HomeMy WebLinkAboutORD 2009-113 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
09 ~~a~
115
AN ORDINANCE AMENDING CHAPTER 15 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO DOG
PARKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 15, Hawaii County Code 1983 (2005 Edition, as amended) is
amended by adding a new article to be appropriately designated and to read as follows:
"Article _ Dog Parks.
Section 15-_ Purpose.
The purpose of this article is to create a policy for establishing County park
areas to be used exclusively by dogs and their handlers.
Section 15- Definitions.
For purposes of this article:
"Adult dog" means a dog over twelve months of age.
"Dangerous dog" means any dog that, without provocation, attacks a person
or animal. A dog's breed shall not be considered in determining whether or not it
is dangerous.
"Dog park" means an enclosed area within a County park that has been
designated for use as an off-leash dog area or a park for the exclusive use of dogs
and their handlers, and listed in the facility schedule in this article.
"Enforcement Officer" means a police officer or animal control officer.
"Handler" means the person who brought the dog to the dog park and is
responsible for the dog. The handler shall either be the owner of the dog or a
responsible person that has been permitted by the owner to bring the dog to the
dog park.
"Mobility device" means a device used by individuals with mobility
impairment for the purpose of locomotion. A mobility device may be powered by
the individual or some other source.
"Off-leash area" means the fenced, secured section where the dog is allowed
to exercise and train without a leash.
"Or.-leash area" means any area not included inside the fenced and secured
dog park section, the transition areas between the park, or a handler's vehicle and
the off-leash area.
"Puppy" means a dog between birth and twelve months of age.
"Shared-use or multi-use park" means a park that has playground
equipment, an athletic playing field, or any other use that attracts children and
also has a designated dog park on the same property.
Section 15- _ Applicability
This article applies to any County-owned and designated dog park or any
portion of a multi-use park where an area is designated as a dog park, and is
appropriately fenced and signed. Only areas listed in the facility schedule of this
article shall be authorized as County dog parks. The provisions of Hawaii
Revised Statutes section 663-9, regarding dog owner liability and Hawaii County
Code, chapter 4, as it relates to dogs, are applicable to all users of designated dog
parks.
Section 15-_ Designation and regulation of dog parks.
(a) The director, with the approval of the council, may designate any County
park as a shared-use park and allocate an area as an off-leash area for dogs,
or authorize a location exclusively for a dog park.
(1) In designating County parks for the exclusive use of dogs and their
handlers or portions of county parks or areas therein as a shared-use
park with an off-leash area, the director shall consider the park's size,
location, and frequency of use by members of the public, as well as the
primary, actual, or designed use of each park or area.
(2) The director shall post signs that notify the public of such off-leash or
on-leash areas for dogs and describe or map the park or park areas so
designated.
(3) Areas for off-leash dogs shall be appropriately fenced.
(b) If practicable, the director may designate a separate, fenced, and secure
section within a dog park to accommodate dogs that weigh twenty pounds or
less. In addition, the director may also designate a play and training section
for the protection of puppies that shall be similarly segregated and secure
from other areas of the dog park.
(c) The director shall adopt rules pertaining to dog parks.
Section 15-_ Liability; responsibility of handler.
(a) The handler shall be responsible for all actions, behavior, injuries, or
damage caused by its dogs while on County park property.
(b) The handler shall be responsible for removing any feces, vomit or other
waste matter produced by its dogs from the park and depositing it in an
appropriate container.
(c) The handler shall keep its dogs on a leash no longer than six feet in length
when entering the park and moving the dogs into the off-leash area.
(d) When in the off-leash area, the handler shall control its dogs by sound or
voice command.
(e) The handlers shall closely supervise minor children that accompany them to
the dog park.
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(f) The County is not liable for any injury or harm to any person or dog
incurred or caused by any other person or dog entering or remaining in the
on-leash or off-leash park. The provisions of Hawaii Revised Statutes
section 663-9, regarding dog owner liability and Hawaii County Code,
chapter 4, as it relates to dogs, are applicable to all users of designated dog
parks.
(g) The director has the right to deny any person or dog access to any or all dog
parks in accordance with administrative rules of the department of parks and
recreation.
