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HomeMy WebLinkAboutBIL 337 Draft 01 1996-1998OFFICE INFORMATION ONLY Meeting: Hawaii County Council - December 23, 1998 Action: Close file — FC -"109 IZece+�wc &S C�o Se.%If_.. 1'I-��ii 194J wt�+; oh by P,S�cJ„c u.,a O,+d b T le„ io Fee t�',u 331 cw.A aAop1� r -c.-5 1J41 unlw�ta,.�S1y C.G�✓QL` Re: Bill 337/C-1020.01/FC-309 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 337 ORDINANCE NO. A BILL FOR ORDINANCE AMENDING CHAPTER 4 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION) RELATING TO ANIMALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: Section 1. Purpose. The major purpose of this ordinance is to include dogs and cats in the definition of the word "animal." Presently, the word "animal' specifically excludes dogs and cats. This leads to confusion and sometimes results in perceptions of injustice. For example, the definition of `vicious dog" includes the wording defining such a dog as one that places a person or "...other animal in imminent danger of bodily harm" Hawaii County Code 4-1(g). This would mean that a dog which places another dog or cat in danger of imminent bodily harm could not be deemed vicious, although a dog which endangered a duck or chicken could. Amending the law would make the situation fairer. The ordinance also makes other changes to Chapter 4 of the Code such as raising penalties for various offenses, and specifically including the humane society as an agency which enforces the law on animal control. Section 2. Chapter 4, article 1, section 4-1, "Definitions," of the Hawaii County Code, subsection (a) is amended to read as follows: (a) "Animal" [does not include dogs and cats.] means any animal, including dogs and cats. Section 3. Chapter 4, article 4, section 4-14 of the Hawaii County Code is amended to read as follows: Section 4-14. Impoundment of animals[.] except dogs and cats. (a) If any animal, except dogs and cats, trespasses, roams, strays or grazes upon any public lands, private lands of another, or upon any public highway in the County, any police officer or officer may seize and impound such animal for such a period of time as may be deemed necessary; provided that reasonable attempts have first been made to notify the owner or keeper of the animal to remove the animal. (b) If reasonable attempts to notify the owner or keeper of the animal except does and cats are unsuccessful, if the owner or keeper is unknown, or the owner or keeper refuses or fails to remove the animal after notice, the animal may be seized and impounded by the police or any officer. The owner or keeper of the animal shall pay not less than $5 for each animal that is seized and impounded plus all additional costs incurred in the removal and transportation of the animal, and all costs for feeding and care of each animal, including, but not limited to bona fide veterinary expenses. If any damage is done by the animals, the owner thereof shall pay to the proper claimant the full amount of damage or loss occasioned by the straying of the animals. (c) In case the charges and fees are not paid, or after forty-eight hours, in cases where the owners are unknown, the animals may be sold at public auction[, or disposed of by the chief of police or his authorized representative.] by the humane society. Section 4. Chapter 4, article 4, section 4-16 of the Hawaii County Code is amended to read as follows: Section 4-16. Duty upon [striking[ colliding with animals [,including dogs and cats]. The driver of any vehicle which collides with or is involved in an accident with any animal[,including dogs and cats], shall: (a) Stop, move the animal off the road, if possible, and render aid where necessary, and immediately (b) Have the animal's owner located, or (c) Notify the police department or [humane society.] the contracting agency. There shall be a penalty of not more than $50 for each violation of subsection (b) or (c) of this section. -2- Section 5. Chapter 4, article 4, section 4-17 of the Hawaii County Code, is amended to read as follows: Section 4-17. Cruelty to animals[, including dogs and cats]. A person commits the offense of cruelty to animals [,dogs and cats] if he knowingly or recklessly: (a) Gives away an animal [, dog or cat] or animals[, dogs or cats] as a prize or prizes, (b) Abandons any animal[, dog or cat]. There shall be a penalty or not more than $500 for each violation of this section. Section 6. Chapter 4, article 4, section 4-18 of the Hawaii County Code, is amended to read as follows: Section 4-18. Places prohibited to animals[, including dogs and cats]. (a) Except as otherwise provided, it shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or on a leash or in restraint on or about any County beach park or any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, fruit or vegetable stores. (b) This section shall not apply to "Seeing Eye" dogs or other dogs necessarily utilized for the benefit of handicapped persons or to dogs used for purposes of law enforcement by law enforcement agencies of the Federal, State or County governments. (c) There shall be a penalty of not more than $50 for each violation of this section. Section 7. Chapter 4, article 4, section 4-23 of the Hawaii County Code, is amended to read as follows: Section 4-23. Female dogs. (a) Any female dog in season is not permitted to run at large or be off the premises of the owner or keeper during this period except when being exercised on a leash by a responsible adult. -3- (b) At all other times, when any dog is in season such dog shall be confined within a building or enclosure in such a manner that she will not come in contact (except for intentional breeding purposes) with a male dog. (c) A penalty of [SIO] 25 shall be imposed upon the owner or keeper of a dog for each violation of this section. Section S. Chapter 4, article 4, section 4-25 of the Hawaii County Code, is amended to read as follows: Section 4-25. Noisy dog; procedure for abatement of nuisance. (a) Any person disturbed by a noisy dog shall make all reasonable attempts to advise the owner or custodian who keeps such dog of this fact. