Question: Our neighbor in the back of our home has a dog that they do not pick up after for days at a time. On one occasion I counted up to 12 big piles of poop. To make matters worse, the area in which the dog defecates is along the fence that borders our yard, approximately 3 feet from our patio. As a family, we are unable to eat, play and cook outdoors due to the stench and large swarms of dung flies. My husband has written them a note, as well as spoken to them regarding this matter, but the situation has not improved. I called the Department of Health and was told to "call the police." Is calling the police really our only option? If so, is the police officer allowed to give them a citation?
Answer: Calling police is not generally an option in the situation you describe.
There’s not much that can be done unless the uncollected poop becomes a public health hazard.
"We no longer address residential and private business animal waste complaints," said Peter Oshiro, manager of the Department of Health’s Environmental Health Program.
That’s because budget cuts left the department with limited staff and resources.
Section 29-4.4 of the Revised Ordinances of Honolulu says no person shall permit his or her animal "to excrete any solid waste in any public place or on any private premises not the property of such owner"; however, there is no violation "if the owner of the offending animal promptly and voluntarily removes the animal waste."
There is no reference to an animal pooping on its own property.
The Honolulu Police Department "will generally not get involved" if the animal waste is on the owner’s property, said HPD spokeswoman Michelle Yu.
Scout’s Honor
Gary, a parent of a Boy Scout who helped decorate graves at Punchbowl Cemetery on the Sunday before Memorial Day, said he wanted to give a little insight into what’s involved in that annual service project.
He was responding to a complaint about people visiting loved ones at the cemetery being forced to park far away because most of the parking spaces were occupied by people connected with the Scouts that day. (See bit.ly/1IiRd4v.)
Gary, who did not want his full name used, said at most, only about 20 percent of those vehicles were connected to the Scouts, because the scouts "are very strict about non-necessary cars going up there."
"We use Stevenson and Lincoln (schools to park), and we walk up," he said. "There are exceptions" involving physically challenged Scouts or parents, who have placards allowing them to park in handicapped stalls.
Since those stalls were full, "they may have parked in a regular stall," he said.
He also said "some of the adult leaders, but very few, are driving up with coolers and boxes full of flower lei."
But the Scouts are there for only three to four hours, he said, "and after that we’re done, we’re gone."
He also pointed out that many other cars parked at the cemetery associated with the event belonged to dignitaries, politicians and military officials.
Gary also said he has two uncles buried at Punchbowl, so he had a right to park in the cemetery as a visiting family member but "chose to do the hike up with my son’s troop."
He feels the complaint "reflected badly on a fantastic, all-volunteer children’s effort," and he wanted to put the parking situation in perspective.
Meanwhile, Jeff Sulzbach, Scout executive of the Aloha Council Boy Scouts of America, criticized the headline on that column — "Lei-laying scouts filled cemetery stalls despite notices" — as being "provocative and inaccurate."
"Over 2,000 Scouts and leaders paid respects to our nation’s service men and women," he said, with specific instructions given for Scouts and leaders to park off-site and walk or take a bus into the cemetery.
Punchbowl officials said some event participants did park inside Punchbowl.
However, "We posted a Scout leader at the entrance to ensure that these guidelines are met," Sulzbach said. "We are honored to be part of the Memorial Day events and look forward to working with Punchbowl leadership to minimize congestion during this important commemoration of our country’s fallen heroes."
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