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HomeMy WebLinkAboutORD 1992-093 1992-1994,: .,. COUNTY OF HAWAII *h STATE OF HAWAII BILL NO. say (Draft 3) ORDINANCE NO. 92 93 AN ORDINANCE AMENDING CHAPTER 4, HAWAII COUNTY CODE, 1983, RELATING TO DOGS, CATS AND ANIMAL CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 4-1, chapter 4 of the Hawaii County Code, is hereby amended to read as follows: Section 4-1. Definitions. As used in this chapter: (e) "Animal" does not include dogs and cats. (b) "At large" means on the premises of a person other than the owner of the dog. cat or other small domesticated animal without the consent of the occupant of the premises, or on a public street, alley, highway or in any public place except when under the control of a responsible person or an authorized representative of the owner. (c) "Officer[.]" or "Humane Officer" [Unless otherwise specified in this article,] means any employee of [the] a humane society [or any special officer deputized by the chief of police] who is authorized to carry out the provisions of this chapter. Such individual shall also be known as and may bear the title of "Humane Officer." ~.Z "Humane Society" means any eleemosynary organization formed for the ouroose of providing humane care and treatment of dogs, cats and other animals. [(d)] ~ "Sterilized dog" leans a spayed female dog and a neutered male dog. [(e)] ~ "Stray" means either 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. [tf)] ~q_Z "Vicious dog" means a dog which: (1) Places a person or other animal in imminent danger of bodily injury; or (2) Has bitten any person or other animal. 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. SECTION 2. Article 2 of chapter 4 of the Hawaii County Code, 1983, is hereby amended to read as follows: Article 2. Dog, Cat, and Animal Pounds. Section 4-2. 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, and for the -2- 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 4-3. 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,] County or a humane society with whom the County has contracted for services which shall, in addition to the duties provided in section 4-2, feed and shelter the dogs, cats, and small domesticated animals in their care pursuant to chapter 143 of the~Hawaii Revised Statutes. The County may enter into rnntracts with more than one humane society to carry out the ournoses of this chanter and chanter 143 of the Hawaii Revised Section 4-4. 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] The County or the Humane Society with whom the county has contracted for services shall be authorized to seize and impound any dog, cat, or other small domesticated animal, when 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 of the Hawaii Revised Statutes. -3- Section 4-5. Enforcement by (deputized special officers.] humane officer: [The chief of police is authorized to deputize special officers for the purpose of enforcing provisions of this article and of chapter 1~3 of the Hawaii Revised Statutes. The employment status of any doq warden now employed by the department of police shall be determined pursuant to the provisions of chapter 76 of the Hawaii Revised Statutes.] The humane society with whom the County has contracted for ervices may desi n rainin i fficers to carry 43, Hawaii Revis hapter which exp pacific action t Section 4-6. anate its employees who possess qualification sfactory to the County to serve as humane out the provisions of this article chapter Pd Statutes and other provisions of this ressly authorize such humane officers to take v ordinance. Eapenses 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 humane society with whom the County has contracted to provide such services. The council, however, shall from time to time make such appropriations to assist [these societies] such humane society as in its discretion and judgment shall be deemed to be necessary to accomplish the responsibilities [delegated] which such humane society may be required to perform under this chapter. -4- Section 4-7. Agreement between County and humane society required. An agreement containing, but not limited to, the extent of services rendered or to be rendered by the humane [each] society and me'.hods of reporting and accounting shall be entered into between the [each] society [individually] and the County before any payments may be made to the [societies] society under (the terms of] this chapter. Section 4-8. (Annual] Quarterly report required. [Each] The humane 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 month after the end of each quarter in each fiscal year. Section 4-9. Control of pound by humane society. Any humane society charged with the responsibility of operating a pound under a contract with the County shall have full and complete control over the administration, maintenance and operation of the pound subiect to the vowers reserved to the Countv under any contract. Such society, or its emvlovees. officers directors and aoents shall not be viewed as an agent or employee of the County due to the County's establishment and maintenance of controls to assure that public funds distributed to the society are being spent for public purposes. Section 4-10. Transfer of facilities and equipment to societies; reversion. -5- (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] humane society for use in pound functions in accordance with section 5-3.3(k) of the Hawaii County Charter. These societies] humane society shall not sell, exchange or dispose of the transferred facilities, equipment, and supplies without the written approval of the council. (b) Should any humane society cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of siaty 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. (c) Shp+>>~ any humane society terminate its contract for services with the County for any reason voluntarily or involuntarily any equipment or supplies purchased by the society with contract funds shall revert to the ownership and control of the County. Section 4-11. Indemnification to County. The humane society with whom the County has contracted for services [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 -6- establishment, maintenance, and operation of the pound, or the 'pure impoundment and disposition of dons cats and small domesticated animals or any activity arising under the contract or this chapter. SECTION 3. Article 4 of chapter 4 of the Hawaii County Code, 1983, is hereby amended by adding a new section as follows: Section 4- Trainina• Appointment• Powers of Humane Officer. ja) Pursuant to section 143-2 5 section 143-7, and }+on 46-1 5(15) Hawaii Revised Statutes a humane officer shall be authorized to issue a complaint and summons or other form o~ citation as the Finance Director may deem to be appropriate to enable a humane officer to carry out and to gPrform the duties of a humane officer under this chapter and any contract between the County and a humane society (b) The Finance Director shall verify that a person d?Slgnated by a humane society to serve as a humane officer is ~»alified and trained to serve in that capacity The Finance Director shall be empowered to establish minimum requirements for qualification and training which may be revised from time *o time provided that a copy thereof and of any revisions shall be kept on file with the Finance Director's office thereof at all r;mas All county agencies officers and employees shall render their cooperation and assistance to the Finance Director for purposes of this subsection (b) -7- (cl The Finance Director upon verification of a humane officer's qualification and training shall issue an oath of office and identification badge or insignia to the humane ~ficer•• (d) A human officer's avnointment power and authority shall be for a period of not more than two years unless the same ;s sooner terminated by the humane officer's discharge as an pmplove~ of the humane society or discharge as a humane officer ~y the Finance Director The Finance Director may terminate and ~;~rharge a humane officer's avnointment upon recommendation of the hnmana cnc;Pty of which the humane officer is an emvlovee or uvon a•finding by the Finance Director that the humane officer has failed to comply with the minimum qualification and training rPQuirements established for humane officers by the Finance Director. Sg) No vroceeding for the appointment termination or ~;arharge of humane officers shall be subiect to laws governing r;vil service or vublic emvloyees. 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. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without -8- the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect on July 1, 1992. INTRODUCED BY: Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: -9- July 1, 1992 August 19, 1992 July 1, 1992