HomeMy WebLinkAboutORD 2012-109 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 261
109 (DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ANIMAL
ERADICATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. The Council finds that the practice of animal
eradication by aerial shooting is completely, and unequivocally, in conflict with the values of the
people of the County of Hawai`i. Simply put, such tactics are cruel, unusual, and inhumane. In
many instances, aerial shooting of animals does not allow for the consumption of valuable food,
and instead wastes this food source by leaving the animal carcass to rot away. Such drastic
measures also create harm to human life and disturbance to endangered fauna and flora, where
such risk is completely unnecessary. It also sends a very disturbing message to those persons
visiting our Island; that message to be shared with all those that they know upon return to their
homes.
Above and beyond any purported rationale for this practice is the overwhelming fact that
the mass extermination of animals by rapid gunfire using helicopters is not pono. It is wrong.
The people of the County of Hawai`i strongly feel that home rule should apply as this practice
does not conform with cultural and traditional values of our island community. Although State
Law may supersede this article, the people of our island choose to voice their strong opposition
to aerial eradication and encourage the State to conform to the wishes of the people.
The Council further finds that should it be determined that a particular animal requires
population control, that there are far better methods to do so. There are many hunters in the
County of Hawai`i that wish to have access to these areas to provide subsistence for their
families and at the same time they would be removing the animals from the affected areas.
Animal population control can be performed in a manner that is in harmony with the culture,
values, and principles of the people that are the foundation of this great County. And because it
can, it should.
The purpose of this ordinance is to make clear that the County of Hawai`i, as a body
corporate, with the ability and responsibility to maintain the public health, safety, and welfare of
its people, hereby declares that the barbaric and inhumane acts of eradication by aerial shooting
on Hawai`i Island shall no longer be practiced. This ordinance is enacted to ensure that other
methods of animal population control are utilized, and that any such method takes into full
account the will of the people. Prior to any such act of animal population control there must be
effective communication with the hunting community and other people on Hawai`i Island that
have an interest; their voices must be heard, their thoughts sincerely appreciated, their values and
beliefs respected. The aerial shootings must stop and a real conversation with the people must
begin.
SECTION 2. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article . Animal Eradication.
Section 14 -_. Findings and purpose.
(a) The County of Hawai`i is charged with the ultimate responsibility to protect, preserve,
and enhance the health, safety, and welfare of the people of Hawai`i Island. With regard
to the bond between the people and the land, the County of Hawaii hereby finds:
(1) Animal eradication by aerial shooting is in conflict with the cultural and traditional
values of the people of Hawai`i County;
(2) Aerial hunting eradication creates unnecessary risk to human life, while also
disturbing endangered flora and fauna; and
(3) Animal population control measures can be performed in a manner that is
harmonious with the culture, values, and principles of the people.
(b) The purpose of this article is to declare:
(1) Animal eradication by aerial shooting on Hawai`i Island shall no longer be
practiced;
(2) The State of Hawai`i should conform and comply with the provisions of this article;
(3) Other methods of animal population control must be used. Any such method to be
enacted will take in to account the will of the people, which requires effective
communication and a concerted effort to remain linked to the people that take
responsibility for the land and its resources; and
(4) The State of Hawai`i should increase public access to the areas of Hawai`i Island
that will allow hunters and gatherers the opportunity to provide subsistence to the
families of Hawai`i Island. Valuable food resources should be consumed rather than
wasted.
Section 14 -_. Aerial eradication of animals; unlawful.
It is a violation of this article for any person to engage in the eradication of any animal
for any reason while being transported by helicopter, airplane, or any other similar means."
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance without the invalid provisions or applications, and to this end, the
invalidity or applications provisions of this ordinance are declared to be severable.
2
SECTION 4. This ordinance shall take effect upon approval.
Kona , Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRO I, ED BY:
COUNCIL EMBER, C
June 6, 2012
June 6, 2012
June 19, 2012
July 10, 2012
REFERENCE: Comm. 731.4
3
Y OF HAWAII
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
Introduced By: Dominic Yagong
Date Introduced: June 6 , 2012
First Reading: June 6 , 2012
Published: June 16 , 2012
REMARKS:
Second Reading: June 19 , 2012
To Mayor: June 27, 2012
Returned: July 12, 2012
Effective: July 10, 2012
Published: July 20, 2012
REMARKS
2012
5
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
0
1
0
(Draft 2)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffinann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
9
0
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Co
indicated above.
APPROVED AS TO
FO C AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
UL' , c (2
isapproved this / clay
of
14/1.- ti , 20 12
_MAYOR, COUNTY OF HAWAII
Council published as
COUNCIL CHAIRPERSO
a //ii
UNTY CLERK
ill No.:
Reference:
Ord No.:
261 (Draft 2)
C- 731.4 /Waived HSSPSC
109