HomeMy WebLinkAboutREP FC 449 09/24/1991 REPORT OF THE
COMMITTEE ON FINANCE
Date: September 24 , 1991 Re: 'Comm. 2890
Place: Councilroom
Time: 10 : 00 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Bill 492, reports
as follows :
The purpose of Bill 492 is to amend Chapter 4, Article 1, of the
Hawaii County Code 1983 , relating to animals, by amending the
definition of "vicious dog" to read as follows :
(f) "Vicious Dog" means a dog which:
(1) Places a person or any animal or cat, or doq
in imminent danger of bodily injury; or
(2) Has bitten any animal or cat, or doq. A dog
shall not be deemed vicious where the vicious behavior
in question is the result of the dog being teased,
tormented, or otherwise abused.
New material is underscored.
Communication No . 2890, dated September 19 , 1991, from the
Corporation Counsel, transmits said Bill 492 and explains the
proposed amendment to the County Code is the result of
Ginger Towle' s comment that the current definition is inadequate
because it allows a situation to exist where a dog cannot be deemed
vicious if the dog causes bodily injury or death to another dog or
cat and it further states the definition of animal within the County
Code specifically excludes dogs and cats (H.C.C. Section 4-1(a) ) .
The new definition thus includes all animals, not just those which
are not dogs or cats .
During the Finance Committee meeting held on March 11, 1991, members
reviewed Communication No . 2339 , dated February 26, 1991 from Ginger
Towle, President and General Manager, West Hawaii Humane Society,
requesting amendment to the vicious dog law. Ms . Towle also
submitted copies of correspondence she sent to Fred Giannini , Deputy
Corporation Counsel, and Leigh Critchlow and Board, Hawaii Island
Humane Society. The Committee deferred action on the communication
pending submittal of a proposed amendment to the vicious dog law
from the Corporation Counsel .
FC REPORT NO. 449
ADOPTED: OCT 2 1991
. •
FC- 449 Page 2 September 24 , 1991
The Finance Committee, at its September 24 , 1991 meeting again
considered Communications 2339 ; Communication 2386, a letter from
Patrick Gorman, Director, Hawaii Island Humane Society, dated
March 14 , 1991, who stated that he did not believe that there is a
" loop hole" in the vicious dog ordinance as it pertains to dogs
attacking other dogs and cats, and which would seem to imply that
the drafting process of the vicious dog ordinance was done
inadequately or insufficiently; and also Communication 2885, a copy
of Finance Committee Chairwoman Helene Hale ' s letter to Corporation
Counsel, dated Septebmer 17, 1991, reminding him of the Committee ' s
request of the preparation of the amended bill for an ordinance
relating to the vicious dog law, and Communication 2890, from
Corporation Counsel dated September 19 , 1991, which transmitted
Bill 492 .
Your Committee did not agree that the County Code, as presently
written, needed to be changed to include the proposed amendments .
Your Committee voted to receive and file all communications on the
subject, to include Communication Nos . 2339, 2386, 2885 and 2890 and
also Bill 492 .
Your Committee on Finance is not in accord with the intent and
purpose of Bill 492 and recommends that it be filed.
lf'/n
MINIFHELENE H. HALE, CHAIRWOMAN
ROBERT H. MAKUAKANE, VICE CHR. BR N J. LIMA u BER
jrite-r-421- r 41;;-- fTA SHI DOMII'GO, MERLE/ . LAI , MEMBER
/ / /
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HARRY S. UDDLE, MEMBER - SPENCER K. SCHUTTE, MEMBER
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