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HomeMy WebLinkAboutORD 1973-011BILL NO. 1~+ (AMENDED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 11 AN ORDINANCE AMI'sNDING CHAPTER 3 (REGULATIONS PROMOTING THE GENERAL WELFARE}, HAWAII COUNTY CODE, BY THE ADDITION OF A NEW ARTICLE (ANIMAL POUIQDS). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 of the Hawaii County Code, as amended, is hereby furthE~r amended by adding thereto the following article: "ARTICLE 11. Animal Pound--Management and Functions. SEC. 1. DEFINITIONS As used in this Article, unless the context otherwise indicates: A. 'Stray' means any unlicensed dog or other small domesticated animal running at large and not under the control of a person. B. 'At large' means on the premises of a person other than the owner of the dog or other small domesticated animal without the con:aent of the occupant of the premises, or on a public street, ,slley, highway or in any public place except when under the control of a responsible person or an authorized representative of the owner. SEC. 2. There is hereby established a pound 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 and Puna, County of Hawaii. SEC. 3. The pound shall be under the direction, control and administration of a society or organization formed for the prevention of cruelty to animals, identified in Sec. 4, which shall, in addition to its duties above, feed and shelter the animals in its care pursuant to Chapter 143, Hawaii Revised Statutes. SEC. 4. The Hawaii Island Humane Society, an eleemosynary corporation organized and existing under and by virtue of the laws of the State of Hawaii, is hereby authorized and empowered to seize and impound any dog or other small domesticated animal, while such dog or other small domesticated animal is a stray, and to dispose of the same in accordance with Chapter 143, HRS. SEC. 5. DEPUTIZED SPECIAL OFFICERS The Chief of Police is hereby authorized to deputize special officers for the purpose of enforcing provisions of this Article and of Chapter 143, HRS. The employment status of any dog warden now employed by the Department of Police shall be determined pursuant to the provisions of Chapter 76, HRS. SEC. 6. EXPENSES; APPROPRIATION All expenses of seizing, impounding, and disposing of stray dogs and other small domesticated. stray animals shall be borne by the Hawaii Island Humane Society; provided, however, that the Council shall from time to time make such appropriations to assist the Society, as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities delegated under this Article. SEC. 7. An agreement containing but not limited to the extent of services rendered or to be rendered by the Society and methods of reporting and accounting shall be entered into -2- between the Society and the County before any payments may be made to the Society under the terms of this Article. SEC. 8. ANNUAL REPORT TO COUNCIL The Hawaii Island Humane Society shall render a full report of its activities, budget and operations relating to the impounding of stray dogs and other stray animals to the Mayor and Council within one month after the end of each fiscal year. SEC. 9. CONTROL OF THE POUND The Society charged with the responsibility of operating the pound shall have full and complete control over the administration, maintenance, and operation of the pound. The Society 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. SEC. 10. The County administration is hereby authorized to transfer equipment and supplies presently assigned to pound operations to the Hawaii Island Humane Society for use in pound functions in accordance with Section 5-3.3(k) of the Hawaii County Charter. The Hawaii Island Humane Society shall not sell, exchange or dispose of said equipment and supplies without the written approval of the County Council. Should the Hawaii Island Humane Society cease to operate or use