50
• kennel authorized to house ten or more but fewer than fifty .... $100
• kennel authorized to house fifty or more dogs or cats ......... $150
• pet shop ............................................$100
• riding stable: ........................................ $100
• auction.............................................$100
• zoological park.......................................$200
• circus ..............................................$200
• grooming shop ....................................... $50
• petting zoo..........................................$150
• guard -dog training center..............................$200
(h) Every facility regulated by this ordinance shall be considered a separate enterprise
requiring an individual permit.
(i) Persons operating kennels for the breeding of dogs or cats may elect to license such
animals individually.
0) No fee may be required of any veterinary hospital, animal shelter, or government -
operated zoological park.
(k) Failure to obtain a permit before opening any facility covered in this section shall
result in a fine of $200.
p) Any person who has a change in the category under which a permit was issued shall
be subject to reclassification and readjustment of the permit fee.
SECTION 5. License and Permit Issuance and Revocation
(a) After an application is filed, the licensing authority shall inspect the facility prior to
issuing the permit. The licensing authority may revoke any permit or license if the
person holding the permit or license refuses or fails to comply with this ordinance, the
regulations promulgated by the licensing authority, or any law governing the protection
and keeping of animals.
(b) Any person whose permit or license is revoked shall, within ten days thereafter,
humanely dispose.of all animals owned, kept, or harbored. No part of the permit or
license fee shall be refunded.
(c) It shall be a condition of the issuance of any permit or license that the licensing
authority shall be permitted to inspect all animals and the premises where animals are
kept at any time and shall, if permission for such inspection is refused, revoke the permit
or license of the refusing owner.
(d) If the applicant has withheld or falsified any information on the application, the
licensing authority shall refuse to issue a permit or license.
(e) No person who has been convicted of cruelty to animals shall be issued a permit or
license to operate a commercial animal establishment.
(f) Any person having been denied a license or permit may not reapply for a period of
thirty days. Each reapplication shall be accompanied by a $10 fee.
C QN b. Re at
(a) All dogs shall be kept under restraint.
(b) No owner shall fail to exercise proper care and control of his animals to prevent
them from becoming a public nuisance.
(c) Every female dog or cat in heat shall be confined in a building or secure enclosure in
such a manner that such female dog or cat cannot come into contact with another animal
except for planned breeding.
(d) Every vicious animal, as determined by the licensing authority, shall be confined by
the owner within a building or secure enclosure and shall be securely muzzled or caged
whenever off the premises of its owner.
SECTION 7. ent and Violation N
a nrestrained dogs and nuisance animals shall be taken by the police, animal -control
officers, or humane officers and impounded in an animal shelter and there confined in a
humane manner.
(b) Impounded dogs and cats shall be kept for not fewer than five working days.
(c) If, by a license tag or other means, the owner of an impoundeTaanimal can be
identified, the animal -control officer shall immediately upon impoundment notify the
owner by telephone or certified mail.
(d) An owner reclaiming an impounded cat shall pay a fee of $10 and $3 for each day
the animal has been impounded. Subsequent impounds occurring within twelve months
are charged double.
(e) An owner reclaiming an impounded dog shall pay a fee of $10, $3-4 for each day the
animal has been impounded, and a license fee. Subsequent impounds occurring within
twelve months are charged double.
10
1
(f) Any animal not reclaimed by its owner within five working days shall become the
property of the local government authority or humane society and shall be placed for
adoption in a suitable home or humanely euthanatized by sodium pentobarbital, FP -3, or
cooled and bottled carbon monoxide only.
(g) In addltkan to, or in lieu uf, impounding an animal found at large, the animal -control
affitcer, huauwe aft, or police officer mey issue to the known► ovmer of such animal a
notie4 of ordinnss vioiation Such notice shall impose upon the owner a penalty of $10
that may, at the discretion of the animal owner, be paid to any agency designated by the
licensing authority within seventy-two hours in full satisfaction of the assessed penalty.
In the event that such penalty is not paid within tbe time period prescribed, a criminal
warrant shall be initiated before a magistrate and upon conviction of a violation of this
ordinance, the owner shall be punished as provided m Section 13 of this ordinance.
(h) The owner of an impounded animal may also be proceeded against for violation of
this ordinance.
(i) The licensing authority shall review automatically all licenses issued to animal owners
against whom three or more ordinance violations have been assessed in a twelve-
month period.
0) The shelter director shall keep complete and accurate records of the care, feeding,
veterinary treatment, and disposition of all animals impounded at the shelter.
SECTION 8. Animal Care
(a) No owner shall fail to provide his animals with sufficient wholesome and nutritious
food, water in sufficient quantities, proper air, shelter space and protection from the
weather, veterinary care when needed to prevent suffering, and humane care
and treatment.
(b) No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise
abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other
combat between animals or between animals and humans.
(c) No owner of an animal shall abandon such animal.
(d) No person shall crop a dog's ears or dock a dog's tail, except when a licensed
veterinarian issues a signed certificate that the operation is necessary for the dog's
health and comfort. In no event shall any person except a licensed veterinarian perform
such an operation.
(e) Chickens, ducklings, or rabbits younger than eight weeks of age may not be sold in
quantities of fewer than twenty-five to a single purchaser.
(f) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as
an inducement to enter, any contest, game, or other competition, as an inducement to
enter a place of amusement; or as an incentive to enter into any business agreement
whereby the offer was for the purpose of attracting trade.
(g) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall
stop at once and render such assistance as may be possible and shall immediately report
such injury or death to the animal's owner; in the event the owner cannot be ascertained
and located, such operator shall at once report the accident to the appropriate law
enforcement agency or to the local humane society.
(h) No person shall expose any known poisonous substance, whether mixed with food or
not, so that the same shall be liable to be eaten by any animal, provided that it shall be
unlawful for a person to expose on his own property common rat poison mixed only with
vegetable substance.
SECTION 9. Keeping of Wild Animals
(a) No person shall own, possess, or have custody on his premises any wild or vicious
11
animal for display, training, or exhibition purposes, whether gratuitously or for a fee.
This section shall not be construed to apply to AAZPA am -edited facilities.
(b) No person shall keep or permit to be kept any wild animal as a pet.
(c) The licensing authority shall have the power to release or order the release of any
infant wild animal under temporary permit that is deemed capable of survival.
SECTION 10. Performing Animal Exhibitions
(a) No person may sponsor, promote, train a wild animal to participate in, contribute to
the involvement of a wild animal in, or attend as a spectator any activity or event in
which any wild animal engages in unnatural behavior or is wrestled, fought, mentally or
physically harassed, or displayed in such a way that the animal is abused or stressed
mentally or physically or is induced or encouraged to perform through the use of
chemical, mechanical, electrical, or manual devices in a manner that will cause or is likely
to cause physical injury or suffering. This prolu'bition applies to events and activities
taking Place in either public or private facilities or prope, and applies regardless of the
purpose of the event or activities and irrespective of whether or not a fee is charged
to spectators.
(b) All equipment used on a performing animal shall St properly and be in good
working condition.
SECTION 11. Animal Waste
The owner of every animal shall be responsible for the removal of any excreta deposited
by his animals) on public walks, recreation areas, or private property.
ECTION 12. Sterilintio
No un sone or ca shall be released for adoption without being sterilized or
without written agreement from the adopter guaranteeing that such animal will be
sterilized within thirty days for adults and specified date in the contract for pups and
kittens. A deposit of at least $25 for cats and $35 for dogs must be paid at the time
of adoption.
SECTION 13. Enforcement
The civil and criminal provisions of this ordinance shall be enforced by those persons or
agencies designated by municipal authority. It shall be a violation of this ordinance to
interfere with a humane officer in the performance of his duties.
SECTION 14. Penalties
Any person violating any provision of this ordinance shall be deemed guilty of a
misdemeanor and shall be punished by a fine of not less than $25 and not more than
$500. If a violation continues, each day's violation shall be deemed a separate violation.
If any person is found guilty by a court of violating Section 8, his permit to own, keep,
harbor, or have custody of animals shall be deemed automatically revoked and no new
permit may be issued.
12
l-,
SECTION 15. Conflicting Ordinances
All other ordinances of the City of that are in conflict with this
ordinance are hereby repealed to the extent of such conflict.
SECTION 16. Severability Clause
If any part of this ordinance shall be held invalid, such part shall be deemed severable
and the invalidity thereof shall not affect the remaining parts of this ordinance.
13
r
Clark County Animal Control
Animal Control Ordinance Title 10.04
Definitions
Sections:
10.04.010
Generally
10.04.205
Housing Facility Defined
10.04.0 20
Adequate feed
10.04.210
Impound.
10.04.030
Adequate water
10.04.215
Microchip Identification Device
10.04.035
Ambient temperature defined
10.04.220
Motor vehicle
10.04.040
Animal
10.04.225
Operator Defined
10.04.050
Animal advisory committee
10.04.230
Owner.
10.04.060
Animal control center.
10.04.235
Owner Identification Tag
10.04.070
Animal control officer.
10.04.240
Person.
10.04.080
Animal regulation officer.
10.04.244
Pet Cat Fancier
10.04.085
Animal Shelter Defined
10.04.246
Pet Dog Fancier
10.04.090
Animal vaccination certificate
10.04.248
Provoked
10.04.100
At large.
10.04.250
Rabies quarantine area.
10.04.120
Bite.
10.04.255
Retailer Defined
10.04.140
Cattery
10.04.260
Shelter
10.04.145
Confidential Information
10.04.270
Sheriff.
10.04.150
Confined
10.04.280
Stray animal.
10.04.160
Cruelty or torture.
10.04.290
Vaccination.
10.04.170
Dealer Defined
10.04.300
Vaccine.
10.04.180
Enclosed lot.
10.04.310
Veterinarian
10.04.182
Enclosure
10.04.320
Veterinary clinic.
10.04.185
Exemption from Sterilization.
10.04.330
Veterinary hospital.
10.04.190
Guide dog
10.04.340
Vicious animal
10.04.200
Health officer
10.04.350
Wild animal
EXHIBIT C
10.04.010 Generally. For the purpose of this title, the following words and phrases shall have the meanings
respectively ascribed to them by this chapter.
10.04.020 Adequate feed. "Adequate feed" means the provision at suitable intervals, at least once every
twenty-four hours, of a quantity of wholesome foodstuff suitable for the species' physical condition
and age, sufficient to maintain an adequate level of nutrition in the animal, such foodstuff to be
served in a clean receptacle, dish or container.
10.04.030 Adequate water. "Adequate water" means the access at all times to an adequate supply of clean,
fresh, potable water.
10.04.035 Ambient temperature defined. Ambient temperature means the temperature directly and
immediately affecting the animal.
10.04.040 Animal. "Animal" means every living vertebrate, either male or female, except members of the
human race.
10.04.050 Animal advisory committee. "Animal advisory committee" means a committee established by the
board of county commissioners to act in advisory capacity to the board on matters involving the
care and control of animals, and to perform such additional duties involving control of animals as
may be delegated by the board.
10.04.060 Animal control center. "Animal control center" means any establishment authorized by the county
for the confinement, maintenance, safekeeping and control of all animals that come into the custody
of the animal regulation officer in the performance of his official duties.
10.04.070 Animal control officer. "Animal control officer" means any person employed by the county who is
responsible for the enforcement of this title.
10.04.080 Animal regulation officer. "Animal regulation officer" means the person appointed by the board of
commissioners to act herein, or his designated and duly authorized representative, including any
animal control officer.
Animal shelter defined.
Animal shelter means a facility:
10.04.085 1. For receiving and holding animals;
2. Designated by a local government for receiving and holding animals; or
3. Operated by a society for the prevention of cruelty to animals (as set forth in the Nevada
Revised Statute 574), for receiving and holding animals.
10.04.090 Animal vaccination certificate. "Animal vaccination certificate" means the document which every
veterinarian who vaccinates any animal with rabies vaccine shall issue to the owner of such animal:
a certificate signed by the veterinarian which states thereon the name and description of the animal,
the date of such vaccination and the type of vaccine used, a duplicate of which shall be sent to the
animal regulation officer.
10.04.100 At large. "At large" means off the property of the owner and not restrained by leash, cord, chain or
effective control of a person.
10.04.120 Bite. "Bite" means a puncture or tear of the skin inflicted by teeth of an animal
10.04.140 Cattery. "Cattery" means an enclosed area for the total confinement of one or more cats.
10.04.145 Confidential Information Confidential information is any information which is collected under this
title which has been designated as confidential and is not for public dissemination. Dissemination of
this information is limited to the Animal Control Authorities, public safety, and the Public Health
Authority for their use.
10.04.150 Confined. "Confined" means a condition whereby an animal is restricted to the property of the
owner by enclosed lot, leash, cord or chain suitable, to allow the animal comfort and safety.
10.04.160 Cruelty or torture. "Cruelty or torture", means every act of omission or commission whereby
unjustifiable physical pain, suffering or death is caused to any animal.
10.04.170 Dealer defined. Dealer means a person who, for compensation or profit, buys, sells, breeds, trades or
imports animals for resale.
10.04.180 Enclosed lot. "Enclosed lot", means a parcel of land or portion thereof around the perimeter of
which is a fence or wall adequate to contain any animal kept therein.
10.04.182 Enclosure. An enclosure for the purposes of this title is:
(A) a structure adequate to ensure an animal's retention and comfort and of a size to permit the
animal to stand upright and turn around; and
(B) that is high enough so that the animal cannot bite, harm, or injure by overreaching the top,
bottom, or through the enclosure.
10.04.185 Exemption from Sterilization Any veterinarian licensed to practice in the state of Nevada or any
other state may issue an exemption from sterilization if in the opinion of the veterinarian the animal
is unable to reproduce due to any medical condition or advanced age or if the surgery would be
hazardous due to health conditions of the animal. Said Exemption is valid for up to one year.
10.04.190 Guide dog. "Guide dog" means a dog specifically trained and used to guide a blind or handicapped
person.
10.04.200 Health officer. "Health officer" means the Clark County district health officer or his designated and
duly authorized representative.
10.04.205 Housing facility defined. Housing facility means a building, room or other area which contains one
or more enclosures.
10.04.210 Impound. "Impound" means the act of taking or receiving into custody by the animal regulation
officer any animal for the purpose of confinement in an animal control center consistent with the
provisions of this title
10.04.215 Microchip Identification Device. A nationally recognized microchip device implanted for the
identification of an animal.
10.04.220 Motor vehicle. "Motor vehicle" means every device in, upon, or by which any person or property is
or may be transported or drawn upon a highway.
10.04.225 Operator defined. Operator means a person responsible for the operation of -
1.
f1. A cattery, kennel or commercial establishment engaged in the business of selling animals: or
2. An animal shelter.
10.04.230 Owner. "Owner" means any person owning, keeping, possessing, harboring, or having the care,
custody or control of any animal.
10.04.235 Owner Identification Tag. A tag made of a durable material upon which is inscribed the name,
address, and telephone number of the owner of the animal.
10.04.240 Person. "Person" means any individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
10.04.244 Pet Cat Fancier. "Pet Cat Fancier" means any person owning, keeping or possessing on his property,
at one location, safely confined in a completely enclosed building, cattery, residence or enclosed lot,
up to twelve cats older than eight months of age for the showing in cat shows or feline events or up
to twelve spayed or neutered cats or any combination of the two.
10.04.246 Pet Dog Fancier. "Pet Dog Fancier" means any person owning, keeping or possessing on his
property, at one location, safely confined in a completely enclosed building, residence or enclosed
lot, up to six dogs older than one year of age for the purpose of showing in dog shows, field trials or
obedience trials, for working or hunting, or up to six spayed or neutered dogs, or any combination
of the two.
10.04.248 Provoked. For the purposes of this title an animal is "provoked" when it is tormented or subjected to
pain.
10.04.250 Rabies quarantine area."Rabies quarantine area" means any area in which a state of emergency has
been declared to exist due to the occurrence of rabies in animals in or adjacent to the area.
10.04.255 Retailer defined. Retailer means a person who acquires pets for resale.
10.04.260 Shelter. "Shelter" means protection from the elements consistent with the normal requirements of
the animal's size, species and breed, including, but not limited to adequate heat, shade, ventilation,
sanitation and access to adequate food and water.
10.04.270 Sheriff. "Sheriff' means the sheriff of the Las Vegas metropolitan police department or any person
designated by him to act herein.
10.04.280 Stray animal. "Stray animal" means any animal at large.
10.04.290 Vaccination. "Vaccination" means administration of an anti -rabies vaccine to any animal by a
veterinarian or other person authorized by law to administer anti -rabies vaccine
10.04.300 Vaccine. "Vaccine" means an anti -rabies medication in a dosage recommended in the "compendium
of Animal Rabies control, 1987" published by the National Association of State Public Health
Veterinarians, Inc.
10.04.310 Veterinarian. "Veterinarian," unless otherwise indicated, means any person licensed to practice
veterinary medicine in the state of Nevada or any person employed in Nevada by a governmental
agency to practice veterinary medicine
10.04.320 Veterinary clinic. "Veterinary clinic" means any establishment operated by a veterinarian to provide
dental, medical or surgical treatment, care and grooming, for animals on an outpatient basis.
10.04.330 Veterinary hospital. "Veterinary hospital" means any establishment operated by a veterinarian that
provides clinical facilities and houses animals for dental, medical or surgical treatment. A veterinary
hospital may have adjacent to it or in conjunction with it, or as an integral part of it, pens, stalls,
cages, or kennels for quarantine or observation, in a completely enclosed building.
10.04.340 Vicious animal. "Vicious animal" means any animal, except a dog in use by any federal, state or
local law enforcement agency in the regular course of the agency's duty, which bites, attempts to
bite, attacks, attempts to attack, or otherwise constitutes a physical threat to humans or domestic
animals, except an animal which bites, attempts to bite, attacks, attempts to attack or otherwise
threatens a person or animal unlawfully upon the premises of its owner, or a person or animal which
has provoked or teased it.
10.04.350 Wild animal. "Wild animal" means any animal found naturally in the wild state, whether indigenous
to the state of Nevada or not, and whether raised in captivity or not.
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Clark County Animal Control
Animal Ordinance Title 10.08
Tagging
Sections:
10.08.030 Vaccination certificate exemption permit. 10.08.100 Vaccination register
10.08.040_ Premises inspection 10.08.130 Permit to keep dogs and cats.
10.08.070 Tagging dog or cat or ferret -Tag misuse. 10.08.160 Pet dog, pet cat fancier's permit,
10.08.030 Vaccination certificate exemption permit. The owner of any dog or cat or ferret may obtain an
exemption from rabies vaccination permit from the animal regulation officer; provided, that:
(A) The animal is kept confined at all times; and
(B) The facilities for confinement have been inspected and approved by an authorized representative
of the county; and
(C) A service charge is paid for such inspection. The service charge shall be ten dollars per animal
per year.
10.08.040 Premises inspection. Every person, farm or corporation, required to obtain any permit under the
provisions of this chapter shall permit their premises to be inspected by the animal regulation officer
at all reasonable times.
10.08.070 Tagging dog or cat or ferret -Tag misuse.
(A) The owner of any dog or cat or ferret shall securely fasten about the neck of the dog or cat or
ferret a collar with a tag attached thereto bearing the number of such vaccination or current owner
identification tag; or the owner shall have a microchip identification device implanted.
(B) It is unlawful for any person to remove any vaccination tag issued under the provisions of this
title from any dog or cat or ferret not owned by him, or not lawfully in his possession or under his
control or care, or for any person to place on any dog or cat or ferret, or to permit any dog or cat or
ferret in his control or possession, to wear any vaccination tag not issued or provided in this title for
that particular dog or cat or ferret, or to place on a dog or cat or ferret or to own, keep, or possess,
any dog or cat or ferret, wearing any counterfeit, imitation, or altered vaccination tag provided for in
this chapter.
10.08.100 Vaccination register. The county shall keep a confidential register of all vaccinations issued,
showing:
(A) The name, current address, and telephone number, if any, of the vaccinated dog, cat or ferret;
(B) Date of vaccination;
(C) Date of expiration;
(D) Description of the dog or cat or ferret;
(E) The number of the tag; and
(F) The type, lot, date and lot expiration of rabies vaccination.
10.08.130 Permit to keep dogs and cats. No person shall keep more than three dogs over three months of age,
nor more than three cats over three months of age, at any one place, or on any premises, or in any
one residence located within the jurisdiction of the county. This restriction shall not apply to dogs or
cats kept pursuant to a valid pet fancier's permit, or kept on the premises of a business for the sale,
breeding, medical treatment orcaring for hire of animals which is in compliance with all applicable
permit, and other requirements of this code, or dogs and cats kept at an animal control center or
under the care and custody of the animal regulation officer.
10.08.160 Pet Dog, Pet Cat fancier's permit. A pet fancier may keep and maintain on his property not more
than six dogs over one year of age and/ or twelve cats over eight months of age, provided that the
pet fancier obtains from the animal regulation officer the appropriate pet fancier's permit and pays
the annual service charge of twenty-five dollars per permit for inspection of the premises by the
animal regulation officer.
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Clark County Animal Control
Animal Ordinance Title 10.12
Vaccination
Sections:
10.12.010 Rabies vaccination required when. 10.12.030 Rabies vaccination certificate
10.12.040 Rabies vaccination certificate form 10.12.050 Posting Requirement for rabies vaccination
and pet identification.
10.12.010 Rabies vaccination required when.
(A) Every person owning, keeping, harboring or possessing a dog or cat or ferret over the age of
three months, within the jurisdiction of the county, shall cause the dog or cat or ferret to be
vaccinated with rabies vaccine within thirty days from the date of ownership, keeping, harboring or
possessing within the county, or from the date the dog or cat or ferret attains the age of three
months, and thereafter continuously maintain rabies vaccination for the dog or cat or ferret. Said
vaccination shall be with rabies vaccine using the immunization protocol for triennial rabies vaccine
as defined by the current compendium of animal rabies control except ferrets which shall be
vaccinated annually in accordance with the manufacturers' vaccination instructions. Further
provided, vaccination shall not be required if the owner has obtained a current exemption from
vaccination permit.
(B) Any person who takes up residence within Clark County shall within 30 days provide proof of a
current rabies vaccination certificate for any dog or cat or ferret to the animal regulation officer.
(C) Any person who changes residence within Clark County and owns an a dog or cat or ferret shall
with in 30 days provide a change of address to the animal regulation officer.
10.12.030 Rabies vaccination certificate. Every veterinarian who vaccinates a dog or cat with rabies vaccine
shall issue to the person owning, keeping, harboring or possessing the animal within the jurisdiction
of the county a numbered tag of durable material and shall issue a certificate of vaccination,
substantially as reproduced in Section 10.12.040. The vaccination certificate shall be prepared in
triplicate; the veterinarian shall furnish the original to the owner of the animal, a copy to the animal
regulation officer, and shall retain a copy in his records for a period of not less than three years
10.12.040 Rabies vaccination certificate form. The certificate of vaccination shall be substantially as follows:
CERTIFICATE OF VACCINATION
Date Tag. No.
Owner
Address
County
State Zip
Type
License No.
Veterinarian's Signature
Name
Breed
Age Color
Sex Spayed Neutered
Markings
Weight
Vaccination Expires
Manufacturer Serial No.
Veterinarian's License No.
10.12.050 Posting requirement for rabies vaccination and pet identification. All facilities which administer
rabies vaccinations pursuant to Nevada Administrative Code 441A or sell pets requiring a rabies
vaccination must post in a conspicuous location a sign as directed by the animal regulation officer
notifying customers of the required rabies vaccination and pet identification provisions of this title.
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Clark County Animal Control
Animal Ordinance Title 10.16
Vicious Animals
Sections:
10.16.010 Possession or control unlawful when 10.16.040 Permitted in confinement.
1 0.16.020 Running at large. 10.16.050 Limitations on permitted keeping.
10.16.030 Permit for public exhibition 10.16.060 Vicious animal permit
10.16.010 Possession or control unlawful when: It is unlawful for any person to possess, house, shelter,
quarter, own or in any other way have under his control a vicious animal within the county, except
as provided in this chapter.
10.16.020 Running at large. It is unlawful for any person owning or responsible for the control of a vicious
animal to permit it to run at large in the county.
10.16.030 Permit for public exhibition. No vicious animal may be maintained for public display or as part of
or adjunct to any commercial establishment unless and until the owner has obtained a permit for the
public exhibition of such animal from the animal regulation officer. No such permit shall issue until
the animal regulation officer has inspected the premises and approved the precautions taken to
ensure the health and safety of the public and the prevention of cruelty to the animal, and the
applicable service charge or charges for all required inspections has been paid. The service charge
for each inspection shall be twenty-five dollars. Each location at which an animal is maintained for
public display or as part or adjunct to a commercial establishment shall be inspected annually and
after any major structural alteration of the premises.
10.16.040 Permitted in confinement. Any animal which is found to be vicious may be kept and housed within
the county; provided, that the owner has obtained a vicious animal permit from animal control, it is
confined to the private property of the owner or a person having charge of the animal, that it is kept
under the effective control of an adult, and the following conditions are met:
(A) At no time shall such animal leave the private property to which it is confined unless it is
muzzled and leashed, or caged, and under the effective control of an adult.
(B)The private property shall be adequately and properly posted with conspicuous warning signs,
with a list of names and telephone numbers of handlers of the animal, if applicable.
(C)The animal shall be kept, confined or housed within an enclosure
(D)If possession of the animal is transferred, a written report by the seller within seven days after
the sale, rental date, or date of gift shall be made by the seller, lessor or donor to the animal
regulation officer containing the name of the buyer, lessee, or donee, address of same, hours of use,
and duties of the animal by the buyer, lessee or donee.
