HomeMy WebLinkAboutORD 1980-579 1976-1980BILL NO. 616
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. r 9
AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF
THE HAWAII COUNTY CODE, RELAT]:NG TO ANIMAL CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 11.01, Article 11, Chapter 3, as
amended, of the Hawaii County Code, is amended to read as
follows:
"(a) 'Animal' does not include dogs and cats.
[(b) 'Stray' shall mean an unlicensed dog or dog
with a license tag i`or 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.]
(b) 'Officer.' Unless otherwise specified in this
Article, 'officer' shall mean a~ employee of
the humane socie~ or any special officer
deputized by the Chief of Police to carry out
the provisions of this Article.
(c) 'Sterilized dog' sh+sll mean a spayed female
dog and a neutered male dog.
(d) 'Stray' shall mean either an unlicensed doq_ or
d~ with a license tam for the current year, a
cat or small domesticated animal wandering
or running at large, or found upon any public
highway, street, alley, court, lp ace, square
and grounds or found not. upon lands of the
owner or not under the charge or control of
one in possession.
(e) 'Vicious dog, shall mean a d~ which lp aces
a ep rson or other animal in imminent danger
of bodily injury. If a dog has bitten a~
ep rson or animal, such doh shall thenceforth
be deemed to be a vicious dog• A d~ shall
not be deemed to be vicious where the vicious
behavior in question is the result of the do~c
bein teased, tormented, or otherwise abused
the victim of the vicious behavior."
SECTION 2. Section 11.02, Article 11, Chapter. 3, as
amended, of the Hawaii County Code, is amended to read as
follows:
"(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] 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] that reasonable
attempts have first been made to notify the
owner or kee er of the animal to remove said
animal.
(b) [Upon failure or refusal of the owner or keeper
to remove the animals after notice, or] If reasonable
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attempts to notify the owner or keeper of the
animal are unsuccessful, if the owner or keeper is
unknown, or the owner or keeper refuses or fails
to remove the animal after notice, the animal[s]
may be seized and impounded by the police or a~
officer. The owner [or other person having
the control or possession of the animals prior
to their seizure] or keeper of the animal shall
pay [not more than One Dollar and Fifty Cents ($1.50)
for each animal for the expense of seizing and
impounding the animal] not less than Five Dollars
($5.00) for each animal that is seized and
impounded plus all additional costs incurred in
the removal and transportation of the animal,
and all costs for the feeding and care of each
animal, including, but: not limited to bona fide
veterinary expenses. If any damage is done by
the animals, the owner thereof shall pay to the
proper claimant the full amount of damage or
loss occasioned by the straying of the animals.
(c) In case the charges and fees are not paid,
or after forty-eight (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 4. Section 11.04, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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
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dogs and cats, shall:
(a) Stop, move the animal off the road, if possible,
and render aid where necessary, and immediately
(b) Have the animal's owner located, or
(c) Notify the Police Department or humane society.
There shall be a penalty of Ten Dollars ($10) for each
violation of subsection (b) or (c) hereinaboye,"
SECTION 5. Section 11.18, Article 11, Chapter 3 of the
Hawaii County Code is amended tc read as follows:
"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,] humane
society, in addition to the amount of the license and
impoundment fee, the sum of 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 impoundment fee or
kennel fees, if any shall be paid to the Director of Finance
as hereinafter provided.
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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] humane society.
The owner of any licensed dog impounded and not claimed
within forty-eight (48) hours ma.y redeem the dog at any time
before the sale or destruction of the dog by paying to the
[dog warden] humane society, 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.]
All impoundment and kennel fees collected ~ the humane
society in an ic~ven month shall be deposited b~ the humane
society no later than the fifth (5th) d~ of the following
month with the Finance Director to the credit of the Count
of Hawaii General Fund Account."
SECTION 6. Section 11.19, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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]
humane society and release the dog to the [dog warden]
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humane society to be impounded and disposed of according to
Section 11.18.
There shall be a penalty of Ten Dollars ($10) for each
violation of this section."
SECTION 7. Section 11.21, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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] when any dog is in season such
doh 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] for each violation of this section."
