HomeMy WebLinkAboutREP PWC 196 11/10/1987 1984-1988 REPORT OF THE
CO11MITTEE ON PUBLIC WORKS
DATE : November 10 , 1987
PLACE : Councilroom
TIME: 1: 30 p .m .
Chairman and Members
Hawaii County Council RE: Comm. 1235/Bill 431
Hilo, Hawaii 96720
Your Committee on Public Works to which was referred Communication
No . 1235 and its attached Bill No. 431 , reports as follows:
Bill 431 proposes to amend Chapter 4 , Article 4 , of the Hawaii County
Code 1983 by making stricter penalties for violations of Section
4-31(b ) , Confinement of Vicious Dogs .
Your Committee on Public Works has reviewed Bill 431 at its October
26 , 1987 meeting . The bill increased the penalty for violations of
Section 4-31 from a penalty of $25 for each violation to a fine of at
least $50 .00 for the first conviction . The bill provides for
increasing penalties for each conviction up to the third
conviction . The maximum penalty would be a fine of not more than
$500 .00 or a jail term of not more than 30 days or both .
Your Committee is aware that the number of vicious dogs biting humans
has increased in the last several years . For example , more bite
cases were reported to the Hawaii Island Humane Society in the first
nine months of calendar year 1987 than in the previous three years .
Your Committee heard testimony from the director of the Hawaii Island
Humane Society regarding vicious dogs . The director stated that the
number of reported cases of dogs biting people is increasing. He
cited a bite case which occurred on Friday, October 23 , 1987 in which
a dog described as a German Shepherd-Akita breed, attacked a 2 1/2
year old boy, biting through the boy ' s skull . The attack occurred in
the yard of a house where the father was reportedly working.
The director further testified that hunting dogs are usually not a
problem as hunters value their dogs and keep them confined . The
director also suggested that the definition of vicious dog be refined
to reflect three categories -- dangerous dog, vicious dog and
ferocious dog .
Two concerns raised on Bill 431 were referred to Corporation Counsel
for an opinion as follows:
1 . Requiring the owner of a vicious dog to pay medical bills
of a bite victim .
2 . Increasing the penalty provision to a $1 ,000 .00 fine and
up to 180 days in jail .
The bill was deferred .
PWC REPORT .`.O . 196
ADOPTED : NOV 1987
PWC-196 Page 2 November 10 , 1987
Your Committee met on November 10 , 1987 and considered drafts 2
and 3 . Draft 2 of Bill 431 provided a maximum penalty of a $1 ,000 .00
fine, one year imprisonment, or both . It further specifed minimum
sentences for a person found guilty as follows:
1 . For the first conviction, a fine between $100 .00 and
$1 ,000 .00 .
2 . For a second conviction within five years of a prior
conviction under Section 4-31 , a fine of not less than
$500 .00 but not more than $1 ,000 .00 .
3 . For a third conviction which occurs within five years of
two prior convictions , a fine of $1 ,000 .
The bill further specified that no fine imposed on a person found
guilty of violating section 431 shall be suspended.
Draft 3 was identical to draft 2 except it provides for 30 days
imprisonment .
Your Committee has been advised by Corporation Counsel in a letter
dated October 29 , 1987 , that draft 3 , by limiting the term of
imprisonment to 30 days would make the offense comparable to a petty
misdemeanor under the Hawaii Penal Code and thus would deny the
defendant the right to a jury trial , and insure that cases involving
vicious dogs would be handled speedily. Provisions of a jail term
would show that the offense is considered to be serious .
Corporation Counsel also advised that requiring a person convicted
under section 4-31 of the County Code to pay medical expenses of
anyone injured by unconfined vicious dogs can ' t be validly placed in
Bill 431 . However , the district court judge trying any violation of
Section 4-31 would be able to impose such a restitutionary form of
sentence under HRS 706-605 ( 1 ) (d ) where such a sentence would be
just and the defendant has the ability to pay .
Your Committee on Public Works recommmend pass. ge of Bill 431 ,
Draft 3 , on first reading by the Council .
,0.0
RLE K . LAI , CH. RWOMAN
IP° I '
RUSSELL S. KOKU:UN, VICE CHAIRMAN FRANK DE LUZ III , MEMBER
TAKASHI DOMINGO, ME ER ROBERT N. HERKES, MEMBER
LA/TW