(E) All vicious animals must have a microchip identification device implanted at the owners
expense and the identification number must be provided to animal control for verification.
10.16.050 Limitations on permitted keeping. Regardless of any other provision of this chapter, it is unlawful
for any person owning or having control of a vicious animal to permit, by any act of omission or
commission, the animal to bite, attack, or injure any person lawfully on the property to which the
animal is confined, whether the person is a guest, invitee, or licensee; provided, that the person so
bitten, attacked, or injured was not provoking or teasing such animal, or making threatening
gestures to any other person on the premises.
10.16.060 Vicious animal permit: The owner of any animal which is found to be vicious by a court of
competent jurisdiction must obtain a permit from the animal regulation officer annually. No permit
shall be issued until the animal regulation officer has inspected the location where the animal is to
be kept. The service charge for each inspection shall be one hundred dollars.
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Clark County Animal Control
Animal Ordinance Title 10.20
Animal Advisory Committee
Sections:
10.20.010
Created
10.20.050 Meetings
10.20.020
Membership
10.20.060 Duties
10.20.030
Terms of office
10.20.070 Compensation
10.20.040
Organization
10.20.010 Created. There is created and established a committee consisting of five members to be known as
the Clark County Animal Advisory Committee.
10.20.020 Membership. The members if the committee shall be appointed by the board of county
commissioners. The committee shall consist of one member from each of the following groups:
licensed veterinarians, nonprofit humane groups, nonprofit wildlife conservation groups or wildlife
regulation professionals, animal breeders or handlers, and the general public. The members of the
committee shall serve at the pleasure of the board during their respective terms of appointment.
10.20.030 Terms of office. The members of the committee first appointed by the board shall serve until the
first Monday in January, following their appointment. Thereafter, the terms of office of the
members of the committee shall be for one year, expiring the first Monday in January following
their appointment.
10.20.040 Organization. Within thirty days after their appointment, the committee shall meet and organize by
electing a chairman and a vice chairman. The county director of administrative services, or his
authorized designee, shall be the ex officio secretary of the committee. The elected officers shall
hold office for one year, with annual elections being held in January.
10.20.050 Meetings. The committee shall meet at least on a quarterly annual basis and may hold such other
meetings, as circumstances may require or render desirable for the performance of its function and
the proper discharge of its duties and responsibilities. The committee shall meet at regularly
appointed time, which meeting shall be open to the public, and shall keep a complete record of its
transactions. A majority of the members shall constitute a quorum for all purposes. Absence from
three consecutive regular meetings without formal consent from the chairman of the committee shall
be grounds for the board of county commissioners, at its discretion, to remove said member and
appoint a replacement. Minutes of regular meetings shall be filed with the county within ten days
following such meeting.
10.20.060 Duties. The Clark County animal advisory committee shall have and exercise the following duties:
(A) Act in an advisory capacity to the board of county commissioners in the review and
development of rules, regulations and ordinances for the care and control of animals in the county;
(B) Study and make recommendations regarding the acquisition and provision of services and
facilities for the care and control of animals by the county.
(C) Study and make recommendations regarding cooperation between the county, other government
entities, veterinarians, professional animal handlers, animal owners and humane groups in the care
and control of animals;
(D) Study and make recommendations regarding the preparation and compilation of data and reports
relative to animal care and control in the county.
(E) Study and make recommendations regarding the animal population and care and control of
animals in the county.
(F) Perform such additional duties involving care and control of animals as may be delegated by the
board of county commissioners.
10.20.070 Compensation. Committee members shall serve without compensation but may be entitled to the
same expenses as county employees, upon prior approval of the board of county commissioners.
MIKE
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Clark County Animal Control
Animal Ordinance Title 10.24
Impoundment
Sections:
10.24.010
Impounding dogs and cats violating regulations
10.24.070
Nonlethal means of capture
Release procedure
10.24.020
Copulating season -Confinement required-
10.24.080
Disposal of unclaimed dogs and
Impoundment_
cats.
10.24.030
Unsterilized impound Charges Release to
10.24.090
Conditions for release of impounded
owner
dog or cat._
10.24.040
Voluntary impoundment
10.24.100
Release -Vaccination and neutering
or spaying
10.24.050
Duty of officer
10.24.110
Release -Procedure
10.24.060
Right of entry
10.24.010 Impounding dogs and cats violating regulations - Release procedure. Every dog or cat
found running at large, or without a numbered vaccination tag, owner identification tag,
or microchip as required by this title, or in violation of any section of this title, shall be
subject to impoundment by the animal regulation officer at the animal control center and,
if impounded, shall be kept at the animal control center for a period of seventy-two hours.
No dog or cat so impounded shall be released except where there has been a performance
of the following conditions:
(A) If the ownership of the dog or cat is proven within that period of time and the animal
is sterilized, or the owner has obtained a current exemption from sterilization for the
animal, the owner shall be able to remove it upon the payment of an impound charge of
twenty dollars for the first confinement within five years, thirty-five dollars for the second
confinement within five years, fifty dollars for the third and any subsequent confinement
within five years the impound charge for unsterilized dogs or cats shall be as provided in
Section 10.24.030. Fifteen dollars may, at the option of the owner, be applied toward the
implant of a microchip identification device at a veterinarian of the owner's choice if the
microchipping is performed within thirty days. The county shall pay fifteen dollars to the
veterinarian upon the latter's proof of the microchipping of the dog or cat. Should the
owner opt not to have the microchipping performed, the entire impound charge shall be
retained by the county. Money set aside for microchipping animals shall be held by the
county in a trust fund and paid to the veterinarian upon the return of a properly completed
receipt, which must be received by the county within six months of issuance.
(B) Payment of a board charge of ten dollars for each twenty-four hours or portion thereof
for the maintenance of the impounded animal.
(C)The owner shall provide a current rabies vaccination tag, current owner identification
tag, or proof that the animal has been implanted with a microchip identification device.
(D)If the dog or cat or ferret is not vaccinated, the owner shall be required to pay a service
charge of ten dollars for the animal to be vaccinated at the animal control center prior to
its release, or, if the animal is younger than three months, for which the owner shall
receive a receipt to obtain vaccination of the dog or cat or ferret at the office of a
veterinarian in the county to be accomplished within thirty days from the date the dog or
cat attains the age of three months.
10.24.020 Copulating season -Confinement- required Impoundment. It is unlawful for the owner of
any female dog or cat to suffer, permit, or allow their dog or cat to run at large while the
dog or cat is in its copulating season, and the owner of such female dog or cat shall keep
the same secured upon his premises or in a boarding kennel so that other dogs or cats
shall not have access thereto. Every female dog or cat which is not kept in conformance
with this section shall be immediately seized and impounded in the animal control center
and held subject to the provisions of this chapter.
10.24.030 Unsterilized impound - Charges - Release to owner.
(A) The charge for impounding an unsterilized dog or cat shall be fifty dollars, plus a
board charge of ten dollars per day or portion thereof, thirty-five dollars of which may, at
the option of the owner, be applied toward the sterilization of the dog or cat at a
veterinarian of the owner's choice if the sterilization is performed within thirty days. The
county shall pay thirty-five dollars to the veterinarian upon the latter's proof of the
sterilization of the dog or cat if the sterilization is performed within thirty days. Should
the owner opt not to have the sterilization performed, the entire thirty five dollar charge
shall be retained by the county. Fifteen dollars may at the option of the owner, be applied
toward the implant of a microchip identification device at a veterinarian of the owner's
choice if the microchipping is performed within thirty days. The county shall pay fifteen
dollars to the veterinarian upon the latter's proof of the microchipping of the dog or cat.
Should the owner opt not to have the microchipping performed, this portion of the
impound charge shall be retained by the county. Money set aside for the microchipping
and sterilization of animals shall be held by the county in a trust fund and paid to the
veterinarian upon the return of a properly completed receipts, must be received by the
county within six months of issuance.
(B) If an unsterilized dog or cat running at large is captured by the animal regulation
officer for the second time within a five-year period of the first capture, then an impound
charge of sixty five dollars plus aboard charge of ten dollars per day or portion thereof
shall be charged by the county with the same option of sterilization to the owner of the
dog or cat as on the first capture.
(C) All subsequent captures of an unsterilized dog or cat within a five-year period of the
first capture shall result in an impound charge of eighty dollars plus aboard charge of ten
dollars per day or portion thereof to be charged by the county with the same option to the
owner of the dog or cat as on the first capture.
(D) The impound fees for unsterilized animal outlined in this section shall not apply to
animals for which a current exemption from sterilization has been issued. Impound fees
for these animals are provided in 10.24.010.
10.24.040 Voluntary impoundment.
(A) Except as provided in subsections (B) and (C) of this section, any animal brought to
the animal control center by any person purporting to be the owner thereof, to be
impounded or destroyed, shall be kept by the animal control center for a period not less
than twenty-four hours after impoundment and before disposition; effective July 1, 1987,
the person purporting to be the owner of the animal shall pay a service charge of ten
dollars upon the delivery of the animal to the animal control center.
(B) Any sick or injured animal impounded may be destroyed at any time after
impoundment, if, in the professional judgment and certification of a veterinarian,
inhumane suffering may be prevented thereby.
(C) Litters of animals up to three months of age and the nursing mothers thereof brought
to the animal shelter by the owner to be impounded or destroyed may be made available
for release to the public immediately upon impoundment.
10.24.050 Duty of officer. The animal regulation officer shall capture and impound any dog or cat
found running at large within the county.
10.24.060 Right of entry. The animal regulation officer and any police officer in the county while on
duty, for just cause, shall have the right to enter upon private property or public property
in the county in order to examine or capture any animal thereon or therein; provided,
however, that no such officer or employee, shall have the right to enter a house or
structure which is in use as a residence without having first secured a search warrant
therefor
10.24.070 Nonlethal means of capture. The animal regulation officer and any police officer in the
county while on duty shall have the authority to utilize animal capture equipment or any
other form of nonlethal device or substance in order to apprehend, capture, control, or
subdue any animal either running at large or which poses a physical threat to persons or
property in the immediate area. This section shall not be construed to limit the use of
firearms, other lethal devices or substances, or nonlethal devices or substances by a police
officer or the animal regulation officer in order to apprehend, capture, control, subdue or
field euthanize any animal running at large which threatens bodily injury to persons or
damage to property in the immediate area.
10.24.080 Disposal of unclaimed dogs and cats.
(A) Any dog or cat impounded, as provided in this title, shall be kept seventy-two hours
and if unclaimed by owner within seventy-two hours, such dog or cat may be released to
any person who shall pay an adoption charge of five dollars, and pay the applicable
service charges for vaccination, spaying or neutering set forth in Section 10.24.100. If the
ownership of a dog or cat is not proven and if such dog or cat is not released as set forth
herein, such dog or cat may be destroyed in a humane manner.
(B) If within, fifteen days of the date of release of an unclaimed dog or cat pursuant to this
section, the owner returns the animal to the animal control center or presents proof that he
is unable to return the animal because it has died as a result of illness, the charges paid by
the owner for adoption and unperformed vaccination, spaying or neutering of the animal
may be applied toward the charges required for the release of another unclaimed dog or
cat. Alternatively, the charges for adoption and unperformed vaccination, spaying or
neutering may be reimbursed to the owner. All original receipts issued to the owner for
vaccination, spaying or neutering of the returned or deceased animal shall be surrendered
by the owner prior to charges being reimbursed or applied toward the release of another
animal.
(C) Any animal impounded as provided in this title which has bitten a human being shall
not be made available for adoption.
(D) The Clark County Animal Shelter or their designated contractor shall not knowingly
release any animal to any person who intends to use the animal for experimental,
laboratory, or vivisection purposes.
10.24.090 Conditions for release of impounded dog or cat. No dog or cat so impounded shall be
released to any person except where there has been a performance of the following
conditions:
(A) Payment of charges and fees: There has been paid to the animal regulation officer all
impound, board, adoption, vaccination, spay and neuter, and other charges and fees
required by this title.
(B)Proof of vaccination: Proof has been shown to the satisfaction of the animal regulation
officer that such dog or cat or ferret has been vaccinated with rabies vaccine within the
time periods according to the other requirements as prescribed in this title, or a receipt
was obtained for the cost of vaccination.
(C)Inspection for rabies: The animal regulation officer has determined that such dog or
cat or ferret does not have or is not reasonably suspected of having rabies.
(D)Release of dog or cat or ferret: After the dog or cat or ferret has been vaccinated, or the
fee for vaccination has been paid, and if all the conditions of this chapter have been
satisfied, the animal regulation officer shall release such dog or cat or ferret to the person
keeping, harboring or having such dog or cat or to the person making application for the
release of such dog or cat or ferret.
(E)Suspicions of rabies and release: If the animal regulation officer suspects that any dog
or cat or ferret so impounded has rabies he shall hold such dog or cat or ferret for
inspection by a veterinarian. In the event that such veterinarian shall determine that such
dog or cat or ferret is afflicted with rabies, it shall be disposed of or confined for such
time as the health officer shall direct. Whenever the veterinarian shall determine that such
dog or cat or ferret does not have rabies, it shall be released in accordance with the
provisions of this chapter.
