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HomeMy WebLinkAboutORD 1980-510 1976-1980 k BILL No. 532 (Amended ) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE I~~ ~g~ AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF THE HAWAII COUNTY CODE, TO REPEAL ARTICLE 11, CHAPTER 3, AS AMENDED, RELATING TO ANIMAL POUNDS, BY THE ADDITION OF A NEW ARTICLE, RELATING TO ANIMAL CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article 11, Chapter 3, as amended, of the Hawaii County Code, relating to animal pounds, is hereby repealed. SECTION 2. Article 11, Chapter 3, as amended, of the Hawaii County Code, is amended to add a new article to read as follows: "ARTICLE 11 ANIMAL CONTROL. Section 11.01 Definitions. As used in this article: (a) 'Animal' does not include dogs and cats. (b) 'Stray' shall mean 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. (c) 'Sterilized dog' shall mean a spayed female dog and a neutered male dog. Section 11.02 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 other duly authorized officer may seize and impound such animal for such period of time as may be deemed necessary; provided that the owner or keeper shall first be notified to remove the animal. (b) Upon failure or refusal of the owner or keeper to remove the animals after notice, or if the owner or keeper is unknown, the animals may be seized and impounded by the police. The owner or other person having the control or possession of the animals prior to their seizure shall pay not more than One Dollar and Fifty Cents ($1.50) for each animal for the expense of seizing and impounding the animal. 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 (48) 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. Section 11.03 Failure to Remove; Penalty. In addition to the charges and/or damages in Section 11.02, the owner of 2. 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 (24) hours thereof, shall be guilty of a violation of this ordinance and upon conviction thereof shall be fined not more than One Hundred Dollars ($100). Section 11.04 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 (b) Have the animal's owner located, or (c) Notify the police department or humane society. Section 11.05 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. (c) Violates the provisions of Section 711-1109, Hawaii Revised Statutes. There shall be a penalty of Twenty-Five Dollars ($25) for each violation of this section. Section 11.06 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, 3. 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. Section 11.07 Direction, Control and Administration of Pound. Each pound shall be under the direction, control and administration of the Hawaii Island Humane Society, Society for Prevention of Cruelty to Animals or the West Hawaii Humane Society, which shall, in addition to the duties provided in Section 11.06, feed and shelter the dogs, cats and small domesticated animals in their care pursuant to Chapter 143, Hawaii Revised Statutes. Section 11.08 Power to Seize and Impound Dogs, Cats and Small Domesticated Animals. The Hawaii Island Humane Society and the West Hawaii Humane Society, eleemosynary corporations organized and existing under and by virtue of the laws of this State, are authorized to seize and impound any dog, cat or other small domesticated animal, which 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, Hawaii Revised Statutes. Section 11.09 Enforcement by Deputized Special Officers. The Chief of Police is 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. 4. Section 11.10 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 Hawaii Island Humane Society and the West Hawaii Humane Society. The Council, however, shall from time to time make such appropriations to assist these societies as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities delegated under this article. Section 11.11 Agreement between County and Society Required. An agreement containing, but not limited to, the extent of services rendered or to be rendered by each society and methods of reporting and accounting shall be entered into between each society individually and the County before any payments may be made to the societies under the terms of this article. Section 11.12 Annual Report Required. Each 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 (1) month after the end of each fiscal year. Section 11.13 Control of Pound by Society. Any society charged with the responsibility of operating a pound shall have full and complete control over the administration, maintenance and operation of the pound. Such society shall not be viewed as an agent or employee of the County due to the County's establishment and maintenance of controls to 5. assure that public funds distributed to the society are being spent for public purposes. Section 11.14 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 Hawaii Island Humane Society and the West Hawaii Humane Society for use in pound functions in accordance with Section 5-3.3(k) of the Hawaii County Charter. These societies shall not sell, exchange or dispose of the transferred facilities, equipment and supplies without the written approval of the Council. (b) Should any society cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of sixty (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, Section 11.15 Indemnification to County. The societies 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. 6. Section 11.16 License Fees for Dogs. The following fees are hereby established as annual license fees for the privilege of owning, harboring or keeping of dogs in the County: Sterilized dogs $1.00 Unsterilized dogs $3.00 Section 11.17 Proof of Sterilization of Dogs. 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 doq and certifying its sterilization. Section 11.18 Seizure of Dogs by Officers. A. Seizure of Unlicensed Dogs. 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 (48) 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 Five Dollars ($5). 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. The owner of any unlicensed dog impounded and not claimed within forty-eight (48) hours as provided in this section, may redeem the dog at any time before sale or destruction of same by paying to the officer, in addition to the amount of the license and impoundment fee, the sum o£ 7. Two Dollars ($2) per day for the number of days over two (2) days the dog was impounded. Of the moneys 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. B. Seizure of Licensed Stray Dogs. Every officer shall seize and impound any licensed stray dog. 