said equipment and supplies for its intended purpose for a period of 60 days, such equipment and supplies transferred by the County for operation of the animal pound shall revert to the ownership and control of the County of Hawaii. -3- SEC. 11. INDEMNIFICATION OF THE COUNTY OF HAWAII The Society shall undertake to indemnify the County of Hawaii from any and all liability, loss or damage the County of Hawaii may suffer as a result of claims, demands, costs or judgments against it arising out of the establishment, maintenance and operation of the pound." SECTION 2. Chapter 2, Article 4, Sections 2.01, 2.02, 2.03, and 2.04, Hawaii County Code, are hereby repealed. SECTION 3. Chapter 2, Article 4, Sections 2.05 and 2.06, Hawaii County Code, are hereby amended by changing "SEC. 2.05" to "SEC. 2.01" +snd "SEC. 2.06" to "SEC. 2.02." SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ¢~'UNCZLMAN, COUNTY- F HAWAII Date of Introduc;tion: Date of Adoption: Effective Date: December 5, 1973 December 19, 1973 December 21, 1973 -4- Hilo, Hawaii Date: Dec~r,,her 5, 1.973 FIRST READING AYES NOES A/E Car enter x De luz Ferias Fujii X Hisaoka X Kawahara x. Matayoshi x Yadao x Chr. Yamada R 9 n QEG ~ ~ 197s Publication Date: _ Hiln, H.~wail Date: R?c_ 1°_ 19?3 SECOND & FINAL READING AYES NOES A/E Carpenter ~' De Luz Ferias X Fujii x Hisaoka X Kawahara X Matayoshi }~ Yadao x Chr. Yamada a ~ UtC 1'!73 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Ac ^~*t1~IU~ crs "'7 Dore __.. J~~G.2.0,1973._ .....__ / ~GN~d T'~C L GC , ~ i s'7r Council Chairman ~Jitc~a-a~w '~tsw~t~~ County Clerk oZ/ ,a_t Approved//D'•-^^---~-a this-- - dayy oaf / JJ //`` ~\ / MayorA~County of Hawaii Bill No. ~ `~ _ Reference:.(' `7 ~ ~'_" 3 ~n~;.~r `~ 3 M.B. No. ~__ _ Ord. No. __~_ _ BILL NO. 14 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 (REGULATIONS PROMOTING THE GENERAL WELFARE), HAWAII COUNTY CODE, BY THE ADDITION OF A NEW ARTICLE (ANIMAL POUNDS). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 of the Hawaii County Code, as amended, is hereby further amended by adding thereto the following article: "ARTICLE 11. Animal Pound--Management and Functions. SEC. 1. DEFINITIONS As used in this Article, unless the context otherwise indicates: A. 'Domesticated animal' means small domesticated animals and includes cats, dogs, goats, guinea pigs, rabbits and other small animals tamed and converted to domestic use, associated with family life or accustomed to live in or near the habitations of men. This term shall not include livestocks such as cattle or cows, horses, mules, donkeys, sheep or swine . B. 'At large' means: (1) On the premises of a person other than the owner of the domesticated animal, without consent of an occupant of such premises; or (2) On a public street, on public or private school grounds, or in any other public place, except when under the control of the owner by leash, cord, chain, or other similar means of physical restraint, provided that such leash, cord, chain or other means is not more than eight (8) feet in length; and provided further that this provision shall not be construed to permit that which is prohibited by any other law. SEC. 2. There is hereby established a pound for the purpose of impounding, sheltering and disposing of lost, stray, homeless, or diseased, domesticated animals, for the destruction or other disposition of domesticated animals, not redeemed in this districts of Ka'u, Hilo, Hamakua and Puna, County of Hawaii. SEC. 3. The pound shall be under the direction, control and administration of a society or organization formed for the prevention of cruelty to animals, identified in Sec. 4, which shall, in addil:ion to its duties above, feed and shelter the animals in its care pursuant to Chapter 143, Hawaii Revised Statutes. SEC. 4. The Hawaii Island Humane Society, an eleemosynary corporation organized and existing under and by virtue of the