SECTION 8. Section 11.22, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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 for a period of ten (10)
minutes or barks, bays, cries, howls or makes a~ other
noise intermittently for a period of twenty (20) minutes
within a thirty-minute period of time to the disturbance of
any person at any time of day or night and regardless of
whether the dog is physically situated in or upon private
property; provided, however, that a dog shall not be deemed
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a noisy dog for purposes of this section if, at the time the
dog is barking or making any other noise, a person is
trespassing or threatening to trespass upon private property
in or upon which the dog is situated or for any other legitimate
cause which teased or provoked the dog. Such action is
declared to be a public nuisance and detrimental to the
public health and welfare.
There shall be a penalty of Ten Dollars ($10) for each
violation of this section."
SECTION 9. Section 11.23, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"Section 11.23 Advise Owner of Noisy Dog; Notify
Police Department upon Failure to Abate[.]_ Abatement of
Nuisance ~ Owner or Custodian.
[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.]
A. A~ person disturbed ~ a noisy do~C shall make all
reasonable attempts to advise the owner or custodian who
keeps such dog of this fact. If the person disturbed b~ a
noisy dock is unable to notify the owner or custodian of the
noisy do~C or, after notifying the owner or keeper, the
nuisance is not abated, the person m~ then notify the
Police Department.
B. The Police Department shall advise the owner or
custodian of the complaint and of the provisions of this
chapter prohibiting such violation. It shall be a
violation if the owner or custodian fails to abate the
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nuisance within one (1) hour after being advised ~ the
Police Department.
[C. There shall be a penalty of Ten Dollars ($10) for
violations of Sections 11.22 and 11.23.]
C. There shall be a penalty of Ten Dollars ($10) for
each violation of this section."
SECTION 10. Section 11.25, Article 11, Chapter 3 of
the Hawaii County Code is amended to read as follows:
"Section 11.25 Injuring or Poisoning Dogs. Unless
otherwise provided b~ law, [No] no person shall wilfully or
negligently injure or poison any dog.
There shall be a penalty of Ten Dollars ($10) for each
violation of this section."
SECTION 11. Section 11.27, Article 11, Chapter 3 of
the Hawaii County Code is amended to read as follows:
"Section 11.27 Places Prohibited to Animals, Including
Dogs and Cats. Except as hereinafter provided, [It] 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] County beach park or any establishment
or place of business where food or food products are sold or
displayed, including but not limited to restaurants, grocery
stores, meat markets, fruit or vegetable store. This section
shall not apply to 'seeing eye" dogs or other dogs necessarily
utilized for the benefit o£ handicapped persons or to dogs
used for purposes of Taw enforcement by law enforcement
agencies of the federal, state or county governments.
There shall be a penalty of Ten Dollars ($10) 'for each
violation of this section."
SECTION 12. Section 11.29, Article 11, Chapter 3 of
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the Hawaii County Code is amended to read as follows:
"Section 11.29 Penalty for Permitting a Dog to Stray.
In addition to the penalties listed above, the owner of any
[animal] d~ which strays upon any public lands or the
private lands of another shall be fined Ten Dollars ($10)."
SECTION 13. Section 11.31, Article 11, Chapter 3 of
the Hawaii County Code is amended to read as follows:
"[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
Sections 187-12 - 14 HRS: Predators and destructions
of predators
Section 142-97 HRS: Wild cattle through street; penalty]
Section 11.31 Confinement of Vicious Doas. Ever
vicious doh shall be confined by the owner within a building
or secure enclosure and shall be securely muzzled or caged
whenever off the premises of its owner.
There shall be a penalty of Twenty-Five Dollars ($25)
for each violation of this section."
SECTION 14. Article 11, Chapter 3 of the Hawaii County
Code is amended by adding the following section:
Section 11.32 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;
- 9 -
Part III of Chapter 142, HRS: Fences and Trespasses by
Animals
Section 142-74 HRS: Liability of doh owner; penalty
Section 663-1 HRS: Torts, who may sue and for what
Section 142-96 HRS: Frightening animals; penalty
Sections 187-12 _ 14 HRS_ Predators and destructions
of predators
Section 142-97 HRS: Wild cattle through street; penalty
SECTION 15. 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 16. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not
affect the other parts of this ordinance.
