Animal Control laws are the basis for an effective animal control program. Each aspect of the code serves a purpose whether it be control, compliance, education, or revenue generation. In order to offer these areas, I have included a draft code (Attachment A) that addresses many of the areas I referred to in my preliminary evaluation. A commentary on the original code is included as well (Attachment B). The draft code is crossreferenced to the existing code. The situation that exists in Hawaii County is extremely complex and will require changes in addition to a major code revision. The draft code attached is not meant as an immediate substitute for the current code; moreover, it is a blueprint for and overhaul of the existing document. This code is based on Commonwealth of Virginia Code; however, it encompasses all major areas needing attention.

The Hawaii County Animal Code (HCAC) appears to be poorly organized and lacking in major areas such as definitions of terms and appropriate penalty levels. There are ample examples of attempts at piecemeal corrections that are reflected in the disparity between the penalty for poisoning a dog ($10 – 1980) and allowing a dog to stray more than three times ($500 or 100 hours of community service – 1995). Unfortunately these "corrections" seem to have accomplished more, rather than less, confusion. The changes also illustrate that the HCAC has sections that are over twenty years old. Animal care and control best practices have changed dramatically since 1980. Ideally, the chapter should begin with a mission statement that establishes the purpose for the code and the goals it hopes to obtain.

The following are comments on various areas pointed out by the evaluation team. Many of the pratical defiencies are caused be a lack of direction in the HCAC. These recommendations are focused on creating the foundation for a modern, efficient animal services operation. Additionally, they can provide a start for benchmarking services by standardizing enforcement options.

Animal Control Officer training and empowerment should be part of the code. Minimum training standards and requirements are essential to providing a fair, comprehensive program. If animal control is not placed directly under a police agency, there are a number of situations that can present liability problems due to inadequate training or lack of oversight. As mentioned under the Rule 19 procedures, there are a number of areas that the current Humane Officers must demonstrate competency to be "badged". There should be a training and procedures outline along with a certification that covers all necessary job functions. A sample training standard an lesson plan are included. (Attachment C §4.1-2)

The enforcement section is consigned to "humane officers" who are not quite civilians but are certainly not law enforcement officers. The Special Study points out the failing that these types of officials uniformly suffer from – lack of training. Despite the best intentions and efforts, the code does not provide sufficient liability protection for the County or the HHS. Animal Control Officers should be designated within the code and the duties assigned to the appropriate law enforcement agency for administration. These officers should have specific training requirements outlined in the code and that training provided by the municipality. (See #1) Additionally, the ACOs should be under the direction of an Animal Services Supervisor. This individual should be able to perform all the duties of an ACO and have significant management and law enforcement experience. Animal Control Officers should be authorized to fully investigate animal cruelty and related acts. It appears that these agents are currently unable to conduct these investigations on private property or seize animals for other violations. ACOs should be authorized to seize any animal for a violation of County or State Codes. A checks and balances system can insure that animals are not seized gratuitously and persons are not deprived of their personal property without due process. ( § 4.1-2 )

The definitions in §4-1 HCAC should be expanded to include many of the common terms used in animal investigation and enforcement. Of the seven terms defined, two are repetitious ("stray" & "at large") and somewhat contradictory. Terms used later in the code ("dangerous", "fierce", and "humane officer") are not defined at all. A list of suggested definitions is included in the draft code and covers many of the needed areas. All definitions used must be clear, concise and not contradict other definitions in the HRS or HCAC. Many of the current sections (Noisy dogs §4-24) are mostly definitions that would best be relocated to a consolidated definitions section. Additionally, the definitions should set the tone for the entire chapter by following the mission statement mentioned above.

(§ 4.1-2 et al)

There should be limits on the number of animals owned or kept on property. This targets animal hoarders and puppy mills. Legitimate interests such as animal breeders and kennels can be accommodated by the use of permit procedures. Everyone that owns animals should be answerable to the cruelty codes and subject to reasonable inspections. In urban areas dogs, cats, and other domestic animals should be licensed and properly regulated. In rural areas, kennels should be allowed with proper oversight. A simple "grandfather" clause would permit all current animal owners to keep their pets as long as they comply with the license codes and continue to do so. ( § 4.1-8)

A concerted effort to consolidate and revise the traditional cruelty to animals style sections within the code must be made. Currently the code only sets penalties for injuring or poisoning an animal ($10 fine), abandoning an animal, or giving an animal away as a prize ($500 fine). Bludgeoning, disemboweling, burning, maiming, torturing and other offenses that result in the death of the animal are not covered under the HCAC. These should be covered in the definitions as mentioned above and punishments commensurate with the offense imposed. Cruelty laws should be strengthened and clearly defined. Suggestions for these are covered in both the code section and the definitions. Both neglect (unintentional acts) and cruelty (intentional acts) are included. These definitions take the ambiguity out of the current code and allow for more complete enforcement of related violations. Animal cruelty charges should be investigated fully and this information shared with other agencies in law enforcement and alternately, child protection. ( § 4.1-78)

Animal license fees should be increased and the license requirement code should be enforced. Cats should be included in the license requirements (See #6) This may be accomplished by authorizing the ACOs to hand out ‘unpaid invoices" instead of criminal tickets for these violations. The code needs to have an incentive program included to encourage animal spay/neuter. Increased license fees with large differentials is one method. It may be feasible to offer citizens a rebate or a bounty for each animal that is sterilized. This could be up to the amount of the one year unlicensed rate. Many cities have successfully implemented this with public support. Code requirements for people engaged in breeding for profit should be included in this section. Both functions can work together to reduce the number of animals abandoned and therefore handled by animal shelters. License procedures should be made as simple as possible under the code with license renewals allowed by mail and Internet. Multi-year licenses with discounts for altered animals are another incentive. (Article II § 4.1-50 et al)

Stray cats appear to be a major problem for the County. The HCAC offers little in the way of control for the animal that is the largest single factor for animal control. As mentioned above, cats should be treated as other all other animals and have a standard license fees. The control ordinance should require that cats be maintained on the owner’s property; however, it is not necessary to go as far as some localities that have instituted leash laws. Impoundment penalties should also track those for dogs. Cats should fall under a general nuisance code that allows for persons to be compensated for damage done by cats to personal property. ( § 4.1-79)

Unfortunately, all fines imposed revert to the State coffers instead of the local treasury where they could offset operational expenditures. This is a major problem. Some solutions include implementing a civil penalty or simple "charge" for non-jail able offenses. Fines can be set in the code to handle first, second, and third offenses. These graduate penalties will hopefully have an impact on the recidivism rate and encourage compliance. As an alternative, animal obedience classes for pet and owner could be imposed instead of monetary penalties. The revision should also standardize the current fees charged for impoundment, licensing and fines. Again, most of these sections were last revised in 1980 and do not accurately allow for rising costs in animal boarding, veterinary care and administrative services. While license fees in progressive areas throughout the United States range from $15 - $75 for unaltered dogs, HCAC assesses only $6 for the same animal. The differential between altered and unaltered animals provides no incentive for owners to spay or neuter their pets. The costs related to caring for animals have likewise increased even if labor costs alone are factored in to the equation. Kennel attendants are uniformly underpaid; however, they still earn minimum wage. Veterinary costs have increased almost exponentially. Taking these issues into consideration, fees should be raised on impoundment ($25), boarding ($15), unaltered license ($50) and civil penalty fines ($100) for non-cruelty offenses. ( § 4.1-85)

Another major revision needed is the departure from the "sale" of animals in favor of adoptions. This is another hold over from the 1980s. There should be an established code that defines how long an animal should be retained by the sheltering agency prior to being made available to a new owner. The new owner should be required to alter the animal and agree not to breed it prior to surgery. The new owner should be required to return the animal to shelter if it is no longer wanted as a pet and there should be substantial penalties for non-compliance. Holding periods for strays should be at least five days for animals without ID and ten days for animals bearing identification. There should also be a requirement that the ACO or shelter staff make a bona fide attempt to contact the owner of record and make note of that fact.( § 4.1-85)

The nuisance code should be amended to allow for the confiscation of any animal that is posing a public nuisance. Essentially, any animal that barks for more than ten minutes in a sixty-minute time continuously may be confiscated. This allows the ACO some discretion but also give them wide latitude to correct these problems.( § 4.1-76)

Codes need to be uniform and track the Hawaii Revised Statutes clearly. The animal code should be reviewed at least once per year to resolve any discrepancies caused by changes in state or other laws. Codes should be compared to insure internal consistency for both level of penalty and relevancy to other codes. Zoning codes should also be considered when making these reviews. The new code should accurately track the State laws regarding animal care and control. For example as mentioned in the Special Study, there are sections (notably the vicious animal sections) that do not match the Hawaii Revised Statutes. The HRS provides a uniform code for application statewide. It is unclear why or how the HCAC deviated from the guidelines established under state statutes; however, any competent attorney should be able to refute the HCAC in this specific area and obtain an outright dismissal of charges brought under this section. Special attention is needed to insure that discrepancies reoccur. The code should be organized into sections that follow a logical progression. Unlike the current code, the revised section should clearly outline all aspects of animal control operations. There should be a separate shelter operations section of the code should address the requirements for housing animals under contract. The animal shelter, as well as any private rescue groups, must conform to the highest standards of animal care and set the example for citizens to follow.

10.01 A review of current County of Hawaii ordinances indicates a need for improvement. The new Animal Control Advisory Board, the County of Hawaii, HIHS and the community should work together to update its ordinances. Rating: 3

For comparison, the following penalties apply in for these offenses.

