ORDINANCE NO.
BILL NO. 43
1914
(1990)
A BILL FOR AN ORDINANCE AMENDING CHAPTER 6.04
OF THE MAUI COUNTY CODE, PERTAINING TO DOG CONTROL
BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:
SECTION 1.
Section 6.04.010 of the Maui County Code,
pertaining to dog control, is amended to read as follows:
specifically
Definitions.
"6.04.010
[Unless
otherwise used, the following terms are defined as
follows:] For the purposes of this chapter, the
following terms, phrases, words, and their derivations
shall have the meaning given in this section, unless
it is apparent from the context that a different
meaning was intended:
[A.] "Animal" means dog.
[B.] "Animal control officer" means the person or
persons designated by the mayor or his authorized
representative to enforce this chapter.
facility
or
the
[C.] "Animal shelter" means
facilities designated by the county for the purpose of
impounding and caring for animals.
[D.] "At large"[: A dog shall be deemed to be at
large when] means a situation where a dog is off the
real property of the owner and is not under restraint.
"Domestic animal" means any domesticated mammal,
except cats and rodents.
"Enforcement officer" means any law enforcement
officer, any employee of the county authorized to
enforce this chapter, and any employee of the humane
society authorized to enforce this chapter.
[E.] "Excessive barking" means continuous and/or
incessant barking, baying, crying, howling or any
other noise which disturbs any person at any time of
day or night [and regardless of whether the barking is
caused by a dog physically situated in or upon private
property]; provided, however, that barking shall not
be deemed excessive if [at the time the dog is barking
or making any other noise, a person is trespassing or
threatening to trespass upon private property in or
upon which the dog is situated or for any other
legitimate cause which teased or provoked the dog]
such barking is the result of a trespass or threatened
trespass on private property on which the dog is
situated or is the result of a person teasing or
otherwise provoking the dog.
[F.] "Humane manner" means the care of an animal
to include but not be limited to, adequate heat,
ventilation and sanitary shelter, wholesome food and
water, consistent with the normal requirements and
feeding habits of the animal's size, species, and
The owner is responsible for finding the
breed.
animal another home or turning it over to the humane
society if the owner cannot care for the animal.
"Impound" means to seize and take physical
custody of a dog, and place it in the care of the
humane society or public pound.
[G.] "Licensing authority" means the department
of finance.
permanently
rendered
means
[H.] "Neutered"
incapable of reproduction.
[I.] "Nuisance" means a dog that damages, soils,
defiles, or defecates on private property other than
the owner's or on public walks and recreation areas
unless such waste is immediately removed and properly
causes unsanitary,
of by
the
owner;
disposed
dangerous, or offensive conditions; causes a
disturbance by excessive barking or other
noise-making; or chases vehicles, or molests, attacks,
or interferes with persons or other animals on
property other than the owner's.
[J.] "Officer" means the animal control officer.
owning,
means
every
person
[K.] "Owner"
harboring, or keeping a dog; provided, that if the
owner is a minor under the age of eighteen years, the
parent, guardian, or other person having the care,
custody, or control of the minor shall be irrefutably
presumed to be the owner.
[L.] "Person" means any individual, corporation,
partnership, organization, or institution commonly
recognized by law as a unit.
[M. "Restraint" means a dog shall be considered
under restraint if it is within the real property
limits of its owner] "Under restraint" means kept on
real property not open to the public, with the express
consent of the property owner; or kept within a case
or other enclosure with secure sides, top, and bottom;
or kept secured by a leash or lead [or under the
control] of not more than ten feet in length held by
or tied to a responsible person; or, if in the bed of
a truck, secured to prevent the dog from climbing or
falling out of the truck bed.
[N. "Vicious animal" means a dog that
constitutes a physical threat to humans or other
domestic animals.] "Vicious dog" means a dog which
assaults or attacks a human being or domestic animal;
or which behaves in such a manner, such as habitual or
- 2 -
owner
that the
repeated chasing or
snapping,
reasonably should know that the dog has a tendency to
assault or attack a human being or domestic animal; or
which has been certified by a doctor of veterinary
medicine, upon the basis of a reasonable medical
• robabilit , as os n• a dan•er to human bein•s or
domestic animals; or which has been trained as an
attack dog; or which approaches a human being in a
vicious or terrorizing manner on public property or on
private property open to the public. The term also
means a dog which has been declared to be a vicious
dog by the humane society, pursuant to this chapter.
