An Article relating to the regulation of dogs and providing penalties for the violation thereof.
(Ord. No. 870, August 27, 2008; Sec. 22-2.1, 1978 Cumulative Supplement; Sec. 22-2.1, R.C.O. 1976; Ord. No. 255, June 16, 1975)
When used in this Article, the following words and phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
means:
On the premises of a person other than the owner of the dog without consent of an occupant of such premises; or
On a public street, on public or private school grounds, or in any other public place, except when under the control of the owner by leash, cord, chain or other similar means of physical restraint, provided that such leash, cord, chain or other means is not more than eight (8) feet in length.
means every person owning, harboring or keeping a dog or having custody thereof.
means any dog at large.
(Ord. No. 255, June 16, 1975; Sec. 22-2.2, R.C.O. 1976; Sec. 22-2.2, 1978 Cumulative Supplement; Ord. No. 870, August 27, 2008)
It shall be unlawful for the owner of any dog, whether the dog is licensed or not, to permit or cause the dog to become a stray.
(Ord. No. 255, June 16, 1975; Sec. 22-2.3, R.C.O. 1976; Sec. 22-2.3, 1978 Cumulative Supplement; Ord. No. 870, August 27, 2008)
Any stray dog may be seized and impounded by any person authorized by law, and shall be disposed of in accordance with the provisions of Chapter 143, H.R.S., provided that the impounding fee shall be in accordance with Sec. 22-10.6, Kaua'i County Code 1987, as amended.
(Ord. No. 255, June 16, 1975; Ord. No. 281, May 5, 1976; Sec. 22-2.4, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.4, 1978 Cumulative Supplement; Ord. No. 454, January 24, 1984; Ord. No. 870, August 27, 2008; Ord. No. 998, February 11, 2016)
(a)
It is unlawful for the owner of any dog to permit such dog to defecate and to allow the waste to thereafter remain on any public sidewalk, bicycle and/or pedestrian path, public beach, or on any other public property or on any private property other than that of the owner of the dog.
(b)
No owner of any dog shall permit or allow that dog on any public sidewalk, bicycle and/or pedestrian public beach or on any other public property, or on any private property other than that of the owner of the dog, unless that person visibly carries the necessary instruments required for the removal and disposal of dog feces.
(Ord. No. 870, August 27, 2008)
The provisions of this Article shall not apply to:
(a)
Seeing eye dogs trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place; or
(b)
Dogs trained and used by County, State and Federal law enforcement agencies in law enforcement work while such dogs are engaged in the performance of such work; or
(c)
Hunting dogs when accompanied by their owner on public or private hunting or shooting ground; or
(d)
Obedience trial, tracking and show dogs accompanied by their owner and being trained or in competition in public parks or school grounds, provided permission is first obtained from the proper park or school authorities for such use.
(Ord. No. 255, June 16, 1975; Sec. 22-2.5, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.5, 1978 Cumulative Supplement; Ord. No. 870, August 27, 2008)
(a)
The County of Kaua'i authorizes the Kaua'i Humane Society to appoint animal wardens pursuant to Section 143-7, H.R.S. These animal wardens shall be compensated as employees of the Kaua'i Humane Society or may serve without compensation on a voluntary basis.
(b)
In accordance with Section 143-16, H.R.S., the animal wardens shall be empowered to seize and impound any unlicensed dogs and issue any citations for such violations.
(Ord. No. 332, November 3, 1977; Sec. 22-2.6, 1978 Cumulative Supplement; Ord. No. 558, November 13, 1989; Ord. No. 870, August 27, 2008)
For any violation of any of the provisions of this Article or of the provisions of Chapter 143, H.R.S., it shall be the duty of any police officer, animal warden and any other officer authorized to seize and impound any dog running at large within the meaning of this Article and to issue a complaint and summons or citation to the owner or other person charged with the responsibility of complying with the provisions of this Article or with the provisions of Chapter 143, H.R.S. The summons or citation shall instruct such owner or person to appear before the District Court of the Fifth Judicial Circuit. Upon failure to appear upon the date, the appearance bond shall be forfeited.
(Ord. No. 255, June 16, 1975; Sec. 22-2.6, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.7, 1978 Cumulative Supplement; Ord. No. 558, November 13, 1989; Ord. No. 870, August 27, 2008)
(a)
There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of complaint and summons or citation for use in citing violators of the provisions of this Article or the provisions of Chapter 143, H.R.S. The complaint and summons or citation shall be printed in a form commensurate with the form of other summonses or citations appropriate for offenses, so designed to include all necessary information to make the same valid and legal within the laws of the State of Hawai'i and the County of Kaua'i.
(b)
Every summons or citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original.
(Ord. No. 255, June 16, 1975; Sec. 22-2.7, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.8, 1978 Cumulative Supplement; Ord. No. 870, August 27, 2008)
It shall be unlawful for any person to fail to appear at the place and within the time specified in the summons or citation issued to him or her by an officer for any violation of any section of this Article. A negotiated bail forfeiture in lieu of an appearance shall be unlawful.
(Ord. No. 255, June 16, 1975; Sec. 22-2.8, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.9, 1978 Cumulative Supplement; Ord. No. 870, August 27, 2008)
Any person violating any section or provision of this Article shall be punished by a fine of not less than one hundred dollars ($100.00) and not to exceed two hundred dollars ($200.00) for the first offense. For the second violation, the punishment shall be by a fine of not less than two hundred dollars ($200.00) and not to exceed three hundred dollars ($300.00). For all violations in excess of two (2), the punishment shall be a fine of not less than three hundred dollars ($300.00) and not to exceed five hundred dollars ($500.00).
(Ord. No. 255, June 16, 1975; Sec. 22-2.10, R.C.O. 1976; Ord. No. 332, November 3, 1977; Sec. 22-2.10, 1978 Cumulative Supplement; Ord. No. 435, September 21, 1982; Ord. No. 870, August 27, 2008)