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 (48) hours thereafter, release the dog to the person upon payment of an impoundment fee of Five Dollars ($5). If no person lawfully entitled to the dog shall, within seven (7) days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the dog warden. The owner of any licensed dog impounded and not claimed within forty-eight (48) hours may redeem the dog at any time before the sale or destruction of the dog by paying to the dog warden, in addition to the Five Dollars ($5) impoundment fee, the sum of Two Dollars ($2) per day for the number of days over two (2) days the dog was impounded. All moneys collected shall be retained by the warden to defray costs of collecting, keeping and feeding the dog. Section 11.19 Seizure of Stray Dogs by Persons Other than Officers. Every person other than an officer as defined hereinabove who takes into possession any stray dog shall within forty-eight (48) hours notify the dog warden and release the dog to the dog warden to be impounded and disposed of according to Section 11.18. 8. Section 11.20 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 (30) 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 One Dollar ($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, Section 11.21 Female Dogs. Any female dog in season (heat) 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. At all other times, 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. A penalty of Ten Dollars ($10) shall be imposed upon the owner or keeper of a dog for permitting a female dog in season to run at large or be off the premises of the owner or keeper. Section 11.22 Noisy Dogs. No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously and/or incessantly 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; provided, however, that 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 9. which teased or provoked the dog. Such action is declared to be a public nuisance and detrimental to the public health and welfare. Section 11.23 Advise Owner of Noisy Dog; Notify Police Department upon Failure to Abate. A• AnY person disturbed by a noisy dog shall advise the owner or custodian who keeps such dog of this fact. If the nuisance is not abated, the person shall 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. ~• There shall be a penalty of Ten Dollars ($10) for violations of Sections 11.22 and 11,23. Section 11.24 Harboring, Holding for Reward or Licensing of Strayed or Stolen Dogs. Except as otherwise provided, no person shall harbor or hold for reward or procure a license far 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. There shall be a penalty of Ten Dollars ($10) for each violation of this section. Section 11.25 Injuring or poisoning Dogs. No person shall wilfully or negligently injure or poison any dog. Section 11.26 Dangerous Dogs May be Slain. If any dangerous, fierce or vicious doq 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 10. perform any duty under this chapter. Notwithstanding any provision to the contrary which may be found elsewhere in this chapter, where livestock have been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of such livestock or his agent, after being deputized as a special officer in accordance with the provisions of Section 11.09, 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. Section 11.27 Places Prohibited to Animals, Including Dogs and Cats. It shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or in arms, on or about any bathing beach 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. Section 11.28 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 (6) feet. long; provided, however, that these restrictions shall. not apply to dogs utilized by police for patrol or other police purposes. Section 11.29 Penalty for Permitting a Dog to Stray. In addition to the penalties listed above, the owner of any animal which strays upon any public lands or the private lands of another shall be fined Ten Dollars ($10). 11. Section 11.30 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 said 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 such 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 such 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 Ten Dollars ($10) for violations of this section. Section 11..31 Reference to Hawaii State Law. In construing this chapter and providing for the control of animals in the County of Hawaii, reference shall be made to the Hawaii Revised Statutes, including, but not limited to: Part III of Chapter 142, HRS: Fences and Trespasses by Animals Section 142-74 HRS: Liability of dog owner; penalty Section 663-1 HRS: Torts, who may sue and for what Section 142-96 HRS: Frightening animals; penalty 12. Sections 187-12 - 14 HRS: Predators and destructions of predators Section 142-97 HRS: Wild cattle through street; penalty SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. Date of Introduction: Date of Adoption: Effective Date: INTRODUCED BY: r+ ~ COUNCIL MEMBER, COUNTY p HAWAII October 17, 1979 December 19, 1979 January 7, 1980 13. Hilo, Hawaii n~•~.. n..t-r,t,o,- i ~ i 4~4 1'IRST RF.ADiN6 _ AYE$ NOES A/F. Dahlberg X pomingo X FuJII X Garcia X Kawahara X Lai X Sameshima X Tajiri X Ch7. Yamashiro - - X 7 O i'ublitatinn Date. ~c~ ~~ cl ~s~rn Hilo, Hawaii Date: December 19. 1979 SFCQND & FiNAI READING AYES NOES A/E Dahlberg X Domingo X Fuiil X Garcia X Kawahara X - Lai X Sameshima X TaJlri Chr. Y_ amashiro _ X X L 9 _0 _ 0 Publication Date. Mee do hereby certify chat the foregoing 811.1. was adapted by fhe County Council and rubiished as indicated above. An,,,-.~;.... ,~ ... ~'/ ~r'~ r ~ ~~ 4 ~r I u-r Lpa~e . _ Mayor, County cf ! is--L-~___day of Council Chairroon _ 2~~i~c/rte. ~-~~lc~_ - Dj'~ County Clerk Bill rJa__.532~E1MENDED~__ M.B. No. _._- -_.__-- -F~ Bill No. 532 - 1979 AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF THE HAWAII COUNTY CODE, TO REPEAL ARTICLE 11, CHAPTER 3, AS AMENDED, RELATING TO ANIMAL POUNDS, BY THE ADDITION OF A NEW ARTICLE, RELATING TO ANIMAL CONTROL. This Bill. repeals Article 11, Chapter 3, as amended, relating to animal pounds, by the addition of a new article, relating to animal control. Date Introduced: October 17, 1979 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 17, 1979, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 7. NOES: None. ABSENT & EXCUSED: Councilmen Fujii and Garcia - 2. ~. ~. / COUNTY CL K COUNTY OF HAWAII R. B. Legasni COUNTY CLERK; ~<~~H /o~J ~a 4.aslY~ tif+~^) CN~o ~ ~~Y \ p ,~•` a., O F_ ~~ ^FFICE OF THE COUNTY CL~F.K COUNN ^F HAWAII HILO, HAWAII 9ti7'I'.O December 19, 1979 Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI Yasuki Nrolcuki DEPUIY COUNTY CLERK Harry A. Takahashi LEGISLAI I V F !W DITOR I hereby transmit ordinance 13111 No. 532, as amended passed by the County Council on second final reading. ~//COUNTY CLERK Encl. Dated: December 19, 1979 ORDINANCE NO. 510 (Bill No. 5.32-1979) (Amended) AN ORDINANCE AMENDING ARTICLE 11., CHAPTER 3, AS AME THE HAWAII COUNTY CODE, TO REPEAL ARTICLE 11, CHAPTERED; OF AS AMENDED, RELATING TO ANIMAL, POUNDS, BY THE ADDITION OF A NEW ARTICLE, RELATING TO ANIn1AL CONTROL. Date Approved: December 19, 1979 Date Effective: January 7, 1980 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 19, 1979, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9, NOES: None. ABSENT & EXCUSED: None. ~, <'~~: 'i COUNTY C.LER~ COUNTY OF HAWAII lh • t OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96710 December 19, 197 Refer: Rill. 532/ PFJC-167 To: rnr. Stephen ~. Bess Corporation Counsel Re: Animal Conntrol The following is the action of the Hawaii County Council adopted at its meeting held today Approve and adopt Conu?littee on Qublic tNOrks Report No. 167. pEp~ COUNTY CLERK cc n P~tayor Niatayoshi F(awaii Inland Humane Society P(_t!r°-/F7 tiest Hawaii Humane Society Report No. - Police Dgpartment r'?e :>;D. •••••--••••-- Ad floc ConLmittee on Animal Control r:f. i3. rlo.._........