Class 1 Misdemeanor = Maximum 1 year jail $2500 fine

Class 2 Misdemeanor = Maximum 6 months jail $1000 fine

Class 3 Misdemeanor = Maximum $500 fine

Class 4 Misdemeanor = Maximum $250 fine

ARTICLE I. GENERAL PROVISIONS

Sec. 4.1-1. Violations of chapter; penalties.

Unless otherwise provided, a violation of any provision of this chapter shall constitute a class 1 misdemeanor. Each day's continuance of the violation shall constitute a separate offense. In addition to any penalties imposed by the court for any violation of this chapter, the court may require that restitution be paid to the county for any costs expended for investigation, handling, care, housing or medical care for the animals.

Sec. 4.1-2. Definitions.

The following words as used in this chapter shall have the following meanings:

Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care for a period of five (5) consecutive days.

Adequate care or care means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

Adequate feed means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

Adequate shelter for animals kept outdoors must comply with the following standards:

(1) The shelter must be a well-constructed structure with a roof, enclosed sides, one of which must contain an entry way and a solid, level floor raised at least two (2) inches from the ground. The entryway openings shall not comprise an entire side of the structure.

(2) The shelter must have no cracks or openings other than the entrance.

(3) The shelter must be small enough to allow an animal to warm the interior of the structure and maintain body heat, but large enough to allow the animal to stand, turn and lie down.

(4) Between November 1 and March 31 and whenever the real or effective temperature is forty-five (45) degrees Fahrenheit or lower, the entryway must be protected by a self-closing door, an offset outer door, or a flexible flap, and a sufficient amount of dry bedding material must be provided to insulate against cold and damp.

(5) The shelter must be placed where it will be adequately shaded in hot weather and protected from the wind in cold weather.

Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age, size, and health of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least five (5) feet in length or three (3) times the length of the animal whichever is longer, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Provided, however, that no animal shall be tethered for more than twelve (12) hours in a twenty-four-hour period.

Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

Adoption means the transfer of ownership of a dog or cat from a releasing agency to an individual.

Adult dog or cat means any dog or cat over the age of four (4) months.

Agricultural animal means all livestock and poultry.

Ambient temperature means the temperature surrounding the animal.

Animal means any nonhuman vertebrate species except those fish captured and killed or disposed of in a reasonable and customary manner.

Animal control officer means the person employed, contracted, or appointed by the County of Hawaii who has attended training in animal welfare programs as recommended and/or certified by the Director of Finance pursuant to Rule 19, for the purpose of aiding in the enforcement of this law or any other law or ordinance relating to the licensing of dogs and cats, control of animals, cruelty to animals, or seizure and impoundment of animals, and who is appointed as special police officer and who meets the requirements of Hawaii Code. The term "animal control officer" shall also include his designee.

Animal shelter means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Boarding establishment means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee or barter.

Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.

Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law, as research animals shall not be considered companion animals for the purposes of this chapter.

Consumer means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services.

Dangerous animal means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal.

Dealer means any person whom in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer.

Deputy animal control officer means any person who is appointed to assist the animal control officer in the performance of his duties who is appointed as a special police officer and who meets the requirements of Hawaii Code.

Domestic animal means a dog or cat.

Emergency veterinary treatment means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.

Enclosure means a structure used to house or restrict animals from running at large.

Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness as prescribed in state veterinary guidelines.

Exhibitor means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture.

Exotic animal means any live monkey (nonhuman primate), raccoon, skunk, wolf, wolf-canine hybrid, squirrel, fox, porcine, leopard, tiger, lion, panther, ratites, or any other warm-blooded animal, poisonous reptile, or nonpoisonous reptile six (6) feet or longer in length which can normally be found in the wild state or any other member of the crocodilian, including, but not limited to, alligators, crocodiles, caimans, and gavials. Ferrets, birds which are normally purchased through pet stores (with the exception of ratites), nonpoisonous reptiles less than six (6) feet in length, domestic rabbits and domestic rodents which have been bred in captivity and which never have known the wild shall be excluded from this definition.

Exposure means any bite, scratch or other situation where saliva or central nervous system

(CNS) tissue or fluid of a rabid animal or potentially rabid animal enters an open fresh wound or comes in contact with a mucous membrane by entering the eyes, nose or mouth.

Groomer means a person who for a fee cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.

Housing facility means any room, building, or area used to contain a primary enclosure or enclosures.

Humane means any action taken in consideration of and with the intent to provide for the animal's health and well being.

Humane society means any chartered, nonprofit organization incorporated under the laws of the State of Hawaii and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

Immediate threat means a situation or condition having a high probability that serious or severe or irreparable harm or injury to an animal is imminent, has already occurred, or may occur again if the animal is not protected from harm or the danger is not removed.

Kennel means any establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.

Leashed or lead control means a suitable restraint no longer than twenty (20) feet in length and in good repair which is affixed to the collar, halter or harness of an animal and is held or controlled by a person capable of exercising adequate control over the animal.

Livestock means one or more of the same species and includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

Other officer includes all other persons employed or elected by the people of Hawaii, or by any municipality, county, or incorporated town thereof, whose duty it is to preserve the peace, to make arrests, or to enforce the law.

Owner means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.

Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporations, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

Pet shop means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

Poultry includes all domestic fowl and game birds raised in captivity.

Pound means a facility operated by the County of Hawaii, or any political subdivision, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, county, town, or incorporated society for the prevention of cruelty to animals.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

Properly cleaned means that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with a stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

Properly lighted means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the shelter, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals.

Public health officer means the director of public health or his designee.

Quarantine means restriction of the activities of an animal that has been exposed or is suspected of being exposed to a communicable disease during a period of communicability or incubation to prevent further disease transmission. Such quarantines shall meet the criteria set forth by the director of public health or her designee in accordance with the current guidelines in the "Compendium of Animal Rabies Control" and the Hawaii Revised Statutes, as amended. Absolute or complete quarantine means the restriction of contact between exposed subjects and other animals and/or humans for a period of time not longer than the longest usual incubation of the disease. Modified quarantine means a selective, partial limitation of freedom of movement and contact between exposed and nonexposed humans and/or animal as deemed appropriate to prevent transmission of the disease.

Releasing agency means a pound, animal shelter, humane society, animal welfare society, society for the prevention of cruelty to animals, or other similar entity that releases a dog or cat for adoption pursuant to Hawaii Code.

Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

Sterilize or sterilization means a surgical or chemical procedure performed by a licensed veterinarian that renders an animal permanently incapable of reproducing.

Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.

Veterinary treatment means treatment by or on the order of a duly licensed veterinarian.

Vicious animal means an animal which has done any of the following: (1) killed a person; (2) inflicted serious injury to a person or animal, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of bodily function; (3) continued to exhibit behavior which resulted in a previous court or administrative finding that the animal is dangerous, provided that the owner or custodian had been given notice of such finding; or (4) has demonstrated a trend towards continually exposing humans to the potential of rabies as recorded through the rabies quarantine program administered by the Hawaii Department of Public Health.

Weaned means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five (5) days.

Sec. 4.1-3. Animal control officer and animal protection unit.

In the department of police, there shall be the animal protection unit which shall be charged with the enforcement of the county ordinances and state laws relating to animals and shall manage the animal management center. All ordinances and laws relating to rabies and rabies control shall be enforced by the director of public health or his designee who may also designate the animal protection unit to enforce such ordinances or laws. All ordinances or laws relating to payment of animal license taxes shall be enforced by the animal protection unit as the county treasurer's designee. The animal protection unit shall also perform such other duties as are assigned to it by ordinance or by the county manager or by the chief of police.

The animal protection unit shall be under the control and direction of the chief of police or his designee. There shall be designated in the unit an animal control officer. There shall also be designated in the unit deputy animal control officers who shall also be known as humane officers and who shall assist the animal control officer in inspection activities and enforcement of ordinances and laws relating to animals. Such animal control officer and deputy animal control officers shall have the power to arrest and issue summons within the county to any person found in the act of violating applicable local, state or federal regulation, law or ordinance related to animals.

Sec. 4.1-4. County animal management center.

(a) Any animal picked up or impounded by the animal protection unit and not immediately returnable to its owner or custodian shall be impounded by the county. The county animal pound shall be known as the animal management center and shall be accessible to the public at reasonable hours during the week for redemption of impounded animals. The county animal management center shall be under the control and direction of the chief of police or his designee.

(b) Owners may release their animals for adoption or disposal at the county's animal management center upon completion of a release form and payment of the first day's impoundment fee. The chief of police or his designee may waive such impoundment fee. Release of an animal to the county's animal management center shall not be construed to be abandonment of the animal.

(c) Animal carcasses may be brought to the county's animal management center for disposal. Disposal fees shall be set by the chief of police or his designee and shall cover the cost of incineration or other method of disposal. The chief of police or his designee may waive such fees.

(d) Any person surrendering a live or deceased animal to the animal management facility for disposal shall certify that the animal has not exposed any person in the last twenty (20) days. Failure to truthfully certify shall constitute a class 1 misdemeanor.

The owner or custodian of any animal which has died from disease or other cause and is not the subject of a rabies exposure as defined in article III shall forthwith bury with at least twelve (12) inches of fill dirt flush with the ground surface, or sanitarily cause disposal of the same in accordance with guidelines set by the superintendent of waste management. If, after receiving written notice from the county, any owner or custodian fails to do so, the animal control officer or his designee, or other county official shall cause disposal of the animal, and may recover on behalf of the county from the owner or custodian the cost for this service. The carcasses of dead animals may be disposed of in accordance with procedures set by the superintendent of waste management, through the county animal management center, or through private vendors. In the event the owner or custodian of the animal cannot be ascertained, the property owner or occupant shall be responsible for disposal in accordance with this section.