SECTION 17. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUN Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
May 7, 1980
May 21, 1980
Effective Date: June 3, 1980
- 10 -
Hilo, Hawaii
Dote: May 7, 1980
FIRST READING
- AYES NOES A/E
-0ahlGerg X
Domingo X
Fujii X
Garcia X
Kawahara X
Lai X
Sameshima X
Tajiri X
Chr. Yamashiro
X -
9 0 0
Fublico,ian Darr: MAY 14 1980
Hilo, Hawaii
Date: May 21, 1980
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
Domingo X
Fujii X
Garcia X
Kawahara X
Lai X
Sameshima X
Tajiri
Chr. Yamashiro X
X
9 0 0
Fublica,ien Da,e: JUN 1 0 19£?0
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
~, ~ ~ _
~~ ~ ~.. ,~-., i_.. `
Date
~.,~:i ._._ ._..U
.".pprovedj Disa pproved this_-._ ~ ~. _day of
~-^
-- ~4d~4r ------. 19 SO
Council
_ ~.~ /.
County Cierk
,~
--- - - --~
Mayor, County of Hawaii
Eiu No. --- 616
(C-947.14jPWC-192)
Rclerencer__._~_. ___
M.E. No. ~=- _
Ord. No. ____ J !~___
Bill No. 61G - 1980
AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED,
OF THE HAWAII COUNTY CODE, RELATING TO ANIMAL CONTROL.
This Bill amends Chapter 3, relating to animal control,
in the Hawaii County Code, as amended.
Date Introduced: May 7, 1980
Copies of the foregoing Bill, in full, are on file in
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 May 7, 1980,
by the following aye and no vote:
AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia,
Kawahara, Lai, Sameshima, Tajiri and
Chairman Yamashiro - 9.
NOES: None.
COUNTY C'Ti`•'IRK'
COUNTY OF HAWAII
ORDINANCE NO. 579
(Bill No. 6.16--1980)
AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF
THE HAWAII COUNTY CODE, .RELATING TO .ANIMAL CONTROL.
Date Approved: May 21, :1980
Date Effective: June 3, 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 Ordinances passed
second and final reading at the meeting of the County Council
on May 21, 1980, by the following aye and no vote:
AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia,
Kawahara, Lai, Samf=_shima, Tajiri and
Chairman Yamashiro - 9.
NOES: None
~/ LJe
ASUKI ARAKAKI
DEPUTY COUNTY CLERK
COUNTY OF HAWAII
BILL NO. 616
(Revised)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE 11, CHAPTER 3, AS AMENDED, OF
THE HAWAII COUNTY CODE, RELATING TO ANIMAL CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 11.01, Article 11, Chapter 3, as
amended, of the Hawaii County Code, is amended to read as
follows:
"(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 tYie charge or control of
one in possession.]
(b) 'Officer.' Unless otherwise specified in this
Article, 'officer' shall mean a~ employee o£
the humane society, police officer, or a~
special officer deputized ~ the Chief of Police
to carry out the provisions of this Article.
(c) 'Sterilized dog' shall mean a spayed female
dog and a neutered male dog.
(d) 'Stray' shall mean either an unlicensed dog or d~
with a license tam for the current ey ar, a
cat or small domesticated animal wandering
or running at lar e, or found upon a~ ublic
dogs and cats, shall:
(a) Stop, move the animal off the road, if possible,
and render aid where necessary, and immediately
(b) Have the animal's owner located, or
(c) Notify the Police Department or humane society.
There shall be a penalty of Twenty-Five Dollars ($25)
for each violation of subsection (b) or (c) hereinabove."
SECTION 5. Section 11.18, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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 an~~, 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 1'48) hours as provided in
this section, may redeem the dog at any time before sale or
destruction of same by paying to the [officer,] humane
society, in addition to the amount of the license and
impoundment fee, the sum of 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 impoundment fee or
kennel fees, if any, shall be paid to the Director of Finance
as hereinafter provided.
- 4 -
humane society to be impounded and disposed of according to
Section 11.18.
There shall be a penalty of Twenty-Five Dollars ($25)
for each violation of this section."