_.__.___..._.._ Date: ........_.4Y 3..5r....1..~1..~i~7~ REPOkT 0~ TAE COi'ilr~I T1 EE OfJ PUBLIC I~'ORKS December 12, 1979 Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public .Works to which was referred: Bill 532: ANIMAL CONTROL Amending Article 11, Chapter 3, as amended, Hawaii County Code, repealing Article 11, Chapter 3, as amended, relating to animal pounds, by the addition of a new article, relating to animal control; (Intr. by: Mr. Fujii) recommends Bill No. 532 be amended in the following manner: (1) Amend Section 11. 04 (c) to read, "(c) Notify the police department '[•] or humane society." (2) Amend Section 11.18 (A) to read, "A. Seizure of Unlicensed Dogs. Every officer shall seize any unlicensed dog found runni~ig 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[, even though tied within the owner's lot,] and confine it in a pound or any suitable enclosure...." (3) Amend Section 11.23 by adding "C. Ten Dollars ($10.00) for violatio re shall be a penalty of Sections 11.22 and 11.23." (4) Amend Section 11.28 to read, "Section 11.28 Leash Required for Public Places. No person shall bring or permit any slog in any County park, public [playground] school ground or airport unless it is held under control..." P?n~-167 Page 2 December 12, 1979 Bill 532 (continued) (5) Amend Section 11.29 to read, "Section 11.29 Penalty for Permitting a dog to stray. ]:n addition to the penalties listed above, the owner of any animal which strays upon any public lands or the priveite lands of another shall be fined [in accordance with the following schedule: First Offense Warning Second Offense $ 5.00 fine Third Offense $15.00 fine Fourth Offense and $15.00 plus $10.00 for each Additional Offenses additional offense] thereafter Ten Dollars ($10.00), (6) Amend Section 11.30 by adding "C. There shall be a penalty of Ten Dollars ($10.00) for violations of this section." (7) Renumber Section 4, Section 5. "Section 4. In the event that. is declared invalid, such inva other parts of this ordinance. Section 4 shall read, y portion of this ordinance dity sha].1 not: affect the further recommends Council approve and adopt Bill 532, as amended, on second and final reading. HAk'AII COUN T"Y COUNCIL - HILO, gAWAII I DO HcRESY CF.RT'IrY that the foregoing Committee Report vas adopted bX the Council of the County of Har.~aii. o^ _'~~~ "s ~+ jy Arresr: -, a y COh'd'IITTEE ON PUBLIC 'r10RKS Q~~&__S_ Le ;.3 .Pi S+ephen R. 1'am~shiro I ]67 REf ORT N0. _ _ _ C0131TY' CLFP.f: CG L'N CIL CHA i;:?7.4H ~ C nt BILL No. 532 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF THE HAWAII COUNTY CODE, TO REPEAL ARTICLE 11, CHAPTER 3, AS AMENDED, RELATING TO ANIMAL POUNDS, BY THE ADDITION OF A NEW ARTICLE, RELATING TO ANIMAL CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article 11, Chapter 3, as amended, of the Hawaii County Code, relating to animal pounds, is hereby repealed. SECTION 2. Article 11, Chapter 3, as amended, of the Hawaii County Code, is amended to add a new article to read as follows: "ARTICLE 11 ANIMAL CONTROL. Section 11.01 Definitions. As used in this article: (a) 'Animal' does not include dogs and cats. (b) 'Stray' shall mean 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. (c) 'Sterilized dog' shall mean a spayed female dog and a neutered male dog. Section 11.02 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 other duly authorized officer may seize and impound such animal for such period of time as may be deemed necessary; provided that the owner or ke<=_per shall first be notified to remove the animal. (b) Upon failure or refusal of the owner or keeper to remove the animals after notice, or if the owner or keeper is unknown, the animals may be seized and impounded by the police. The owner or other person having the control or possession of the animals prior to their seizure shall pay not more than One Dollar and Fifty Cents ($1.50) for each animal for the expense of seizing and impounding the animal. 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 (48) 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. Section 11.03 Failure to Remove; Penalty. In addition to the charges and/or damages in Section 11.02, the owner of 2. 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 (24) hours thereof, shall be guilty of a viola- tion of this ordinance and upon conviction thereof shall be fined not more than One Hundred Dollars ($100). Section 11.04 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 (b) Have the animal's owner located, or (c) Notify the police department. Section 11.05 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. (c) Violates the provisions of Section 711-1109, Hawaii Revised Statutes. There shall be a penalty of Twenty-Five Dollars ($25) for each violation of this section. Section 11.06 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, 3. 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. Section 11.07 Direction, Control and Administration of Pound. Each pound shall be under the direction, control and administration of the Hawaii Island Humane Society, Society for Prevention of Cruelty to Animals or the West Hawaii Humane Society, which shall, in addition to the duties provided in Section 11.06, feed and shelter the dogs, cats and small domesticated animals in their care pursuant to Chapter 143, Hawaii Revised Statutes. Section 11.08 Power to Seize and Impound Dogs, Cats and Small Domesticated Animals. The Hawaii Island Humane Society and the West Hawaii Humane Society, eleemosynary corporations organized and existing under and by virtue of the laws of this State, are authorized to seize and impound any dog, cat or other small domesticated animal, which 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, Hawaii Revised Statutes. Section 11.09 Enforcement by Deputized Special Officers. The Chief of Police is 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. 