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HomeMy WebLinkAboutREP PWC 141 09/26/1979 1976-1980I , , II/ REPORT OF THE COMMITTEE ON PUBLIC WORKS .J September 26, 1979 Chairman and Members Hawaii County Council Hilo, Hawaii Your Committee on Public Works to which were referred: Comm. 947.2: CHAPTER 4 - ANIMALS - HAWAII COUNTY CODE From Councilwoman Merle K. Lai dated July 12, 1979, requesting a provision addressing the problem of defecation in public and private property be included in the proposed animal control legislation presently being drafted by the Corporation Counsel's office; 947.3: From Corporation Counsel Stephen G. Bess dated August 2, 1979, submitting a copy of the animal control provision in ordinance form which has a few modifications from the original draft as presented by their office. Informs the proposed ordinance has fundamental problems which should-be resolved before action by the Council, and advises of changes to be made which he believes does not detract from the original intent as submitted in the Ad Hoc Animal Control Advisory Commission's draft; 947.4: From David P. Fellows, President, Hawaii Island Humane Society, SPCA, dated August 24, 1979, informing a committee of their board of directors has critically examined Bill 508 and it is ?' their consensus that, with adequate enforcement, provisions of the bill will resolve a reasonable share of dog and, animal re- latedP roblems in our community. Further informs they would support passage of a slightly revised bill incorporating changes, as listed, and believes the proposed amendments are in keeping with the intent of the bill; • 947.5: From Councilman James L. K. Dahlberg, dated September 12, 1979, suggesting that two proposals, as contained in his letter, be considered for inclusion in proposed Bill No. 508; 4,G a , 947.6: From James M. Greenwell, President of Palani Ranch Company, Inc. , dated September 20, 1979, urging serious consideration of their suggested language change in Sections 11.09 and 11.30, dueL.to .a nasty, costly problem some of the ranchers are experiencing from stray dogs killing and maiming cattle; ' r 111 411 PWC Report No, 141 Page 2 September 26, 1979 having considered the suggestions in the aforementioned communications and oral testimony relating to animal control, recommends the following revisions to proposed Bill No. 508: (1) Sec. 11.04 Duty upon Striking Animals (A) Incorporate Section 11. 23, Duty upon Striking Dog or Cat, with Section 11.04; (B) Revise section to read, "Section 11.04 Duty upon Striking 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: Ca) Stop, move the animal off the road, if possible, and render aid where necessary, [or] and (b) Have the animal's owner located, or (c) notify the police department for humane society] ." (2) Sec. 11.05 Cruelty to Animals (A) Incorporate Section 11.24, Cruelty to Dogs and Cats, with Section 11.05; (B) Add "(c) Violates provisions of Section 711-1109, HRS."; (C) Add penalty provision of $25 fine for committing the offense of cruelty to animals. (3) Incorporate Sections 11.18, 11.19, 11.20 and 11.21 into one section for simplicity and clarity with the following changes: (A) "Section 11.18 Seizure of Unlicensed Dogs. Every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square or grounds, or upon any unfenced lot, or not within a sufficient enclosure, even though tied within the owner's lot, and confine it in a pound or any suitable enclosure for a II/ PWC Report No, 141 Page 3 September 26, 1979 minimum period of forty-eight (48) hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and [a penalty] .an impoundment fee of Five Dollars ($5.00) . If not so redeemed, the dogshall be sold by the officer for the amount of the license and [penalty due,] impoundment fee, or as much more as can be obtained therefor, and if not so sold, it shall be humanely destroyed. The owner of any unlicensed dog impounded and not claimed within forty-eight (48) hours as provided in this section, may redeem the dog at any time before sale or destruction of same by paying to the officer, in addition to the amount of the license and [penalty,] impoundment