Sec. 4.1-6. Animal traps.

(a) The animal protection unit shall maintain an inventory of various-sized live animal traps, which may be made available to the citizens of Hawaii for a period of up to seven (7) days. A further seven-day extension may be allowed at the discretion of the animal protection unit depending on current inventory, public demand, or citizen need. A deposit of twenty dollars ($20.00) shall be made with the animal protection unit for the use of any animal trap. When a trap is destroyed, lost or damaged through negligence, those persons responsible for the trap shall reimburse the county for the full cost of the repair or replacement of the trap. All animal traps shall be clearly marked with the owner's name and address.

(b) Prior to utilizing any trap set for the capture of any wild or fur bearing animal, the person acquiring such trap must first present any required permit issued by the Department of Wildlife and Game pursuant to Hawaii Code and register with the animal protection unit. A permit is not required for capture of stray domestic animals, mice, rats or nuisance rodents upon a private property.

(c) No person may interfere with the lawful use of an animal trap. This subsection will not apply to the animal control officer, deputy animal control officer, the director of public health or his designee, any county employee dealing with a trap placed upon county property without consent of the county, the fire chief or his designee, or a state or federal game warden.

(d) Any violation of this section shall constitute a class 1 misdemeanor.

Sec. 4.1-7. Keeping of certain animals within the county.

(a) It shall be unlawful for any person to keep in any building or on any premises within the limits of the county any livestock or poultry without a permit issued by the director of public health. Such permit shall designate the location at which said animals shall be kept and the number of animals to be kept at said location.

(b) It shall be unlawful for the owner or any person having charge or control of any livestock or poultry to permit said animals to be at large within the limits of the county.

(c) The provisions of this section shall not apply to slaughterhouses lawfully operating within the county, authorized shows or exhibits, except regarding strays from the above-listed operations, licensed kennels, veterinarians, animal shelters or humane societies, licensed temporary exhibits, licensed pet shops or licensed/authorized training facilities. No other exceptions or exemptions to this section are authorized.

Sec. 4.1-8. Limitation on keeping of dogs or cats.

(a) No more than four (4) adult dogs and four (4) adult cats may be kept in any one dwelling unit or premises within the county limits.

(b) Prior to <<Enacted Date>>, any person owning or having custody of more than the allowable number of dogs or cats shall apply for licenses for each adult dog or cat and such person shall not be charged with a violation of this section for the period which the licensed dogs or cats remain in the custody of such person. Only adult dogs or cats licensed by the owner or custodian prior to <<Enacted Date>>, shall be allowed over the limit set by this section. The owner or custodian may not transfer the exemption to other dogs or cats not specifically licensed prior to <<Enacted Date>>. Upon the death, loss or transfer of ownership of the licensed dogs or cats, the owner or custodian is prohibited from owning more dogs or cats than allowed by this section.

(c) This section shall not apply to licensed kennels, veterinarians, animal shelters or humane societies, licensed temporary exhibits, licensed pet shops, kennels housing law enforcement animals, or licensed/authorized training facilities. No other exceptions or exemptions to this section are authorized.

Sec. 4.1-9. Permits for companion pet dealers, grooming salons, pet shops, or sale of pets.

(a) Any person operating a pet shop or grooming salon, operating as a dealer in companion animals, or offering for sale any companion animal, is required to obtain a permit from the animal control officer no later than January thirty-first of each year. Such permit will be renewable each January thirty-first thereafter subject to the approval of the animal control officer. The cost for each permit will be fifty dollars ($100.00) per year.

(b) Any person obtaining a permit pursuant to this section will be required to maintain records as specified by the county on the application form. The animal control officer or public health officer will be allowed to inspect any facility at which the permittee is maintaining the animals without prior notice to the permittee. The permit shall be conspicuously displayed in an area of public view.

(c) Applications and renewals for permits issued pursuant to this section may be denied by the animal control officer if the applicant or permittee has demonstrated fraudulent practices, inhumane treatment of animals, or violation of local, state or federal laws applicable to animals. An applicant may appeal any denial for permit or renewal to the animal welfare board of review as set forth in article VII.

(d) A permit may be revoked after investigation and hearing by the animal control officer. The animal control officer will serve at least five (5) days' written notice of intent to revoke a permit on the permittee either in person or by posting of the notice to the front door of the facility where such animals are kept. A hearing will be held within ten (10) days of service of the notice. Testimony by the serving officer that notice was served upon the permittee or posted at the facility where the animals are maintained will constitute prima facia evidence of proper service. A permit may be revoked for fraudulent practices, inhumane treatment of animals, or a violation of local, state or federal laws applicable to animals. The animal control officer will provide written reasons for any determination of revocation within five (5) days of hearing. A permittee may appeal any decision of the animal control officer to the animal welfare board of review as set forth in article VII.

(e) Any companion animal dealer, pet shop, grooming salon, or person who offers for sale any companion animal or who continues operation after revocation of their permit shall be guilty of a class 1 misdemeanor for each day of operation after revocation.

Sec. 4.1-10. Prohibition of keeping or exhibiting of wild, exotic or poisonous animals within the county.

(a) It shall be unlawful for any person to keep or exhibit or permit to be kept or exhibited upon any property within the county limits any wild, exotic, and/or poisonous animal without a permit from the animal control officer. In no case, however, shall any such wild, exotic, and/or poisonous animal(s) be exhibited, displayed, or kept in such a manner so as to permit said animal(s) to escape, be at large, or to otherwise come in direct physical contact with any person unless under the direct care and control of the handler.

(b) The owner or custodian of any wild, exotic and/or poisonous animal shall apply to the animal control officer within ten (10) working days of acquisition of said animal, within ten (10) working days of becoming a new resident of Hawaii, within ten (10) working days of changing address within the county, or in the case of an exhibition (10) working days prior to the exhibition, for a permit authorizing the keeping of said animal within the county limits. Each applicant for a wild, exotic or poisonous animal permit shall by affidavit provide the following:

(1) Name and street address of each owner(s)/custodian(s);

(2) Location of animal(s) storage facility;

(3) The common and scientific name of the subject animal(s);

(4) The date of acquisition of each animal;

(5) The source of acquisition of each animal;

(6) The sex, age, height and/or length of each animal;

(7) Any identifying marks or numbers unique to each animal;

(8) A statement of understanding signed by the owner(s)/custodian(s) concerning human exposures in relation to the current state and local laws involving rabies control;

(9) The current phone number and street address of owner(s)/custodian(s) and animal(s), if storage location differs from residence of owner(s)/custodian(s).

(10) At least one emergency phone number where owner(s)/custodian(s) can be contacted in case of emergency.

(c) The permit shall not be transferable and shall be valid through December thirty-first of the year of issue and shall be renewed by January thirty-firs of each subsequent year. Permits for temporary exhibit shall be valid for the time period specified in the permit. One permit per address will be required within the Hawaii County limits. On the permit shall be listed each animal held within the county limits as identified in subsection (b). The County of Hawaii's wild, exotic and/or poisonous animal permit shall be required in addition to any required federal or state permits. Information supplied on such permit shall be provided to relevant county departments as notification for public health and safety purposes.

(d) It shall be unlawful to release any wild, exotic, and/or poisonous animal(s) into the wild.

(e) The initial fee to cover the cost of the permit administration shall be twenty-five dollars ($50.00) per address. A charge of fifteen dollars ($25.00) will be collected for annual permit renewal, the adding of additional animals to an existing permit, or the duplication of an existing permit.

(f) It shall be unlawful for any person to furnish false information for the purpose of obtaining a permit pursuant to subsection (b). Any permit obtained under fraudulent pretenses shall be null and void with any animals named thereon subject to impoundment by the animal control officer pending a determination by a court of competent jurisdiction as to the appropriate disposition of said animal(s).

(g) Any person applying for a wild, exotic or poisonous animal permit shall provide evidence of surety bond or liability insurance in the amount of fifty thousand dollars ($50,000.00) which covers incidences or occurrences involving the wild, exotic or poisonous animals.

(h) The animal control officer or his designee may reject an application for a wild, exotic or poisonous animal permit, renewal of a permit, or the addition of an animal to an existing permit for any of the following reasons:

(1) Failure to comply with or supply any information required in subsection (b); or

(2) Falsification of any information required in subsection (b); or

(3) Previous or current violations of any provisions of this section; or

(4) Previous or current violations of any local, state, or federal law relating to animals; or

(5) The history or demonstration of a vicious or dangerous nature of an animal.

Any person whose application is rejected pursuant to this subsection may appeal this decision to the animal welfare board of review as set forth in article VII.

(i) The animal control officer or his designee may revoke a wild, exotic or poisonous animal permit and impound the animals for any of the following reasons:

(1) Failure to comply with the terms of this section; or

(2) Falsification of any information required in subsection (b); or

(3) Violation of any local, state or federal law applicable to animals.

Any person whose permit is revoked pursuant to this subsection may appeal this decision to the animal welfare board of review as set forth in article VII.

(j) The permittee shall post a placard provided by the animal control officer in an area of public view on any premises, building or structure where the wild, exotic or poisonous animal is kept or housed. Failure to post the placard shall be a violation of this section.

Sec. 4.1-11. County as a bird sanctuary.

(a) The entire area within the corporate limits of the County of Hawaii shall be a bird sanctuary for the protection of all birds, except starlings, pigeons and English sparrows. Signs stating that the county is a bird sanctuary may be erected in this county; provided, that the types of signs and locations thereof are first approved by the county manager.

(b) It shall be unlawful for any person within the county to kill or injure any bird or to destroy or injure the nest or eggs of any bird, except starlings, pigeons (other than homing pigeons which are banded for identification) and English sparrows, and the nests or eggs thereof.

(c) The animal control officer is hereby authorized to designate some member of the animal protection unit who shall, when so designated be then authorized to humanely remove or frighten from points of concentration on any property, any or all nuisance birds there harboring or concentrated.

Sec. 4.1-12. Pigeons.

(a) It shall be unlawful for any person to permit any pigeons, except homing pigeons, to fly at large within the limits of the County of Hawaii. The owner or occupant of the lot or premises upon which pigeons are kept or permitted to harbor shall be responsible for any violation of this section.

(b) The concentration of pigeons constitutes a public nuisance in the county. The animal control officer is hereby authorized to designate some member of the animal protection unit who shall, when so designated, be then authorized to humanely remove or frighten from points of concentration on any property, any or all pigeons there harboring or concentrated.

Sec. 4.1-13. Feeding of wildlife.

It shall be unlawful to feed any native Hawaii wildlife within the county limits except in areas designated for that purpose.

Secs. 4.1-14--4.1-49. Reserved.

ARTICLE II. LICENSING OF DOGS AND CATS

Sec. 6-1.50. License for dog or cat required.

(a) It shall be unlawful for any person to own in the county a dog or a cat four (4) months old or older unless such dog or cat is licensed under the provisions of this article. New residents of the county must obtain the required dog or cat licenses within ten (10) days of bringing the animal into the county.

(b) The first violation of this section shall constitute a class 4 misdemeanor. The second violation on the same animal shall constitute a class 3 misdemeanor. Subsequent violations on the same animal shall constitute a class 2 misdemeanor. Upon being found guilty of a third or subsequent violation related to the same animal, the court may also order the confiscation and the proper disposition of the animal.

Sec. 4.1-51. License application.

(a) A dog or cat license shall be obtained by a resident of the county by presentation of a written or oral application, evidence of current rabies vaccination and payment of the license tax to the county treasurer or his designee. The county treasurer shall only be authorized to license dogs or cats of resident owners or custodians who reside within the corporate county limits. Any owner or custodian making application for a license may be required to provide evidence of residency. Licensure of a dog or cat by another political subdivision or state will not act to relieve the resident owner or custodian of responsibility to obtain a license for the dog or cat in the county.

(b) It shall be unlawful for any person to make any false statement in or present any false evidence with an application submitted under this section. Violation of this subsection shall constitute a class 1 misdemeanor.

Sec. 4.1-52. Dog or cat license tax.

(a) A license tax shall be imposed on all dogs or cats aged four (4) months old or older in the following manner:

For each male, unneutered . . . $50.00

For each male, neutered . . . 5.00

For each female, unspayed . . . 50.00

For each female, spayed . . . 5.00

For each kennel, five - twenty animals . . . $100.00

For each kennel, twenty one – fifty animals . . . $250.00

(b) Any senior citizen may obtain a dog or cat license for neutered or spayed animals at a discount rate of two dollars ($2.00) per animal. No discount shall be given for unneutered or unspayed animals. Any person fifty-five (55) years of age or older shall be deemed to be a senior citizen upon proof of age.

(c) A written veterinarian's certification showing that a dog or cat has been spayed or neutered shall be presented at the time of application to qualify for the lower tax. Failure to provide such certification shall result in imposition of the rate for unneutered or unspayed animals. Such certification shall indicate the species, breed, name, address and color of said animal and the name, address and signature of a licensed veterinarian.

(d) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing impaired person, or serves as a service dog for a mobility-impaired person, or is a police or detection dog used by a local, state or federal enforcement agency. For purposes of this subsection, "hearing dog" is a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. "Service dog" shall mean a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities or service or support.

(e) Any person giving false information in the procurement of a license pursuant to this section shall be deemed guilty of a class 1 misdemeanor.

Sec. 4.1-53. When license tax is due and payable.

The license tax imposed on dogs and cats in section 4.1-52 shall be due and payable as follows:

(a) On or before January thirty-first of each year the owner of any dog or cat four (4) months old or older or any owner of a kennel shall pay the tax.

(b) If a dog or cat shall become four (4) months old or older and come into the possession of any person between January first and November first of any year, the license tax for the current year shall be paid within ten (10) working days of the date of possession.

(c) If a dog or cat shall become four (4) months old or older and come into the possession of any person between November first and December thirty-first of any year, the license tax for the succeeding calendar year shall be paid within ten (10) working days of the date of possession and the owner of such animal shall be protected from prosecution.

(d) Licenses for the forthcoming year shall be available for purchase November first of the preceding year.

Sec. 4.1-54. Failure to pay license tax when due.

(a) It shall be unlawful for any person to fail to pay the dog or cat license tax when such tax is due. Payment of the license tax subsequent to a summons to appear before a court for failure to pay within the time required shall not operate to relieve such owner from the penalties provided for such failure.

(b) The first violation of this section shall constitute a class 4 misdemeanor. The second violation on the same animal shall constitute a class 3 misdemeanor. Subsequent violations on the same animal shall constitute class 2 misdemeanors. Upon being found guilty of a third or subsequent violation related to the same animal, the court may also order the confiscation and the proper disposition of the animal.

Sec. 4.1-55. Issuance, composition and contents of license.

(a) Upon receipt of a proper application and the prescribed license tax, the county treasurer or his designee shall issue a license; provided that no such license shall be issued for any animal unless there is presented to the county treasurer or his designee a current rabies certificate for such animal.

(b) Each license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name, address and telephone number of the owner or custodian of the animal, the date of payment, the year for which the license was issued, the serial number of the tag, a general description including color, sex, name and breed of the animal, and whether the animal has been neutered or spayed. The metal tag issued hereunder shall be for the calendar year for which issued and shall bear a serial number.

Sec. 4.1-56. Preservation and exhibition of license receipt; tag to be worn by dog or cat; exceptions.

(a) Animal license receipts shall be carefully preserved by the owner or custodian and exhibited promptly on request for inspection by the animal control officer, any deputy animal control officer, and police officer or public health officer. Dog or cat license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such animal. The owner of a licensed animal may remove the collar and license tag required by this section when a dog or cat is:

(1) Engaged in lawful hunting;

(2) When a dog or cat is competing in a licensed or permitted show;

(3) When the dog or cat has a skin condition diagnosed by a licensed veterinarian which would be exacerbated by the wearing of a collar and such is stated in writing and signed by the veterinarian making the diagnosis; or

(4) When the dog or cat is confined within the owner's or custodian's dwelling unit.

(b) Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall be deemed to be unlicensed, and in any proceedings under this section, the burden of proof of the fact that such dog or cat has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the animal.

(c) Violation of this section shall constitute a class 4 misdemeanor.

Sec. 4.1-57. Removal of tag.

It shall be unlawful for any person, except the owner, custodian, or any law enforcement officer, the animal control officer, deputy animal control officer, or special police officer, to remove a legally acquired license tag from a dog or cat. Violation of this section shall be a class 1 misdemeanor.

Sec. 4.1-58. Duplicate tags.

If a dog or cat license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the county treasurer or his designee for a duplicate tag, presenting the original license receipt. Upon affidavit of the owner or custodian, before the county treasurer or his designee, that the original license tag has been lost, destroyed or stolen, the county treasurer or his designee shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the animal. The county treasurer or his designee shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be one dollar ($1.00).

Sec. 4.1-59. Substations and agents for collections of taxes and issuance of licenses and requirement for surety bonds.

The county treasurer may establish substations in convenient locations in the county and appoint agents for the collection of dog and cat license taxes and issuance of dogs and cat licenses and may require surety bonds from said agents for the faithful performance of their duties including the payment to him of collected taxes. Appointed agents shall be entitled to a one-dollar ($1.00) handling fee per license to be deducted from the cost of the tax imposed by section 4.1-52 in accordance with procedures established by the county treasurer.

ARTICLE III. RABIES CONTROL

Sec. 4.1-60. Rabies vaccination or inoculation of cats, dogs and ferrets.

(a) It shall be unlawful for any person to own, keep, hold or harbor any cat, dog or ferret over the age of four (4) months within the county limits unless such cat, dog or ferret shall have been vaccinated with a vaccine licensed by the U.S. Department of Agriculture (USDA) as recommended in the current "Compendium of Animal Rabies Control," prepared by the National Association of State Public Health Veterinarians, Inc. If, however, the requirement of vaccination or inoculation threatens the physical well-being of such cat, dog or ferret, the owner or custodian of such animal shall have a certificate signed by a licensed veterinarian certifying the same; and the owner shall provide a copy of the signed veterinarian certificate to the county's animal protection unit. A copy of such certificate will be forwarded to the director of public health within one (1) working day of receipt by the animal protection unit. The owner or custodian of a dog, cat or ferret shall furnish upon request of an animal control officer, deputy animal control officer, humane investigator, law enforcement officer or official of the public health department, the current certificate of vaccination for such animal.

(b) Any person transporting a cat, dog or ferret into the county from another jurisdiction shall immediately conform with the provisions of this section.

(c) The first violation of this section shall constitute a class 4 misdemeanor. The second violation on the same animal shall constitute a class 3 misdemeanor. Subsequent violations on the same animal shall constitute class 2 misdemeanors. Upon being found guilty of a third or subsequent violation related to the same animal, the court may also order the confiscation and the proper disposition of the animal.

Sec. 4.1-61. Rabies vaccination or inoculation certificate and collar tag.

(a) A suitable and distinctive collar tag and certificate of rabies vaccination or inoculation certifying that the animal in question has been vaccinated or inoculated shall be issued to the owner or custodian at the time of vaccination or inoculation. The collar tag shall be securely affixed to the cat's, dog's or ferret's collar and shall be worn at all times when the animal is not confined within the owner's or custodian's dwelling unit. Proof of rabies inoculation or vaccination in the form of a written certificate must be produced when requested.

(b) A certificate of rabies vaccination or inoculation issued under this section shall mean either: N.A.S.P.H.V. form #50; or veterinary clinic computer printout; or handwritten invoice signed by a veterinarian, any of which must show all of the following:

(1) Owner's name;

(2) Owner's telephone number;

(3) Owner's address;

(4) Species dog, cat or ferret;

(5) Sex of animal;

(6) Age of animal;

(7) Size of animal;

(8) Breed of animal;

(9) Colors of animal;

(10) Name of animal;

(11) First three (3) letters of the vaccine producer's name;

(12) Duration of vaccination: one-year or three-year;

(13) Vaccination serial (lot) number;

(14) Date of vaccination;

(15) Rabies tag number;

(16) Veterinarian's license number; and

(17) Veterinarian's, or authorized representative's, signature.

Such certificate shall certify that the cat, dog or ferret has been properly vaccinated with animal rabies vaccine licensed by the U.S. Department of Agriculture as recommended in the current "Compendium of Animal Rabies Control," prepared by the National Association of State Public Health Veterinarians, Inc. All veterinarians doing business in the county shall provide monthly a copy of any issued certificate of rabies vaccination or inoculation to the animal protection unit.

Sec. 4.1-62. Authority to investigate.

Notwithstanding any of the provisions of this chapter, it shall be the duty of the director of public health or his designee to investigate any report of an animal having caused an exposure to any person or another animal to its saliva or mucous membranes in the county. The director of public health or his designee shall ensure that all quarantine procedures defined by the current "Compendium of Animal Rabies Control" issued from the Office of Epidemiology, Hawaii Department of Health, and the Hawaii Comprehensive Animal Laws are carried out as necessary to prevent the spread of rabies or other epidemiological animal diseases.

Sec. 4.1-63. Report of animal or human exposure.

(a) It shall be the duty of the animal control officer, any deputy animal control officer, any police officer, any veterinarian, emergency service attendant, any private physician, any hospital, any urgent care facility or any other person having knowledge of an animal exposure to a human, to report it within one working day after its occurrence to the director of public health or his designee.

(b) It shall be the duty of any person who has knowledge of the existence of a suspected rabid animal, or an animal exposed to a suspected rabid animal, to immediately report the existence and whereabouts of such animal to the animal protection unit who will then notify the director of public health or his designee.

Sec. 4.1-64. Notice of exposure and access to animal; concealing or harboring such animal to prevent investigation or destruction.

(a) The director of public health or his designee shall notify the owner or custodian of an animal suspected of exposing any person or animal or having been himself exposed to a potentially rabid animal. Once notified of the suspected exposure, any person failing to contact the director of public health or her designee within one working day shall be in violation of this section. Each subsequent day's failure to contact the director of public health or his designee shall be a separate offense. Notice to the owner or custodian will be deemed adequate if executed in any of the following manner: by telephone or facsimile communication; by delivery or posting of notice at the owner's or custodian's last known address; by delivery or oral communication to any other resident of the owner's or custodian's home or a family member over the age of sixteen (16) years; or posting at the location of the exposure (when no address or telephone number can be obtained). Testimony of the issuing official as to the manner of service of the notice will constitute prima facia proof of service.

(b) The owner or custodian of any animal reported to have exposed a person or other animal shall give the director of public health or his designee prompt access to the animal at any time as may be necessary for verification of quarantine or as may be required to prevent the spread of rabies and thereby safeguard human life. Any owner or custodian of an animal for which a notice has been issued concerning an exposure and who thereafter fails to provide prompt access to the animal shall be guilty of a violation of this article.

(c) It shall be unlawful for any person to evade or elude the director of public health or his designee or to dispose of, conceal, harbor, or remove from the county any animal to keep the animal from being quarantined, destroyed or confined in accord with this article.

Sec. 4.1-65. Quarantine of animals suspected of rabies.

(a) Any animal suspected of having rabies, showing active signs of rabies, or having been exposed to a suspected rabid animal shall be inspected by the director of public health or his designee and may be ordered confined under such conditions as the director of public health or his designee determines are necessary to safely quarantine and observe the animal. If the director of public health or his designee determines that such animal can not be safely and appropriately confined under the owner's or custodian's control, the director of public health or his designee may cause such animal to be impounded at the county animal management center facility or other appropriate facility. The owner or custodian of the animal shall bear the expense of such quarantine for a period between one day and six (6) months unless sooner released by the director of public health or his designee.

(b) Any animal quarantined pursuant to this section shall be so kept as to be available for inspection by any duly authorized officer of the department of public health or the animal protection unit and such quarantined animal shall not be removed or released or destroyed by any person or agency from the place of quarantine without the express consent of the director of public health or his designee.

(c) In the event an animal in quarantine needs to be relocated the owner, custodian, or other person undertaking the relocation shall notify the director of public health prior to the relocation occurring. Failure to so notify shall be a violation of this section.

Sec. 4.1-66. Confinement or destruction of animal bitten by rabid animal.

Any animal suspected of being infected with the rabies virus shall be destroyed immediately in accordance with guidelines approved by the state veterinarian or confined in a pound, kennel or enclosure approved by the director of public health or his designee for a period not to exceed six (6) months at the expense of the owner or custodian. If the exposed animal has evidence of a current vaccination, the animal shall be revaccinated within one working day of notification and confined to the premises of its owner or custodian for the period of time determined by the director of public health or his designee in accordance with the current "Compendium of Animal Rabies Control" issued from the Office of Epidemiology, Hawaii Department of Health.

Sec. 4.1-67. Destruction of animals known or suspected to have rabies.

It shall be the duty of any person owning or having custody of any animal declared rabid by a currently licensed veterinarian, in writing, to immediately sign over to the animal control officer said animal. In addition, the director of public health or his designee shall have authority to direct the confiscation and destruction of any animal suspected to have rabies. The animal control officer working with the representative of the director of public health, shall carry out disposition of the animal in accordance with state directives and guidelines. Detailed written records shall be maintained in the animal control officer's and public health rabies control records.

Sec. 4.1-68. Animal dying during quarantine.

If any animal shall die while it is quarantined pursuant to the provisions of this article and such animal is known to have exposed another animal or person at any time during a period of two (2) weeks immediately preceding such death, it shall be the duty of the owner or custodian of such animal to immediately contact the director of public health or his designee and obtain instructions for the testing and/or disposal of the body.

Sec. 4.1-69. Rabies clinics.

The director of public health is hereby authorized to periodically, but not less than once a year, review the need for reduced cost neighborhood rabies clinics to encourage citizens to comply with County Code sections requiring the vaccination of dogs, cats and ferrets against rabies. The director shall base his decision to authorize such clinics upon the availability of veterinarian services to citizens. The director of public health may authorize reduced cost rabies clinics for citizens at which rabies vaccinations shall be administered by a veterinarian, duly licensed in the Commonwealth of Hawaii, and conducted in accordance with the current "Compendium of Animal Rabies Control" and local, state and federal law.

Sec. 4.1-70. Declaration of rabies emergency.

When sufficient evidence exists to believe that a rabid or potentially rabid animal is at large within the corporate county limits or surrounding cities, the director of public health or his designee may undertake any actions necessary to immediately contain and prevent the spread of rabies within the county. This action requires the immediate cooperation of other county agencies in the abatement of the emergency situation. County council may pass an emergency ordinance (which shall become effective upon passage) which shall require owners and custodians of dogs and cats to keep the same confined upon their premises unless under leash and under the control of the owner or custodian so as not to subject their animals to contact with the rabid animal.

ARTICLE IV. OFFENSES REGARDING ANIMALS

Sec. 4.1-71. Use of animals as prizes or inducements.

No person shall give away any live vertebrate animals as a prize for or as an inducement to enter any contest, a game or other competition or as an inducement to enter a place of amusement or offer such vertebrate as an incentive to enter into any business agreement, whereby the offer was for the purpose of attracting trade.

Sec. 4.1-72. Allowing animals to defecate on public property or on private property of other persons.

It shall be unlawful for any owner or person in control of any animal to allow any animal to defecate on the property of other persons without their consent or that of the authorized agent or persons having control of the premises or on public property. Immediate removal and sanitary disposal of the defecated matter shall not constitute a violation of this section. The defecated matter shall be placed in a container and disposed of in a proper waste receptacle. A violation of this section shall constitute a class 3 misdemeanor.

Sec. 4.1-73. Dead or disabled animals.

(a) It shall be unlawful for any person to place, cast, or throw any dead animal into a street, road, waterway, or other public place, to knowingly permit any dead animal to remain unburied upon his property, to retain custody of any maimed, diseased, disabled or infirm animal, or leave it to lie or be in a street, road, or public place.

(b) Violation of this section shall constitute a class 3 misdemeanor.

Sec. 4.1-74. Animals riding in open vehicles.