4. Section 11.10 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 Hawaii Island Humane Society and the West Hawaii Humane Society. The Council, however, shall from time to time make such appropriations to assist these societies as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities delegated under this article. Section 11.11 Agreement between County and Society Required. An agreement containing, but not limited to, the extent of services rendered or to be rendered by each society and methods of reporting and accounting shall be entered into between each society individually and the County before any payments may be made to the societies under the terms of this article. Section 11.12 Annual Report Required. Each 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 (1) month after the end of each fiscal year. Section 11.13 Control of Pound by Society. Any society charged with the responsibility of operating a pound shall have full and complete control over the administration, maintenance and operation of the pound. Such society shall not be viewed as an agent or employee of the County due to the County's establishment and maintenance of controls to 5. assure that public funds distributed to the society are being spent for public purposes. Section 11.14 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 Hawaii Island Humane Society and the West Hawaii Humane Society for use in pound functions in accordance with Section 5-3_3(k) of the Hawaii County Charter. These societies shall not sell, exchange or dispose of the transferred facilities, equipment and supplies without the written approval of the Council. (b) Should any society cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of sixty (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. Section 11.15 Indemnification to County. The societies 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. 6. Section 11.16 License Fees for Dogs. The following fees are hereby established as annual license fees for the privilege of owning, harboring or keeping of dogs in the County: Sterilized dogs $1.00 Unsterilized dogs $3.00 Section 11.17 Proof of Sterilization of Dogs. 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. Section 11..18 Seizure of Dogs by Officers. A. Seizure of Unlicensed Dogs. 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, even though tied within the owner's lot, and confine it in a pound or any suitable enclosure far a minimum period of forty-eight (48) hours, during which time it shall be subject t_o redemption by its owner by payment of the license due, if any, and an impoundment fee of Five Dollars ($5.00). 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. The owner of any unlicensed dog impounded and not claimed within forty-eight (48) hours as provided in this section, may redeem the dog at any time before sale or destruction of same by paying to the officer, in addition to the amount 7. of the license and impoundment fee, the sum of Two Dollars ($2.00) per day for the number of days over two (2) days the dog was impounded. Of the moneys 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. B. Seizure of Licensed Stray Dogs. Every officer shall seize and impound any licensed stray dog. 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 (48) hours thereafter, release the doq to the person upon payment of an impoundment fee of Five Dollars ($5.00). If no person lawfully entitled to the dog shall, within seven (7) days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the dog warden. The owner of any licensed dog impounded and not claimed within forty-eight (48) hours may redeem the dog at any time before the sale or destruction of the dog by paying to the dog warden in addition to the Fi-ve Dollars ($5.00) impoundment fee, the sum of Two Dollars ($2.00) per day for the number of days over two (2) days the dog was impounded. All moneys collected shall. be retained by the warden to defray costs of collecting, keeping and feeding the dog. Section 11.19 Seizure of Stray Dogs by Persons Other than Officers. Every person other than an officer as defined hereinabove who takes into possession any stray dog shall within forty-eight (48) hours notify the dog warden and 8. release the dog to the dog warden to be impounded and disposed of according to Section 11.18. Section 11.20 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 (30) 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 One Dollar ($1.00) per day for the number of days from the date of sale to and including the date of redemption, plus bona fide veterinary expenses. Section 11.21 Female Dogs. Any female dog in season (heat) 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. At all other times, 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. A penalty of Ten Dollars ($10.00) shall be imposed upon the owner or keeper of a dog for permitting a female dog in season to run at large or be off the premises of the owner or keeper. Section 11.22 Noisy Dogs. No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously and/or incessantly 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; provided, however, that 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 9. 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. Section 11.23 Advise Owner of Noisy Dog; Notify Police Department upon Failure to Abate. A. Any person disturbed by a noisy dog shall advise the owner or custodian who keeps such dog of this fact. If the nuisance is not abated, the person shall 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. Section 11.24 Harboring, Holding for Reward or Licensing of Strayed or Stolen Dogs. 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. There shall be a penalty of Ten Dollars ($10.00) for each violation of this section. Section 11.25 Injuring or Poisoning Dogs. No person shall wilfully or negligently injure or poison any dog. Section 11.26 Dangerous Dogs May be Slain. 