Section 15-_. No Alcohol, Drug Use, Or Food Shall Be Allowed in Dog
Parks.
(a) Alcohol and/or drug use is prohibited in dog parks at all times and the
handler shall not be under the influence of alcohol or drugs while escorting,
transiting, or training a dog in a dog park subject to the provisions of this
article as well as other State and County codes for violations.
(b) Absolutely no food, including dog food or treats, shall be allowed in the
off-leash area.
Section 15-_ Noise-producing devices prohibited.
(a) Due to the need for each handler to keep its dog under voice and sound
control within the dog park, the use of any noise-producing devices
including radios, television sets, musical instruments, boom boxes, electric
generating plants, or other equipment driven by motors or engines is
prohibited in a dog park or in a shared-use park where a designated area for
a dog park exists, or at the discretion of the director.
(b) This section shall not prohibit the use of equipment for law enforcement or
custodial maintenance purposes, or the use of mobility devices in a dog
park.
Section 15-_ Current dog vaccinations required.
(a) To protect all dogs using a dog park, each handler shall keep its dog's
vaccination current and provide documentation of such to enforcement
officers, upon request. Documentation shall consist of medical records,
vaccine certificates, and/or receipts. Each dog shall have required
vaccinations against common infectious diseases, be free of internal
parasites, and be treated for ticks and other external parasites before entering
a dog park.
(b) Required vaccinations:
(1) Distemper virus
(2) Infectious Canine Hepatitus
(3) Leptospirosis
(4) Parvo virus
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(c) Recommended, but non-essential vaccinations:
(1) Parinfluenza
(2) Bordetella
Section 15-_ Handler's responsibilities; control of dogs.
(a) Any dog transiting to and from the handler's vehicle or outside the
designated off-leash area shall be on a leash no longer than six feet.
(b) The handler shall carry a leash no longer than six feet for each dog in its
care in the off-leash area.
(c) The handler shall not bring more than two dogs into the off-leash area at any
one time.
(d) To prevent injury, the handler shall remove pinch or choke collars from the
dog when it is in the off-leash area.
(e) For health and safety reasons:
(1) A handler shall not bring a puppy under the age of sixteen weeks
into any dog park.
(2) Female dogs in estrus shall be prohibited from entering any
on-leash or off-leash parks.
(3) When any dog is in the off-leash area, the handler shall remain in
the off-leash area to supervise its dogs, and keep the dogs within
view and under verbal, sound, or signal control at all times.
(4) Each handler in the off-leash section shall be at least eighteen
years of age. Minor children entering the off-leash section shall be
accompanied by an adult.
(5) All dogs shall have a valid dog license tag attached to the dog's
collar while in the dog park.
(6) The handler shall comply with all other dog park rules, as
established by the director and posted in an easily visible location
of each dog park.
Section 15-_ Dog behavior.
(a) The handler shall ensure that its dogs demonstrate appropriate social
interaction at all times toward people and other dogs.
(b) Dogs displaying aggressive behavior toward people or other dogs shall be
immediately leashed and removed from the off-leash area, out of the dog
park, and any other portion of the County park.
(c) The provisions and penalties set forth in chapter 4, article 4, section 4-31,
Regulation of dangerous dogs, are applicable to this article. In addition to
the penalty provisions set forth in that section, any enforcement officer may
also issue a trespass notice against the handler of any dog that is dangerous
or vicious toward any other dog or person.
Section 15-_ Dog park entry requirements; fees.
(a) Each dog entering a dog park shall have a dog license tag pursuant to
Hawaii County Code, chapter 4, article 3. The dog license tag shall be
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attached to the dog's collar, and such collar shall remain on the dog at all
times while in the dog park or moving to or from the dog park.
(b) Each dog entering a dog park shall wear an individual dog park entry tag
indicating that the annual dog park entry fee has been paid to the County or
the County's designated representative. Payment of the annual dog park
entry fee entitles the handler to a single, colorized dog park entry tag
applicable only to the dog to whom it was issued. The dog park entry tag
shall be colored by calendar year. There shall be a one month's grace period
(January) during which time a dog may still have the dog park entry tag for
the previous calendar year. The dog park entry tag allows the authorized dog
to enter any county dog park unless the handler has been issued a trespass
notice against personally entering a dog park or against that particular dog.