10.24.100 Release - Vaccination and neutering or spaying. Before the release of any dog or cat or
ferret, by way of adoption, service charges shall be paid to vaccinate the animal against
rabies and to spay or neuter the animal. The service charge shall be eight dollars to
vaccinate any dog or cat or ferret, forty dollars to spay a female dog, thirty dollars to spay
a female cat, twenty dollars to neuter a male dog, and ten dollars to neuter a male cat.
Adopted animals shall be vaccinated prior to their release, unless the animal is younger
than three months of age, in which case the person to whom the animal is released shall
receive a receipt to have the animal vaccinated at the office of a veterinarian in the
county. Adopted animals shall be spayed or neutered prior to their release, unless the
animal is younger than eight weeks of age, in which case the person to whom the animal
is released shall receive a receipt to have the animal spayed or neutered at the office of a
veterinarian in the county. No such charge shall be required by the animal regulation
officer for the release of any dog or cat to its owner, if such ownership prior to capture
and impounding is proven. Money paid for animals which are too young to be vaccinated,
spayed or neutered shall be held by the county in a trust fund and paid to the veterinarian
upon the return of a properly completed receipt, which must be received by the county
within six months of issuance. Unused money remaining in the trust fund more than six
months after payment will revert to the county. This section shall not be construed to limit
the release of animals sterilized and or microchipped by the veterinarian providing
sheltering services to the county and performing the sterilizations and or microchipping
free of charge to the public. In these cases, the citizens adopting the animal shall not be
charged for sterilization and or microchipping of a dog or cat adopted under this program.
10.24.110 Release - Procedure. After the animal has been vaccinated, or the charge for vaccination
has been paid, and if all the conditions of this title have been satisfied, the animal
regulation officer shall release such dog or cat to the owner, or to the person making
application for the release of such animal as herein provided.
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE,
PART II, CHAPTER 7, REGARDING ANIMALS AND FOWL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CHATTANOOGA, TENNESSEE:
SECTION 1. That Chattanooga City Code, Part II, Chapter 7 be and the same is
hereby amended by deleting said chapter in its entirety and substituting in lieu thereof the
following:
Chapter 7
ANIMALS AND FOWL
ARTICLE I. ANIMAL SERVICES DIVISION
Sec. 7-1. Division of Animal Services created; duties.
(a) The Division of Animal Services is hereby created in the Police Department.
(b) The duties of the Animal Services Division shall include the following:
(1) To provide essential animal services to the residents of Chattanooga
through the enforcement of animal -related codes as stated in the
Tennessee Code and City Code;
(2) To license animals;
(3) To provide animal safety and educational programs;
(4) To attempt to resolve animal -related problems by education or advice;
(5) To provide emergency and rescue services for animals;
(6) To cooperate with the county health director and assist in the enforcement
of the laws of the City and state with regard to animals and especially with
regard to the vaccination of dogs and cats against rabies and the
confinement or leashing of vicious animals;
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(7) To investigate cruelty to or abuse of dogs, cats and other animals; and
(8) To maintain an animal shelter in accordance with the provisions of this
chapter and the policies of the Animal Services Division either through
contractual agreement or by direct supervision that will include, but not be
limited to, sheltering of animals impounded under this Chapter, licensing
of animals, quarantine of rabies -suspect animals and disposition of
impounded animals by adoption, redemption or humane euthanasia.
Sec. 7-2. Powers of Animal Services Officers.
Officers of the Animal Services Division shall have power and duty to protect the
animals taken into custody, whether in transit or at the Animal Shelter. Any Animal Services
officer or police officer shall have the authority and duty to rescue any animal that appears to be
suffering from a serious medical emergency and/or appears to be unable to physically remove
itself from a situation that restricts its movement or interferes with the lawful right of citizens.
The rescued animal shall be provided with immediate veterinary care if the officer deems such
care to be necessary to prevent physical pain, suffering, disability or death of the animal. The
animal's owner shall be responsible for all expenses incurred for the rescue and subsequent
treatment of the animal.
Sec. 7-3. Seizure of at -large dogs upon return to property.
An Animal Services officer or law enforcement officer may, upon viewing a dog at large
and upon the dog's return to its legal property, impound such dog off its property for safe
keeping if, in the opinion of the officer, (1) there is no way to ensure the dog's confinement to
the property if the officer would leave it there to await the owner's return or 2) it could present a
danger to the public, traffic or other animals if left until the owner returns. The impoundment fee
shall be waived on the first such impound if the owner redeems within three (3) days. At the time
of the impoundment, a notice of impound shall be posted in a place that would be visible from
the public right-of-way or the front door or entrance, and it shall state the procedure to redeem
such animal. This section does not authorize the entry into any building on the property nor the
removal, without a search warrant or owner's written permission, of any animal from any
building on the property.
Sec. 7-4. Interference with enforcement of chapter.
It shall be unlawful for any person to interfere with, hinder or molest officers of the
Animal Services Division, law enforcement officers, or veterinarians in the performance of any
duty authorized by this Chapter or to seek to release any animal in the custody of the Division or
Animal Shelter except as otherwise specifically provided herein.
Sec. 7-5. Care of impounded animals.
The Animal Shelter shall take proper care at all times of all animals held in custody and
shall provide such animals with adequate food, drink and shelter.
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Sec. 7-6. Redemption by owner.
The owner of any animal confined in the Animal Shelter may, before the expiration of the
legal holding period, redeem the same upon payment of the assessed fees and production of
proof of ownership satisfactory to the Animal Shelter of his or her ownership of the animal.
Sec. 7-7. Disposition of fees and proceeds of sales collected by Animal Services
Division.
All fees and proceeds of sale of animals shall be collected by the Animal Services
Division and remitted to the City Treasurer unless otherwise provided by contract approved in
advance by the City Council.
Sec. 7-8. Animal Service Officers.
Upon written request by the Chief of Police, the City Council may issue unto the officers
named in such request commissions as special police officers of the City. The holders of such
commissions shall have, possess and exercise every power granted by such commissions but
such special policemen shall not be regular police officers of the City nor shall they be entitled to
any benefits afforded regular police officers of the City.
Sec. 7-9. Enforcement of article; obstructing enforcement.
The Animal Services Division shall enforce the provisions of this Chapter and shall have
the powers to issue citations for violations thereof. It shall be unlawful for any person to hinder,
molest or interfere with Animal Services personnel in the performance of their duties hereunder.
Sec. 7-10. Setting humane animal traps and authority to receive trapped animals.
The Animal Services Division is authorized to place, upon request, live -capture animal
traps on private property with the permission of the owner or public property to trap and remove
stray, at large, abandoned, or nuisance animals. It is unlawful for any person other than an
Animal Services officer or the officer's designee to remove any animal from the trap or to
damage, destroy, move or tamper with the trap. The Animal Services Division, and/or Animal
Shelter, is authorized to receive and impound animals that are trapped by other agencies or
persons.
Sec. 7-11. Duty to report shows and entertainment involving live animals to Animal
Services Division; presence of Animal Services Officer at shows involving
animals; penalty for violation.
(a) The owner of any auditorium, theater or other facility open to the public in which
any person or other entity intends to have a show or other entertainment involving live animals
shall notify in writing the Animal Services Division of the City of Chattanooga, Tennessee of
such intent not less than thirty (30) calendar days in advance of such show or entertainment. An
administrative fee of one hundred dollars ($100) per show shall be payable to Chattanooga
Animal Services and accompanying the required form of notification.
(b) No owner of any auditorium, theater or other facility open to the public in which
any person or other entity intends to have a show or other entertainment involving live animals
shall permit or allow any such show or entertainment in the absence of an officer or employee of
the Animal Services Division of the City of Chattanooga, Tennessee, except as provided in
subsection (c) below.
(c) The Animal Services Division of the City of Chattanooga, Tennessee, upon
receiving such notice, shall have one (1) or more of its officers or employees present at the
arrival, departure and/or presentation of such show or other entertainment in order to ensure
compliance with the provisions of this Chapter, provided that the Animal Services Division may,
in its discretion, elect not to attend such show or entertainment and shall notify the owner or
representative who has provided the aforesaid notification of such election in writing, and in
such event no such owner shall be deemed to have violated the provisions of this section.
(d) This section does not apply to dog shows, cat shows or other similar events
involving animals being judge or exhibited.
Secs. 7-12 — 7-14. Reserved.
ARTICLE H. IN GENERAL; IMPOUNDING
Sec. 7-15. Dogs running at large; animals in parks and recreation areas.
(a) It shall be unlawful for any person to allow any unrestrained dog belonging to him
or under his control or habitually found on premises occupied by him or immediately under his
control to go unrestrained upon the premises of another without permission of the property
owner or other person in control of the property or upon any public street or sidewalk or other
public property in the City. Any dog found running at large in violation of this section and any
dog required to be licensed found at large unlicensed is declared to be a nuisance and liable to
seizure and disposal as provided in this Chapter.
(b) Estrous period. It shall be unlawful for any person owning or having possession
charge, custody or control of a female dog or female cat to allow that animal to be at large during
its estrous period. During this period, the owner or person having possession of the animal must
restrain the animal in a secure enclosure in such a manner that will prevent the animal from
coming in contact with a male of its species. This section shall not be construed to prohibit the
intentional breeding of animals on the premises of the owners or keepers of the animals involved.
(c) It shall be unlawful for any person to permit his or her animal, or an animal in
such person's care, in any public park or recreation area, including pedestrian walkways and
bridges, if there is posted in such park or recreation area a sign prohibiting such animals. Any
animal found in a park or recreation area in violation of this section is declared to be a nuisance
and liable to seizure and disposal as provided in this Chapter.
Sec. 7-16. Animal creating nuisance; prohibited.
It shall be unlawful for any owner or custodian to permit his or her animal, or an animal
in his or her care, to create a public nuisance. In such cases, and only in such cases, the owner or
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custodian must keep the animal that has been determined by the Animal Services Division to be
creating a public nuisance on his or her own property at all times unless the animal is under
physical restraint. If the Animal Services Division director declares an animal to be a public
nuisance under this section, then the director has the authority to instruct the animal's owner or
custodian in writing to abate the nuisance and/or to confine the animal in a secure enclosure
when the animal is on the owner's or custodian's property and to restrain the animal by means of
a leash, chain or other like device when the animal is off the owner's or custodian's property. It
shall be unlawful for the animal's owner or custodian to fail to comply with the Animal Services
Division manager's instruction.
Sec. 7-17. Keeping stray animals; failure to surrender stray animal.
It shall be unlawful for any person in the City to knowingly and intentionally harbor or
keep in possession by confinement or otherwise any animal which does not belong to such
person without permission of the owner unless such person has, within twenty-four (24) hours
from the time such animal came into his or her possession, notified the Animal Services Division
or Animal Shelter. Upon receiving such notice, an animal services officer shall take such animal
and place it in the Animal Shelter or allow temporary custody not to exceed ten (10) days, during
which time a notice containing a description of this animal, the date and place where the animal
was found, and the name, address and telephone number of the temporary custodian shall be
posted at the Animal Shelter. If such animal is not reclaimed during said ten (10) days, the
custodian of the stray animal will relinquish the animal to the Animal Services Division or
assume ownership, provided the custodian agrees to spay or neuter said animal and complies
with licensing and vaccination requirements within fifteen (15) business days from the time the
Animal Services Division receives first notification. The expense of license fee and rabies
vaccination must be assumed by the owner if the animal is reclaimed prior to the end of the 10
days. No person harboring such an animal shall refuse to surrender such animal to its legal
owner prior to the expiration of said ten (10) days.
Sec. 7-18. Impounding, destruction of violating animals authorized.
(a) The Animal Services Division shall take up and impound any animal found
running at large and/or in violation of this Chapter.
(b) If, in the attempt to seize an animal, it becomes impossible to do so with the
hands, any Animal Services or police officer, being convinced that seizure of the animal is
necessary to public welfare by reason of its viciousness or infection with rabies, may, at his or
her discretion, tranquilize the animal or a police officer may dispose of the animal by shooting it.
(c) If any animal so impounded is found to be sick, injured or vicious, the animal
may be immediately destroyed in a humane manner as provided in Section 7-28.
Sec. 7-19. Care while in custody.
The Animal Shelter shall provide clean, comfortable and sanitary quarters for all dogs
and cats, keeping males and females and vicious dogs in separate kennels or cages and shall
provide a liberal allowance of wholesome food and fresh, clean water and clean bedding.
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Sec. 7-20. Owner of registered dog or cat to be notified of impounding.
Immediately upon impounding an animal, the Animal Services Division or its designee
shall give notice by postcard or letter sent by United States mail to the address of the owner, if
known, within two (2) business days after the seizure of such animal. The letter or postcard shall
inform such owner of the conditions whereby the animal may be redeemed. This section shall
not apply to owner -surrendered, abandoned or quarantined animals or wildlife.
