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Home My WebLink AboutORD 2011-048 2010-2012 COUNTY OF HAWAII I��`'','�_� STATE OF HAWAII ,Tf Of •Nf'� ' BILL NO. 27 (DRAFT 2) ORDINANCE NO. it 48 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, DIVISION 2, SECTION 4 -25 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOISY DOG; PROCEDURE FOR ABATEMENT OF NUISANCE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 4, article 4, division 2, section 4 -25 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 4 -25. Noisy dog; [ : : : • • : • • • • •• • • • • • • • • • ' •] reasonable attempts to reduce noise; penalties. (a) Any person disturbed by a noisy dog shall make [all r sonable attempts] a reasonable attempt to advise the owner or custodian who keeps such dog of this fact. Reasonable attempts for notification include by letter, email, visit to the owner or custodian, or any other legal method. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog or[ after notifying the owner or [keeper,] custodian, the nuisance is not abated, the person disturbed by the noisy dog may then notify the :. • - . .. -- - • .] appropriate enforcement agency. (b) [ - .... .. - .. - hour after being advised by the police department.] The owner or custodian of a noisy dog that causes a disturbance as provided in section 4 -24 shall be guilty of a violation of this section: (1) If after being advised of the disturbance per subsection (a), the owner or custodian of a noisy dog does not take immediate and effective action to abate the nuisance; or (2) If the appropriate enforcement agency is notified and responds to a complaint of a noisy dog and the nuisance is not abated. (c) There shall be a penalty of $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such 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 to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: v ize... 0 ,1 0.. COUNCIL MEMBER, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: Apr i l 6 , 2011 Date of 1' Reading: Ap r i 1 6, 2 01 1 Date of 2 Reading: May 4 , 2011 Effective Date: June 2, 2011 2 ftm. __ $:500m. By 9 OFFICE OF THE COUNTY CLERK pats— w County of Hawai`i County Coundl Kona , Hawai`i Introduced By: Brenda Ford ROLL CALL VOTE Date Introduced: April 6, 2011 AYES NOES ABS EX First Reading: April 6, 2011 Blas X Published: April 16, 2011 Ford X Hoffmann X REMARKS: Meeting cancelled due to Ikeda X technical complications — April 20, 2011 Onishi X Pilago X Smart X Yagong X Yoshimoto X Second Reading: May 4, 2011 7 1 1 0 To Mayor: May 13, 2011 (Draft 2) Returned: June 2, 2011 ROLL CALL VOTE Effective: June 2, 2011 AYES NOES ABS EX Published: June 16, 2011 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 6 2 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the : )unty Council published as indicated above. APPROVED AS TO (A—I— A —"- FORM AND L GALITY: COUNCIL C IRPE N D U J 4 •ORATION COUNSEL COUN OF HAWAII pi CO TY' CLERK Date J /.RS`�� Bill No.: 27 (Draft 2) Reference: C- 100.3 /HSSPSC -2 Approved/Disapproved this day 11 48 Ord No.: 8 of , 20 MAYOR, COUNTY OF HA WAI I J k , ' tP � h + , William T. Takaba " � %s; Managing Director William P. Kenoi Mayor - •c,f�`; '; '1 Walter K.M. Lau ?•": +� : °•*: `. Deputy Managing Director . 4Tt O • F • County of Hawa Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 - KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawai`i 96740 (808) 323 -4444 • Fax(808)323 -4440 May 27, 2011 The Honorable Dominic Yagong, Chairperson and Members of the Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Bill 27 Draft 2, "AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4, DIVISION 2, SECTION 4 -25 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NOISY DOG; PROCEDURE FOR ABATEMENT OF NUISANCE. Dear Chairperson Yagong and Council Members: I am returning to you Bill 27 Draft 2, which I am allowing to become law without my signature. Bill 27 represents an attempt by the County Council and our community to provide a more effective process to resolve disputes over barking dogs. Section 4 -24 is clearly flawed, and representatives of the Hawaii County Police Department, the Office of the Prosecutor and others have asked that Bill 27 be approved because it represents an incremental improvement over the existing ordinance. However, I am concerned Bill 27 does not clearly assign responsibility for answering barking dog complaints to any specific entity. I understand barking dogs can be a frustrating problem, and noisy dog complaints are one of the most common complaints to Hawaii County Police today. I encourage the council to continue its efforts to seek appropriate revisions to Section 4 -24 to help our communities resolve barking dog disputes in a manner that balances the rights of the parties involved. Thank you for the time and attention you have given to this important county issue. For the reasons stated above, I am allowing Bill 27 to become law without my signature. Sincerely, ∎� Goeper` No. Q . 4 William P. Kenoi Ref. Toe MAYOR RHf >7 *NAM 2 2011 County of Hawai`i is an Equal Opportunity Provider and Employer.