(c) Dog park entry tag fees:
(1) Each puppY ..................................................................$5
(No pictures shall be required. Includes the administrative fee.)
(2) Initial adult dog park entry application, per dog ..................... $25
(Initial application shall include pictures of both sides and the face of
the dog. Includes the administrative fee.)
(3) Renewal fee for an adult dog, per dog .................................. $10
(Does not require additional pictures or an additional dog license tag
for identification purposes. Includes the administrative fee.)
(4) Administrative fee ..........................................................$5
(d) If the ownership of the dog changes, the new owner shall complete an
application, have new dog pictures taken, and pay the administrative fee to
the County or the County's designated representative to transfer ownership
of the dog and its dog park entry tag.
(e) All fees shall be paid to the County of Hawaii within thirty days and
deposited in the general fund of the County of Hawaii.
Section 15- Violation of regulations; penalties.
(a) Each separate violation of the provisions of-this article is a violation and
upon conviction, shall be punished by a fine not to exceed $1,000. Conduct
that is proscribed under Hawaii County Code, chapter 4, article 4, as it
relates to dogs, shall be enforced under that chapter.
(b) Failure to have a current dog license tag on the dog's collar when entering a
dog park constitutes a violation of this article.
(c) Failure to have a current dog park entry tag on the dog's collar when
entering a dog park constitutes a violation of this article. In addition to any
penalty, the owner shall pay the dog park entry tag fee for that calendar
year.
(d) Failure to maintain current vaccinations for a dog entering a dog park
constitutes a violation of this article. Medical records, vaccination
certificates, and/or receipts showing current vaccination shall be provided
by the handler upon request of the enforcement officer.
(e) All fines collected under this article shall be deposited within thirty days
into the general fund of the County of Hawaii.
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(f) A one-year, no-trespassing notice against a person or dog may be issued by
an enforcement officer for any violation of this article or any violation of
posted park rules. A court of competent jurisdiction may. extend the
no-trespass period of time beyond one year for any violation of any section
this article.
Section 15-_ Dog park facility schedule.
All dog parks shall be named by ordinance and added to the following
facilities schedule:
Dog Parks
Hamakua
Hilo
Ka` u
Kohala
Kona
Puna
Section 15-_ Severability.
If any provision of this article is held invalid for any reason by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
provisions of this article."
SECTION 2. I f any provision of this ordinance or the application thereof to any person
or circumstance, 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.
SECTION 3. This ordinance sha 11 take effect upon its approval.
INTRODUCED BY:
v~._._..
COUNCIL ME BER, COUNTY OF HAWAII
r,~,epa , Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2°d Reading:
Effective Date:
August 19, 2009
August 19, 2009
September 2, 2009
September 23, 2009
~:di"z~cNC~: C.oot~t. 448 6
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS: Brenda
August
August
August J .
19 ,
19 ,
29, Ford
2 0 0 9
2 0 0 9
2009
Second Reading: September 2, 2009
To Mayor: September 11, 2009
Returned:
Effective:
Published:
REMARKS:
September 23, 2009
September 23, 2009
September 30, 2009
ROLL CALL VOTE
AYES NOES ABS EX ~
Enriques X
Ford X
Greenwell X
Hoffmann X
Ikeda X
Naeole X ~~t
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-„
Onishi X E~ ` - -` r'-~
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Yagong X --. , rt,
:
Yoshimoto
X ....
r }..J ,.
ROLL CAL'E VOTE
AYES NOES CBS EX
Enriques X
Ford X
Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
8 0 1 0
I T..)C? ML:;REBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
f----.
APPRO ED AS TO ~
FORM ND LE AL Y:
DEPUTY COFx- PORATION COUNSEL
COUNTY OF~HAWAI`I
Date
.Approti ~approvedthis d~~~ ~'`~~ day
os ~L~e-c/2n D_ -_ .
~~ ~ ~ {
MAYOR, COUNTY OF HAWAII
COUNCIL CHAIRMAN
COUNTY CLERK
115
Bill No.:
C-448/PSPRC-14
Reference:
Ord No.: ~~ ~.~.aa