Sec. 7-21. Redemption of impounded animals by owner; fees.
(a) The owner of a licensed dog, licensed cat or small household pet may claim and
redeem such animal by paying the Animal Shelter a fee of ten dollars ($10.00) and board for
each day after the first forty-eight (48) hours of detention at the rate of five dollars ($5.00) per
day. The owner of an unlicensed dog or unlicensed cat may claim and redeem it upon payment of
the license fee required by this Chapter and a fee of twenty dollars ($20.00) and board for each
day such dog or cat has been kept at the Animal Shelter at the rate of five dollars ($5.00) per day;
provided, however, that, upon a second offense, for a licensed or unlicensed dog or cat, the
above fee shall be fifty dollars ($50.00) and upon third and subsequent offenses shall be one
hundred dollars ($100.00) in addition to the board of five dollars ($5.00) per day as set out
above. All veterinarian costs and/or other costs incurred as a result of the impound shall be the
responsibility of the owner and subject to payment in full prior to the release of the animal.
(b) The owner of livestock may claim and redeem such animal by paying the Animal
Shelter an impound fee of twenty-five dollars ($25.00) and board for each day after the first
forty-eight (48) hours of detention at the rate of ten dollars ($10.00) per day plus the cost of any
transportation of the animal to the Shelter. Such costs as well as all veterinarian costs and/or
other costs incurred as a result of the impound shall be the responsibility of the owner and
subject to payment in full prior to the release of the animal.
Sec. 7-22. Disposition of unclaimed dogs or cats.
Any currently licensed dog or cat impounded shall be kept for a period of ten (10) days
after notice is mailed to the owner, and if not redeemed within such period may be humanely
destroyed or otherwise disposed of. Any unlicensed dog or cat impounded shall be kept for five
(5) business days and if not claimed or redeemed shall be humanely destroyed or otherwise
disposed of
Sec. 7-23. Detention when rabies suspected.
Every animal determined by the Health Director to pose a risk of rabies and every animal
that has bitten a human and/or been exposed to rabies or is suspected of having rabies shall be, at
the direction of the Director of Health, quarantined for a minimum period of ten (10) days at the
owner's home or at the Animal Shelter or, at the option of the owner of such animal, shall be
detained in a reputable veterinary hospital on condition that such owner shall make arrangements
with such veterinary hospital and shall be liable for the payment of the charges while such dog or
cat is confined therein. During such confinement the dog or cat shall be under the observation
and supervision of the director of health or his designee, and it shall be released or, if the animal
is determined by a veterinarian or the director of health or his designee to have rabies, humanely
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destroyed by the Animal Shelter after the termination of the observation period according to
instructions from the director of health. The director of health may order the Animal Shelter to
destroy such dog or cat at any time during the period of observation if evidence is such as to
convince the director that the dog or cat has rabies. The owner of such dog or cat shall be liable
for board fees in the amount of ten dollars ($10.00) per day if such dog or cat is confined at the
Animal Shelter.
Sec. 7-24. Procedure with respect to redemption or adoption of animals.
(a) No person shall adopt a dog or cat from an agency, including but not limited to an
animal shelter, dog pound, animal control agency, humane shelter or private organization
operating a shelter from which animals are adopted or reclaimed, unless:
(1) the dog or cat has first been spayed or neutered; or
(2) the new owner signs a written agreement with the agency stating that he or she
will have the animal spayed/neutered within thirty (30) days after adoption of
such animal if the animal is at least six (6) months of age or to be done by the age
of six (6) months.
The agency shall have the authority to require deposits from the new owner in order to ensure
that the animal is spayed or neutered. The deposit shall not be less than twenty-five dollars
($25.00). Any deposits unclaimed after a period of six (6) months from the date due for surgery
and in which time reasonable efforts have been made to ensure compliance, shall be deemed to
be forfeited and shall only be used for the altering of animals. The provisions of this subsection
shall not apply to persons selling or giving away animals from a residence, business or retail
facility.
(b) All dogs and cats adopted from the Animal Shelter shall be vaccinated against
rabies prior to adoption, provided that if the dog or cat is less than three months old a deposit of
not less than twenty-five dollars ($25.00) shall be collected from the person adopting the animal,
which shall be refunded upon presentation of proof of rabies vaccination within fifteen (15) days
of the animal reaching three months of age. In the alternative, a person adopting a dog or cat
may prepay the cost of such vaccination at the Animal Shelter; such person must obtain the
vaccination within fifteen (15) days of the adoption of such dog or cat if the animal is over three
months of age or within fifteen (15) days of the dog or cat reaching three (3) months of age.
(c) Except for dogs and cats for which the owner can provide proof of vaccination, all
dogs and cats redeemed from the Animal Shelter shall be vaccinated against rabies prior to
redemption, provided that if the dog or cat is less than three months old a deposit of not less than
twenty-five dollars ($25.00) shall be collected from the person redeeming the animal, which
shall be refunded upon presentation of proof of rabies vaccination within fifteen (15) days of the
animal reaching three months of age. In the alternative, a person redeeming a dog or cat may be
offered the option to prepay the cost of such vaccination at the Animal Shelter; such person must
obtain the vaccination within fifteen (15) days of the redemption of such dog or cat if the animal
is over three months of age or within fifteen (15) days of the dog or cat reaching three (3) months
of age.
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Sec. 7-25. Immediate placement for adoption or destruction of animal surrendered by
owner.
An animal surrendered by its owner to the Animal Services Division or Animal Shelter
may be immediately placed for adoption or humanely destroyed in the discretion of the Animal
Services Division director or the director's designee when the owner:
(i) Affirmatively represents by affidavit that he or she is in fact the legal owner of
said animal;
(ii) Agrees to hold the City, Animal Shelter and its officials and employees harmless
from any liability, claims, or damages that may be sustained by reason of the
adoption or destruction of said animal; and
(iii) Transfers ownership of said animal to the City.
Sec. 7-26. Notice of seizure of animal.
Excluding owner -surrendered animals, if the Animal Services Division takes custody of a
domestic animal pursuant to this Chapter, the Division or its designee shall give notice of such
seizure by posting a copy of it at the property location at which the animal was seized or and at
the property at which an Animal Services officer reasonably believes the animal may reside or
by delivering it to a person residing on such properties within two (2) business days of the time
the animal was seized.
Sec. 7-27. General duties of keepers of animals.
(a) Unlawful conduct. It shall be unlawful for any person to neglect an animal as
neglect is defined in this Chapter.
(b) Breeding and reproduction of diseased animals prohibited. A person owning or
having possession, charge, custody or control of an animal shall not breed, sell, give away or
allow to reproduce an animal with a disease contagious to other animals or human beings.
(c) Abandonment. It shall be unlawful for any person owning or having possession,
charge, custody or control of an animal to abandon that animal on a street, road, highway, public
place, animal shelter or private property.
(d) Public Nuisance. It shall be unlawful for any person to allow any animal under
his or her care or control to become a public nuisance as defined in this Chapter.
Sec. 7-28. Destruction of dangerous, diseased or injured animals.
(a) It shall be the duty of the Animal Services Manager or executive director of the
Animal Shelter to order the humane destruction of any animal lawfully taken into the custody of
the Animal Services Division if a veterinarian, duly and currently licensed in the State of
Tennessee, deems it more humane to euthanize such animal than hold it for the required holding
period due to sickness, disease, injury or danger to the safety of the community. If the animal to
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be euthanized under this section is wearing an identification, rabies or license tag, the owner
shall be notified before the animal is euthanized unless the animal is in critical condition and the
owner cannot be reached within a reasonable period of time in which event a veterinarian may
authorize euthanasia of the animal for humane reasons.
(b) The executive director of Humane Educational Society or Manager of Animal
Services Division may issue either a verbal authorization followed by written confirmation or
written authorization for such humane destruction.
7-29 — 7-30. Reserved.
ARTICLE III. LICENSING OF DOGS AND CATS
Sec. 7-31. City License required; exception.
(a) The owner of every dog and cat over the age of three (3) months in the City shall
obtain a license for such dog or cat from the Animal Services Division or Animal Shelter. The
license or renewal thereof shall state the sex, breed, age, color and name of the dog or cat,
together with its markings, if any, the name and address of the owner and the date of registration.
Such registration license may be effective for one (1) or three (3) years from the date of issuance.
Owners of dogs or cats who have failed to obtain a license for their animals and owners of dogs
or cats who have failed to renew the license of their animals within thirty (30) days of the
expiration of any prior license shall be deemed delinquent and shall effective January 1. 2001, be
subject to an additional late fee of ten dollars ($10.00) per dog or cat in addition to the regular
license fee and in addition to any fines imposed upon such owners by a court of competent
jurisdiction.
(b) The provisions of this section shall not apply to nonresidents of the City who are
traveling through the City or temporarily sojourning therein for a period of less than thirty (30)
days, nor to persons bringing dogs or cats into the City exclusively for show or exhibition
purposes.
Sec. 7-32. License tag.
The Animal Shelter shall issue a metal license tag for each dog or cat registered as
provided herein, marked "Registered, [date], Chattanooga, No. ---." Such tag shall be fastened to
the dog's or cat's collar and worn by the dog or cat at all times. It shall be unlawful for any
person to use a tag on a dog or cat for which such tag was not issued.
Sec. 7-33. License fees.
The annual license fee for dogs and/or cats shall be five dollars ($5.00) each; provided,
that a surcharge of an additional five dollars ($5.00) shall be levied against all dogs and cats
which are not neutered. The license can be issued for one (1) year or three (3) years as long as it
runs concurrent with a legal rabies vaccination. Licenses for animals owned by senior citizens
over age sixty-five (65) that are neutered or for animals unable to reproduce (as certified by a
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licensed veterinarian) shall be free as long as current on rabies vaccinations. The Animal Shelter
is authorized to charge a fee of three dollars ($3.00) for each lost tag replaced.
Sec. 7-34. Use of license fees and taxes.
(a) The licenses and taxes collected pursuant to this Article shall be used by the City
Animal Services Division or its designated agent for the purposes set forth in this Chapter or
otherwise provided by contract.
(b) The surcharge for unneutered dogs and cats shall be used exclusively in the spay
and neuter program of the Animal Services Division and/or its designated agent.
Sec. 7-35. Inoculation required.
(a) Any person who owns keeps or harbors a dog or cat within the City shall have
such dog or cat properly inoculated or immunized against rabies. Any person who obtains an
uninoculated dog or cat shall at once have such dog or cat properly inoculated against rabies and
have the first time inoculation repeated one (1) year thereafter; thereafter the duration of the
rabies vaccination cannot exceed three (3) years and must be in accordance with manufacturer's
recommendation provided that, dogs and cats need not be inoculated before reaching the age of
three (3) months.
(b) No person shall bring a dog or cat into the City for sale, exchange, offer for
adoption, or giving away from another state unless such dog or cat, being at least 3 months of
age, has been inoculated by a veterinarian of the state in which the owner, caretaker or
responsible person lives and the owner, caretaker or responsible person of such dog or cat has in
his/her possession a certificate of the vaccination or inoculation.
Sec. 7-36. Inoculation prerequisite to license.
No dog or cat license required by this Article shall be issued for any dog or cat unless the
owner thereof furnishes a valid certificate that such dog or cat has been inoculated or immunized
against rabies as provided in Sec. 7-35.
Sec. 7-37. Inoculation records required; tags.
Any veterinarian who inoculates or reinoculates a dog or cat against rabies shall keep a
record of such inoculation or reinoculation and shall provide the owner of the dog or cat with an
approved tag, which shall have thereon, indelible or engraved, the year of inoculation and a
number which shall correspond with the number on the record kept by the person inoculating or
reinoculating such dog or cat. Such tag shall be securely fastened to the collar worn by the dog
or cat.
Secs. 7-38 — 740. Reserved.
Sec. 7-41. Definitions.
ARTICLE IV. CRUELTY
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For the purposes of this Chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Animal: Every living creature except human beings.
Abandon: To forsake, desert or give up an animal previously under the custody or possession of
a person without having secured another owner or custodian or by failing to make reasonable
arrangements for adequate care for a period of twenty-four (24) or more consecutive hours.
Animal Shelter: Any premises designated by the City for the purpose of impounding and caring
for all animals found running at large or otherwise subject to impounding in accordance with the
provisions of this Chapter.
At large: An animal is deemed to be at large when it is off its owner's property and not under the
restraint of a competent person.
Attack: An animal, not adequately restrained on or off its owner's property, that approaches a
person or animal in a vicious, terrorizing, or threatening manner or apparent attitude of
aggression, without the animal having been molested, cruelly beaten, tortured, provoked or
otherwise harmed.
Dangerous animal: Any animal that, without having been molested, cruelly beaten, tortured,
provoked or otherwise harmed, whose aggressive behavior constitutes a foreseeable risk of
injuring a human or animal or damaging personal or real property. Such behavior includes, but
is not limited to, an animal biting or attempting to attack a human or another animal.
Domestic Animal: Any animal that is legal to possess and is commonly kept as a pet in or around
a residence, outbuildings or business.