Notwithstanding the foregoing, the term shall not
apply to a dog with respect to behavior of the dog
when teased, tormented, abused, or assaulted, or when
a trespass, tort, or crime occurs on the premises
occupied by the dog owner, or when the dog is
protecting or defending a human being within the
immediate vicinity from an attack or assault."
SECTION 2. Section 6.04.040, Maui County Code, is amended
to read as follows:
Dog
[Owner
responsibility.]
"6.04.040
regulations--General. A. [All dogs shall be kept] An
owner of a dog shall keep the dog under restraint[.],
except the following:
1. A dog being used by law enforcement
agencies for law enforcement purposes;
2. A dog being used for seeing eye purposes
to assist blind persons going from place to place;
3. A dog used during hunting; accompanied
by its owner, and used with the consent of the
owner of the real property upon which the hunting
occurs; and
organized
during
4. A
dog
used
competitions, or during training for such
competitions, accompanied by its owner, and used
with the consent of the owner of the real
property upon which the dog is used.
[Every vicious dog, as determined by the
B.
officer, shall be confined by its owner within a
building or secure enclosure and shall be securely
muzzled or caged whenever off the premises of its
owner] An owner of a dog shall treat the dog in a
humane manner.
[No dog shall be allowed] An owner of a dog
C.
shall not allow the dog to cause a nuisance. The
owner [of every dog] shall be held responsible for
every behavior of such dog under the provisions of
this chapter. Any owner keeping or permitting to
remain on any premises within the county [of Maui] a
dog which is barking excessively shall receive a
warning citation which will require the owner to
follow specific instructions for the training of the
dog(s) given by the [Humane] humane [Society]
society. The owner who receives a warning citation
shall not be required to post bail or be subject to
the penalty provisions, provided the owner in good
faith carries out the dog training instructions given
by the [Humane] humane [Society] society.
[D. Failure to comply with the provisions of
this section shall be subject to a fine up to five
hundred dollars.]"
SECTION 3. Chapter 6.04, Maui County Code, is amended by
adding a new Section 6.04.045 to be designated and to read as
follows:
"6.04.045 Dog regulations--Vicious dogs. A. At
all times, an owner of a vicious dog shall restrict
the movement of the dog as follows:
1. The dog shall be confined in a house or
other building not open to the public, where the
dog cannot exit the building on its own volition;
provided that a screen door or window screens
shall not be deemed to prevent the dog from
exiting the building; or
2. The dog shall be confined in a secure
enclosed structure; or
3. The dog shall be secured by a leash of
not more than three feet in length with a minimum
tensile strength of three hundred pounds held by
or attached to a responsible person; and, in
addition, the dog shall be muzzled with a
muzzling device which prevents the dog from
biting human beings or domestic animals, does not
injure the dog, and does not interfere with its
respiration or breathing.
B. No person shall own, harbor, train, or use
any dog for the purpose of dog fighting.
C. Each owner of a vicious dog shall post a sign
indicating "beware of dog" in a prominent and clearly
visible place at the access to the real property where
the dog is kept, and on the building or structure in
which the dog is confined.
4
D. Each owner of a vicious dog shall provide to
the director of finance proof of liability insurance
in the amount of not less than $10,000 for a single
incident, for bodily injury or property damage caused
by vicious dogs. The insurance policy shall provide
that no cancellation of the policy will be made unless
ten days' written notice is first given to the
director of finance. The owner of a vicious dog shall
produce evidence of the insurance policy upon request
of an enforcement officer.
E. The owner of a vicious dog shall:
Notify the humane society within
1.
twenty-four hours after the owner knows or
reasonably should know that the movement of the
dog was not restricted as required by this
section, or that the dog attacked a human being
or domestic animal.
2. Upon the death of a vicious dog, notify
the humane society immediately and make the body
available for identification.