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 10. perform any duty under this chapter. Notwithstanding any provision to the. contrary which may be found elsewhere in this chapter, where livestock h<~ve been killed, maimed or injured by any dangerous, fierce or vicious stray dog, the owner of such livestock or his agent, after being deputized as a special officer in accordance with the provisions of Section 11.09, 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. Section 11.27 Places Prohibited to Animals, Including Dogs and Cats. It shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or in arms, on or about any bathing beach 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. Section 11.28 Leash Required for Public Places. No person shall bring or permit any dog in any County park, public playground or airport unless it is held under control by a suitable leash, not more than six (6) feet long; provided, however, that these restrictions shall not apply to dogs utilized by police for patrol or other police purposes. Section 11.29 Penalty for Permitting a Dog to Stray. In addition to the penalties listed above, the owner of_ any animal which strays upon any public lands or the private lands of another shall be fined in accordance with the following schedule: 11. First Offense Warning Second Offense $5.00 fine Third Offense $15.00 fine Fourth Offense and $15.00 plus $10.00 for each Additional Offenses additional offense thereafter Section 11.30 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 sai~9 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 ec9ges or curbs of such 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 such animal in a bag, wrapper or other container and dispose of the same all in a sanitary manner. Section 1.1.31 Reference t:o 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: 12. Part III of Chapter 142, HRS: Fences and Trespasses by Animals Section 142-74 HRS: Section 663-1 HRS: Section 142-96 HRS: Sections 187-12 - 1 Section 142-97 HRS: Liability of dog owner; penalty Torts, who may sue and for what Frightening animals; penalty 4 HRS: Fredators and destructions of predators Wild cattle through street; penalty SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ ~~ Hilo, Hawaii COUNCIL MEMBER, CO TY OF HAWAII Date of Introduction: Date of Adoption: Effective Date: October 17, 1979 13. Part III of Chapter 142, HRS: Fences and Trespasses by Animals Section 142-74 HRS: Section 663-1 HRS: Section 142-96 HRS: Sections 1.87-12 - 14 Section 142-97 HRS: SECTION 3. Material Liability of dog' owner; penalty Ports, who may sue and for what Frightening animals; penalty HRS: Predators and destructions of predators Wild cattle through street; penalty to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscorina need not be included.. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: I ~I"YV~.C.O T COUNCIL MEMBER, COU Y OF HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: October 17, 1979 13. ~~;__. HERBERT T. MATAYOSHI tv °o'r ®, MAVOR ~ ll \ \9 55 •*6 ~~p~H ~, COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPU NI STREET HILO, HAVygll 9fi~20 October 17, 1979 Honorable Stephen K. Yamashiro Chairman, Hawaii County Council. County of Hawaii Hilo, HI 96720 Dear Mr. Yamashiro: Re: Public Works Report No. 141, as amended Animal Control Ordinance Pursuant to your request, we submit the enclosed proposed ordinance relating to animal control for your consideration. Yours very truly, ~' -~ / STEPHEN G. BESS - Corporation Counsel STEPHEN G. BESS CORPORATION COUNSEL TELEPHONE NO. 9q1-8251 SGB:pa Enclosure OFFICE INFORMATION ONLY Meeting: Action: October 17, 1979 Approve & adopt Bill on 1st reading b refer back to PWC for public hearings. ge; Bill 532 ~'-/ c RE~~ERRED/ROUTED T0. REMARKS: Gle- 1 ~,._ ~ ~. HERBERT T. MATAYOSHI Mayor A~r~,„ ~ • x F COUNTY OF HAWAII DEPARTMENT OF FINANCE 25 Aupuni Street Hilo, Hawaii 96720 November 16, 1979 County Council County of Hawaii Hilo, Hawaii STANLEY A. NAKAMAE Director of Finance The enclosed ordinance 'bill proposes to do the following: 1. Consolidate the two issues of $2,000,000 and $5,500,000. 2. Authorize issuance of 'bond anticipation notes in lieu of general obligation bonds. Your prompt action on this bill will be appreciated. Stanl Nakamae Director of Finance Encl. cc: Corporation Counsel (w/o enclosure) APPROVED: ~~ ~ Mayor Bill No. COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 482 OF THE COUNTY OF HAWAII ADOPTED ON OCTOBER 17, 1979, TO PROVIDE AN INCREASE IN THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AUTHORIZED BY SAID ORDINANCE NO. 482, ~ EXPAND THE APPLICATION OF THE PROCEEDS OF SAID BONDS, TO AUTHORIZE THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SAID BONDS, AND TO PROVIDE FOR THE SALE OF SAID BONDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The title to Ordinance No. 482 of the County of Hawaii adopted on October 17, 1979, and which became effective on October 25, 1979, ("Ordinance No. 482") is hereby amended by deleting $5,500,000 where it appears in said title and inserting in lieu thereof $7,500,000 so that the title shall read as follows: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII: FIXING THE FORM, DENOMINATION AND CERTAIN OTHER FEATURES OF SUCH BONDS, AND PROVIDING FOR THEIR SALE: AND AUTHORIZING THE ISSUANCE AND SALE OF A LIKE AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SAID BONDS." SECTION 2. Section 1 of Ordinance No. 482 is amended by deleting $2,000,000 where it appears in said section and inserting in lieu thereof $7,500,000, so that said section reads in its entirety as follows: "SECTION 1. There are hereby authorized for issuance and sale general obligation bonds of the County of Hawaii in the principal amount of $7,500,000, the proceeds derived from the sale of which shall be used to finance the various public improvements authorized herein." SECTION 3. A new section shall be added to Ordinance No. 482 and shall be numbered Section 5. The new Section 5 shall read as follows: "SECTION 5. General obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in anticipation of the issuance and sale of the general obligation bonds authorized herein. The issuance and details of the notes shall. be governed by the provisions of Section 47-2.2, Hawaii Revised Statutes, as amended, Bonds in anticipation of which bond anticipation notes are issued pursuant to this section may be issued and sold in accordance with the provisions of this ordinance at any time within five years of. the date of issuance of the first notes issued in anticipation of such Bonds." SECTION 4. Section 5 of Ordinance No. 482 is replaced in its entirety by the following and re-numbered as Section 6: "SECTION 6, All or any portion of the proceeds derived from the sale of the Bonds, or. any notes issued in anticipa- tion of the Bonds, shall be used to pay all or part of the cost of any appropriation for any project authorized herein, provided that the proceeds or any portion thereof shall not be used so as to exceed as to any project authorized herein the amount which equals the amount of unlapsed appropriations which may be financed from the proceeds of general obligation bonds and which have not been financed from such proceeds or from other moneys. The County of Hawaii hereby covenants with the holders from time to time of the Bonds and the notes authorized herein, that so long as any Bonds or notes shall be outstanding no use of the proceeds thereof shall be made which, if such use had been reasonably