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog, or after notifying the owner or keeper, the nuisance is not abated, the person may then notify the police department[.] or the humane society. (b) The police department or humane socieri shall advise the owner or custodian of the complaint and of the provisions of this chapter prohibiting such violation. It shall be a violation if the owner or custodian fails to abate the nuisance within one hour after being advised by the police department[.] or the humane society. (c) There shall be a penalty of $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200. Section 9. Chapter 4, article 4, section 4-26 of the Hawaii County Code, is amended to read as follows: Section 4-26. Harboring, holding for reward, or licensing of strayed or stolen dogs. (a) Except as otherwise provided, no person shall harbor or hold for reward or procure a license for a dog which has strayed from his premises or which has been picked up on a public street, highway or other public place unaccompanied by its owner or other person or which has been stolen from its owner. (b) There shall be a penalty of [$10]2255 for each violation of this section. -4- Section 10. Chapter 4, article 4, section 4-27 of the Hawaii County Code is amended to read as follows: Section 4-27. Injuring or poisoning [dogs.] animals. (a) Unless otherwise provided by law, no person shall willfully or negligently injure or poison any [dog.] animal. (b) [There shall be a penalty of SIO for each violation of this section.] These acts shall be classified as cruelty to animals pursuant to section 4-17 of the Hawaii County Code and shall be penalized in accordance with that section. Section 11. Chapter 4, article 4, section 4-29 of the Hawaii County Code, is amended to read as follows: Section 4-29. Leash required for public places. (a) No person shall bring or permit any dog in any County park, public school ground, or airport unless it is held under control by a suitable leash, not more than six feet long; provided, however, that dogs even under control by a suitable leash shall not be allowed in any County beach park. These restrictions shall not apply to dogs utilized by police for patrol or other police purposes. U A leash is required at all times when a doe is off his property unless in an approved hunting area or the dog is a working cattle or sheep herding doe. (c) There shall be a penalty f not more than $25 for each violation of this section. Section 12. Chapter 4, article 4, section 4-31 of the Hawaii County Code, is amended to read as follows: Section 4-31. Confinement of vicious dogs. (a) Every vicious dog shall be confined by the owner within a building or secure enclosure approved by humane society, and shall be securely muzzled or caged whenever off the premises of its owner. If the officer who deems a dog vicious determines that the owner does not have a secure area to kennel the dog he may mpound the do for or a period of fourteen des giving the owner time to build a secure kennel Boarding fees of $2.50 per day shall be charged The dog may be boarded with a veterinarian at the expense of the owner, for an unlimited amount of time, -5- under the control of the humane society. If the dog is boarded at the humane society and the kennel has not been constructed in fourteen days, the dog becomes the property of the humane society. Prior to the completion of the fourteen day period and with the approval of the humane society, the owners may give the dog to someone who can provide the proper kennel The vicious dog designation and requirements go with the dog. (b) Any person found guilty of violating this section may be fined not more than $1,000 or imprisoned for not more than thirty days, or both. The minimum sentence to be imposed upon a person found guilty of violating this section shall be as follows: (1) For a first conviction, a fine of not less than $100, but not more than a $1,000. (2) For a second conviction which occurs within five years of a prior conviction under this section, a fine of not less than $500, but not more than $1,000. (3) For a third conviction which occurs within five years of two prior convictions, a fine of not less than $1,000. l4� The humane society shall be responsible for monitoring all dogs declared vicious. No fine imposed on a person found guilty of violating this section shall be suspended. Section 13. Chapter 4, article 4, section 4-32.1 of the Hawaii County code, is amended to read as follows: Section 4-32.1 Training; appointment; powers of [humane] animal control officer. (a) Pursuant to section 143-2.5, section 143-7, and section 46-1.5 (15), Hawaii Revised Statutes, [a humane] an animal control officer shall be authorized to issue a complaint and summons or other form of citation as the finance director may deem to be appropriate to enable [a humane] an animal control officer to carry out and to perform the duties of [a humane] an animal control officer under this chapter and any contract between the County and a humane society. (b) The finance director shall verify that a person designated by a humane society to serve as [a humane] an animal control officer is qualified and trained to serve in that capacity. The finance director shall be empowered to establish minimum requirements for qualification and training, which may be revised from time to time, provided that a copy thereof, and of any M revisions, shall be kept on file with the finance director's office thereof at all times. All County agencies, officers and employees shall render their cooperation and assistance to the finance director for purposes of this subsection (b). (c) The finance director, upon verification of [a humane] an animal control officer's qualification and training, shall issue an oath of office and identification badge or insignia to the [humane] animal control officer. (d) [A humane] An animal control officer's appointment, power and authority shall be for a period of not more than two years unless the same is sooner terminated by the [humane] animal control officer's discharge as an employee of the humane society or discharge as [a humane] an animal control officer by the finance director. The finance director may terminate and discharge [a humane] an animal control officer's appointment upon recommendation of the humane society of which the [humane] animal control officer is an employee or upon a finding by the finance director that the [humane] animal control officer has failed to comply with the minimum qualification and training requirements established for [humane] animal control officers by the finance director. (e) No proceeding for the appointment, termination or discharge of [humane] animal control officers shall be subject to laws governing civil service or public employees. Section 14. Chapter 4, article 4, division 3 of the Hawaii County Code, is amended by adding a new section to be appropriately numbered and to read as follows: Section 4- Adoption of a dog or cat. Any dog or cat adopted from a humane society shall be spayed or neutered according to the contract of adoption executed by the humane society and the adopting party There shall be a penalty of $100 for failure to comply with this section and the humane society may confiscate the dog or cat. The humane society will be responsible for monitoring the spay/neuter requirement Section 15. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. -7- Section 16. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provision or applications 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 17. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: ord:a\anana12.wpd kEFERENCE: Comm. 1020.01 10