3. Advise the humane society before selling
or giving the dog away. The new owner will be
given a vicious dog notice and shall be subject
to all applicable laws. It is a violation of
this law for any person to transfer ownership of
a vicious dog from such person to another person
without compliance with this procedure.
F. If an enforcement officer has cause to
believe that a dog is vicious, the officer may give
the owner of the dog a written notice that the dog is
a vicious dog, and is subject to regulation as a
The notice also shall state that the
vicious dog.
owner may, within thirty days, submit to the humane
society a written request for a hearing to dispute the
After
designation of the dog as a vicious dog. receiving the request for a hearing, the humane
society shall hold a hearing and, after the hearing,
shall notify the owner in writing of the decision of
the humane society. A decision of the humane society
that a dog is not a vicious dog, shall not preclude a
subsequent designation of the dog as a vicious dog for
other cause.
G. The regulations in this section shall be in
addition to other regulations under this chapter."
SECTION 4. Section 6.04.050, Maui County Code, is amended
to read as follows:
Impoundment.
A.
Any
dog found
"6.04.050
running at large, and any vicious dog which is not
restricted in movement as required by this chapter,
shall be seized and impounded by the enforcement
officer in an animal shelter and confined in a humane
manner. The enforcement officer may slay any
previously adjudicated vicious dog which cannot be
safely tranquilized and seized. Immediately upon
impounding a dog, the officer shall notify the owner
and inform such owner of the conditions whereby
custody of the animal may be regained. Licensed dogs
not claimed by their owners within a period of nine
days, or unclaimed, unlicensed dogs after [forty-eight
hours] two days in which the shelter is open to the
public shall become the property of the county.
B. [when a dog is found running at large and its
ownership is verified by the officer, the officer may
exercise the option of serving the owner with a notice
of violation in lieu of impounding the animal] A court
of competent jurisdiction may order that a vicious dog
be seized, impounded, and euthanized if the owner of
the dog fails to comply with this chapter and if, in
the court's judgment, the dog presents a continuing
threat of serious harm to human beings or domestic
animals.
In the event that [the] an enforcement
C.
officer finds dogs to be suffering, he shall have the
right forthwith to remove or cause to have removed any
such animals to a safe place for care at the owner's
expense or to euthanize them when necessary to prevent
further suffering. Return to the owner may be
withheld until the owner shall have made full payment
for all expenses so incurred.
any method
D.
Disposal of an animal by
specified in this chapter does not relieve the owner
of liability for violations and any accrued charges."
SECTION 5.
Section 6.04.060, Maui
County
Code,
amended to read as follows:
Redemption.
A.
Any animal impounded
"6.04.060
may be redeemed by the owner thereof upon payment of
an impoundment fee as established in the annual budget
ordinance of the county, subject to the requirements
of this chapter. Where a dog is impounded after
having been found running at large, [The] the owner
may be relieved of the impoundment fee if the [owner
6
is
previously filed a formal complaint with the
Department of Police stating] humane society finds
that such owner was not at fault for allowing the dog
to run at large.
B. Any animal confined for quarantine purposes,
evidence, or other purpose may be redeemed by the
owner thereof upon payment of a fee as established in
the annual budget ordinance of the county.
No animal required to be licensed under this
C.
ordinance may be redeemed until provisions for such
licensing have been fulfilled."
SECTION 6.
Chapter 6.04, Maui County Code, is amended by
adding a new Section 6.04.075 to be designated and to read as
follows:
Powers of enforcement officers. Any
"6.04.075
enforcement officer is empowered to make such
inquiries as are deemed necessary to ensure compliance
with this chapter, and may enter upon private property
for the purpose of inspecting the premises for
compliance with this chapter."
SECTION 7. Section 6.04.090, Maui County Code, is amended
to read as follows:
Animal control officers. Pursuant to
"6.04.090
[Section] section 143-7 of the Hawaii [Revised]
revised [Statutes] statutes, the council authorizes
the mayor of the county or his authorized
representative to establish, designate as volunteers,
and hire animal control officers, subject to the
limitations contained in the annual budget ordinance
[of the county and Chapter 4.60 of this code]. All
animal control officers shall have the powers of a
sheriff or police officer in carrying out this
chapter, [Chapter] chapter 6.08 of this code, and
[Chapter] chapter 143 of the Hawaii [Revised] revised
[Statutes] statutes."