(a) It shall be unlawful for the operator of any motor vehicle to place or keep an animal in any portion of such vehicle that is open in such a manner so as to permit such animal to jump out of or escape the vehicle or to be thrown from the vehicle by acceleration or stopping of the vehicle or by an accident involving the vehicle. The prohibited portions of a motor vehicle shall include, but not be limited to:

(1) The open bed of a truck or upon a motorcycle; or

(2) The rear storage portion of a vehicle with the tailgate, trunk or hatchback portion open or down.

For the purposes of this section, the operator of a motor vehicle shall be deemed to have control of any animal found therein.

(b) The provisions of this section shall not apply to:

(1) Any person who operates a motor vehicle in which an animal is secured in a cage or carrier of adequate design and shape to protect the animal and prevent its escape;

(2) Any animal which is properly secured; or restrained, or tethered.

(3) Law enforcement animals.

(c) Violations of this section shall constitute a class 2 misdemeanor.

Sec. 4.1-75. Abandonment of animals.

Any person who abandons any dog, cat or other domesticated animal in any public place including the right-of-way of any public highway, road or street or on the property of another shall be guilty of a class 2 misdemeanor.

Sec. 4.1-76. Nuisance animals.

(a) It shall be unlawful for any owner or custodian of an animal to fail to exercise proper care and control of his animal to prevent it from becoming a public nuisance. Excessive, continuous or untimely barking, molesting of passersby, chasing vehicles, attacking other domestic animals, or trespassing upon school grounds or trespassing upon private or public property shall be deemed a nuisance. For the purposes of this section, a dog shall be deemed to be barking continuously if it barks for a period of ten minutes without cessation during a sixty-minute period.

(b) Any person owning or having in his possession or under his control any female dog or cat in estrus shall exercise proper care and control over such animal to prevent it from becoming a nuisance. Allowing said animal to be at large or to be tied or confined outside so as to attract other animals shall constitute a nuisance.

(c) It shall be unlawful for any person to carry or wear any live snake or reptile in public unless such snake or reptile is securely placed in an acceptable animal carrier so as to prevent escape or injury to the snake or reptile, another animal or a human being.

(d) Any person owning or having in his possession or under his control any animal constituting a nuisance shall be given five (5) working days' notice to appear before the animal control officer to show cause why such animal should not be confined, disposed of or removed, or the nuisance otherwise abated. If, after investigation, the animal control officer finds that such animal is a public nuisance the animal shall be either confined, spayed/neutered, disposed of or removed or the nuisance otherwise abated. A written determination shall be provided to the owner or custodian of the animal. The owner or custodian may appeal the animal control officer's decision to the animal welfare board as set forth in article VII.

(e) All costs related to any impoundment of nuisance animals shall be the responsibility of the owner or custodian of the animal.

Sec. 4.1-77. Failure to perform duties of ownership; penalty.

(a) An owner or custodian of an animal shall provide for each of his animals all the following:

(1) Adequate feed;

(2) Adequate water;

(3) Adequate shelter that is properly cleaned and sanitized;

(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

(5) Adequate exercise;

(6) Adequate care, treatment, and transportation; and

(7) Veterinary care when needed or to prevent suffering or disease transmission.

(b) The provisions of this section shall also apply to every animal shelter, pound, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.

(c) The animal control officer, law enforcement officer or special police officer, may enter any facility listed in subsection (b) during the facility's normal working hours to inspect for compliance with the provisions of this chapter or related laws.

(d) Game and wildlife species shall be cared for in accordance with regulations promulgated by the Hawaii Department of Game and Inland Fisheries.

(e) Violation of this section shall constitute a class 3 misdemeanor. The second violation on the same animal shall constitute a class 2 misdemeanor. A subsequent violation on the same animal shall constitute a class 1 misdemeanor. Upon being found guilty of a third or subsequent violation related to the same animal, the court may order the confiscation of and the proper disposition of the animal.

Sec. 4.1-78. Cruelty to animals.

(a) It shall be unlawful and shall constitute cruelty to animals for any person to:

(1) Override, overdrive, overload, torture, ill-treat, abandon, willfully inflict inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly, maliciously or unnecessarily beat, maim, mutilate, or kill any animal, whether belonging to himself or another;

(2) Deprive any animal of necessary sustenance, food, drink, medical care, or shelter;

(3) Willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal;

(4) Carry or cause to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce imminent threat of harm, torture or unnecessary suffering; or

(5) Cause, permit or allow any of the above.

(b) A person found guilty of cruelty to animals may be ordered by a court not to own an animal within the county limits for a period of two (2) years from the date of conviction. Prosecution for violations of this section shall commence within five (5) years after commission of the offense. Prosecutions of this subsection regarding agricultural animals shall commence within one year after commission of the offense.

(c) Nothing in this section shall be construed to prohibit the dehorning of cattle.

Sec. 4.1-79. Animals at large.

(a) It shall be unlawful for the owner, custodian or other person in charge or control of any animal to permit or allow such animal to be at large within the county limits or to negligently fail to prevent such animal from being at large within the county limits. Animals are prohibited from being at large in trailer coach parks, mobile home parks, and apartment complexes and must be maintained in accordance with lease provisions. This section does not apply to law enforcement animals.

(b) For the purpose of this section, an animal is deemed to be at large while roaming, running, flying or self-hunting off the property of its owner or custodian and not under the owner's or custodian's immediate leashed or lead control or secured in an appropriate animal carrier. An owner or custodian of an animal which has completed a certified off leash obedience class may acquire an animal off-leash permit from the animal control officer. The animal control officer shall require proof of such class. The owner or custodian shall carry said permit when the animal is off the owner or custodian's premises. Said permit shall not be needed when the animal is confined within an area designated by the county manager for having animals off leash. The requirements of this subsection relating to leash control shall not apply to cats.

(c) Animals are prohibited at public swimming pools. Animals are prohibited on public school grounds without the written permission from the school administration or the principal.

(d) Any animal picked up or detained by any county employee or on county property at any time shall become the custodial property of the county. If, after a five-day period commencing the day after it is impounded, the owner does not redeem an animal, the animal shall become the property of the county for disposition, except that certain wildlife or non-native species may be delivered to the zoological park for proper care and disposition. The zoological park may retain such animals for display, exchange or may be reintroduced to the wild if such action is appropriate.

(e) The first violation of this section shall constitute a class 4 misdemeanor. The second violation on the same animal shall constitute a class 3 misdemeanor and subsequent violations on the same animal shall constitute a class 2 misdemeanor. Any owner cited for 3 violations of this section, may have his animals impounded or spayed and neutered at the owner or custodian's expense. Costs for spaying or neutering shall be borne by the owner or custodian.

Sec. 4.1-80. Dangerous animals.

(a) It shall be unlawful for any person to keep, harbor or maintain within the county a dangerous animal as defined in this chapter, without a dangerous animal registration certificate from the animal control officer.

(b) The owner or custodian of any animal found to be a dangerous animal shall obtain a dangerous animal registration certificate from the animal control officer. Such registration shall be obtained within ten (10) working days of the determination. The fee for such registration shall be fifty dollars ($50.00) in addition to other fees that may be authorized by law. The registration certificate shall be renewed annually. If the owner or custodian of an animal found pursuant to this section to be a dangerous animal is a minor, the custodial parent or legal guardian shall be responsible for obtaining the necessary certificates and complying with the terms of this section.

(c) The animal control officer shall provide the owner or custodian with a tag that identifies the animal as a dangerous animal. The owner or custodian shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. Failure to display the tag as required herein shall constitute a violation.

(d) All certificates or renewals which are required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence of all of the following:

(1) The animal's current rabies vaccination and that the animal has been spayed or neutered;

(2) That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. Such enclosure shall be a secure and locked structure of sufficient height and design to prevent escape or direct contact with or entry by minors, adults or other animals. Such structure shall provide the animal with shelter from the elements of nature;

(3) That the owner's residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous animal on the property;

(4) That the animal shall be kept muzzled and on a leash in such a manner as not to cause injury to people, other animals or itself whenever the animal is off the owner's property;

(5) That the animal has been permanently identified by a means of a tattoo on the inside thigh or by electronic implantation, or other appropriate method; and

(6) That the owner will immediately upon learning of any of the following incidents, notify the animal control officer or his designee: if the animal: a) is loose or unconfined; b) bites a person or attacks another animal; c) is sold, given away or dies; or d) has been moved to a different address.

Failure to perform each of the above items, shall constitute a violation of this section.

(e) No animal shall be found to be dangerous for any of the following reasons:

(1) Solely because it is a particular breed or species;

(2) If the injury, damage or threat was sustained by a person or animal that was at the time:

a. Committing a crime upon the premises occupied by the owner or custodian; or

b. Committing a willful trespass or other tort upon the owner or custodian's premises; or

c. Provoking, tormenting, or physically abusing the animal or can be shown to have repeatedly provoked, tormented abused or assaulted the animal in the past; or

d. A law enforcement animal that is engaged in the performance of its duties at the time of the acts.

(f) The finding of any court as to the guilt of the owner or custodian of the animal under the provisions of this section shall not be construed in any way to affect the decision of the court as to the disposal of the animal in cases where the court may consider disposal advisable. Where an animal is dangerous without the knowledge of the owner, the court may order the animal destroyed without penalizing the owner. The owner or custodian shall bear the cost of impoundment and disposal of such animal.

(g) Notwithstanding the provisions of this chapter, upon the hearing or trial of any person charged with owning or having custody of a dangerous animal, the animal welfare board or the court in its discretion may find the person not guilty of this section, but guilty of nuisance animal section 4.1-76.

Sec. 4.1-81. Vicious animal.