laws of the State of Hawaii, is hereby authorized and empowered to seize and impound any domesticated animal, while such domesticated animal is a stray, and to dispose of the same in accordance with. Chapter 143, HRS. SEC. 5. DEPUTIZED SPECIAL OFFICERS. The Chief of Police is hereby authorized to deputize special officers for the purpose of enforcing provisions of this Article and of Chapter 143, HRS. The employment status of any dog warden now employed by the Department of Police shall be determined pursuant to the provisions of Chapter 76, HRS. -2- SEC. 6. EXPENSES; APPROPRIATION All expenses of seizing, impounding, and disposing of domesticated stray animals shall be borne by the Hawaii Island Humane Society; provided, however, that the Council shall from time to time make such appropriations to assist the Society, as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities delegated under this Article. SEC. 7. An agreement containing but not limited to the extent of services rendered or to be rendered by the 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 the terms of this Article. SEC. 8. ANNUAL REPORT TO COUNCIL The Hawaii Island Humane Society shall render a full report of its activities, budget and operations relating to the impounding of domesticated stray animals to the Mayor and Council within one (1) month after the end of each fiscal year. SEC. 9. CONTROL OF THE POUND The Society charged with the responsibility of operating the pound shall have full and complete control over the administration., maintenance, and operation of the pound. The Society 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. SEC. 10. The County administration is hereby authorized to transfer equipment and supplies presently assigned to pound -3- operations to the Hawaii Island Humane Society for use in pound functions. Should the Hawaii Island Humane Society cease to operate or use said equipment and supplies for its intended purpose for a period of 60 days, such equipment and supplies transferred by the County for operation of the animal pound shall revert t:o the ownership and control of the County of Hawaii. SEC. 11. INDEP+INIFICATION OF THE COUNTY OF HAWAII The Society shall. undertake to indemnify the County of Hawaii from any and al.l liability, loss or damage the County of Hawaii may suffer as a result of claims, demands, costs or judgments against it arising out of the establishment, maintenance and operation of the pound." SECTION 2. Chapter 2, Article 4, Sections 2.01, 2.02, 2.03, and 2.04, Hawaii County Code, are hereby repealed. SECTION 3. Chapter 2, Article 4, Sections 2.05 and 2.06, Hawaii County Code, are hereby amended by changing "SEC. 2.05" to "SEC. 2.01" and "SEC. 2.06" to "SEC. 2.02." SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C I ~ ~~ COUNTY O HAWAII Date of Introduction: ~e•-~m?~°r `~, ~"?3 Date of Adoption: -4- Y F h! {~ SHUNICHI KIMURA °~ ~~il~~ MAYOR ~ t COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 23 AUPU NI STREET HILO. HAWAII 96]20 December 3, 1973 Honorable Josephine Yadao Chairman, Public Works Committee County Council County of Hawaii Hilo, Hawaii 96720 Dear Mrs. Yadao: CLIFFORD H. F LUM CORPORATION COUNSEL We transmit herewith an ordinance entitled "An Ordinance Amending Chapter 3 (Regulations Promoting the General Welfare) Hawaii County Code, by the Addition of a New Article (Animal Pounds)." Very truly yours, EARL T. N~ SATO Deputy C rporation Counsel ETN:ds Enclosure cc: Council Chairman Mayor APPROVED: CLI~FO LUM I Corpo ion BILL NO. 14 COUN~'Y OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 (REGULATIONS PROMOTING THE GENERAL WELFARE), HAWAII COUNTY CODE, BY THE ADDITION OF A NEW ARTICLE (ANIMAL POUi`IDS) . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 of the Hawaii County Code, as amended, is hereby further amended by adding thereto the following article: "ARTICLE 11. Animal Pound--Management and Functions. SEC. 1. DEFINITIONS As used iri this Article, unless the corrtext otherwise indicates: A. 