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HomeMy WebLinkAboutORD 1995-032 1994-1996COUNTY OF HAWA,~~ a„~~~~TATE OF HAWAII BILL NO. 314 (DRAFT 4) 95 32 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, DIVISION 2, HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO PENALTIES FOR UNLICENSED, LICENSED OR STRAY DOGS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Council finds that the present penalties assessed ate inadequate to deter the owners of stray dogs from allowing their dogs to run at lazge. The Council further finds that the ordinances relating to the licensing of dogs do not specifically define an unlicensed dog as being any dog which does not have a registration tag on its collaz, which inadvertently has created an incentive for owners of dogs not to ensure that their dogs wear these tags, so that they might escape identification by animal control officers. SECTION 2. Section 4-20 of the Hawaii County Code 1983, as amended, is hereby amended to read as follows: "SECTION 4-20. Seizure of Dogs by Officers. (a) Seizure of Unlicensed Dogs. (I) Every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, squaze, 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 hours, during which time it shall be subject to [reedemption] redemption by its owner by payment of the license due, if any, and an impoundment fee of [$5] ~(. F~~doe found without a registration tag.gffixed to his or her collaz will be deemed to be unlicensed. (2) 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. (3) The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided in this section, may redeem the dog at any time before sale or destruction by paying to the humane society, in addition to the amount of the license and impoundment fee, the sum of [$2] $S per day for the number of days over two days the dog was impounded. (4) Of the moneys so received, the amount of the impoundment fee or kennel fees, if any, shall be paid to the director of finance. (b) Seizure of Licensed Stray Dogs. (1) Every officer shall seize and impound any licensed stray dog. (2) 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 hours thereafter, release the dog to the person upon payment of an impoundment fee of [$5.]$~0,. (3) If no person lawfully entitled to the dog shall, within seven days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the humane society. (4) The owner of any licensed dog impounded and not claimed within forty-eight hours may redeem the dog at any time before the sale or destruction of the dog by paying to the humane society, in addition to the [$5] $10 impoundment fee, the sum of [$2] ~5 per day for the number of days over two days the dog was impounded. (5) All impoundment and kennel fees collected by the humane society in any given month shall be deposited by the humane society no later than the fifth day of the following month with the finance director to the credit of the County of Hawaii general fund account." SECTION 3. Section 4-30 of the Hawaii County Code, as amended, is hereby further amended to read as follows: "SECTION 4-30. Penalty for permitting a dog to stray. In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public lands or the private lands of another shall be fined [$10.] as follows: (al For a first offense or any offense not receded within afive-yeaz ~riod~,y a conviction under this section• 25 (bl For a_nKoffense which occurs within a five year period of a prior conviction under this section: (.]~ $50. (cl For an~offense which occurs within five years of two prior convictions under this section: (11$75• ~, For any offense which occurs within five years of three or more prior c,~_nvictions under this section: (11 Any one or more of the followingj. (kA) A fine of up to $500. (Bl Un to 100 hours of community service." SECTION 4. Material to be deleted is bracketed. Material to be added is underlined. Should any section of this ordinance, or the application to any person or circumstance, be held invalid, the remaining provision not so effected will be considered to be severable. SECTION 5. This ordinance shall take effect upon approval. INTRODUCED BY: C COUNCI MEMBE ,COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: February 1, 1995 February 1, 1995 March 1, 1995 March 7, 1995 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii /r1Ra FT 'il Introduced By: John Ray Date Introduced: February 1 1995 First Reading: February 1, 1995 Published: February 8 1995 REMARKS: ROLL CALL VOTE AYESr r. , NOFS ABS - ~ fiX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo X Osorio X Rath X Ray X Smith X 9 0 0 0 (DRAFT 4) Second Reading: To Mayor: Returned: Effective: Published March 1, 1995 March 2 1995 March 7 7995 March 7 7995 March 15, 1995 REMARKS: February 15, 1995 - Deferred in Council IDO HEREBYC indicated above. ~.,PPROVED os to FORh9 and LEG/ALII ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo X Osorio }{ Rath X Ray X Smith X 8 0 1 0 adopted by the County Council and published as COUNIY OF HAWAII Date Approved/Di approved this of COUNTY OF All day CLERK B;IINo.: 314 (Draft 4 ) Reference: C- 1255.02 & 102.01/HSPWC-10 Ord No.: