HAR §4-28-13. Owner responsibility

(a) Any person that raises pigeons or aviary game birds shall obtain a “Pigeon/Aviary Game Bird Permit” (Form DC-48, 8/03), that is a part of this chapter, shall be renewed every three years from the anniversary date of the initial date of registration. The applicant shall complete an application for a pigeon or aviary game bird permit with the following: (1) Name and address, including the county and district, and contact telephone number; (2) Type and number of pigeons or aviary game birds; (3) Origin of birds; (4) Number and species of other animals and birds kept at the permit location; and (5) Number of male and female aviary game birds. (b) Owners of carrier pigeons or persons acting for the owners, in areas zoned for residential, hotel, or apartment use shall have in their possession and shall be allowed to fly no more than twenty-five pairs, or a total of fifty carrier pigeons. The total number of carrier pigeons and racing pigeons allowed to fly for necessary exercise, training, and racing in areas zoned for other uses shall not exceed two hundred. Show pigeons shall not be allowed to fly free and are not required to abide by numeric limitations of this section. (c) Pigeon/aviary game bird permits may be suspended or revoked for failure to comply with provisions of this section. [Eff ] (Auth: HRS §§142-2, 142-102 and 142-112) (Imp: HRS §§142-102, 142-103, 142-112) §4-28-14 Maximum time period for permit approvals, disapprovals, or automatic approvals. (a) Pursuant to the requirements of chapter 91, Hawaii Revised Statutes, the department establishes fourteen calendar days as the maximum time period for approval or disapproval of a pigeon or aviary game bird ownership permit request after acceptance of a completed permit application. JAN 16 2004 (b) Notwithstanding the requirements of subsection (a) the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, that prevents the department from fulfilling application or review requirements in a timely manner. (c) Except as provided in subsection (b), an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department within the established maximum period of time as specified in subsection (a). If a permit application is automatically approved pursuant to this subsection, the department shall issue the permit within a reasonable period of time after being informed of or discovering the automatic approval. (d) This section shall apply only to application requests for business or development-related permits required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise. [Eff ] (Auth: HRS §§91-13.5, 142-2) (Imp: HRS §§91-13.5, 142-3) SUBCHAPTER 6 SEVERABILITY