Impoundment: The placement of an animal in the custody of the City of Chattanooga Animal
Services Division or person or entity duly authorized by ordinance of the City or by state law for
such purpose.
Mischievous animal: Any animal that causes a public nuisance.
Neglect:
(1) Failing to provide an animal with adequate food or drinkable water at suitable intervals
sufficient to maintain the animal's health and well-being;
(2) Failing to provide adequate medical attention for any sick, diseased, or injured animal in
order to prevent physical pain, suffering, disability or death to the animal;
(3) Keeping any animal under conditions which increase the probability of the transmission
of disease; or
(4) Failing to provide an adequate shelter for an animal wherein the animal can be protected
from extremes of weather (heat, cold, rain, sun, etc.), physical suffering, or impairment of
health, and which is larger enough to allow the animal to make normal body movements.
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Owner: Any person, organization, group of persons, or association that has a property right in an
animal, keeps or harbors an animal, has an animal in his or her care or acts as a custodian of an
animal for ten (10) or more consecutive days, except for a temporary caretaker acting on behalf
of the animal's owner, and excluding the City, Animal Shelter and every non-profit animal
welfare agency that operates an animal sheltering facility and/or is a legally recognized rescue
group temporarily housing animals for placement in a new home for a period of time not to
exceed 90 days.
Proof of ownership: Documentation in support of a property right in an animal that includes, but
is not limited to, veterinary records, rabies vaccination certificates, licenses, photographs, bills of
sale, breed registries, written transfers of ownership, and verbal or written third -party
verifications.
Provoke: Any action designed to goad, inflame, instigate or stimulate an aggressive or defensive
response on the part of an animal, but not including any actions on the part of an individual that
pertain to reasonable efforts of self-defense against a dangerous animal.
Public nuisance: An animal or group of animals may be considered to be a public nuisance if, by
way of example and not of limitation, it habitually:
(1) damages, soils or defiles community or neighborhood private property or public property;
(2) interferes with the ordinary use and enjoyment of a person's property;
(3) turns over garbage containers or damages flower or vegetable gardens;
(4) causes unsanitary or offensive conditions; or
(5) impedes the safety of pedestrians, bicyclists, or motorists.
Restraint: A dog is under restraint within the meaning of this Chapter if it is (i) controlled by a
competent person by means of a chain, leash, or other like device not to exceed six feet (6') in
length, (ii) secured within or upon a vehicle being driven or parked, or (iii) kept within a secure
enclosure. Legally restrained in or upon a vehicle is restraint or confinement preventing
accidental fall from the vehicle which would allow the animal to be dragged or to be hanged
before reaching the ground.
Stray: Any animal which is running at large; appears to be lost, unwanted, or abandoned; or
whose owner is unknown or not readily available.
Torture, torment or cruelty: Every act, omission or neglect whereby unjustifiable physical pain,
suffering or death is caused or permitted.
Sec. 742. Cruel, inhumane acts generally.
It shall be unlawful for any person in the City to overdrive, overload, torture, torment,
deprive of necessary sustenance, cruelly beat, or needlessly mutilate or kill, or cause or procure
to be overdriven, overloaded, tortured, tormented or deprived of necessary sustenance, or cruelly
beaten or needlessly mutilated or killed any animal, or to use any animal when unfit for labor. It
shall be unlawful for any person in the City to fail to provide an animal owned by such person
with adequate shelter necessary to protect such animal from inclimate or severe weather.
Nothing in this section shall prohibit the purchase of animals by humane societies incorporated
under the laws of the state.
-12-
Sec. 7-43. Willful acts.
It shall be unlawful for any person in the City willfully to promote, encourage, engage in
or do any act toward the furtherance of any act of cruelty to any animal.
Sec. 744. Failure to feed and water impounded animals.
It shall be unlawful for any person who impounds or causes to be impounded any animal
in any shelter or other place in the City to fail to supply to such animal during such confinement
a sufficient quantity of good and wholesome food and water. If any animal is at any time
impounded as provided herein, and continues to be without necessary food and water for more
than twelve (12) successive hours, it shall be lawful for any person, from time to time, and as
often as it shall be necessary, to enter into and upon the premises where such animal is confined,
and to supply it with necessary food and water so long as it remains so confined, and such person
shall not be liable to any action for such entry.
Sec. 745. Transporting in inhumane manner.
It shall be unlawful for any person in the City to carry or cause to be carried in or upon
any vehicle or other conveyance any animal in a cruel or inhumane manner or to leave an animal
in a vehicle in a manner so as to subject such animal to excessive heat.
Sec. 7-46. Authority to prevent acts of cruelty; unlawful interference.
Any Animal Services Officer or police officer may lawfully interfere to prevent the
perpetration of any act of cruelty upon any animal in his or her presence, and it shall be unlawful
for any person to interfere with or obstruct any such officer, agent or member in the discharge of
such duty.
Sec. 747. Sale, barter or giving away of baby chickens, ducklings, other fowl or baby
rabbits.
It shall be unlawful for any person, firm or corporation to sell, offer for sale, barter or
give away baby chickens, ducklings, or other fowl under three (3) weeks of age, or rabbits under
two (2) months of age, as pets, toys, premiums or novelties or to color, dye, stain or otherwise
change the natural color of baby chickens, ducklings, fowl or rabbits, or to bring or transport the
same into the City, provided that, this shall not be construed to prohibit the sale or display of
such baby chickens, ducklings, fowl or such rabbits, in proper facilities by breeders or stores
engaged in the business of selling for the purpose of commercial breeding or raising.
Secs. 7-48 — 7-50. Reserved.
ARTICLE V. DEAD ANIMALS
Sec. 7-51. Disposition of large animals in City prohibited; exception.
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It shall be unlawful for any person to bury any large dead animal in the City or within one
(1) mile of the corporate limits or to deposit the same upon the surface of the ground or throw it
into any river, creek or other stream or any well, cistern, cellar or other excavation or to hide it in
any culvert or other place or in any way to leave or dispose of it in the City or within one (1)
mile of the corporate limits; provided that, the Animal Services Manager or his or her designee
may issue a permit for the disposal of large dead animals, under such regulations as the Manager
may prescribe, in the City, at such places as will not, in his or her judgment, be detrimental to the
public health or comfort.
Sec. 7-52. When owner or occupant to remove large animal from premises.
The owner or occupant of any premises in the City upon which any large animal dies or
is found dead shall remove such animal, or cause the same to be removed, to some point more
than one (1) mile beyond the corporate limits within six (6) hours from the time such animal
dies, or is found dead, unless it dies or is found dead after 6:00 p.m., which it shall be removed
before noon of the following day.
Sec. 7-53. Disposition of small animals.
All small dead animals shall be placed and kept in cans provided for the removal of
garbage until collected by the City.
Secs. 7-54 --7-60. Reserved.
ARTICLE VI. TRAPPING ANIMALS
See. 7-61. Definition.
As used in this Article, "trapping" means taking, killing and capturing wildlife by the use
of any trap, snare, deadfall or other device commonly used to capture wildlife, and the shooting
or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or
staking such traps, snares, deadfalls and other devices, whether or not such acts result in taking
of wildlife, and every attempt to take and every act of assistance to any other person in taking or
attempting to take wildlife with traps, snares, deadfalls or other devices.
Sec. 7-62. Permit required; exceptions.
It shall be unlawful for any person to trap wildlife unless the person so trapping possesses
a permit prescribed by this Article, said permit to be on the person of the trapper while trapping;
provided, however, that, this section shall not apply to the children under eighteen (18) years of
age of a licensed trapper while they are assisting him in his presence; and provided further that
this section shall not apply to any person trapping upon such person's own property.
Sec. 7-63. Same -Issuance conditions.
Permits for trapping may be obtained from the office of the Animal Services Division and
shall be issued subject to the following conditions:
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(1) An applicant for a permit must be at least eighteen (18) years of age;
(2) An applicant for a permit must pay a permit fee of five dollars ($5.00);
(3) A permit shall be issued for a term of one (1) year;
(4) All applicants for permits must agree to remunerate any person injured or whose
domestic animals are injured for all medical bills and/or veterinarian fees incurred
by such persons by reason of a permittee's trapping activities;
(5) All applicants for permits must post a bond of five thousand dollars ($5,000.00)
from which claims of persons who are injured or whose domestic animals are
injured may be compensated or must post an insurance policy covering such
claims with minimum limits of twenty-five thousand dollars ($25,000.00) per
person;
(6) No permit shall issue to any person who has been convicted within the previous
year of any violation of this Chapter; and
(7) All applicants for a permit must, at the time of the application, sufficiently
demonstrate the manner in which they will comply with Section 7-64(5) so as to
assure legibility of the owners' names on their traps.
Sec. 7-64. Regulations.
It shall be unlawful for any person, except as herein provided, to set or place any trap or
snare or bait the same, upon the lands of or in the waters adjoining the lands of any person for
the purpose of catching or killing any wild animal upon the lands of another except during the
open season on such animals, and then only after such person has obtained the written consent of
the owner of the lands, which written consent shall be upon the person who may be using or
setting said devices; provided that nets, spring poles and deadfalls shall be prohibited at all times
and all places.
(1) Steel traps placed about a hole, cave or den, or about a hollow stump or any like
place, shall be placed twelve (12) or more inches within the entrance thereof, and
it shall be unlawful to place steel traps in the open, except for water -sets.
(2) All traps shall be inspected within each thirty-six (36) hours and any animal or
fowl caught therein shall be removed.
(3) Persons trapping upon the lands of another shall at once make the owner of the
lands a full written report of the head of stock, fowl or dog caught in the steel trap
or other trapping device set by such person, giving the date such fowl, stock or
dog was caught, with a full description thereof.
(4) No steel trap larger than a number two (2) trap may be set by any trapper without
the express consent of the Mayor of the City, which larger trap shall only be
ORE
authorized by a showing that the public safety requires the use of such a larger
trap.
(5) All traps set or used for the purpose of taking any wild animals shall be stamped
with or have affixed on a metal tag the owner's name in such manner that the
same shall be legible at all times.
Sec. 7-65. Exception as to certain vermin.
Nothing in this Article shall be deemed to apply to setting traps for vermin in any house
or other building.
Sec. 7-66. Penalty.
Any violation of the provisions of this Article shall be punishable by a fine, and the
permit of any trapper convicted of a violation of this Article shall be automatically revoked by
the City Court Judge upon a finding of such violation.
Sec. 7-67- - 70. Reserved.
ARTICLE VII. MISCELLANEOUS
Sec. 7-71. Large animals -Record to be kept.
Whenever any large animal of any kind or any livestock is found which is required to be
impounded, the Animal Services Division shall take such animal to the Animal Shelter or other
adequate holding facility and shall maintain a careful description of the animal, the precise date
and time of day at which it was found and in what locality it was found. Such records shall
always be open for inspection by the public under the supervision of the Animal Shelter or
Animal Services Division. The records of such large animals must be available to the public
during normal Animal Shelter hours.
Sec. 7-72. Large animals -Notices of detention; sale.
On the next business day following the impounding of any large animal or livestock of
any kind, the Animal Shelter shall cause notices of the detention of the animal to be written,
containing a full description and the particulars of the animal, and shall post at large two (2) of
such notices at Chattanooga City Hall in a conspicuous place and in the same notice shall recite
that if not redeemed by the owner thereof within ten (10) days from the date of posting the
notice, the animal will be sold at public auction to the highest bidder for cash at a day and hour
specified in the notice or offered for adoption. Final legal disposition is at the discretion of the
Animal Services Division. All notices shall be numbered consecutively and the Animal Shelter
shall retain and post a copy of each. If any large animal or livestock of any kind is not redeemed
in the time specified in the notice of detention, it shall be sold by or at the direction of the
Animal Services Division at the date and hour specified in such notice at public auction to the
highest bidder for cash.
-16-
Sec. 7-73. Large animals -Disposition of animals not sold.
Unclaimed large animals or livestock not sold as provided in Section 7-72 may be
adopted by persons other than their owners upon payment of all accrued fees, and if not so
adopted, may be humanely destroyed by the Animal Service Division or otherwise disposed of.
Sec. 7-74. Keeping or possessing swine or goats.
It shall be unlawful for any person to keep or possess swine or goats within the City;
provided, however, that any person who owns or has leased a tract of land containing five (5)
contiguous acres or more within the City may keep or possess swine or goats on such property;
provided, further, that this section shall not be construed to apply to persons possessing swine or
goats for the purpose of being transported through the City nor to such animals being kept and
offered for sale at regularly operated stockyards or slaughterhouses. This section shall also not
apply to Miniature African Pigs and Pot -Bellied Pigs kept as house pets.
Sec. 7-75. Horses, mules prohibited on sidewalks.
It shall be unlawful for any person to permit any horse or mule in his custody to go upon
any sidewalk in the City. This section shall not apply to police officers in the official
performance of their duties.
Sec. 7-76. Livestock at large prohibited.