fee, the sum of Two Dollars ($2.00) per day for the number of days over two (2) days the dog was impounded. Of the moneys so received, the amount of the license fee shall be paid to the Director of Finance and the balance shall be retained by the officer to defray the expenses of collecting, keeping and feeding the dog." (B) Sec. 11.19 Redemption of Dog after Sale - add at the end of the section, the words, "plus bonafide veterinary expenses." (C) Sec. 11.20 Stray Dogs - revise section to read; "Section 11.20 Seizure of Licensed Stray Dogs. Every [person who takes into his possession any stray dog shall within twenty-four (24) hours notify the dog warden and releasethe dog to the dog warden. If there is attached to the dog a license tag for the then current year, the dog warden] officer shall seize and impound any licensed stray dog. The officer shall notify the person to whom the license was issued, at the address given in the license certificate, and shall, upon demand made within forty-eight (48) hours thereafter, [and without charge,] release the dog to the person [.] upon payment of an Ilk 4111 PWC Report No. 141 Page 4 September 26, 1979 impoundment fee of Five Dollars ($5.00) . If no person lawfully entitled to the dog shall, within [nine (9)] seven (7) days after the date of giving notice, claim the dog, the dog may be sold or destroyed by the dog warden."; Further amend the section by adding a new paragraph to read, "The owner of any licensed dog impounded and not claimed within forty-eight (48) hours may redeem the dog at any time before the sale or destruction of the 'n to the dogwarden in addition to the Five Dollar $5.00 dogbypaying ( ) p Y g impoundment fee, the sum of Two Dollars ($2.00) per day for the number of days over two (2) days the dog was impounded. All moneys collected shall be retained by the warden to defray costs of collecting, keeping, and feeding the dog." (D) Sec. 11. 21 Redemption of Stray Dog, Licensed Dog . '.delete section. in its entirety and revise the section to read, "Section 11.21 Stray Dogs. Every person who takes into his possession any stray dog shall within forty-eight (48) hours notify the dog warden and release the dog to the dog warden to be impounded and disposed of according to Section 11. 18 if the dog is unlicensed or Section 11.20 if the dog is licensed." (4) Sec. 11.22 Female Dogs (A) Delete the paragraph and insert in lieu thereof, "Any female dog in season (heat) 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. At all other times, such dog shall be confined within a building or enclosure in such manner that she will not come in contact (except for intentional breeding purposes) with a male dog." (B) Add penalty provision of $10 fine for permitting a female dog in season to run at large. 111 III PWC Report No. 141 p Page -5 September 26., 1979 (5) Sec. 11.25 Noisy Dogs Revise paragraph to read, "No person shall keep any dog which [, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity.] barks, bays, cries, howls or makes any other noise continuously and/or incessantly to the dis- turbance of any person at any time of day or night and regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a noisy dog for purposesof this section if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog. Such action is declared to be a public nuisance and detrimental to the public health and welfare." (6) Sec. 11.26 Advise Owner of Noisy Dog; etc. Revises:eetion to read, "Section 11.26 Advise Owner of Noisy Dog; Notify [Humane Society or Chief of] Police Department upon Failure to Abate. - (a) Any person disturbed by a noisy dog shall advise the owner or custodian who keeps such dog of this fact. If the nuisance is not abated, the person shall then notify the [Hawaii Island Humane Society, the West Hawaii Humane Society or the Chief of] Police Department. (b), The [Humane Society or the Chief of] Police Department shall advise the ,owner or custodian of the complaint and of the provisions of this chapter prohibiting such violation." 