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HomeMy WebLinkAboutBIL 318 Draft 01 2012-2014OFFICE INFORMATION ONLY Mecting: Agriculture, Water and Energy Sustainability Committee — February 1, 2015 Action: Withdrawn by introducer (Wille). Rc: Bill 318; Comm. 1 145 (2012-2014 term) COUNTY OF HAWAII �1NtY.os 14 Jai STATE OF HAWAII BILL NO. 318 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1, SECTION 4-1 AND ADDING A NEW SECTION TO ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO TREATMENT OF AQUARIUM LIFE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings. The Council finds that numerous factors including prolonged starvation, keeping aquarium life in less than one gallon of water for transport purposes, and carrying aquarium life in certain manners cause stress to aquarium life and contribute to their mortality rate. Therefore, to reduce mortalities and improve the welfare of aquarium life held within Hawaii County to be sold as pets, the Council acknowledges and affirms the need to prohibit certain practices that increase stress and contribute to mortality. Accordingly, to ensure the improved welfare of aquarium life held within Hawaii County to be sold as pets and to prevent cutting short the normal lifespan of aquatic life, the Council must prohibit prolonged starvation, require a minimum water volume for transport purposes, and prohibit carrying or causing aquarium life to be carried in a manner that is likely to result in injury or death to the aquarium life. SECTION 2. Chapter 4, article 1, section 4-1 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "animals" to read as follows: ""Animals," unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, honeybees, and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of a dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property; animals exclude aviary game birds [and-fis ] as defined in the Hawaii Revised Statutes. Animal shall further mean any "animal," "farm animal," or "poultry" as those terms are defined in [seer] this section." SECTION 3. Chapter 4, article 4 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section 4- . Treatment of aquarium life to be sold for aquarium use. (a) As used in this section, unless the context clearly requires otherwise: "Aquarium life" means any type of saltwater fish, mollusk, crustacean, arthropod, invertebrate or other animal harvested for aquarium use from Hawai`i's marine environment. "Aquarium use" means to hold aquarium life alive in a state of captivity as pets, or for public exhibition or display, or for sale for these purposes. "Sell" means to transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to agree to do the same to another for consideration." (b) Any person who sells aquarium life for aquarium use is prohibited from treating aquarium life in an inhumane manner. For the purposes of this section, inhumane treatment of aquarium life includes: (1) Intentionally or knowingly withholding food from aquarium life for more than twenty-four hours; (2) Transporting or causing to be transported within the County aquarium life in less than one gallon of water per each aquarium life with intent to move the aquarium life outside of the County; or (3) Intentionally knowingly, recklessly, or negligently carrying or causingto o be carried in or upon any vehicle or other conveyance aquarium life within the County in a manner that is likely to result in the injury or death of the aquarium life. (c) This section shall not apply: (1) To any person exercising those rights customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua`a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, as protected by article XII, section 7, of the Hawaii State Constitution; (2) To any government or nonprofit agency that specializes in the holding of aquarium life in a state of captivity within the County for education or scientific study, provided that the educational activity or scientific study shall not involve the sale of aquarium life; or (3) To any person possessing aquarium life for the purpose of transit through any port or airport within the County, provided that the aquarium life remains within the boundaries of the airport or port at all times while in the County_ (d) Any person convicted of a violation of this section shall be guilty of a petty misdemeanor and shall be subject to a fine of not more than $1,000, or imprisoned of not more than thirty days, or both. (e) Nothing in this section shall be construed to prohibit lawful fishing, including the lawful harvesting of aquatic life to be used for bait for fishing, for human consumption, or for sale for human consumption." SECTION 4. 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 5. 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 the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: � xw��a C LEMBER, COUNTY OF HAWAII �r Hawaii Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1145