It shall be unlawful for any person owning or controlling any bovine, swine, ratites,
cattle, horses, mules, sheep, or goats to allow such animals to run at large in the streets or on any
privately owned land in the City without the permission of the owner of such land.
Sec. 7-77. Dangerous, mischievous animals at large prohibited.
It shall be unlawful for any person owning or controlling a dangerous or mischievous
animal to permit such animal to run at large in the City.
Sec. 7-78. Fowl running at large, trespassing prohibited.
It shall be unlawful for the owner of any chicken or other fowl to permit it to run at large
or upon the premises of any other person in the City.
Sec. 7-79. Police to report animals, fowl at large.
Police officers shall promptly report to the Animal Services Division any animal or fowl
found running at large unlawfully.
Sec. 7-80. City declared wild bird sanctuary; acts prohibited.
The entire area embraced within the City is hereby designated as a sanctuary for wild
birds. It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any
wild bird or to rob any bird's nest. When any species of wild bird is found to be congregating in
-17-
A
such numbers in a particular locality that they constitute a nuisance or menace to health or
property, and if such are declared by qualified authorities to be creating a public nuisance and the
Mayor is so informed, appropriate action may be taken by duly constituted officials after a
thorough investigation. Trapping or killing of such birds shall not be resorted to unless Audubon
societies, bird clubs, the Animal Services Division or humane societies are unable to find a
satisfactory alternative.
SECTION 2: That this Ordinance shall become effective two (2) weeks from and
after its passage as provided by law, provided however that this ordinance shall be operative
immediately upon passage.
PASSED on Third and Final Reading
.2000.
WSP/rhb(cjc)
CHAIRPERSON
APPROVED: DISAPPROVED:
DATE: 2000
-18-
MAYOR
Chapters 142-74 and 142-759 HRS
§142-74 Liability of dog owner; penally. If any dog, while on private
property without life consent of the owner of that property, injures or destroys any
sheep, cattle, goat, log. Ibwl, or other property belonging to any person oilier than
life owner of the dug, the owner of the dog shall be liable in damages to the person
injured for the value of lite property so injured or destroyed. Tile owner of lite dog
shall confine or destroy lite dog, and if lite owner of life dog neglects or refuses to do
so, life owner of the dog, in the even[ of any further damage being dote to the person
or property of any person by the dog, in addition to paying lite person injured for the
damage, shall pay the costs of [tic trial together with the penally imposed under
section 142-12, slid it shall be lawful for any other person to destroy the dog. 111C
1869, c 23, 49; RL 1925, §667; RL 1935, §252; RL 1945, § 1094; RL 1955, §20-73;
IIRS §142-74; gen ch 1985; am L 1986, c 64, §11
Case Nut"
Under charge or malicious injury, facts shown that Jog was trespasser and seen carrying off something
were jusfilicatiom for attack on Jog. 8 fl. 115.
1§142-751 Iluman bitten by dog; duty of dog owners; action against
owner. (a) '17te owner of any dog which has bitten a human being shall have the
duty to lake such reasonable steps as are necessary to prevent the recurrence of such
incident. t
(b) Whenever a dug has bitten a human being oil at least two separate
occasions for which none of lite exceptions specified in section 663-9.1 apply, any
person may bring an action against the owner of such dog in the district court of the
judicial circuit in which such owner resides, to determine whether conditions of the
treatment or confinement of (lie dog or other circumstances existing at the tine of the
bites have been changed so as to remove the danger to other persons presented by
such animal. The court, after hearing, may make any order it deems appropriate to
prevent lin: recurrence of such an incident, including, but not limited to, the removal
of the aninml from the area or its destruction by its owner. In making its decision, the
court may consider ( I ) lin: vicious or dangerous propensities of the afinml, (2) the I .
ability of the owner to adequately confine or remove the animal, and (3) the necessity
of any destruction of an animal in light of tine health, safety and welfare of the
community. This section shall not preclude any existing common law remedies. 1L
1980, c 283, §21
EXHIBIT E
ANIMALS: LICENSES AND REGULATIONS 143.1
wenty-five pairs of carrier pigeons in an area zoned for residential or for hotel
an Ment uses shall be allowed to fly the pigeons for necessary exercise,
tminin , racing. Any owner or person maintaining the carrier pigeons in areas
zoned for and uses shall fly not more than two hundred birds for necessary
exercise, tminid racing. Show pigeons which are not allowed to fly free are not
within the foregoi trol on carrier pigeons. [L 1989, c 9, pt of §21
AVIARY (SAME BIRDS
[§142-1111 Definitions. A d in this part, unless the context otherwise
requires:
"Aviary game bird" includes the van cies of pheasant which are of rare
nature and are generally propagated and rai r its ornamental and aesthetic
proposes, but does not pertain to birds raised for fib Ming, baiting, or for similar
commercial purposes.
"Department" means the department of agriculture. 989, c 9, pt of §31
[§142-1121 Aviary game bird permits. The departmen II issue an
aviary game bird permit to any person who raises aviary game birds an II adopt
rules pursuant to chapter 91 to effectuate this part. [L 1989, c 9, pt of §
CHAPTER 143
ANIMALS: LICENSES AND REGULATIONS
SECTION
143-1 DEFINITIONS
143-2 LICENSE REQUIRED
143-2.5 REGULATION OF OTHER ANIMALS
143-2.6 ANIMAL DESERTION
143-3 LICENSE FEE CONTROLLED BY ORDINANCE
143-4 ISSUANCE OF LICENSE AND TAGS
143-5 REMOVAL AND IMITATION OF DOG TAGS
143-6 LOST DOG TAGS
143-7 POUNDS AND ANIMAL CONTROL OFFICERS
143-8 SEIZURE AND REDEMPTION OF UNLICENSED DOGS
143-9 REDEMPTION OF DOG AFTER SALE
143-10 STRAY DOGS
143-11 REDEMPTION OF STRAY LICENSED DOGS
143-12 SEIZURE AND DISPOSAL OF DISEASED DOGS; PENALTY
143-13 DESTRUCTION OF DISEASED OR UNFIT DOGS
143-14 FEMALE DOGS
143-I5 CONTRACTS FOR SEIZING AND IMPOUNDING DOGS
143-16 CONTRACT BETWEEN COUNTY OF KAUAI AND KAUAI HUMANE SOCIETY
143-17 WRONGFUL INTERFERENCE WITH M-ICERS
143-18 UNLAWFUL DISPOSITION OF IMPOUNDED DOGS
143-19 PENALTY
Note
Chapter tine amended by L 1988, c 270, § 1.
§143-1 Definitions. Whenever used in this chapter, unless the context other-
wise requires:
"Officer" means any sheriff, deputy, any member of a police force in counties
with a population of less than 100,000 and animal control officers of the several
counties of the State;
EXHIBIT rw 159
143-1 AGRICULTURE AND ANIMALS
"Owner" includes every person owning, harboring, or keeping a dog; pro-
vided that if the owner is a minor under the age of eighteen years, the parent,
guardian, or other person having the care, custody, or control of the minor shall be
inebuttably presumed to be the owner;
"Unlicensed dog" means any dog for which the license for the current year has
not been paid or to which the tag provided for in this chapter is not attached. [L 1941,
c 268, § 1; RL 1945, §7151; RL 1955, § 156-1; am L 1963, c 85, §3; HRS § 143-1; am
L 1983, c 227, §2; am L 1989, c 211, §10; am L 1990, c 281, §111
Revision Note
Definitions rearranged.
Cress References
Sheriff, etc., see 126-14.6.
§143-2 License required. It shall be unlawful for any person to own or
harbor a dog unless the dog is licensed as provided by this chapter, provided that the
legislative bodies of the several counties may, by ordinance, dispense with or modify
the licensing requirements of this chapter. This chapter shall not apply to dogs under
the age of three months which do not run at large, dogs in quarantine and dogs
brought into the State exclusively for the purpose of entering them in a dog show or
dog exhibition and not allowed to run at large. [L 1941, c 268, §2; RL 1945, §7152;
RL 1955, §156-2; HRS §t43-2; am L 1973, c 146, § 11
[§143-2.5] Regulation of other animals. Nothing in this chapter shall be
construed as a limitation on the authority of the counties to regulate, including by
licensure, animals other than dogs. [L 1988, c 270, §21
1§143-2.61 Animal desertion. It shall be unlawful for the owner of any
animal or any person in possession of an animal that belongs to another person to
leave the animal without the intention of returning to it.
Any person who violates this section shall be guilty of a petty misdemeanor. [L
1992, c 223, §11
§143-3 License fee controlled by ordinance. Except where licenses are
dispensed with pursuant to section 143-2, each county council shall have the power
to fix the license fee for dogs on a biennial basis. Until and unless otherwise provided
by ordinance the biennial license fee for each dog shall be $4. Any person owning or
having the custody or control of any dog shall pay the license fee to the director of
finance of the county in which the dog is owned, kept, or controlled. The license fee
shall be due and payable on January 2 of every second year and shall be paid before
March I I of every second year, or within thirty days after the exemption ceases in
the case of dogs becoming subject to this chapter.
The full amount of the fee shall be paid for any fraction of the license period for
which a license is issued.
All moneys received by the director of finance under this chapter shall be paid
into the general fund of such county. [L 1941, c 268, §3; RL 1945, §7153; RL 1955,
§ 156-3; am L 1959, c 120, § 1; HRS § 143-3; am L 1973, c 146, §2; am L 1980, c 148,
§11
160
ANIMALS: LICENSES AND REGULATIONS 143-8
§1434 Issuance of license and tags. Upon the receipt of the license fee the
director of finance shall issue to the person paying the fee a license stating the
following:
(1) The name and address of the person to whom the license is issued;
(2) The year for which the license is paid;
(3) The date of payment;
(4) A description of the dog for which the license is issued;
(5) The number of the metal tag issued for the dog; and
(6) Any dog approved by the director of finance pursuant to rules established
by the director to be a guide, signal, or service dog shall be so designated
on the license.
The director of finance shall at the same time issue and deliver to the person a
metal tag of such form and design as the director of finance may designate with a
serial number and the year for which it is issued plainly inscribed thereon, which tag
shall be attached to a collar around the neck of the dog for which the license has been
issued. The fee for the tag shall be set by each county council; provided that until and
unless provided by ordinance the fee shall be 10 cents.
The director of finance, pursuant to chapter 91, shall adopt rules for the
licensing of guide, signal, and service dogs. [L 1941, c 268, §4; RL 1945, §7154; RL
1955, § 156-4; HRS § 143-4; am L 1983, c 227, §3; gen ch 1985; am L 1991, c 178,
§41
§143.5 Removal and imitation of dog tags. It shall be unlawful for any
person to remove any tag from any dog not owned by the person or under the
person's control, or to place on any dog any license tag not issued as herein provided,
or to make or have in possession or to place on a dog any counterfeit or imitation of
any license tag provided for in this chapter. [L 1941, c 268, §5; RL 1945, §7155; RL
1955, § 156-5; HRS § 143-5; gen ch 19851
§143-6 Lost dog tags. If any license tag is lost or stolen, the person to whom
the tag was issued shall be entitled to receive a duplicate thereof by presenting to the
director of finance who issued the license the original license and satisfactory proof
that the tag was lost or stolen. [L 1941, c 268, §6; RL 1945, §7156; RL 1955, § 156-6;
HRS § 143-6; am L 1987, c 201, § 11
§143.7 Pounds and animal control officers. The council of each county
may establish and maintain pounds for the impounding of dogs under this chapter,
and may provide for the appointment and compensation of animal control officers
who shall have all the powers of a sheriff or police officer in carrying out this
chapter. [L 1941, c 268, §13; RL 1945, §7164; RL 1955, §156-7; am L 1963, c 85,
§3; HRS § 143-7; am L 1983, c 227, §4; am L 1989, c 211, § 10; am L 1990, c 281,
§111
Sheriff, etc., see, §26-14.6.
Cross References
Case Notes
Under prior law duties of pound -keeper must be strictly carried out. 3 H. 212.