111 • PWC Report No. 141 Page 6 September 26, .1979" (7) Sec. 11.28 Harboring, Holding for Reward, etc. (A) Section title to read, "Section 11.28 Harboring, Holding for Reward or Licensing of Strayed or Stolen Dogs [, Offering Reward] ." (B.) Delete last paragraph which reads, "No person who has losta dog shall offer a reward or pay a reward for the return of the dog." (C) Add penaltyprovision of $10 fine for harboring, holding for reward or licensing of strayed or stolen dogs. (8) Sec. 11.29 Injuring or Poisoning Dogs Revise sentence to read, , "No person shall wilfully or negligently injure or poison any dog." (9) Sec. 11.31 Places Prohibited to Dogs Revise section to read, "Section 11.31 Places Prohibited to Animals, Including Dogs and Cats. It shall be unlawful for any person to take or permit any dog, cat, or other domestic animal, whether loose or in arms, on or about any establishment or place of business where food or food products are soldor displayed, including but not limited to restaurants, grocery stores, meat markets, fruit or vegetable stores j; and it shall be unlawful for any person to allow any dog to enter or be in any place of worship during public services] . (10) Includea penalty provision Permitting a dog to 'stray, as defined in Section 11.01 and as determined in Sections 11.18, 11.19, 1-1.20.and 11.21: ; First- Offense - Warning ' Second Offense - $5.00' fine Third Offense - $15.00 Fine ' Fourth.and Subsequent , - $15.00 plus $10.00 increments Offenses for each succeeding offense 111 410 PWC Report No. 141 Page 7 September 26, 1979 (11) All laws relating to animal control in the Hawaii Revised Statutes be incorporated in Bill No. 508. (.12) Include a section providing for removal of defecation (refer Comm. 947.2 and 947.5, Item 2) . (13) Include a section providing for prohibiting animals in public places (refer Comm. 947.5, Item 1), suggested language to read: Prohibiting Animals. No person shall bring or lead any dog in any park, public playground or airport unless it is held by a suitable cord or chain, not more than six (.6) feet long, and no person shall bring or lead any dog or other animal onto the premises of any bathing beach. However, these restrictions will not apply to dogs utilized by police for patrol purposes. (14) Refer request of James Greenwell (Comm. 947.6) to Corporation Counsel to incorporate in Bill No. 508, if deemed necessary. (15) Request Corporation Counsel to revise Bill No. 508 as recommended above and to submit an amended Bill No. 508 to the County Council meeting of October 17, 1979, for approval. HAWAII COUNTY COUNCIL - HILO, HAWAII I DO HEREBY CERTIFY that the foregoing Committee Report was con/IT-FEE ON adopted by the Council of the County of Hawaii on OCT 3 1979 PUBLIC '/IORKS s ATTEST: AMENDED 9 4;1(:,2, v a R. B. Leg •'spi, ternEII YamGSh1r0 REPORT NO, 141 COUNTY CLERK COUNCIL ...-:AIRMAN WORKS411 COMMITTEE PUBLIC REPORT NO. 141 AMENDMENTS CHAPTER 4 ANIMALS HAWAII COUNTY CODE The County Council at its October 3, 1979 meeting amended the recommendations on Communications numbered 947. 2 through 947. 6 as follows ; (1 ) Amend Item (1) (B) (c) by deleting the brackets before and after "or humane society" in Section 11, 04, Duty upon Striking Animals. (2) Amend Item (7) (A) by deleting the brackets before and after ", Offering Reward"; by deleting (B) in its entirety; and changing subsection (C) to (B) in Section 11. 28, Harboring, Holding for Reward, etc. (3) Amend Item (11 ) to add the words "and County Codes" after Statutes. (4) Amend Item (15) to read; "Corporation Counsel be requested to incorporate the above recommendations in a new bill for passage by the County Council at its October 17, 1979 meeting and that Bill No. 508 be filed. " L • REPORT OF THE COMMITTEE ON PUBLIC WORKS September 26, 1979 Chairman and Members Hawaii County Council Hilo, Hawaii Your Committee on Public Works submits for approval Committee Reports dated September 26, 1979 and numbered 141, 142, 143 , 144 , 145 , 146 and 147 . TOMIO FUJII, CHAIRMAN tW I NO-IA H: UAW . . . ..... MERL K. LAI, VIC - HAIRMAN L. K. D H BERG, MEMBER 46 y/' vit-f"404e( Ps?' • • . /` . TAKASHI DOMINGO, MEi°:ER MUNEO SAMESHIMA, MEMBER Report No. /271/ -c, /4/7 ll3 JP O tr. B. No '`i::3 rate: flaLalabl.