Bill Text: HI SB488 | 2010 | Regular Session | Introduced

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Bill Title: Cruelty to Animals; Tethering

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB488 Detail]

Download: Hawaii-2010-SB488-Introduced.html

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Report Title:

Cruelty to Animals; Tethering

 

Description:

Prohibits the tethering or restraining of companion animals unless certain circumstances exist.

THE SENATE	S.B. NO.	488
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ANIMAL CRUELTY.

 

 

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

 

     SECTION 1.  The legislature finds that tethering, fastening, chaining, tying, or restraining a companion animal is inhumane and an offense against the public order.  The purpose of this Act is to protect animals by prohibiting tethering and other inhumane means of restraining animals.

     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 otherwise restrains any companion animal:

         (i)  For longer than is necessary to complete a temporary task that requires the animal to be tethered or restrained for a reasonable period of time;

        (ii)  For any amount of time in which actual harm occurs to the animal and the harm is caused by the tether, fastener, chain, tie, or restraint; or

       (iii)  In a manner that endangers the animal's health, safety, or well-being, or inflicts emotional suffering upon the animal, including, but not limited to:

              (A)  Use of a tether, fastener, chain, tie, leash, rope, or restraint, that could cause the animal to choke;

              (B)  Any type of restraint that is less than four times the length of the animal, or is of inadequate length as to fail to provide the animal with access to water, the ability to obtain shelter from oppressive weather conditions including excessive heat, or a sufficient and separate area where it may urinate and defecate away from where it eats, drinks, or rests.

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

     (2)  Subsection (1)(a), (b), (d), and [(e),] (f), 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)  Subsection (1)(e) shall not prohibit the use of any restraint:

    (a)   Pursuant to the requirements of a camping or recreational area;

    (b)   To contain an animal that has demonstrated it is a danger to humans; or

    (c)   That uses a pulley, running line, or trolley system that does not employ a choke collar.

     [(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 "companion animal" means any animal that is commonly kept as a pet, including but not limited to dogs and cats.

     [(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.

 

INTRODUCED BY:	_____________________________