More bite, less bark

Humane Society taking ‘zero tolerance’ approach on leash law

By LILA FUJIMOTO, Staff Writer
PUUNENE — The Maui Humane Society is taking a “zero tolerance” approach to leash law violations, in the wake of recent dog attacks and an increasing number of complaints about dogs running loose in neighborhoods and on beaches.

“Incidents of leash law complaints are on the increase,” said Capt. Aimee Anderson, director of animal control for the Maui Humane Society. “Unfortunately, dogs running loose can cause a lot of problems.

“This is a social issue, and it’s a public safety issue. It’s a property issue. It’s a health issue.”

Starting immediately, she said, any leash law violation that’s confirmed or observed by law enforcement will result in a citation carrying a penalty of up to $500.

In the past, she said, animal control officers first have given warnings to some owners of unleashed dogs as a way of trying to provide education about the law requiring that dogs be kept under restraint. A citation would be issued if another violation occurred.

“Taking that tactic with regard to leash law has not been particularly effective,” Anderson said. “Education can only do so much.

“If you own a vehicle, you’re responsible for knowing the rules of the road. The same thing applies when it comes to animals. If you own a dog, you need to be aware of the laws that pertain to that dog and to you as the owner. If you own a dog, you must comply with the leash law.”

While many people believe a dog can be loose as long as it stays on an owner’s property, even if the property isn’t fenced, that’s not the law, Anderson said.

According to the Maui County Code, having an animal under restraint means keeping it on property that is fully enclosed, in a secure kennel or enclosure, or on a secure leash.

The “zero tolerance” policy for leash law violations has been in effect on Maui beaches since 1998, Anderson said.

She said it’s being expanded to include leash law violations elsewhere because of the increase in complaints, as well as two recent publicized dog attacks.

On March 3, a 7-year-old Haiku boy was attacked by a 70- to 80-pound loose dog while the child was digging holes in the sand near the breakwater at Baby Beach in Paia. While the owner left with the dog and a second unleashed dog, the boy was taken to the emergency room to be treated with stitches to his right hand.

The dog hasn’t been identified, Anderson said, but the case remains open, pending any additional leads on the dog and its owner.

On April 27, two loose dogs tore through a screen door and ran into a house on Pio Drive in Wailuku, and one dog attacked a 7-pound miniature dachshund in the home. The 70-pound female pit bull had the smaller dog in its jaws before resident John Kyle punched the larger dog so it would release the dachshund. Kyle, who also was bitten, dragged the dog to an outside shed.

While animal control officers seized the pit bull, Kyle drove his mother’s dog Bunny to the Central Maui Animal Clinic, where she had surgery after being bitten on the neck. After spending two nights at the clinic, Bunny is recovering at home. “She’s doing much better,” said Carol Balcom, who adopted 8-year-old Bunny from the Maui Humane Society last December.

The 1-year-old pit bull was deemed a dangerous dog because of the attack, and its owner was cited for a leash law violation. The owner of the other dog — a 35- to 40-pound Australian cattle dog that entered the home with the pit bull but then left — also was cited for a leash law violation, Anderson said.

Both dogs live on the same property nearby.

“These two recent cases just bring to light the problem with owners who allow their dogs to run loose,” Anderson said. “It is a public safety issue.”

She said leash law violations top the types of complaints handled by the Maui Humane Society.

In the fiscal years ending June 30, 2005, and June 30, 2006, the agency logged about 2,500 complaints of leash law violations.

In the year that ended June 30, 2007, the number of complaints had increased to about 2,900.

“We have already exceeded that” this fiscal year, Anderson said, with about 3,000 leash law complaints through early this month.

The rise in complaints has accompanied an increase in population.

“We certainly have more urbanization,” Anderson said. “We have more people moving here, hence more animals. People are living closer together, which means they’re going to experience more problems with animals that are roaming. There’s certainly going to be more contact.”

An average of 250 leash law citations a year have been issued in the past. The number will be higher this year, Anderson said.

She said police have stepped up enforcement of leash law violations at beaches since the Paia dog attack. In addition, seven recently hired county park rangers have received training on leash law violations.

Under a nuisance provision of the law, owners who don’t immediately clean and dispose of messes made by their dogs in other people’s yards or on public property also face citations carrying a fine of up to $500.

With animal control officers also assigned to investigate animal cruelty and neglect and handle other cases, “we don’t have the ability at all times to do preventive work,” Anderson said. “But we’re wanting to inform the public if their dog’s in the street, they’re going to be cited.

“We just have to get a handle on this loose dog problem, which seems to be pervasive,” she said. “We’re trying to find a way to be the most effective in protecting the public with limited resources.”

She said owners can be cited based on photographs of their dogs running loose if the person who takes the photographs is willing to testify should the violation be contested. A photograph must clearly show the animal and indicate the date, time and location the photo was taken. Enough information must be provided so the Maui Humane Society can determine who the dog and owner are.

By cracking down on leash law violations, the agency is hoping to see a decrease in reports of dog bites, dog attacks and property damage, Anderson said.

At the same time, she said the Humane Society is working with Maui County to support more dog parks throughout the county.

Currently, Maui’s only park where dogs are allowed to be unleashed is Kilohana Dog Park in Wailea.

Ideally, Anderson said, dog parks should be at least one acre and have separate areas for large and small dogs.

“We don’t want to see dogs tied to trees all their lives,” she said. “We believe in animals getting proper exercise and socialization. We are looking forward to the day when we have adequate dog parks for our animals.”

Balcom, whose dog was attacked by the pit bull last month, said she supports the crackdown on leash law violations.

“I think that’s the best thing,” she said. “It’s going to stop a lot of fighting between dogs.”

Anderson said people with questions about the leash law enforcement can call her at 877-3680, ext. 33.

• Lila Fujimoto can be reached at lfujimoto@mauinews.com.