'Domesticated animal' means small domesticated animals and includes cats, dogs, goats, guinea pigs, rabbits and other small animals tamed and converted to domestic use, associated with family life or accustomed to live in or near the habitation: of men. This term shall not include livestocics such as cattle or cows, horses, mules, donkeys, sheeps or swines. B. 'At large' means: (1) On the premises of a person other than the owner of the doresticated animal, without consent of an occupant of such premises; or (2) On a public s*_reet, on public or private school grounds, or in any other public place, except when under the control of the owner by leash, cord, chain, or other sirnilar rneans of physical restraint, provided that such leash, cord, chain or other means is not more than eight (8) feet in length; and provided further that this provision shall not be construed to permit that which is prohibited by any other law. SEC. 2. There is hereby established a pound for the purpose of impounding, sheltering and disposing of lost, stray, homeless, or diseased, domesticated animals, for the destruction or other disposition of domesticated animals, not redeemed in the districts of Ka'u, Kilo, Hamakua and Puna, County of Hawaii. SEC. 3. The pound shall be under the direction, control and administrat=ion of a society or organization formed for the prevention of cruelty to animals, identified in Sec. 4, which shall, in addition to its duties above, feed and shelter the animals in its care pursuant to Chapter 143, Hawaii Revised Statutes. SEC. 4. The Hawaii Island Humane Society, an eleemo:,ynary corporation organized and existing under and by virtue of the laws of the State of Hawaii, is hereby authorized and empowered to seize and impound any domesticated animal, while such domesticated animal is a stray, and to dispose of the same in accordance with Chapter 143, HRS. SEC. 5. DEPUTIZED SPECIAL OFFICERS. The Chief of Police is hereby authorized to deputize special officers for the purpose of enforcing provisions of this Article and of Chapter 143, HRS. The employment status of any dog warden now employed by the Department of Police shall be determined pursuant to the provisions of Chapter 76, HRS. -2- SEC. 6. EXPENSES; APPROPRIATION All expenses of seizing, impounding, and disposing of domesticated stray animals shall be borne by the Hawaii Island Humane Society; provided, however, that the Council shall from time to time make such appropriations to assist the Society, as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities delegated under this Article. SEC. 7. An agreement containing but not limited to the extent of services rendered or to be rendered by the 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 the terms of this Article. SEC. 8. ANNUAL REPORT TO COlii:CIL The Hawaii Island Humane Society shall render a full report of its activities, budget and operations relating to the impounding of domesticated stray animals to the Mayor and Council within one (1) month after the end of each fiscal year. SEC. 9. CONTROL OF THE POU?1D The Society charged with the responsibility of operating the pound shall have full and complete control over the administration., maintenance, and operation of the pound. The Society 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. SEC. 10. The County administration is hereby authorized to transfer equipment and supplies presently assigned to pound -3- operations to the Hawaii Island Humane Society for use in pound functions. Should the Hawaii Island Humane Society cease to operate or use said equipment and supplies for its intended purpose for a period of 60 days, such equipment and supplies transferred by the County for operation of the animal pound shall revert to the ownership and control of the