(a) It shall be unlawful for any person to keep, harbor or maintain within the county a vicious animal as defined in this chapter.

(b) No animal shall be found to be vicious for any of the following reasons:

(1) Solely because it is a particular breed or species; or

(2) If the injury, damage or threat was sustained by a person or animal who was at the time:

a. Committing a crime upon the premises occupied by the owner or custodian; or

b. Committing a willful trespass or other tort upon the owner's or custodian's premises; or

c. Provoking, tormenting, or physically abusing the animal or can be shown to have repeatedly provoked, tormented abused or assaulted the animal in the past; or

d. A law enforcement dog that is engaged in the performance of its duties at the time of the acts.

(c) Any animal found to be a vicious animal shall be euthanized in accordance with the appropriate state code provisions.

(d) The finding as to the guilt of the owner or custodian of the animal under the provisions of this section shall not be construed in any way to affect the decision of a court as to the disposal of the animal in cases where the court may consider disposal advisable. Where an animal is vicious without the knowledge of the owner, the court may order the animal destroyed without penalizing the owner. The owner or custodian shall bear the cost of impoundment and disposal of such animal.

(e) Upon trial or hearing of any owner or custodian charged with a violation of this section, animal welfare board or the court, in its discretion, may find the owner or custodian not guilty of this section but guilty of dangerous animal section 4.1-80.

Sec. 4.1-81.1. Procedural requirements to obtain summons for dangerous and vicious animals.

Any animal control officer or any deputy animal control officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous or vicious animal as defined in this chapter shall apply to a magistrate of the county for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner or custodian of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects public safety, he may permit the owner or custodian to confine the animal until such time as the evidence is heard and verdict rendered. The court hearing the case, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If after hearing the evidence, the court finds that the animal is a dangerous animal, the court shall order the animal's owner or custodian to comply with the provisions of section 4.1-80. If after hearing the evidence, the court finds that the animal is a vicious animal, the court shall order the animal euthanized pursuant to the requirements of section 4.1-81(c).

ARTICLE V. AUTHORITY FOR SEIZURE, IMPOUNDMENT, RECLAMATION AND DISPOSITION OF ANIMALS

Sec. 4.1-82. Authority to impound animals found within county limits.

(a) The animal control officer is hereby authorized to seize and impound any animal suspected of:

(1) Suffering a direct or immediate threat to its life, safety or health which the owner or custodian has failed or refused to remedy;

(2) Being abandoned or at large;

(3) Being cruelly treated;

(4) Being unlicensed;

(5) Being used for gaming or other illegal activity;

(6) Being a dangerous animal in violation of section 4.1-80;

(7) Being a vicious animal in violation of section 4.1-81;

(8) A violation of section 4.1-8;

(9) A violation of section 4.1-10; or

(10) A violation of any other state or federal law or regulation concerning animals.

(b) Any animal seized pursuant to this section shall be impounded at the animal management facility or at another county designated facility. Animals requiring specialized veterinary or other care may be impounded at another county designated facility. Any expense incurred in seizure or impoundment including but not limited to boarding, veterinary care, or license fee, shall become a lien on the animal impounded and must be discharged before the animal is released from the facility. The county shall not be required to hold the seized animal for a period longer than thirty (30) days from the date of the seizure unless a bond as provided for in section 4.1-94 has been posted. In the event no bond has been posted, at the expiration of the thirty-day period, the animal may be disposed of.

Sec. 4.1-83. Notice and hearing for temporary impoundment and notice for seizure.

(a) Written notice of the impoundment of any animal seized pursuant to section 4.1-82 will be given to the identifiable owner or custodian of the animal at the time of seizure. If the owner or custodian is not on the premises from which the animal is seized, notice shall be posted upon the door or other structure in plain view. If such owner or custodian can not be located or identified, written notice shall be given to any family member or person sixteen (16) years old or older residing at the owner's or custodian's last known address; by posting of the notice at the owner's or custodian's last known address or at the site of the seizure; or by delivery or facsimile to the owner's or custodian's last known place of employment.

(b) The written notice of the seizure shall contain the following information:

(1) The time, date and place of the hearing;

(2) Basic identification of the animal seized;

(3) A written statement of the factual circumstances for seizing and impounding the animal;

(4) Notice of the owner's or custodian's financial obligation for the board, necessary medical care, and costs incident to seizure of the animal and that a lien may be placed against the owner or custodian for such costs; and

(5) Notice of the owner's right to surrender all property rights to the seized animal and thereby avoid incurring further costs after such surrender.

(c) A seizure hearing shall be conducted by the animal control officer as soon as practicable after the seizure but in no event earlier than forty-eight (48) hours after the seizure notice has been issued. The purpose of the seizure hearing is to determine whether such animals should continue to be impounded or whether such animal can be safely returned to the owner, custodian or other interested party before final disposition of any suspected violation of state, federal or local law pursuant to which such animal was impounded. The owner or the custodian shall be permitted to attend the hearing to present information concerning the violation.

(d) The animal control officer may make either of the following determinations within five (5) working days of the seizure hearing regarding the continued necessity of impounding the seized animal:

(1) The seized animal(s) can be returned to the owner, custodian or other individual under the conditions set by the animal control officer for one of the following reasons:

a. The owner or custodian has provided evidence to the animal control officer that such owner or custodian can provide adequate care, for the seized animal or any number of seized animals pending the court hearing on any violation related to the animal(s) in a manner in which will ensure public safety. Animals will be returned to their owner or custodian upon payment of the boarding, medical care, and license fees incurred during seizure and impoundment by the county and upon bail set for the safe keeping of the animal(s) pending the trial of the criminal matters. Any animal returned pursuant to this subsection will be required to be kept in the county limits and available for inspection by the animal control officer until any criminal matter has concluded; or

b. Another interested party has provided adequate evidence of ownership of the animal(s) and can provide adequate care, for the animal(s) in a manner which will ensure public safety; or

c. A private veterinarian or kennel facility will continuously board the animal(s) at the owner's or custodian's expense pending the conclusion of any criminal matters. Such veterinarian must be appropriately licensed to board animals and must provide written agreement to board such animal(s) under the conditions set by the court. Seized animals will be released to such a private veterinarian or kennel facility upon payment by the owner or custodian of all boarding, medical care, license and related seizure expenses incurred by the county and arrangement by the owner or custodian to have such animal transported to the boarder. Failure to pay the private veterinarian or kennel facility shall constitute a violation of the conditions of the pre-trial release of the animal(s) by the court. All expenses due to the boarder shall be a private matter between the owner or custodian and the boarder. The county shall not be held responsible for any such costs.

(2) The seized animal(s) cannot be returned to the owner or custodian and should be retained by the county or other authority for boarding or other disposition for one of the following reasons:

a. The owner or custodian has not provided adequate evidence that the animal(s) seized can be safely returned to the owner or custodian pending the final disposition of any criminal violations related to such animal(s); or

b. The owner or custodian will be incarcerated and unable to provide for the animal(s); or

c. The owner or custodian has not appeared at the seizure hearing after notice was given or posted upon the premises; or

d. The animal(s) seized will require veterinary treatment, care or rehabilitation beyond the abilities of the county's animal management center or other facility to provide pending the court hearing on any violation related to the animal(s) and the owner or custodian has not provided evidence of the ability to provide adequate care for such animal(s) and to ensure public safety; or

e. Such animal(s) comes under the jurisdiction of state or federal laws related to endangered or prohibited animal(s); or

f. The animal(s) is prohibited within the jurisdictional limits of the county.

(e) Nothing in this section shall prohibit the immediate humane destruction or euthanasia of any seized animal which is unweaned, critically ill or injured, suspected of being rabid, or which attacks another person or animal while being seized or impounded.

Sec. 4.1-84. Disposition of vicious and feral animals found at large.

Any vicious or feral animal found at large in the county which, because of its disposition or diseased condition, is too hazardous to apprehend may be destroyed when so ordered by the animal control officer.

Sec. 4.1-85. County animal pound; confinement and disposition of stray animals.

(a) All stray animals seized by the animal control officer shall be impounded at the county animal management center or other designated facility. The owner or custodian of the animal shall be responsible for all costs of seizure, impoundment, board and veterinary care for the seized animal. Such costs shall become a lien against the owner or custodian and must be discharged prior to release of the animal.

(b) It shall be unlawful for any person to harbor or keep a stray or an ownerless animal for more than forty-eight (48) hours without notifying the animal protection unit. All stray animals found by any person within the county limits shall be brought to the county animal management center for confinement and disposition within ten (10) days. Anyone bringing such an animal to the county animal management center will be allowed to claim such animal after the holding period provided such animal is not determined to be a health or safety hazard. Impoundment and boarding fees shall be waived for such person upon payment of the adoption fee and agreement to abide by the spay and neuter agreement requirements. Violation of this subsection will constitute a class 4 misdemeanor.

(c) An animal confined pursuant to subsection (a) shall be kept for a period of not less than five (5) days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The animal control officer shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five (5) days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can readily be identified, the animal control officer shall make a reasonable effort to notify the owner of the animal's confinement within the next forty-eight (48) hours following the confinement.

(d) If the rightful owner claims the animal prior to the expiration of the holding period, such owner shall be charged the actual expenses incurred in impoundment and keeping of the animal. Any person claiming to be the owner of an impounded animal shall provide adequate proof of ownership prior to redeeming the animal. It shall be unlawful for any person to present false evidence of ownership in order to redeem or gain possession of an impounded animal. Violations of this subsection shall constitute a class 1 misdemeanor.

