Report Title:

Dogs; Barking Noise; Number of Dogs Allowed on Property

 

Description:

Requires counties to enact an ordinance to limit permissible noise from barking dogs; limits number of dogs kept on property.

 

THE SENATE

S.B. NO.

1330

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to dogs.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 142, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§142- County ordinance to limit noise of barking dogs. Each county shall enact an ordinance to hold culpable the owner or keeper of a dog when the dog:

(1) Barks continuously or incessantly for a period of ten minutes or intermittently for one-half hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; or

(2) Barks, whines, cries, or makes unreasonable noise. For purposes of this paragraph, noise is unreasonable if, considering the nature and circumstances surrounding the barking, including the nature of the location and the time of the day or night, it interferes with reasonable individual or group activities, including but not limited to, communication, work, rest, recreation, or sleep, or the failure to heed the admonition of a police officer or a special officer of the county humane society that the noise is unreasonable and should be stopped or reduced.

For purposes of issuing a citation for violation, personal monitoring or observation of a police officer or a special officer of a barking dog shall not be necessary; provided that the police officer or special officer believes that the complainant is credible. Any county may enact an ordinance that is more restrictive than this section.

§142- Limit on number of dogs per property. For a property zoned residential, the property owner, lessee, renter, or occupier shall not keep more than the following number of dogs on a property:

Lot size up to 5,000 square feet 1 dog

Lot size of up to 10,000 square feet 2 dogs

Lot size of up to 20,000 square feet 3 dogs

Lot size of more than 20,000 square feet

and less than one acre 4 dogs

Lot size of more than one acre, no limit,

subject to cruelty to animal laws."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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