HomeMy WebLinkAboutREP PWC 240 03/29/1988 1984-1988 REPORT OF THE
COMMITTEE ON PUBLIC WORKS
DATE: March 29 , 1988
PLACE : Kamakahonu Ballroom - King Kamehameha Hotel - Kailua-Kona
TIME: 11 :00 a .m.
Chairman and Members
Hawaii County Council
Hilo , Hawaii 96720
Your Committee on Public Works to which was referred Communication
No . 1235 . 10 and 1235 . 13 along with their attached respective bills ,
Bill 494 and Bill 494 Draft 2 , and Communications No . 1235 .6 through
1235 .9 and 1235 .11 and -1235 . 12 reports as follows:
Bill 494 and Bill 494 Draft 2 proposes to amend Chapter 4 , Article 1 ,
Section 4-1 (f ) , Hawaii County Code 1983 relating to definitions
concerning animals by changing and expanding the definition of
vicious dog . The purpose of the bill is to eliminate the so called
"free first bite" rule , an interpretation of Section 4-1 (f ) that a
dog wasn ' t vicious until it bit a person or another animal .
Your Committee on Public Works has reviewed Bill 494 and Bill 494
Draft 2 . It has read Communication 1235 . 12 from Committee Chairwoman
Merle Lai stating that the Police Department and the Humane Society
indicated that they would like the Committee to reconsider the part
of Bill 494 that authorizes the Chief of Police to adopt rules for a
hearing on the issue of whether or not a dog shall be deemed vicious
and to preside at such hearings . The relatively greater expertise of
the Humane Society directors in determining and judging viciousness
is the main reason for this request .
Your Committee also read Communication 1235 . 13 from the Corporation
Counsel which transmits Bill 494 Draft 2 and states that the primary
effect of the revision is to have the appeal hearing on the issue of
viciousness handled by the Humane Society instead of the Police .
Your Committee reviewed Bill 494 Draft 3 , which was handed out at the
Committee sheeting . Draft 3 is a housecleaning bill which makes no
substantive changes but separates the definition of vicious dog from
the notice , hearing and rule procedures . Bill 494 Draft 3 makes the
title of the bill more general by amending Chapter 4 , Hawaii County
Code 1983 , relating to animals . The subsection designated by ( f ) ( 1 )
in Bill 494 Draft 2 is the complete definition found in subsection f
in Draft 3 . Paragraphs that are numbered ( 2) ( 3) and ( 4) which
describe notice , hearings and rule procedures in Bill 494 Draft 2 are
placed in Chapter 4 , Article 4 , Division 2 in Bill 494 Draft 3 .
Communications 1235 .6 through 1235 .9 support tougher legislation and
prosecution for owners of vicious dogs .
PWC REPORT ;';O , 240
rDOPTED : APR 61988
PWC- Page 2 March 29 , 1988
Your Committee on Public Works is in accord with the intent of Bill
No. 494 Draft 3 and recommends its passage on final reading by the
County Council .
tikill, '
iERLE K. LAI , .AIRWOMAN
t 4 ' ' 4 . I 1 (Absent and Excused)
RUSSELL S . KOK BUN, VICE CHR. FRANK DE LUZ III, MEMBER
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T KASHI D• INGO, EMBER SHERWOOD R. H. GREENWELL, MEMBER
LA/TW