Bill Text: HI SB1188 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 1188 (Prior Session Legislation)

Introduced

Bill Title: Animal Welfare

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1188 Detail]

Download: Hawaii-2010-SB1188-Introduced.html

Report Title:

Animal Welfare

Description:

Prohibits the unreasonable or unsafe restraint of dogs and cats.

THE SENATE	S.B. NO.	1188
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ANIMALS.

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

SECTION 1. The legislature finds that the practice of excessive animal tethering causes many pets to suffer needlessly and increases the risk of an animal posing a danger to the public.

The American Veterinary Medical Association, the largest veterinary medical association in the world, advises dog owners to never tether or chain their dogs because this can contribute to aggressive behavior.

A study published by the National Center for Injury Prevention and Control, a division of the Centers for Disease Control and Prevention, found that chained dogs were 2.8 times more likely to attack than dogs that were not tethered.

Children are the most common victims of attacks by chained dogs. According to a recent study, seventy-nine per cent of the four hundred thirty-one people killed by dogs in the United States between 1965 and 2001 were children under the age of twelve.

The purpose of this Act is to improve public safety and animal welfare by restricting the practice of animal tethering.

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals in the second degree. (1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

(c) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; [or]

(e) Tethers, fastens, chains, ties, or restrains a dog or cat, or causes a dog or cat to be tethered, fastened, chained, tied, or restrained for an unreasonable period of time or in any manner that unreasonably limits the animal's movement; provided that:

(i) If a dog or cat is restrained by means of a collar, the collar shall measure one inch more than the circumference of the animal's neck; and

(ii) If a dog or cat is restrained by means of a kennel or cage, the kennel or cage, at a minimum, shall provide sufficient space for the animal to stand up and turn around;

(f) Tethers, fastens, ties, chains, restrains, kennels, or cages a dog or cat, or causes a dog or cat to be tethered, fastened, tied, chained, restrained, kenneled, or caged, in any manner that exposes the animal to unsafe conditions;

(g) Tethers, fastens, ties, chains, restrains, kennels, or cages a dog or cat, which causes the dog or cat to be exposed without shelter, during periods of hazardous weather; or

[~~(e)~~] (h) Assists another in the commission of any act specified in subsections (1)(a) through [~~(1)(d).~~] (1)(g).

(2) Subsection (1)(a), (b), (d), and [~~(e),~~] (h), shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

(3) Notwithstanding subsection (1)(e), a person may:

(a) Tether, fasten, chain, tie, or otherwise restrain a dog or cat pursuant to the requirements of a camping or recreational area;

(b) Tether, fasten, chain, or tie a dog or cat no longer than is necessary for the person to complete a temporary task that requires the dog or cat to be restrained for a reasonable period; or

(i) Conduct that is directly related to the business of shepherding or herding cattle or livestock; or

(ii) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog or cat.

[~~(3)~~] (4) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.

(5) As used in this section:

"Hazardous weather" includes hurricane, hurricane watch, hurricane warning, tropical storm, tropical storm watch, or tropical storm warning.

"Unreasonable period" means a period of time that exceeds three hours in a twenty-four-hour period.

"Unsafe conditions" includes, but is not limited to, the following:

(a) Hot sun without shade;

(b) Limited access to only a hot dog house;

(d) Inability to escape urine and defecation; or

(e) Inability to escape emergencies, such as fire.

[~~(4)~~] (6) Cruelty to animals in the second degree is a misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.