SECTION 7. Section 11.21, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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] when a~ do~c is in season such
do~C shall be confined within a Y~uilding or enclosure in such
manner that she will not come in contact (except for intentional
breeding purposes) with a male dog.
A penalty of Twenty-Five Dollars ($25) 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] for each violation of this section."
SECTION 8. Section 11.22, Article 11, Chapter 3 of the
Hawaii County Code is amended to read as follows:
"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 for a ep riod of ten (10)
minutes or barks, bays' cries, howls or makes a~ other
noise intermittently for a period of twenty (20) minutes
within a thirty-minute ep riod of time to the disturbance of
any person at any time of day or night and regardless of
whether the dog is physically situated in or upon private
property; provided, however, that a dog shall not be deemed
- 6 -
a noisy dog for purposes of this section if, at the time the
dog is barking or making any other noise, a person is
trespassing or threatening to trespass upon private property
in or upon which the dog is situated or for any other legitimate
cause which teased or provoked the dog. Such action i_s
declared to be a public nuisance and detrimental to the
public health and welfare.
There shall be a penalty of Twenty-Five Dollars ($25]
for each violation of this section."
SECTION 9. Section 11.23, Article 11, Chapter 3 of the
Hawaii County Code is amended t:o read as follows:
"Section 11.23 Advise Owner of Noisy Dog; Notify
Police Department upon Failure to Abate[.]; Abatement of
Nuisance ~ Owner or Custodian.
[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.]
A. A~ erson disturbed ~ a noisy do~c shall make all
reasonable attempts to advise the owner or custodian who
keeps such d~ of this fact. If the erson disturbed _by a
noisy doh is unable to notify the owner or custodian of the
noisy doh or, after notifying the owner or keeper, the
nuisance is not abated, the erson m~ then notify the
Police Department.
B. The Police Department shall advise the owner or
custodian of the complaint and of the provisions of this
chapter prohibiting such. violation. It shall be a
violation if the owner or custodian fails to abate the
- 7 -
nuisance within one (1) hour after being advised ~ the
Police Department.
[C. There shall be a penalty of Ten Dollars ($10) for
violations of Sections 11.22 and 11.23.]
C. There shall be a enalty of Twenty-Five Dollars ($25)
for each violation of this section."
SECTION 10. Section 11.25, Article 11, Chapter 3 of
the Hawaii County Code is amended to read as follows:
"Section 11.25 Injuring or Poisoning Dogs. Unless
otherwise provided by law, [No] no person shall wilfully or
negligently injure or poison any dog.
There shall be a penalty of Twenty-Five Dollars ($25)
for each violation of this section."
SECTION 11. Section 11.27, Article 11, Chapter 3 of
the Hawaii County Code is amended to read as follows:
"Section 11.27 Places Prohibited to Animals, Including
Dogs and Cats. Except as hereinafter provided, [It] 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] County beach park or any establishment
or place of business where food or food products are sold or
displayed, including but not limited to restaurants, grocery
stores, meat markets, fruit or vegetable store. This section
shall not ~ to 'seeing eye, dogs or other dogs necessarily
utilized for the benefit of handicapped persons or to dogs
used for purposes of law enforcement ~ law enforcement
agencies of the federal, state or county governments.
There shall be a penalty of Twenty-Five Dollars ($25)
for each violation of this section."
SECTION 12. Section 11.29, Article 11, Chapter 3 of
- 8 -
R. I7 LIiGA.SP! !J~'.'. ~ ,ak,,
>o _. v+.
Comrey Gu4 v
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OFF/CT OP THP COU.h'TY CI1?RK
counrrr~ a~ (an w,vl
li110, }G1li'Al1 X ?20
May 21, 1980
Honorable Mayor. Herbert T. Matayoshi
Couni:y of Hawai.:i
Hilo, ilawaii 96720
I hereby transmit Ordinance Bill D]o. 616
YAS IKIAX~IKAK7
Del xl_y Cuun(y C(rr!-
HARFY A. 771K41/AS]//
1<Adtlnliuc Axdrtnr
passed by the County Council on second and final
reading.
~2.~,~
COUNTY CLE' K~
Encl.
Dated: May 21, 1980