HomeMy WebLinkAboutORD 1992-109 1992-1994OF HAWAII
BILL NO. 653
(Draft 2)
ORDINANCE NO. 92 109
AN ORDINANCE AMEIIDING CHAPTER 4, ARTICLE 4, DIVISION 2, OF THE
HAWAII COUNTY CODE 1983, RELATING TO DOGS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Sections 4-24 and 4-25, chapter 4, article 4,
division 2, of the Hawaii County Code 1983, relating to noisy
dogs, are amended to read as follows:
Section 4-24. Noisy dogs.
(a) No person shall keep any dog which barks, bays,
cries, howls or makes any other noise continuously or incessantly
for a period of ten minutes or barks, bays, cries, howls or makes
any other noise intermittently for a period of twenty 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.
(b) A dog shall not be deemed a noisy dog f.or purposes of
this section if, at the time the doq 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.
Section 4-25. Noisy dog; procedure for abatement of
nuisance.
(a) Any person disturbed by a noisy dog shall make all
reasonable attempts to advise the person or custodian who keeps
such dog of this fact. If the person disturbed by a noisy dog is
unable to notify the owner or the custodian of the noisy dog or,
after notifying the owner or keeper, the nuisance is not abated,
the person may 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 violations. It shall be a violation if the owner
or custodian fails to abate the nuisance within one hour after
being advised by the police department.
(c) There shall be a penalty of $10 for the first [each]
violation of this section. The 2nd violation has a enalty of
$25, the third, $50 and the 4th violation 100.
SECTION 2. New material is underscored. Material to be
deleted is bracketed. In printing this ordinance, the brackets,
bracketed material, and underscoring need .got be included.
SECTION 3. If any provisions 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
the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION ?. This ordinance shall take effect upon its approval.
INTRODUCED BY:
l / ~I/~~'1!t~
COUNCILMEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
September 2, 1992
September 2, 1992
September 16, 1992
October 2, 1992
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