expected on the date of issue thereof, would have caused such Bonds or Notes to be "arbitrage bonds," as defined in subsection (c) (2) of Section 103 of the U. S. Internal Revenue Code of 1954, subject to treatment under subsection (c) (1) of said Section 103, and to that end the County shall comply with the ~spplicable regulations of the Internal Revenue Service adopted under subsection (c) - 2- ~'VAYNE C. METCALF III ATTORNEY AT LAW 297 WAIANUENUE AVE. HILO, HAWAII 96720 ,~ ~, f r~T QAS: ~,ini 1-~ iNrEk oFki~_~ Foe Mr. Hzrry Takahashi Legislative Auditors Office County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 onre 11/20/79 SUBJECT: Bond Anticipation notes Attached please find Ordinance 482 with a new Section 5 and appropriate amendments to Section 6 to provide for interim financing and contemplation of bond sales for the project specified therein. Note: the original Section of the amended bill now becomes Section 6 and the re-numbered bill now contains 11 sections instead of 10. Flhen the final draft of the bill is prepared be sure to see that the correct numbering sequence is followed. If you have any further questions, :please don't hesitate to contact me. SIGNED rio~ a .sE -t,ls o<ta~ME9 LG1/(Q~k~,"P/L IETTER Tt SAVE iIMC !ype n w,~n, yon, lei, ~ m, ,~,n« below. min ~,~~ she wim~~copy to us and keep he plnk copy foi y,.ur Ides you u_ me and effort, oid we'll have your nnsw ~_, much fosrerl Thank you. DATE ~ ~-~' ~ 7J tC~at! z~-f" ~E1 ~ ~s ~ u-~~~='L[.~,-~i ~t z ~ mss, a ~-z~. /• c~'iCL~'GL'Li ~,~. ~/~Cc~~c 7.~ / / i ~~ /Zt,"Gctif K~T icdy~~j e o/ti~et2et<~ C+-reL-„ ~ /~ ~%a-l~ ~-r2 SIGNED PFi1RUEP FOgM No, g2]62L SrJ UPY-TiMEflS, gllmlown, Pa 19001 Bill No. ~- COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINE.PICF, AMENDIAIG ORDINANCE NO. 482 OF THE COUNTY OF HAWAII ADOPTED ON OCTOBER 17, 1979, TO AUTI3O.RIZE THE ISSUANCE AND SALE OF GEPdERAL OBLIGAT2O2Q BOND ANTICIPATION NOTES It7 ANTICIPATION OF THE ISSUANCE AND SALE OF BONDS AUTHORI7,ED IN SAID ORDINANCE NO. 482, AND TO PROVIDE FOR THE SALE OF SAID BONDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAI9AII: SECTION 1. A new section shall be added to Ordinance No. 482 and shall be numbered Section 5. The new Section 5 shall read as follows: "SECTION 5. General obligation bond anticipation notes are= hereby authorized for issuance and sale by the Director of Finance in increments not to exceed 1,000,000 each, in anticipation of the issuance and sale of the general obligation bonds authorized in Sections 8 & 9 herein. The issuance and details of the notes shall be governed by the provisions of Section 47-2.2, Hawaii Revised Statutes, as amended, Bonds in anticipation of wYiich bond anticipation notes are issued pursuant to this section may be issued and sold in accordance with the provisions of this ordinance at any time within five years of the date of issuance of the first notes issued in anticipation of such Bonds." SECTION 2. Section 5 of Ordinance No. 482 is replaced in its entirety by the following and re-numbered as Section 6: "SECTION 6, All or any portion of the proceeds derived from the sale of the Bonds, or any notes issued in anticipation of the Bonds, shall be used to pay all or part of the cost of any appropriation for any project authorized herein, provided that the proceeds or any portion thereof shall not be used so as to exceed as to any project authorized herein the amount which equals the amount of unlapsed appropriations which may be financed from the proceeds of general obligation bonds and which have not been financed from such proceeds or from other moneys. The County of Hawaii hereby covenants with the holders from time to time of_ the Bonds and the notes authorized herein, that so long as any Bonds or notes shall be outstanding no use of the proceeds thereof shall be made which, if such use had been reasonably expected on the date of issue therof, would have caused such Bonds or Notes to be °'arbitrage bonds," as defined in subsection (c) (2) of Section 103 of the U. S. Internal Revenue Code of 1954, subject to treatment: under subsection (c) (1) of said Section 103, and to that end the County shall comply with the applicable regulations of the Internal Revenue Service adopted under subsection (c) requirements of Section 103 (c) of the U. S. Internal Revenue Code of 1954, as amended, and the applicable regulations of the Internal Revenue Service adopted thereunder." SECTION 3. Section 6 of Ordinance No: 482 shall be re-numbered as Section 7. SECTION 4. Section 7 of Ordinance No. 482 is amended by re-numbering the section to Section 8. SECTION 5. Section 8 of Ordinance No. 482 shall be re-numbered as Section 9. SECTION 6. Section 9 of Ordinance No. 482 shall be re-numbered as Section 10. -2- SECTION 7. Section 10 of Ordinance Pdo. 482 shall be re-numbered as Section 11. SECTION 8. This ordinance shall take effect upon its approval. INTRODUCED BY: Councilman, County of Hawaii Date of Introduction: Date of Adoption: Effective Date: -3- AMENDMENT - Bill No. 551 SECTION 3: "SECTION 5. General Obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance.....Bonds in anticipation of which bond anticipation notes are issued pursuant to this section [may] be issued and sold in accordance with the provisions of this ordinance at any time within [five] two years of the date of issuance of the first notes issued in anticipation of such Bonds." SECTION 4: "SECTION 6. All or any portion of the proceeds derived from the sale of the Bonds, or any notes issued in anticipation of [the] said Bonds, shall be [used to pay all or part of the cost of any appropriation For any project authorized herein,] expended in accordance with Section 7 of Ordinance No. 482, as amended herein, provided that the proceeds or any portion thereof-----" SECTION 6: SECTION 6. Section 7 of Ordinance No. 482 is [amended by deleting $5,500,000 where it appears in the section and inserting in lieu thereof $7,500,000, by adding the following project to be financed by the proceeds Prom the sale of the Bonds, and re-numbering the section to] replaced in its entirety by the following and re-numbered as Section 8: ~~c~rTThN 8 The proceeds :From the issuance and sale of ('enaral Oh s33tion Bonds of 'the Count, of Hawaii or a~ notes in anticipation of the Bonds in the principal amount of $7,500,000 shall be used for the sole purpose of financing those public improvements authorized and set forth in this section in accordance with their listed priority. (1) Waiakea Flood Control $ 800,000 (Ord. 443, FY 170-$6) Wai_akea Flood Control 200,000 (Ord. 586, FY 1973-74) (2) Waimea Road Improvements 350,000 (Ord. 943, FY 1979-80) (3) Hamakua Road and_Drainage Improvements 290,000 (Ord. 446. FY 1978-79 (4) Honokaa Munici al Parkin~Lot 1.50,000 Ord. 