HomeMy WebLinkAboutREP HSSPSC 002 03/15/2011 2010-2012 REPORT OF THE
COMMITTEE ON HUMAN SERVICES,
SOCIAL SERVICES AND PUBLIC SAFETY
DATE: March 15, 2011 Re: Comm. No. 100 /Bill 27
PLACE: Council Chambers
West Hawai`i Civic Center
74 -5044 Ane Keohokalole Highway, Building A
Kona, Hawaii
TIME: 10:57 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawaii 96720
Your Committee on Human Services, Social Services and Public Safety, to which was referred Bill 27,
reports as follows:
Bill 27 transmitted by Councilmember Brenda Ford, via Communication No. 100, dated
February 11, 2011, amends Chapter 4, Article 4, Division 2, Section 4 -25 of the Hawai`i County Code
1983 (2005 Edition, as amended), relating to noisy dog; procedure for abatement of nuisance.
Ms. Ford called Deputy Prosecuting Attorney Mitch Roth forward to address the members of the
Committee. Mr. Roth stated that this bill goes to procedure and not what constitutes a noisy dog. It
would eliminate Police having to physically wait one hour before citing an owner who did not abate
their noisy dog. He added that most cases are currently being thrown out of court due the police not
physically waiting for one hour before issuing a citation.
Mr. Hoffman noticed that the amendment eliminates the Police Department from this section of the code
and does not need to notify the owner of a complaint. His concern is that there may be a disconnect
between a neighbors notifying each other and there is no mention of who to call to issue a citation.
Ms. Ford replied that the Police Department is charged to enforce all laws and will remain a requirement
of the code even though it's pulled from this section.
Mr. Yagong shares Mr. Hoffman's concern as to what occurs after a neighbor notifies the dog owner.
Procedures on how and when to engage the Police Department are missing; and it appears that anyone
can call and say, "I've talked to the owner" and "BOOM" a citation is issued. The process does not
seem fair; maybe the Humane Society should be added as the one to call.
Ms Smart agrees with Mr. Yagong that this bill needs to define who, when, and how it will be enforced.
She expressed her concern of escalating neighborhood disputes to a whole new level without clearly
defined procedures.
Mr. Yoshimoto expressed that the lack of clarity being discussed is a result of not looking at the code in
its entirety. This issue is very clear that neither the Humane Society nor Police Department is being
eliminated. Mr. Roth reiterated that this amendment simply takes away the need for Police Department
HSSPSC Report No. 2
HSSPSC -2 Page 2 Comm. 100/ Bill 27
to remain for one hour to see if noise is abated. At the request of Ms. Ford, Mr. Roth read a portion of
the County Code regarding the carrying out of the enforcement of this chapter to include Humane
Society and /or Police Department.
In concluding, Mr. Pilago stated that this amendment may be unenforceable.
For informational purposes, Councilmember Brittany Smart voted "kanalua" twice.
Your Committee on Human Services, Social Services and Public Safety is in accord with the purpose
and intent of Bill 27, and recommends its passage on first reading.
sl
AYES NOES A &E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON HUMAN SERVICES,
HOFFMANN x SOCIAL SERVJ,CES & PUBLIC SAFETY
IKEDA X t J �'
ONISHI X _ /J
PILAGO X
SMART X K. A GEL ILAGO, CHAI r '
YAGONG X HSSPSC REPORT NO. 2
YOSHIMOTO X ADOPTED: MAY 0 4 2411