Loading...
HomeMy WebLinkAboutORD 1975-086BILL NO. 84 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~; AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 11, HAWAII COUNTY CODE, CONCERNING THE ESTABLISHMENT, MANAGEMENT, AND FUNCTIONS OF ANIMAL POUNDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, Article 11, Hawaii County Code, as amended, is hereby further amended as follows: "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 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. "SEC. 2. ESTABLISHMENT OF POUNDS "There are [is] hereby established op unds [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, Kohala and Kona, County of Hawaii. "SEC. 3. POUND ADMINISTRATION "Each [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. AUTHORIZATION TO SOCIETIES "The Hawaii Island Humane Society and the West Hawaii Humane Society, [an] eleemosynary corporations [corporation] organized and existing under and by virtue of the laws of the State of Hawaii, are [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, Hawaii Revised Statutes. "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, Hawaii Revised Statutes. The employment st<~tus of any dog warden now employed by the Department of Police shall be determined pursuant to the provisions of Chapter 76, Hawaii Revised Statutes. "SEC. 6. EXPENSES; APPROPRIATION "All expenses of seizing, impounding, and disposing of stray dogs and other small domesticated stray animals shall be borne by t:he Hawaii Island Humane Society and the West Hawaii Humane Society; provided, however, that the Council shall from - 2- time to time make such appropriations to assist the said Societies [Society], as in its discretion and judgment shall be deemed to b~= necessary to accomplish the responsibilities delegated under this Article. "SEC. 7. REPORTING AND ACCOUNTING "An agreement containing but not limited to the extent of services rendered or to be rendered by each [the] Society and methods of reporting and accounting shall be entered into between each [the] Society, individually, and the County before any payments m,ay be made to the Societies [Society] under the terms of this Article. "SEC. 8. ANNUAL REPORT TO COUNCIL "Each Society, individually, [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 "AnY [The] Society charged with the responsibility of operating a [the] pound shall have full and complete control over the administration, maintenance, and operation of the pound. Such [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. FACILITIES AND EQUIPMENT "The County administration is hereby authorized to transfer facilities, equipment and supplies presently assigned to pound operations to the Hawaii Island Humane Society and the -3- West Hawaii Humane Society for use in pound functions in accordance with Section 5-3.3(k) of the Hawaii County Charter. Said Societies (The Hawaii Island Humane Society] shall not sell, exchange or dispose of said facilities, equipment and supplies without the written approval of the County Council. "Should any Society [the Hawaii Island Humane Society] cease to operate or use said facilities, equipment and supplies for its intended purpose for a period of 60 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 of Hawaii. "SEC. 11. INDEMNIFICATION OF THE COUNTY OF HAWAII "The Soci~=_ties [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. Material to be repealed is bracketed. New material is underscored. When incorporating this Ordinance into the Hawaii County Code, the incorporator need not include the brackets, the bracketed material, or the underscoring. SECTION 3. This Ordinance shall take effect upon its approval. INTRODUCED BY: ~IINCI~NIAN, COUNTYA'F' HAWAII Hilo, Hawaii (/ Date of Introduction: October 23, 1974 Date of Adoption: December 18, 1974 Effective Date: January 2, 1975 - 4- Hilo, Hawaii Date: Ortnhrar 73 1974 FIRST READING AYES NOES A/E Car enter AB De Luz x Farias X Fujii x Hisaoka x Kawahara AB ra(s}{t7CXXX XXXXXXX XXXk:XXX XXXXX Yadao x Chr. Yamada x Publication Date: i„_, „6, t~~ k. Hilo, Hawaii Date: DPCemher 1 R 1 97d SECOND 6 FINAL READING ~ AYES NOES _ I A/E Carpenter De Luz g f1:0[IN7CXXXXXXX XXXXXX XXXXXXX XXXXXIi Fujii x Hisaoka x Kawahara x Levin dfia~cakbcxxxx x XXXXXX XXXXXXX XXXXX Yadao Chr. Yamada 8 0 Publication Date: C, ~I ~ We do hereby certify that the foregoing BILL was adopted by The County Council and published as indicated above. F:: ... :';i Y r <,' ~ r ~ „ .. . I Dote ---_../L/?c-3/.7 Y".