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13-3441 Moku Street, Pahoa, Hawaii 96778, United States

808-965-9555

Leilani Community Association

Dog Issues

Overview


Everyone a nice walk through our beautiful Community, but nobody enjoys loose and/or aggressive dogs spoiling their day. Hawai'i County has laws and Leilani Estates as Covenants & Restrictions (CC&Rs) that prohibit dogs off-leash.


SAFETY FIRST!  AGGRESSIVE DOGS SHOULD BE IMMEDIATELY REPORTED TO THE HUMANE SOCIETY (966-5458) AND/OR THE POLICE NON-EMERGENCY NUMBER (935-3311).  THIS CAN BE DONE EVEN IF YOU ARE UNABLE TO GET A PHOTO.  BE SAFE ! ! !


It has also been recommended that you carry an air horn with you to dissuade dogs from approaching you. You can also use a walking stick or an umbrella to fend off aggressive dogs, if necessary.


We also recommend that you carry a cell phone/camera with you to capture the image of the loose dog in the street. If you can determine where the dog lives, follow-up can be made with the Neighborhood Watch Loose Dogs Coordinator and the Hawai'i Island Humane Society as appropriate.


You can email the photos and the address where the loose dogs were observed to jrskidmore@gmail.com or lca@hawaii.rr.com.  Complaints regarding noisy dogs can be referred to the Hawaii Island Humane Society at keaau@hihs.org.


Leilani Community Association Leash Law Policy

 This policy dated December 10, 2015 and presented to the board at the December 10, 2015 Board of Directors meeting passed unanimously to be implemented effective immediately.


Due to the ongoing and worsening problem of loose dogs on the private roads within Leilani Estates the Association, will enforce the following policy.


EFFECTIVE IMMEDIATELY:

Loose dogs, those not physically restrained by a leash, are not permitted within the subdivision unless they are on the owner’s property. Dogs found loose on Association property, including parks and streets, or on other private property without permission, are in violation and will be considered stray dogs. Photographic evidence of the offence is sufficient to initiate proceedings.

1st OFFENSE

The owner of the property where the animal resides will be given one warning by way of a written “Notice of Violation”. We will post a copy of the same notice at the property as well as mailing a notice if we determine that the property owner does not live there.

2nd OFFENSE

A second offense within any six month period will result in a fine of $50.00 to the property owner, due immediately, to the Leilani Estates Community Association. The property owner and the tenant if necessary will again be given a “Notice of Violation”. If not paid immediately, this fine will be added to the annual property assessment.

3rd OFFENSE

A third offense within any twelve month period the property owner will incur a fine of $250.00 due immediately to the Leilani Estates Community Association. The “Notice of Violation” in this instance will be handled by an attorney at the direction of the Community Association. All of the attorney fees will be added to the amount due. If left unpaid the Community Association will seek relief through court action. In addition recurring violations will be reported to the proper County officials and/or the offending dog will be reported to the Hawaii Island Humane Society.


This policy is directed at stray dogs within the community and not at aggressive dogs although they are included.  Aggressive and destructive animals are a police and civil matter as well and need to be reported to the HPD non-emergency phone number 935-3311. 


This policy supersedes any previous policies relating to Leilani Estates Leash Law.

Hawai'i County Statutes Regarding Noisy Dogs

Section 4-24. Noisy dogs. (a) No person shall keep any dog which barks, bays, cries, howls or makes any other noise continuously or incessantly for a period of ten minutes or barks, bays, cries, howls or makes any other noise intermittently for a period of twenty minutes within a thirty-minute period of time to the disturbance of any person at any time of day or night and regardless of whether the dog is physically situated in or upon private property. (b) A dog shall not be deemed a noisy dog for purposes of this section if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog. Such action is declared to be a public nuisance and detrimental to the public health and welfare. (1983 CC, c 4, art 4, sec 4-24; am 1992, ord 92-109,  sec 1.)4-24  


Section 4-25. Noisy dog; reasonable attempts to reduce noise; penalties. (a) Any person disturbed by a noisy dog shall make a reasonable attempt to advise the owner or custodian who keeps such dog of this fact. Reasonable attempts for notification include by letter, email, visit to the owner or custodian, or any other legal method. If the person disturbed by a noisy dog is unable to notify the owner or custodian of the noisy dog, or after notifying the owner or custodian, the nuisance is not abated, the person disturbed by the noisy dog may then notify the appropriate enforcement agency. (b) The owner or custodian of a noisy dog that causes a disturbance as provided in section 4-24 shall be guilty of a violation of this section: (1) If after being advised of the disturbance per subsection (a), the owner or custodian of a noisy dog does not take immediate and effective action to abate the nuisance; or (2) If the appropriate enforcement agency is notified and responds to a complaint of a noisy dog and the nuisance is not abated. (c) There shall be a penalty of $25 for the first violation of this section. The second violation has a penalty of $75, the third $100, and any subsequent violation $200. (1983 CC, c 4, art 4, sec 4-25; am 1992, ord 92-109, sec 1; am 1996; ord 96-105, sec 1; am 2011, ord 11-48, sec 1.)4-25