§143-8 Seizure and redemption of unlicensed dogs. Except where licens-
ing requirements are dispensed with, every officer shall seize any unlicensed dog
161
143-8 AGRICULTURE AND ANIMALS
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,
whether in the immediate presence of the owner or otherwise, and confine it in a
pound or any suitable enclosure for a 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 a penalty to be set by each county council; provided that until and unless
provided by ordinance the penalty shall be $2.50. If not so redeemed, the dog shall be
sold by the officer for the amount of the license and penalty due, or as much more as
can be obtained therefor; provided that the officer may neuter or require the neutering
of the dog prior to sale, and if not so sold it shall be humanely destroyed. 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 of
the dog by paying to the officer, in addition to the amount of the license and penalty,
an impoundment fee per day for the number of days over two days the dog was
impounded. Each county council shall have the power to fix the impoundment fee for
dogs; provided that until and unless otherwise provided by ordinance the
impoundment fee shall be $2.50 a day. Of the money so received,the amount of the
license fee shall be paid to the director of finance and the balance shall be retained by
the officer to defray the expenses of collecting, keeping, and feeding the dog. [L
1941, c 268, §7; RL 1945, §7157; RL 1955, § 156-8; HRS § 143-8; am L 1973, c 146,
§3; am L 1983, c 227, §5J
§143-9 Redemption or dog after sale. The owner of any dog which has
been seized and sold as provided in this chapter, at any time within thirty days after
the sale, may redeem the dog from the purchaser by paying to the purchaser the
amount of the purchase price paid by the purchaser and an impoundment fee per day
as provided in section 143-8, for the number of days from the date of sale to and
including the date of the redemption. If the dog has been neutered in the manner
provided in section 143-8, the owner shall pay to the purchaser the amount of the
neutering charge. [L 1941, c 268, §8; RL 1945, §7158; RL 1955, § 156-9; HRS § 143-
9; am L 1983, c 227, §6; gen ch 1985)
§143-10 Stray dogs. Every person who takes into the person's possession
any stray dog shall immediately notify the animal control officer and release the dog
to the animal control officer upon demand. If there is attached to the dog a license tag
for the then current year, the animal control officer shall notify in writing the person
to whom the license was issued, at the address given in the license certificate, and,
upon demand made within twenty-four hours thereafter and without charge, shall
release the dog to the person. If no person lawfully entitled to the dog, within nine
days after the date of giving the notice, shall claim the dog, the dog may be sold or
destroyed by the animal control officer in the manner provided in section 143-8 for
unlicensed dogs. [L 1941, c 268, §9; RL 1945, §7159; RL 1955, §156-10; HRS
§143-10; am L 1983, c 227, §7; gen ch 1985]
§143-11 Redemption of stray licensed dogs. The owner of any licensed
dog impounded and not claimed within twenty-four hours as provided in section
143-10, may redeem the dog at any time before the sale or destruction of the dog by
paying to the animal control officer an impoundment fee per day as provided in
section 143-8, for the number of days the dog was impounded. [L 1941, c 268, § 10;
RL 1945, §7160; RL 1955, §156-1I; HRS §143-11; am L 1983, c 227, §81
162
ANIMALS: LICENSES AND REGULATIONS 143-17
§143-12 Seizure and disposal of diseased dogs; penally. Any police
officer or animal control officer may seize and, after notice to the owner if the owner
can be found, may kill any dog running at large which is so obviously diseased as to
be a menace to the health of persons or animals.
Any owner of any dog so diseased, who recovers the dog from the police officer
or animal control officer, after notice as aforesaid, and does not furnish forthwith
suitable medical treatment and care for, or destroy, the diseased dog, shall be guilty
of a misdemeanor. [L 1937, c 217, §§1, 2; RL 1945, §7161; RL 1955, §156-12; HRS
§143-12; am L 1983, c 227, §9; gen ch 19851
§143-13 Destruction of diseased or unfit dogs. All dogs taken into the
custody of the animal control officer which by reason of age, disease, or other causes,
are unfit for further use or are dangerous to keep impounded, may be forthwith
humanely destroyed by the animal control officer. [L 1941, c 268, §I1; RL 1945,
§7162; RL 1955, §156-13; HRS §143-13; am L 1983, c 227, §101
§143-14 Female dogs. It shall be unlawful for the owner of any female dog,
licensed or unlicensed, to permit it to run at large while the dog is in the copulating
season. [L 1941, c 268, §12; RL 1945, §7163; RL 1955, §156-14; HRS §143-141
§143-15 Contracts for seizing and impounding dogs. Any county may
contract with any society or organization formed for the prevention of cruelty to
animals, or similar dog prolective organization, for the seizure and impounding of all
unlicensed dogs, and for the maintenance of a shelter or pound for unlicensed dogs,
and for lost, strayed, and homeless dogs, and for the destruction or other disposition
of seized dogs not redeemed as provided in this chapter. 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. [L 1941, c 268, §14; RL 1945, §7165; RL 1955, §156-15; HRS §143-151
§143-16 Contract between county of Kauai and Kauai Humane Society.
Pursuant to the authorization provided in section 143-15 the county council of the
county of Kauai shall contract with the Kauai Humane Society, an incorporated
nonprofit association organized under the laws of the State for the prevention of
cruelty to animals, upon the subject matters contained in section 143-15 and shall
appropriate the moneys collected by the director of finance of the county of Kauai
under section 143-3 for use by the Kauai Humane Society.
In addition to the matter contained in section 143-15 the Kauai Humane Society
may expend funds turned over by the county to construct a dog pound on Kauai;
provided (hat the county council shall first approve the plans for the construction and
location of the dog pound. [L 1953, c 117, § 1; am L 1955, c 8, § 1; RL 1955, § 156-16;
HRS §143-161
Revision Note
"County council" substituted for "bond of supervisors", and "director of finance" substituted for
"treasurer" to reflect present titles under county charter.
§143-17 Wrongful Interference with officers. It shall be unlawful for any
person to resist or obstruct any officer in the exercise of the officer's duties as
provided in this chapter. [L 1941, c 268, §15; RL 1945, §7166; RL 1955, §156-17;
HRS §143-17; gen ch 19851
163
143-18 AGRICULTURE AND ANIMALS
§143-18 Unlawful disposition of impounded dogs. It shall be unlawful for
any officer to knowingly sell or give any impounded dog to any person, firm,
corporation, association, medical college, or university for the purpose of animal
experimentation. [L 1941, c 268, §16; RL 1945, §7167; RL 1955, §156-18; HRS
§143-181
§143-19 Penalty. Any person violating any of the provisions of this chapter
for which no special penalty is provided shall be fined not more than $50. [L 1941, c
268, §I8; RL 1945, §7168; RL 1955, §156-19; HRS §143-191
CHAPTER 144
FEED
SECTION
144-1 ADMINISTRATION
144-2 DEFINITIONS
144-3 REGISTRATION
144-4 LABELING
144-5 INSPECTION IFES AND TONNAGE REPORTS
144-6 ADULTERATION
144-7 MISBRANDING
144-8 PROHIBITED ACTS
144-9 INSPECTION, 5AMPLING, ANALYSIS
144-10 RuLPs
144-11 DETAINED FEEDS
144-12 PENALTIES
144-13 COOPERATION WITH OTHER ENTITIES
144-14 PUBLICATIONS
Nate
Chapter heading amended by L 1983, c 214, pi of §2.
§144-1 [OLD] REPEALED. L 1983, c 214, pt of §2.
§144-1. Administration. This chapter shall be administered by the depart-
ment of agriculture, hereinafter referred to as the "department". [L 1959, c 275, pt
of § I; am L Sp 1959 2d, c I, §22; am L 1961, c 132, §2; Supp, §24-2; HRS §144-2;
ree L 1979, c 186, pt of § l; ren L 1983, c 214, pt of §21
§144-2 Definitions. When used in this chapter:
(1) The term "person" includes individual, partnership, corporation, and
association.
(2) The term "distribute" means to offer for sale, sell, barter, or otherwise
supply feed, commercial feeds or custom -mixed feeds. The tem "distrib-
utor" means any person who distributes.
(3) The term "sell" or "sale" includes exchange.
(4) The term "official name" of a feed ingredient means the name of a feed
ingredient which is defined in the current official publication of the
Association of American Feed Control Officials, Incorporated.
(5) The term "feed" means all edible materials consumed by animals, other
than dogs, cats, or other domestic pets, which contribute energy or
nutrients to the animal's diet, and which are distributed or imported.
(6) The tem "commercial feed" means all feed except:
164
Chapter 4
Hawari County Code
Article 1. Deflnitions.
Section 4-1. Definitions.
As used in this chapter:
(a) "Animal" does not include 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) Places a person or other animal in imminent danger of bodily injury; or
(2) 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.
(1973, Ord. No. 11, 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. Pound 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.)
EXHIBIT Cv
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 into 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.)
Section 4-5. Enforcement by humane officer.
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 cavy 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 4-6. 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 4-7. 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.)
Iva
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. 1; 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.)
--3--
Article 3. Dog License Fees.
Section 4-12. 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. Dogs, 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 hours, 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.)
--4--
Section 4-15. Failure to remove animal; penalty.
In addition to the charges or damages in section 4-14, the owner of any animal which trespasses, roams,
strays, or grazes upon any public or private lands, or upon a public highway in the County, if upon notice,
fails to remove the animals within twenty-four hours thereof, 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:
(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 4-17. 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.)
--5--
Section 4-19. Defecation and nuisance prohibited.
(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 collar 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.
(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.
EM
(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.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 5; Am. 1995, Ord. No. 95-32, sec. 2.)
Section 4-21. 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 $10 for each violation of this section.
(1980, Ord. No. 510, sec. 2; Am. 1980, Ord. No. 579, sec. 6.)
Section 4-22. 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 $1 per day for the number of days from the date of
sale to and including the date of redemption, plus bona fide veterinary expenses.
(1980, Ord. No. 510, sec. 2.)
Section 4-23. Female dogs.
(a) Any female dog in season is not permitted to run at large or be off the premises of the owner or
keeper during this period except when being exercised on 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 $10 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, sec. 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 barks, bays, cries, howls or makes any other
noise intermittently for a period of twenty minutes within a thirty -minute period of time to the
disturbance of any person at any time of day or night and regardless of whether the dog is physically
situated in or upon private property.
--7--
(b) A dog shall not be deemed a noisy dog for purposes of this section if, at the time the dog is
barking 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 425. 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 fust 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. 1.)
Section 426. Harboring, holding 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.
(b) There shall be a penalty of $10 for each violation of this section.
(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 $10 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.
(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
9M.
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 4-29. Leash required for public places.
No person shall bring or permit any dog 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 4-30. 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 a five-year period by a conviction under this
section:
(1) Twenty-five dollars ($25.).
(b) For any offense which occurs within a five-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 dollars ($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 4-31. Confinement of vicious dogs.
(a) Every vicious dog shall be confined by the owner within a building or secure enclosure and shall
be securely muzzled or caged whenever off the premises of its owner.
(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:
I=
(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 years of a prior conviction under this
section, a fine of not less than $500, but not more than $1,000.
(3) For a third conviction which occurs within five years of two prior convictions, a fine of
not less than $1,000.
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 4-31.1. Vicious dog; notice.
If, upon investigation of a report of an incident of vicious behavior, an officer determines 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 4-31.2. Appeal of vicious designation; hearing.
The notice that a dog has been deemed a vicious dog shall also inform the owner that he may, within
thirty days, request a hearing before the executive in charge of the humane society with whom the County
has contracted for animal control 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.
(1988, Ord. No. 8848, sec. 3.)
Section 4-31.3. 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, pursuant to HRS chapter 91, for hearings on the issue of whether
or not a dog shall be deemed a vicious dog.
(1988, Ord. No. 88-48, sec. 3.)
Division 3. Enforcement.
Section 4-32. 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
--10--
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.
(1986, Ord. No. 86-34, sec. 6.)
Section 4-32.1. 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
finance director 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 director 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
years unless the same is sooner terminated by the humane officer's discharge as an employee of the
humane society or discharge as a humane officer by the finance director. The finance director may
terminate and discharge a humane officer's appointment upon recommendation of the humane society
of which the humane 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 discharge 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 form 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 bear the number of its
respective original.
(1986, Ord. No. 86-34, sec. 6.)
Section 4-34. Failure to obey summons.
It shall be unlawful for any person to fail to appear 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, regardless 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 construing 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. Severability.
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.)
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A A A A
HAWAII ISLAND
HUMANE
S4�IETY
MEMO TO: HIHS STAFF
FROM SHAWN NAKOA
DATE OCTOBER 2, 1995
RE CONSIDERATIONS FOR ISSUANCE OF CITATIONS
This provides some factors I would like you all to seriously consider in your
determination of whether or not a citation should be issued. These factors should
be taken into account both in the shelter and on the road.
1. Second or more running at large violation within a one year period?
2. Second or more impound within one year period?
3. Violation on a "problem" street or area?
4. Is animal creating a traffic hazard?
5. Is animal on school grounds during school hours?
6. Is dog pursuing a female in heat?
7. Is there any involvement with an outside law enforcement agency or
other pertinent organization?
8. Is dog exhibiting aggressive behavior?
9. Historically a problem dog?
10. Physical condition of the animal?
11. Historically responsible pet owner?
12. Does pet owner appear to be "teachable' and open to some education?
The above factors can and should be taken into account in
determining whether a citation should be issued both on the road and in the
AFFILIATE MEMBER OF THE AMERICAN HUMANE ASSOCIATIONX H I B i T I
74-5225 Queen Kaahumanu Hwy • Kailua-Kona, HI 96740 • Telephone (808) 329-1
P.O. Box 939 • Keaau. Hawaii 96749-0939 • Telephone (808) 966-8161
Kamuela (808) 885-4558
shelter. Humane Officer discretion and judgment given the totality of the situation
is still the basis for the issuance of citations. Reasons for not issuing a citation
should always be made clear on paperwork when a citation is not issued for
whatever reason.