County of Hawaii. SEC. 11. INDEi~IIQIFICATION OF THE COUNTY OF HAWAII The Society shall undertake to indemnify the County of Hawaii from an.y and all liability, loss or damage the County of Hawaii may suffer as a result of claims, demands, costs or judgments against it arising out of the establishment, maintenance and operation of the pound." SiC".'IOi7 2. Chapter ~, Article 4, Sections 2.01, 2.02, 2.03, and 2.U4, Hawaii County Codr--~, are hereby repealed. S13CTION 3. Chapter 2, Article 4, Sections 2.05 and 2.06, Hawaii County Code, are hereby amended by changing "SEC. 2,05" to "SEC. 2.01" and "SEC. 2.06" to "SEC. 2.02." SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: •~ ~ ~--~ CI N, COUNTY OF WAZI Date of Introduction: Date of Adoption: -4- 81.11 Ne, 1.4 - 1P73 1?N ORDINANCF. AMENDING CH.AP'PER ? {REGULATIONS PROMOTING THE GENERAL W5LF11RE), HAWAII COUNT'r CODE, BY THF. ADDITION OF A NEk~ ARTICLE (ANIMAL POUNDS), Thais 9ii1 amends Chapter ~ lRe7ulations PromotinG the General. Welfarx_>l, Hawaii. Cotlnt~~ Cede, '?y the addz.tnn ~{ ~ new article (Animal Poundsl. Date Introduced: D~~ccmb~_~r 19~i Copies of the forenning Rill, in full, are on file i.n the OFfice of the County Clerk for use and examination by t:he pl.)b]i.c. T h..^rebv certify that the foregainr Bi77 passed first readi~~ at the meeting of the County Council nn December 5, 19?3, by the fell.owinq aye and no vote: i~YES: Council^;en Carpente_r, De Luz, Farias, Fujii, Hisao};a, Kawahara, ~.a'ayoshi, Yadao and Chairman Yamada - 9. NOES: done. COiJNTY CLERI'. COUNTY OF HAiJA T I counTY cooa;. • NEW ARTIlL[ IARIMNLlbDR(fe). TAI{pal ~yp pbm PfOma1M0 kM OawKY $odp,Olr "lal mnv. MIIU! IAm p DNe NnaN 6~ Np CWief OYtM teR..aN m 14p In me OIIIG N'IMGpn1y CNAt NK ue Ind ewmMellon M":)KI.Ia1KNC. 1 IIn'eaY ceYt11YNM NN terlONtq ally Ma{ea brat reaKb~:p Nt! p' p tM ColnfY Coonca on ~!{, Ijry.: yY tae tollowpte aYe tl.1d q~ AYES. Caantllmpl C !rl q Lox, Tarim, F'alll. NNeoka.-: KawpWa, hlwayosai, YaCpo:ef0 Ghelrman lamaaa v. NOES: None. ' TADA9Nl SUxUKI, - COUNTY CLRRK, 60URTV OF'NAWAII 190e Hawaii Trigpe-IYxpd: Oec. le. IWpl ORDIN:'1NCE NO. 11 (Bill No. 14-1.273) AN ORDINANCE AI.IENDIr'G CH~'1FTE:R 3 (REGULATIONS PROMOTING THF. GENF,RAL V7ELFARE) , H~.:~TF1II COUNTY CODE , DY THE ADDITION OF is NE'^/ ARTICLE (ANIMAL PCUNDS). Date :4nnrove-?: December 19, 1973 Date Effecti~~e: Decc:rbe- 2~, 773 Coni.e.~ of the fersgnfnn Ordinance, in full, are on file ir. the Office of the CcuntV Clerk '"or use and eyaminaton by the 1?ubJ ic. T hereby certify that the foregoing Ordinanc+° passed second and final. read'^ at the mec*inc; of the Cntar,t_V Council on ne^c.mhe'^ 19, X973, t,:y th^ F~llowinn ayr. and ro ^~ote: ~.YE~: r'Cit7P ^'lmen Carpentr+r iln I.U 7.,, Fa r].aS, FU])1., H1`~aC'iSa, Kawahara, Matavn~-ri and Yad3o - °. NOES: None.. ",,RPBNT 1ND T:`+CJJSED: Crnar ^ 1 Chairman Yama~9a - 1 . ~-~~~ COTiNTY CLF,RK C~UD'TY OF Ha'•llTT ti wn :hYtayONV NM ~NM ^ "NOES ~' %~ ASISENT ' CVS~1:'bd'd"luecd thUrmal = t. TApMSNf$VpUN4 ~ppUNTV`CLERk 3~VI~fk~P MI~WIWI: ". ~.. fNN-NYNNI Trleyna»eprtiae Dec. S1, VCJ1 " t rar.b~• cwtN[ MM M~ +N.Rlne W ,_ ,, 4 -1 !' ~In -_ _ /, 0 OFFICE OF THE MAYOR - county of hawaii, kilo, hawaii 96720 S H U N I C H I K I M U R A M R Y O R December 11, 1973 Honorable Josephine Yadao Chairman, Public Works Committee County Council County of Hawaii Hilo, Hawaii 96720 Dear Mrs. Yadaa: Re: Animal Pounds We resubmit an ordinance regarding the above matter for your favorable consideration. Very truly yours, BRUCE MCCALL Managing Director Enclosure cc: Council Chairman h o ~i~.. ~~I,li : : Tadashi Suzuki -'" ~_` ` COUNTY CLERK '•'oi '~ OFFICE OF THE COUNTY CLERK CCLINN OF HAWAII HI~O, HAWAII 96720 Mayor Shunichi Kimura County of Hawaii Hilo Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 74 passed by the County Couucil on second and final reading, COUNTY CLERK Encl. Dated: hec„ 19. ]9?3