996, FY 1978-79) (5) Mamalahoa Highway Improvement }Ionalo 200,000 to Kainaliu (Ord. 443, FY 1979-80) (6) Hualalai Road Improvement 20000 Ord. 943, FY 1979-80 (7) Haili Street Improvement 300000 (Ord. 943, FY 1979-80 8 Kala ana S ur Road ~ ~ 70000 - -_ (Ord. 943, FY 1979-8~ (9) Geothermal & Related Industrial Development Ord. 360, FY 9 8-79) (a) Pahoa-Pohoiki Road Improvement 600,000 (10) Kainaliu Parking Lot Restroom 70,000 (Ord. 493, FY 1979=80) (11) Pahoa Park (Ord. 943, FY 1979-80) 100,000 1( 2) Hoolulu Multi-Pu~ose Complex 100,000 (Hilo Civic Auditorium Improvements - Plans and Construction (Ord. 360, FY 1978-79) (13) Hilo Civic Auditoriuun Electrical 20,000 Improvemept Ord. 943. FY 1979=80) (14) Old Carlsmith Property Park R_estroom 25,000 jOrd. 493 FY 1979-80 15 Kohala Fire Station Shed 20000 Ord. 943. FY 1979-80 i16) Ka'u Fire Station 150,000 (Ord. 443. FY ]979-80) (17) Kailua Police Station 350,000 (Ord. 943, FY 1979-80) -- (18) Kailua Villz~ e Improvement (Ord. 360, I'Y 1978-79) {a) Kuakini Highway Corridor Improvement 525,000 fib) Hualalai Road Signalization 75,000 ~c) Kailua--Kealakehe Sewerage 100,000 (d) Kailua Parking Lot 210,000 X19) Kaumana Park: (Ord. 403, FY 1979-80) 195,000 S20) Leleiwi Park: Improvements 25,000 (Ord. 968, FY 1979-8~ X21) Kukuihaele Park Improvements 90,000 Ord. 468, FY 1979-80) (22) Tm~rovemen~, to Hilo Streets 150,000 (Ord F~' 1977-78~ i23) Hoolulu A7ulti-Purpose Facility _185,000_ lord. 360. F'Y 1978-79) o_e Point Access Road 100,000 nts (Ord. 980, FY 1979-801 i25) South Kohala Water Development 2,000,000 (Ord. 906, FY 1978-79) 7.500,000 Bill No. 551 - 1979 ADOPTEDNONCOCTOBERI17,01979,~T0 PROVIDE AN INCREASETINOTHEAN7AII PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AUTHORIZED BY SAID ORDINANCE N0. 482, TO EXPAND THE APPLICATION OF THE PROCEEDS OF SAID BONDS, TO AUTHORIZE THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SAID BONDS, AND TO PROVIDE FOR THE SALE OF SAID BONDS. This Bill amends Ordinance 482 of the County of Hawaii adopted on October 17, 1979, to provide and increase in the principal amount of General Obligation Bonds authorized by said Ordinance 482, to expand the application of the proceeds of said Bonds, to authorize the issuance and sale of a like principal amount of General Obligation Bond Anticipation Notes in anticipation of the issuance and sale of said Bonds, and to provide for the sale of said Bonds. Date Introduced: December 4, 1979 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 reading at the meeting of the County Council by the following aye and no vote: passed first on December 4, 1979, AYES: Councilmen Dahlberg, Domingo, Fujii, Lai, Sameshima, Tajir and Chairman NOES: None. ABSENT & EXCUSED: None. ~. g. ~ COUNTY CL K COUD7TY OF AWAII Garcia, Kawahara, Yamashiro - 9• ENI Ne. 111 .Ills IAN ON DINANCE AMEN OINO OR OIHANCE N0. Nf OF TN! COUNTY OF NAWAaI ADORED OH OC TOEER IT. Rtf, TO PROVIDE AN INCREASE IN THE PRINCIPAL AMOUNT OF O HNlRAL OE LIGATION EON Df AUTHORIIID ET SAID OR~ DINAHCE N0. Nf, TO ^%MNO 'TH! AP FLIC ATION OF TN! PROC[EDS OF SAID 60NDS, TO AU TN ORIIE THE ISSU ANC! AND SALE OF A LIN! PRINCVAL AMOUNT OP GENERAL oeuonn oN EoeD AN~ TICIP ATION NOTES IN ANA TI[IPATION OF THE ISSUANCES AND SALE OF SAID EON OS, AND TO PROVID! FOR THE SALE OF sA1D eoaos. Tnlf tllll emnga OrtlINnO Nf W the COUnIY OI Newell etlOpletl On Onooer 11, Ill v, N ppvlga Fntl increesa In the pr Intl 011 emounl OI Goner el DOllp etlyn BOetlf eWhO rliM py se10 Or01n en0 lBi. l0 ea pe nq .Ihe eypllcetlon 01 the gpceeg101 feltl Bongs, Ip eYlhOrlu the Nfuente end fel• 01 ! Il ke q lnClpel amount 01 GeMrel Opllpellpn Bmtl AMICIW IIm Nptef In and is llfellyn of the IffueM•'entl seta of ae ltl BalOe, eIM ro pr ovl tle ror Ipe tole 01 felq Bpnm. Dole InUOquc etl'. Dian wr e. Iel e. COpIN Of Te b,e00111q 8111 In fV II, ere on ills IA ]he OIIIU el ipe County S I1f11 ORDINANCE NO. 511 (Bill No. 551-1979) (Amended) AN ORDINANCE AMENDING ORDINANCE NO. 482 OF THE COUNTY OF HAWAII ADOPTED ON OCTOBER 17, 1979, TO PROVIDE AN INCREASE IN THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOPdDS AUTHORIZED BY SAID ORDINANCE NO. 482, TO EXPAND THE APPLICATION OF THE PROCEEDS OF SAID BONDS, AND TO AUTHORIZE THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID BONDS. Date Approved: December 19, 1979 Date Effective: January 7, 1980 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 1.9, 1979, by the following aye and no vote: OROINAMCl NO. l11 uulN..,fl.lnn AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, IAmenaee) K h Tajiri and Sameshima L i AM ORDINANCE AMlNDINO awa ara, , a , OROIMANG! N0. 1U OP TH! man Y Chai amashiro - 9 COUNTY OP HAWAII ADOPTED r . oN ocroeeR v, nn, ro PMDVID6 AM INGR lAf! IN THE PRINCIPAL AMOUNT OF NOES: None OENl RAL 0lLIOATION 60X01 . AUTNORIZlD EY SAID OR. DINANC! NO. Ol, TO lNPANO rH^ APPLICATION oP THe p,BSENT & EXCUSED: None. PROC!!Df OF PAID lONOf. AND TO AUTHORIZ! THE ISSUANCE AND SALT OFALIK! PRINCIPAL AMOVHT OF OENl RAL DlLIOATION lOND AN. TICIPATION NOTl3 IN AN. TICIPATION OF TN! IffUANC! ANO lALB OF SAID lONDf. ~,~ Deb Approvetl'. Decem Der 19, ~~ :r 1919 Deb EMKIIn: Janue,y 1; 1980 COUNTY CL~RFC Cogro0l melorepolnp Ortllnence, b wu, ere pn me m me onme of m° COUNTY OF HAWAI I County Clark Ipr uee end aKemineflon 0y rM pugla 1 hKeby cerllly INal 1Ne be8olrq Ortllnenca peDetl fN9M am Ilnel rN01np al IM meellnp OI ma CW my Council an Dxembr 19, 19)9, by IN Ipllnwllp eye entl no vole: AYES: Councilmen DehIbKV, DRmlrg9, Full, Gertle, Kewehare. L91, Semrohlma. Teirl en0 Cne lrmen YemeMlro~9. . NDE3: Nma. ABSENT 6 E%[USED: None. R. E.LEGASPI County Clerk County 01 Mewell 1919-MewNl lrlpurw.NKnltl: Jen, Il, 1980.) . ,, BILL NO. 5`-'1 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 482 OF THE COUNTY OF HAWAII ADOPTED ON OCTOBER 17, 1979, TO PROVIDE AN INCREASE IN THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AUTHORIZED BY SAID ORDINANCE NO. 482, TO EXPAND THE APPLICATION OF THE PROCEEDS OF SAID BONDS, TO AUTHORIZE THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SAID BONDS, ARID TO PROVIDE FOR THE SALE OF SAID BONDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The title to Ordinance No. 482 of the County of Hawaii adopted on October 17, 1979, a.nd which became effective on October 25, 1979, ("Ordinance No. 48e:") is hereby amended by deleting $5,500,000 where it appears in said title and inserting in lieu thereof $7,500,000 so that the title shall read as follows: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII: FIXING THE FORM, DENOMINATION AND CERTAIN OTHER FEATURES OF SUCH BONDS, AND PROVIDING FOR THEIR SALE: AND AUTHORIZING THE ISSUANCE ANI) SALE OF A LIKE AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SA:CD BONDS." SECTION 2. Section 1 of Ordinance No. 482 is amended