SECTION 8.
Section 6.04.100, Maui County Code, is amended
to read as follows:
The mayor or his authorized
"6.04.100 Rules.
representative
[and director of the department of
finance are] is authorized to promulgate rules
[relating to the provisions] to implement the intent
of this chapter."
SECTION 9. Chapter 6.04, Maui County Code, is amended by
adding a new Section 6.04.110 to be designated and to read as
follows:
"6.04.110 Penalties. A. Any person failing to
comply with this chapter, except the provisions
relating to vicious dogs, shall be fined not more than
$500. The fine shall be as follows: for a first
conviction, a fine of not more than $50; for a second
conviction within five years after a prior conviction
under this section, a fine of not more than $200; and,
for a third conviction within five years after two
prior convictions under this section, a fine of not
more than $500.
B. Any person failing to comply with the
provisions of this chapter relating to vicious dogs
shall be fined not more than $1,000 and imprisoned not
more than thirty days. The minimum sentence shall be
for a first conviction, a fine of not
as follows:
less than $100; for a second conviction within five
years after a prior conviction under this section, a
third
for
a
fine of not less than $500; and, conviction within five years after two prior
convictions under this section, a fine of not less
order
may
court
addition,
a
In
than $1,000.
restitution for damages caused by a vicious dog;
provided that this section shall not preclude a person
damaged by a vicious dog from pursuing a civil remedy.
C. The portion of the fine equal to the minimum
fine shall not be suspended.
D. A successive conviction of the same owner
involving different dogs shall be considered a
subsequent and not a first conviction."
SECTION 10.
Material to be repealed is bracketed. New
material is underscored. In printing this bill, the County
Clerk need not include the brackets, the bracketed material or
the underscoring.
SECTION 11.
This ordinance shall take effect upon its
approval.
APPROVED AS TO FORM
AND EGAL TY:
1
GUY A. .HAYWO•D
Deputy Corporation Counsel
County of Maui 22.ords.ln
WE HEREBY CERTIFY that the foregoing BILL NO.
(19 90 )
43
I. Passed FINAL READING at the meeting of the Council of the County of Maui, State of
May
, 19 90 , by the following votes:
Hawaii, held on the 18th day of
Linda
CROCKETT
LINGLE
Aye
of
Goro
HOKAMA
Chairman
Aye
Patrick S.
KAWANO
Howard S.
KI HUN E
Vice- Chairman
Alice L.
LEE
Ricardo
MEDINA
Wayne K.
NISHIKI
Velma M.
SANTOS
Joe S.
TANAKA
Aye
Aye
Aye
Aye
Excused
Aye
Excused
2. Was transmitted to the Mayor of the County of Maui, State of Hawaii, on the May
, 19 90 .
DATED AT WAILUKU, MAUI, HAWAII, this 18th day of
18 t h
day
, 1990 .
May
GORO HOKAMA, CHAIRMAN
Council of the County of Maui
u e
07r)
y
DARYL/1. YA AMOTO, COUNTY CLERK,
ounty of Maui
THE FOREGOING BILL IS HEREBY APPROVED THIS q /IN- DAY OF
, 1990
HANNIBAL TAVARES, MAYOR
County of Maui
I HEREBY CERTIFY that upon approval of the foregoing BILL by the Mayor of the County of
Maui, the said BILL was designated as ORDINANCE NO. 1914 of the County of Maui, State
of Hawaii.
Passed First Reading on May 4, 1990.
Effective date of Ordinance May 24, 1990.
DARYL T. YAMAI OTO, COUNTY CLERK,
County of Maui
I HEREBY CERTIFY that the foregoing is a true and correct copy
of Ordinance No.
1914
,
the original of which is on file in
the Office of the County Clerk, County of Maui, State of Hawaii.
Dated at Wailuku, Hawaii, on
County Clerk, County of Maui