Bill Text: HI HCR128 | 2022 | Regular Session | Introduced

Hawaii House Concurrent Resolution 128 (Prior Session Legislation)

Introduced

Bill Title: Urging The Counties To More Effectively And Meaningfully Coordinate Their Police Enforcement And Public Awareness Efforts With The State And With Humane Societies And Other Animal Welfare Organizations Concerning The Dangers Posed By Unleashed Dogs To Humans And To Other Animals In Public Areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-04-29 - Returned from Senate (Sen. Com. No. 933). [HCR128 Detail]

Download: Hawaii-2022-HCR128-Introduced.html

HOUSE OF REPRESENTATIVES	H.C.R. NO.	128
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE COUNTIES TO MORE EFFECTIVELY AND MEANINGFULLY COORDINATE THEIR POLICE ENFORCEMENT AND PUBLIC AWARENESS EFFORTS WITH THE STATE AND WITH HUMANE SOCIETIES AND OTHER ANIMAL WELFARE ORGANIZATIONS CONCERNING THE DANGERS POSED BY UNLEASHED DOGS TO HUMANS AND TO OTHER ANIMALS IN PUBLIC AREAS.

WHEREAS, in Act 30, Session Laws of Hawaii 2021, the Legislature found that dog bites are among the top reasons for emergency room visits, ranking higher than injuries occurring on motorcycles, to pedestrians, and from gunshots; and

WHEREAS, section 142-74, Hawaii Revised Statutes, creates a civil action for an incident when a dog attacks another animal, and also allows for counties to promulgate their own ordinances for enforcement of county animal control policy, whether in park areas or on other public lands; and

WHEREAS, section 142-75 Hawaii Revised Statutes, creates a civil action for a dog attack on humans, and also allows for counties to promulgate their own ordinances for enforcement of county animal control policy, whether in park areas or on other public lands; and

WHEREAS, unleashed dogs potentially pose a serious danger not only to humans but also to other pet animals; and

WHEREAS, serious bodily injury to a person such as by laceration would constitute felony assault if performed by a person but only constitutes a misdemeanor for the dog owner if the result of a dog bite; and

WHEREAS, an attack by an unleashed dog on a leashed dog can easily result in serious injury or death to the leashed animal, as well as potentially serious injury and emotional distress to any person attempting to prevent or disengage the attacking animal from causing harm; and

WHEREAS, all counties require by ordinance or administrative rule that, with the exception of a limited number of enclosed public off-leash dog parks, all dogs must be on a leash in public areas, including on all public sidewalks and roadsides; and

WHEREAS, a substantial majority of all state parks and recreation areas, as well as a majority of all county parks and recreation areas, prohibit all pet animals generally, including both leashed and unleashed dogs, and despite clearly posted signs prohibiting animals, many persons bring dogs to such areas, creating a potentially dangerous situation for park users who have a reasonable expectation that lawful prohibitions on animals will be enforced; and

WHEREAS, humane societies or other animal welfare organizations in each county are authorized to provide animal control, impoundment, and destruction services under certain circumstances in coordination with county police departments for incidents involving dog-on-animal and dog-on-human attacks; and

WHEREAS, for a person who has been bitten by a dog or whose animal has been bitten by a dog, and who chooses to contact authorities to seek criminal or civil remedies, the delineation of roles and enforcement authority among county police departments, state park enforcement authorities in the case of state parks, and the humane societies or any other animal welfare organization can be unclear and confusing, and often results in the appearance of one enforcement authority assigning responsibility or blame to a different authority without providing meaningful assistance to the affected person; and

WHEREAS, increased education of the public concerning leash laws, sanctions for violations of prohibitions on animals in certain parks and recreation areas, possible civil and criminal penalties in the event of dog-on-animal or dog-on-human attacks, and the actual roles of county or state law enforcement authorities and humane society or other animal welfare organization control officers would increase public confidence in enforcement and make public areas safer; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate concurring, that the City and County of Honolulu, County of Maui, County of Hawaii, and County of Kauai are strongly urged to strengthen their efforts to meaningfully enforce all laws, ordinances, and administrative rules regarding off-leash animals in public spaces so as to better protect the public and pet animals; and

BE IT FURTHER RESOLVED that the City and County of Honolulu, County of Maui, County of Hawaii, and County of Kauai are strongly urged, with respect to state parks within their jurisdictions, to pro-actively coordinate their county police department efforts with the enforcement officers of the Division of State Parks of the Department of Land and Natural Resources; and

BE IT FURTHER RESOLVED that the county police departments of each of the counties are urged to strengthen their efforts to coordinate animal control services with each of the authorized humane societies or animal welfare organizations within their jurisdiction and, in the case of a dog attack on a human or dog attack on another animal, that all complainants requesting assistance receive an immediate and clear explanation of the delineation of roles among all enforcement authorities and entities, including explanation of any lawful impoundment or destruction procedures and potential civil or criminal remedies under state or county law; and

BE IT FURTHER RESOLVED that the City and County of Honolulu, County of Maui, County of Hawaii, and County of Kauai, together with any humane societies or animal welfare organizations authorized within their jurisdictions for purposes of animal control, are strongly urged to undertake public awareness activities bringing attention to the dangers posed by unleashed dogs to humans and other animals; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Director of the Department of Parks and Recreation of the City and County of Honolulu, Director of the Department of Parks and Recreation of the County of Maui, Director of the Department of Parks and Recreation of the County of Kauai, Director of the Department of Parks and Recreation of the County of Hawaii, Chief of the Honolulu Police Department, Chief of the Maui Police Department, Chief of the Hawaii Police Department, Chief of the Kauai Police Department, President and Chief Executive Officer of the Hawaiian Humane Society, Chief Executive Officer of the Maui Humane Society, President of the Hawaii Island Humane Society, and Executive Director of the Kauai Humane Society.