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Home My WebLink AboutORD 1986-034 1984-1988COUNTY OF HAWAII STATE OF HAWAII Bill No. 79 (Draft 2) ORDINANCE NO. $~ ~'~ AN ORDINANCE AMENDING CHAPTER 4, ARTICLES 4 AND 5, OF THE HAWAII COUNTY CODE 1983 RELATING TO ANIMALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAi4AII: SECTION 1. Chapter 4, Article 4, Section 4-16, of the Hawaii County Code 1983, is amended to read as follows: "Section 4-16. Duty upon striking animals, including dogs and cats. The driver of any vehicle which collides with or is involved in an accident with any animal, including dogs and cats, shall: (a) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately (b) Have the animal's owner located, or (c) Notify the police department or humane society. There shall be a penalty of [$10] not more than $50 for each violation of subsection (b) or (c) of this section." SECTION 2. Chapter 4, Article 4, Section 4-17, of the Hawaii County Code 1983, is amended to read as follows: "Section 4-17. Cruelty to animals, including dogs and cats. A person commits the offense of cruelty to animals, dogs and cats if he knowingly or recklessly: (a) Gives away an animal, dog or cat, or animals, dogs or cats, as a prize or prizes; (b) Abandons any animal, dog or cat; [(c) Violates the provisions of section 711-1109, of the Hawaii Revised Statutes.] There shall be a penalty of [$25] not more than $500 for each violation of this section." SECTION 3. Chapter 4, Article 4, Section 4-18, of the Hawaii County Code 1983, is amended to read as follows: "Section 4-18. Places prohibited to animals, including dogs and cats. (a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or [in arms] on a leash or in restraint on or about any County beach park or any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, fruit or vegetable stores. (b) This section shall not apply to 'Seeing Eye' dogs or other dogs necessarily utilized for the benefit of handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the Federal, State or County governments. (c) There shall be a penalty of [$10] not more than $50 for each violation of this section." -2- SECTION 4. Chapter 4, Article 4, Section 4-19, of the Hawaii County Code 1983, is amended to read as follows: "Section 4-19. Defecation and nuisance prohibited. (a) No person who owns, harbors, keeps or has charge or control of any dog or other small domesticated animal shall cause, suffer, or allow such animal to soil, defile, defecate on, or commit any nuisance on any part of any street, including any sidewalk, passageway or bypath, or on any play area, park, or place where people congregate or walk, or on any public property, or on any private property, without the permission of the owner of the property. (b) The restrictions in this section shall not apply to that portion of the roadway of any street which lies between and within three feet of the edges or curbs of the roadway, except at crosswalks or bus stops, provided that the person who owns, harbors, keeps or has charge or control of a domesticated animal shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container, and dispose of the same all in a sanitary manner. (c) There shall be a penalty of [$10] not more than $50 for violations of this section." -3- SECTION 5. Chapter 4, Article 4, Section 4-29, of the Hawaii County Code 1983 is amended to read as follows: "Section 4-29. Leash required for public places. No person shall bring or permit any dog in any County park, public school ground, or airport unless it is held under control by a suitable leash, not more than six feet long; provided, however, that [these restrictions shall not apply to dogs utilized by police for patrol or other police purposes.) dogs even under control by a suitable leash shall not be allowed in any County beach park. These restrictions shall not apply to dogs utilized by police for patrol or other police purposes." SECTION 6. Chapter 4, Article 4, is amended by adding a new division and adding new sections to read as follows: "Division 3. Enforcement. Section 4-32. Enforcement. For any violation of any of the provisions of this article or of the provisions of chapter 143, HRS it shall be the duty of any officer authorized to seize and impound any dog running at large within the meaning of this rticle to issue a summons to the owner or other person ch with the responsibility of complying with the provisions of this article or with the provisions of chapter 143, HRS. Said summons -4- shall instruct such owner or person to report at the violations bureau of the respective district courts of the Third Circuit. Each such_nwner or person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative jud e of the district courts, for appearance on the date as may be set for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. Section 4-33. Summons. There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of summons for use in citin violators of the provisions of this article or the provisions of chapter 143, HRS. Said summons shall be printed in a form commensurate with the form of other summonses used in modern methods of arrest, so designed to include all necessary information to make the same valid and legal within the laws and regulations of the State of Hawaii and the County of Hawaii. Ttie form and content of such summons shall be as adopted or prescribed by the administrative judge of the district courts. -5- In every case when a summons is issued the original of the same shall be given to the violator; provided that the administrative fudge of the district courts may prescribe the giving to the violator a carbon copy of the summons, and provide for the disposition of the original and any other copies. Every summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original. Section 4-34. Failure to obev summons. It shall be unlawful for any person to fail to appear at the place and within the time specified in the summons issued to him by an officer for any violation of any section of this article, regardless of the disposition of the charge for which he was originally cited. Section 4-35. Issuance of complaint, when. In the event any person fails to comply with a sum.nons given to such person or if nv person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for his arrest. Section 4-36. Disposition of fines and forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of this article shall be paid to the County of Hawaii and deposited in the general fund of the County of -6- SECTION 7. Chapter 4, Article 5, of the Hawaii County Code 1983 is amended to read as follows: "Article 5. State Law Reference and Severability. Section [4-32]4-37. Reference to Hawaii State Law. In construing this chapter and providing for the control of animals in the County of Hawaii, reference shall be made to the Hawaii Revised Statutes, including, but r.ot 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 4-38. Severability. If any provision of this chapter is held invalid for any reason by a court of competent 'u7 risdiction, such decision shall not affect the validity of the remaining provisions of this article." SECTION 8. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. -7- SECTION 9. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 10. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~~ Hilo, Hawaii Date of Introduction Date of 1st Reading: Date of 2nd Reading: Effective Date: COUNCIL MEMBER, ;' April 9; 1986 April 9, 1986 April 23, 1986 Anril 30, 1986 HAWAII -8-