HomeMy WebLinkAboutORD 1988-048 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BI~~ N0. 494
(Draft 3)
ORDINANCE NO.
88 48
AN ORDINANCE AMENDING CHAPTER 4, HAWAII COUNTY CODE OF 1983,
RELATING TO ANIMALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to
eliminate the so called "free first bite" rule in defining
"vicious dog." The County Council recognizes that the definition
of "vicious dog" has been interpreted to mean that a dog must bite
a person or another animal before it may be deemed to be vicious.
The present ordinance separates and recognizes distinct behaviors
which may lead to a dog being deemed "vicious": first, if the dog
places a person or other animal in imminent•danger of bodily
injury, or second, if the dog actually bites a person or other
animal.
SECTION 2. Chapter 4, article 1, section 4-1(f) is amended
to read as follows:
"[(f)•'Vicious dog' means a dog which places a person or
other animal in imminent danger of bodily injury. If a dog has
bitten any person or animal, such a dog shall thenceforth be
deemed a vicious dog. A dog shall not be deemed vicious where the
vicious behavior in question is the result of the dog being
teased, tormented or otherwise abused by the victim of the vicious
behavior.]
LA/TW
(f) 'Vicious dog' means a do which:
(1) Places a person or other animal in imminent danger
of bodily injury; or
(2) Has bitten any person or animal.
A dog shall not be deemed vicious where the vicious behavior in
guestion is the result of the do bein teased, tormented or
otherwise abused by the victim of the vicious behavior "
SECTION 3. Cha ter 4, Article 4, Division 2 is amended by
adding three consecutive sections to be appropriately designated
and to read as follows:
"Section 4- Vicious do notice. If, u on investi ation
of a report of an incident of vicious behavior, an officer
determines that (A) an incident constitutin vicious behavior did
occur, and (B) the indicated dog was the dog which did behave in a
vicious manner, then the officer shall ive the owner of said do
a written notice stating that the dog has been deemed a vicious
dog, that the owner must comply with the Hawaii County Code
~4-31(a) concerning the confinement of vicious do s, and of the
penalties for failure to comply with said requirements of
confinement.
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Section 4- Appeal of vicious designation; hearing. The
notice that a dog has been deemed a vicious dog shall also inform
the owner that he may, within thirty days, request a hearing
fore the executive in charge of the Humane Society with whom the
ounty of Hawaii has contracted for animal control in the district
ich the reported incident of vicious behavior has occurred or
his designated representative for the purpose of disputing the
desi4nation of the do4 in question as a vicious dog. The heari
shall be held in accordance with H.R.S. Chapter 91, the Hawaii
Administrative Procedures Act, and the aforesaid executive of the
Humane Society or his designated representative presiding over the
arin4 shall notifv the do4 owner of his decision in writi
after the hearing.
Section 4- Rules for hearings on viciousness. The
executives in charge of the Humane Societies with whom the County
of Hawaii has contracted for animal control duties shall jointly
adopt a set of rules, pursuant to H.R.S. Chapter 91, for hearings
on the issue of whether or not a dog shall be deemed a vicious
d 9 ~~
SECTION 4. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstances, is held invalid, the invalidity does 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 severable.
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SECTION 5. 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 6. This ordinance shall take effect upon its
approval.
INTRODUC$p BY:
Hilo, Hawaii
Date of Introduction: March 23, 1988
Date of 1st Reading: r!arch 23, 1988
Date of 2nd Reading: April 6, 1988
Effective Date: Apri125, 1988
MEMBER, COU1~L~ 0
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