-------"'°-'_... ~i I Counci hairman I \~ 4\ ~\ County Clerk - Approved rove is~~~~--day of ___, 19 7 i ~~ dP't-/~~~ -. Mayor, County of Hawaii -~ Bill No. 84 ___ Reference: __PWC-41,_ Bi 11 84/PWC~4 M.f3. No. -__~~_ ~ _--- Ord. No. _---_----_----_. BRUCE McCALL 3?!]U6H(OIX MAYOR COUNTY OF HAWAII 01=FICE OF THE CORPORATION COUNSEL 23 AUPUNI STREET HILO, HAWAII DeT20 October 22, 1974 Honorable Josephine R. Yadao Chairman, Public Works Committee County Council County of Hawaii Hilo, Hawaii 96720 Dear Mrs. Yadao: CLIFFORD H. F LUM CORPORATION COUNSEL Re: Ordinance Amending Chapter 3, Article 11, Hawaii County Code, Concerning the Establishment, Management, and Functions of Animal Pounds. Pursuant 'to your request, we transmit the attached ordinance. Very truly yours, CLIFF F. LUM Corp ion 1 CHFL:ds Enclosure cc: Council Chairman Mayor BILL NO. 84 COLJNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 11, HAWAII COUNTY CODE, CONCERNING THE ESTABLISHMENT, MANAGEMENT, AND FUNCTIONS OF ANIMAL POIfNDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, Article 11, Hawaii County Code, as amended, i.s hereby further amended as follows: "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 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. "SEC. 2. ESTABLISHMENT OF POUNDS "There are [is] hereby established op unds [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 xa'u, Hilo, Hamak~aa, [and] Puna, Kohala and Kona, County of Hawaii. 'SEC. 3. POUND ADMINISTRATION "Each [Th,e] 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, i.n addition to its duties above, feed and shelter the animals ir,~ its care pursuant to Chapter 143, Hawaii Revised Statut:es. "SEC. 4. AUTHORIZATION TO SOCIETIES "The Hawaii Island Humane Society and the West Hawaii Humane Society, [an] eleemosynary corporations (corporation] organized and existing under and by virtue of the laws of the State of Hawaii, are [isJ 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, Hawaii Revised Statutes. "SEC. 5. DEPUTIZED SPECIAL OFFICERS "The Chi.=_f of Police is hereby authorized to deputize special officers for the purpose of enforcing provisions of this Article and of Chapter 143, Hawaii Revised Statutes. The employment status of any dog warden now employed by the Department of Police shall be determined pursuant to the provisions of Chapter 76, Hawaii Revised Statutes. "SEC. 6. EXPENSES; APPROPRIATION "All expenses of seizing, impounding, and disposing of stray dogs anal other small domesticated stray animals shall be borne by the Hawaii Island Humane Society and the West Hawaii Humane Society; provided, however, that the Council shall from -2- time to time make such appropriations to assist the said Societies [Society], as in its discretion and judgment shall be deemed to tie necessary to accomplish the responsibilities delegated under this Article. "SEC. 7. REPORTING AND ACCOUNTING "An agreement containing but not limited to the extent of services rendered or to be rendered by each [the] Society and methods of` reporting and accounting shall be entered into between each I.the] Society, individually, and the County before any payments may be made to the Societies [Society] under the terms of this Article. "SEC. S.. ANNUAL REPORT TO COUNCIL "Each Soc:iety, individually, [The Hawaii Island Humane Society] sha1:L 