by deleting $5,500,000 where it appears in said section and inserting in lieu thereof $7,500,000, so that said section reads in its entirety as follows: "SECTION 1. There are hereby authorized for issuance and sale general obligation bonds of the County of Hawaii in the principal amount of $7,500,000, the proceeds derived from the sale of which shall be used to finance the various public improvements authorized herein," SECTION 3. A new section sha1:1 be added to Ordinance No. 482 and shall be numbered Section 5. The new Section 5 shall read as follows: "SECTION 5. General Obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in increments not to exceed 1,000,000 each, in anticipation of the issuance and sale of the general obligation bonds authorized in Sections 8 & 9 herein. The issuance and details of the notes shall be governed by the provisions of Section 47-2.2, Hawaii Revised Statutes, as amended, Bonds in anticipation of which bond anticipation notes are issued pursuant to this section may be issued and sold in accordance with the provisions of this ordinance at any time within five years of the date of issuance of the first notes issued in anticipation of such Bonds." SECTION 4. Section 5 of Ordinance No.482 is replaced in its entirety by the Following and re-numbered as Section 6: "SECTION 6. All or any portion of the proceeds derived from the sale of the Bonds, or any notes issued in anticipation of the Bonds, shall be used to ;pay all or part of the cost of any appropriation for any project authorized herein, provided that the proceeds or any portion thereof shall not be used so as to exceed as to any project authorized herein the amount which equals the amount of unlapsed appropriations which may be financed from the proceeds of general. obligation bonds and which have not been financed from such proceeds or from other moneys. -2- The County of Hawaii hereby covenants with the holders from time to time of the Bonds and the notes authorized herein, that so long as any Bonds or notes shall be outstanding no use of the proceeds thereof shall be made which, if such use had been reasonably expected on the date of issue thereof, would have caused such Bonds or Notes to be "arbitrage bonds," as defined in subsection (c) (2) of Section 103 of the U. S. Internal Revenue Code of 1954, subject to treatment under subsection (c) (1) of said Section 103, and to that end the County shall comply with the applicable regulations of the Internal Revenue Service adopted under subsection (c) require- ments of Section 103 (c) of the' U. S. Internal Revenue Code of 1954, as amended, and the applicable regulations of the Internal Revenue Service adopted thereunder." SECTION 5. Section 6 of Ordinance No. 482 shall be re-numbered as Section 7. SECTION 6. Section 7 of Ordinance No. 482 is amended by deleting $5,500,000 where it appears in the section anal inserting in lieu thereof $7,500,000, by adding the following project to be financed by the proceeds from the sale of the Bonds, and re-numbering the section to Section 8: "(25) South Kohala Water Development 2,000,000" (Ord. 406, FY 1978-79) SECTION 7. Section 8 of Ordinance No. 482 shall be re-numbered as Section 9. SECTION 8. Section 9 of Ordinance No. 482 shall be re-numbered as Section 10. SECTION 9. Section 10 of Ordinance No. 482 shall be re-numbered as Section 11. SECTION 10. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: December 4, 17/7 December 19, 1979 -3- ~ 211x/ SECTION 3. Anew section s, and shall be hall be added to Ordinance No. 482 numbered Section 5. The new Section 5 shall read as follows: "SECTIOiJ 5. General obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in increments not to exceed $1,000,000 each, in anticipation of the issuance and sale of the general obligation bonds authorized in Sections 8 and 9 herein. The issuance and details of the notes shall bE' governed by the provisions of Section 47-2,2 Hawaii Revised Statutes, as amended, Bonds in anticipation of which bond anticipation notes are issued pursuant to this section be issued and sold in accordance with the provisions of this ox•dinance at any time within two years of the date of issuance of the first notes issued in anticipation of such bonds." SECTION 4. Section 5 of Ordinance No. 482 is replaced in its entirety by the following and re-numbered as Section 6: "SECTION 6. All or any portion of the proceeds derived from the sale of the bonds . or any notes issued in anticipation of said Bonds, shall be expended in of Ordinance No. accordance with Section 7 482. as amended herein, provided that the proceeds or any portion thereof shall not be used so as to exceed as to any project authorized herein the amount which equals the amount of unlapsed appropriations which may be financed from the proceeds of general obligation bonds and which have not been financed from. such proceeds or from other moneys. "The County of Hawaii hereby covenants with the holders from time to time of the bonds and the notes authorized herein, that so long as any Bonds or notes shall be outstanding, no use of the proceeds thereof shall be made which, if such use had been reasonably expected on the date of issue thereof, would have caused such Bonds or Notes to be 'arbitrage bonds,' as defined in subsection (C) (2) of Section 103 of the U.S. Internal Revenue Code of 1954, subject to treatment under -2- 103, and to that end the subsection (c) (1) of said Section licable regulations of the shall comply with the app uire- County ted under subsection (c) req Internal Revenue Service adop of the it. S. Internal Revenue Code ments of Section 103 (c) licable regulations of the of 1954, as amended, and the app do ted thereunder." 482 shall be re-numbered Internal Revenue Service a SECTION 5. Section 6 of Ordinance No. No. 482 is replaced in its as Section 7• SECTION 6. Section 7 of Ordinance and re-numbered as Section 8a the following the issuance and sale entirety by roceeds from "SECTION 8. The p any of General obligation Bonds of the County of Hawaii or in the principal amount notes in anticipation of the Bonds the sole purpose of financing of $7,500,000 shall be used for in this those public improvements authorized and set forth accordance with their listed priority. $ 800,000 section in (1) Waiake4431oFa 1979x80) (Ord. 200,000 Waiakea F1oFd 1g73r74) (Ord. 586, 350,000 (2) Waimea Road Improvements (Ord. 443, FY 1979-$0) 240,000 (3) Hamakua Road and Drainage Improvements (Ord. 446, FY 1978-79) 150,000 (4) Honokaa Municipal Parking Lot (Ord. 446, FY 1978-79) 200,000 (5) Mamalahoa Highway Improvement, Honalo to Kainaliu (Ord. 443, FY 1979-80) 200,000 (6) Hualalai Road Improvement (Ord. 443, FY 1979-80) 300,000 (7) Haili StreeFYI1g79v80~nt (Ord. 443, 7p,000 (g) Kalapana SP FY 1979-80) (Ord. 443, _ 3-