(e) The fee for redeeming an animal shall be fifteen dollars ($15.00) for the first twenty-four (24) hours or any part thereof and ten dollars ($10.00) per day thereafter to cover the cost of maintaining and safekeeping the animal. Fee for large livestock or animals requiring special handling shall be fifteen dollars ($15.00) per twenty-four (24) hours plus any transportation, boarding and other fees incurred by the county in keeping such animals. Owners or custodians of an impounded animal shall be responsible for any medical cost related to such animal. Said fees may be waived at the discretion of the animal control officer.

(f) If any animal confined pursuant to this section is not claimed by its rightful owner upon expiration of the holding period, such animal shall be deemed abandoned and will become the property of the county. If such abandoned animal did not bear any form of identification when delivered to the animal management center, such animal may be humanely destroyed or disposed of by:

(1) Sale or gift to a federal agency, state-supported institution, agency of the commonwealth, or agency of another state, provided that such agency, or institution is not engaged in animal research and agrees to confine the animal for an additional period of not less than five (5) days;

(2) Delivery to any humane society or animal shelter within the commonwealth;

(3) Adoption by any person provided the animal is spayed or neutered prior to adoption;

(4) Adoption by a resident of a neighboring political subdivision of the commonwealth; or

(5) Delivery, for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter: a) maintains records which would comply with Hawaii Code; b) requires that adopted dogs and cats be sterilized; and c) has been approved by the State Veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia.

If such abandoned animal did bear a form of identification when delivered to the animal management center, such animal may be humanely destroyed or disposed of only by the methods set forth in paragraphs (2) through (5) above.

(g) No provision herein shall prohibit the immediate destruction of a critically injured or critically ill animal for humane purposes. Any animal destroyed pursuant to the provisions of this section shall be euthanized by one of the methods prescribed or approved by the State Veterinarian. Neither shall any provision in this section prohibit the immediate destruction, for humane purposes, of any animal not weaned, whether or not the animal is critically injured or critically ill.

(h) Nothing in this section shall prohibit the immediate destruction or disposal by the methods listed in subsection (g) of an animal that has been delivered voluntarily or released to the county animal management center by the animal's rightful owner after the rightful owner has, in writing, surrendered all property rights in such animal and has read and signed a statement which: 1) certifies that no other person has a right of property in the animal; 2) certifies that the animal has not exposed any person in the last twenty (20) days; and 3) acknowledges that the animal may be immediately euthanized or disposed of by the methods listed in subsection (g).

ARTICLE VI. MANDATORY STERILIZATION OF DOGS AND CATS ADOPTED FROM COUNTY ANIMAL MANAGEMENT CENTER

Sec. 4.1-86. Sterilization of adopted dogs and cats.

(a) Every new owner of a dog or cat adopted from the county animal management center shall cause to be sterilized such dog or cat pursuant to the agreement required by subdivision (2) of subsection (b) of this section.

(b) A dog or cat shall not be released for adoption from the county animal management center unless:

(1) The animal has already been sterilized; or

(2) The individual adopting the animal signs an agreement to have the animal sterilized by a licensed veterinarian (a) within thirty (30) days of the adoption, if the animal is sexually mature, or (b) within thirty (30) days after the animal reaches six (6) months of age, if the animal is not sexually mature at the time of adoption.

(c) The animal control officer may extend for thirty (30) days the date by which a dog or cat must be sterilized on presentation of a written report from a veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and the releasing agency may negotiate the terms of an extension of the date by which the animal must be sterilized.

(d) Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the animal control officer or his designee, and the new owner.

(e) Upon the petition of the animal control officer to the general district court, the court may order the new owner to take any steps necessary to comply with the requirements of this article. This remedy shall be exclusive of and in addition to any civil or criminal penalty that may be imposed under this chapter.

(f) Violations of subsection (a) or (b) of this section shall constitute a class 4 misdemeanor.

(g) Any person giving false information in the adoption of an animal pursuant to this section including misrepresentation of spaying or neutering shall be guilty of a class 1 misdemeanor.

Sec. 4.1-87. Sterilization agreement.

The agreement pursuant to subsection (b) of section 4.1-86 shall contain:

a. The date of the agreement;

b. The names, addresses, and signatures of the releasing agency and the new owner;

c. A description of the dog or cat to be adopted;

d. The date by which the dog or cat is required to be sterilized; and

e. A statement printed in conspicuous, bold print, that sterilization of the dog or cat is required under this article; that a person who violates this article is subject to a criminal penalty; and that the new owner may be compelled to comply with the provisions of this article.

Sec. 4.1-88. Sterilization confirmation.

Each new owner who signs a sterilization agreement shall, within seven (7) days of the sterilization, cause to be delivered or mailed to the animal control officer written confirmation signed by the veterinarian who performed the sterilization. The confirmation shall describe the dog or cat; include the new owner's name and address; certify that the sterilization was performed; and specify the date of the procedure. Violations of this section shall constitute a class 4 misdemeanor.

Sec. 4.1-89. Notification concerning lost, stolen or dead dogs or cats.

If an adopted dog or cat is lost or stolen or dies before the animal is sterilized and before the date by which the dog or cat is required to be sterilized, the new owner shall, within seven (7) days of the animal's disappearance or death, notify the animal control officer of the animal's disappearance or death. Violations of this section shall constitute a class 4 misdemeanor.

Sec. 4.1-90. Exemptions to mandatory sterilization

The provisions for mandatory sterilization shall not apply to:

a. An owner reclaiming his dog or cat from the county animal management center;

b. The disposal of an animal by sale or gift to a federal agency, state-supported institution, agency of the commonwealth or agency of another state.

Sec. 4.1-91. Releasing agency; fees and deposits.

(a) The animal control officer may charge and collect from the new owner a fee or deposit before releasing a dog or cat for adoption to ensure sterilization.

(b) The rates for such fees shall be clearly posted at the county animal management center.

(d) Said fees may be waived by the animal control officer.

(d) All fees forfeited for failure to sterilize any animal, adopted from the animal management center shall be nonrefundable and shall be deposited into a special fund for care and treatment of animals held at the animal management center.

ARTICLE VII. ANIMAL WELFARE BOARD OF REVIEW

Sec. 4.1-92. Creation of animal welfare board.

(a) For the purposes of hearing appeals as provided by this chapter of the Hawaii County Code, there is hereby established in the county a board to be called the animal welfare board of review. Such board shall consist of five (5) members: the chief of police or his designee; the director of public health or his designee; and the superintendent of the Hawaii Zoological Park or his designee; and two (2) citizens appointed by council. Members of the animal protection unit or the department of public health's rabies team may not serve on the board.

(b) The chief of police or his designee shall serve as the chairperson of the animal welfare board of review.

(c) Three (3) concurring votes shall be necessary for a decision by the animal welfare board of review at any hearing or meeting. The board may establish rules and regulations for its own procedures.

Sec. 4.1-93. Appeals to the board.

(a) Appeal to the animal welfare board of review may be taken of any decision by the animal control officer denying a permit required by this chapter, revoking a permit issued pursuant to this chapter, or the impoundment of any animal pursuant to this chapter. Notice of appeal shall be in writing and filed with the animal control officer within five (5) days of said decision. The animal control officer shall forward such appeal, along with a copy of his decision and all papers pertaining thereto, to the animal welfare board of review within two (2) working days of receipt.

(b) The animal welfare board of review, after hearing, may affirm, modify or reverse the decision of the animal control officer. The board shall act within ten (10) working days of receipt of the notice of appeal. Every decision shall be final, subject to such remedy as any aggrieved party might have at law or at equity. Such decision shall be in writing and shall indicate the vote on the decision. Every decision shall be filed in the office of the chief of police, shall be open for inspection and a copy thereof delivered to the appellant.

(c) The animal(s) which constitute the subject of the appeal will remain impounded by the animal control officer pending the decision of the board and any appeal to a court of competent jurisdiction. The owner shall bear the cost of board and care of any animal impounded.

Sec. 4.1-94. Posting of bond for boarding of animals.

(a) Any owner or custodian of an animal seized and impounded by the animal control officer for violations of this chapter shall post a bond, cash or surety for the cost of impoundment, boarding and medical costs of any animal which is held for longer than ten (10) days after impoundment. The bond shall be for a period of thirty (30) days.

(b) Such bond or security shall not prevent the animal control officer from disposing of such animal at the end of the thirty-day period covered by the bond or security unless the person claiming an interest posts an additional bond, cash or corporate surety, with the county treasurer to secure payment of reasonable expenses for additional thirty-day periods and does so prior to the expiration of the previous thirty-day period.

(c) The amount of the bond shall be determined by the animal control officer based on the current rate for board and medical condition of the animal as determined by the animal control officer.

(d) At the conclusion of the case, the bond shall be forfeited to the county unless there is a finding that the owner is able to adequately provide for such animal and is a fit person to own the animal. If the animal is returned to the owner or another individual despite a violation of this chapter, the person posting the bond will be entitled to receive the bond less the incurred costs of boarding, medical care and impoundment of the animal.

(e) If a cash bond is paid to the county treasurer and a judicial determination is made that the owner or custodian was not in violation of this chapter and also that the owner or custodian can adequately provide for such animal and is a fit person to own the animal, the person posting the cash bond shall be entitled to a refund of the cash bond from the treasurer. If the court finds that the animal may be released to the owner or another individual despite any violation of this chapter, the person posting the bond will be entitled to a return of the cash bond less the incurred costs of boarding, medical and impoundment.

Existing HCAC Code Section Review