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 a (the] pound shall have full and complete control over the administration, maintenance, and operation of the pound. Such (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. FACILITIES AND EQUIPMENT "The County administration is hereby authorized to transfer facilities, equipment and supplies presently assigned to pound operations to the Hawaii Island Humane Society and the -3- West Hawaii Humane Society for use in pound functions in accordance with Section 5-3.3(k) of the Hawaii County Charter. Said Societies (The Hawaii Island Humane Society] shall not sell, exchange or dispose of said facilities, equipment and supplies without the written approval of the County Council. "Should anY Society (the Hawaii Island Humane Society] cease to operate or use said facilities, equipment and supplies for its intended purpose for a period of 60 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 of Hawaii. °SEC. 1.1. INDEMNIFICATION OF THE COUNTY OF HAWAII "The Societies (Society] shall undertake to indemnify the County of HaFraii from any and all liability, loss or damage the __e_~nty 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. Material to be repealed is bracketed. New material is underscored. When incorporating this Ordinance into the Hawaii County Code, the incorporator need not include the brackets, the bracketed material, or the underscoring. SECTION 3. This Ordinance shall take effect upon its .approval. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Date of Introduction: Date of Adoption: -4- Bill No. 84 - 1974 AN ORDINANCE AMENDIN~~ CHAPTER 3, ARTICLE 11, HAWAII COUNTY CODE, CONCERNING THE ESTABLISHMENT, MANAGEMENT, AND FUNCTIONS OF ANIMAL POUNDS. This Bill amends Chapter 3, Article 11, Hawaii County Code, concerning the establishment, management, and functions of animal pounds. Date Introduced: October 23, 1974 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on October 23, 1974, by the following aye and no vote: AYES: Councilmen De Luz, Farias, I'ujii, Hisaoka, Yadao and Chairman Yamada - 6. NOES: None. ABSENT AND EXCUSED: Councilmen Carpenter and Kawahara - 2. COUNTY CLERK COUNTY OF HAWAII OKD1i.:.LV(:t. NO. 86 (Bill No. 84-1974) AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 11, HAWAII COUNTY CODE, CONCERNING THE ESTABLISHMENT, MANAGEMENT, AND FUNCTIONS OF ANIMAL POUNDS. Date Approved: December 18, 1974 Date Effective: January 2, 1975 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on December 18, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Levin, Yad,so and Chairman Yamada - 8. NOES: None. °~~ ~ , 1 COVNTV C~(~~ ~ T ~~TTAYLISN~ b11NT1 NT. ANO FUND TION FAN 6A ONE gA/yp~rfovW: ~~!1Ibf IA, 1N< '. Otll~"/(cNM~ IrNlllrT S•,1Yif : Ju w! rla ena.ne'.a.: AYES: ClMUIeMn EyrWnlFr. DDqq LuL FWH, NlNalu, KlwNlxl, lF+il,' Y!U!! rW CMIMUII Y~n1igF-t:: '- NOES: NMN.~ ' R.S. ftlbP ' GOUNTV OF NAM'AIttE~~ (M-NawNl TQW~y~NbNq: Jln. 6, B7f.1 f // ~) ~~ .~ ~'~~f.w " ~ , ~ / _~~~~.~1.,~~.- DEPUTY COUNTY CX.ERK .' COUNTY OF HAWAII- OFFICE INFORMATION ONI:.Y Meeting: November 2'i, 1974 (PwC) Action: Defer. Re: 8i 11 84 OF~`IGE INFOSMATION ONLY `Meo~i+~; November 13,. 1974 (PWC) Aaeien: Defer . $e. Bill $4 h ~~ C. o ~~ \I~n r .p!;~~ OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96740 November ~, 197$ Refer: 13:L11 84 TO' SECR23'1'ARY 'P(l COUNCIL COMNNITTTEES Re: Amendment to Chapter 3, E~rticle 11 -Animal Pounds The following is the action of the Hawaii County Council adopted at its meeting held- today , Referred back to Yublie Works Corcunittee. COUNTY CLERK h l 1 ~:?,. ~i.c~ " Tad T. Suzuki ~ `-'_!'" COUNTY CLERK, -_ Robert Shioji DEPUTY COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 9b7Z0 Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. ~4 passed by the County Council on second and final reading. COUNTY CLERK Encl. Dated: GEG 1 .; 1974 'cf