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The Honolulu Advertiser
Posted on: Thursday, December 13, 2007

BUREAUCRACY BUSTER
Animals in cages not against law

By Treena Shapiro
Advertiser Columnist

Q. A homeless woman has has taken up residence in a closed restaurant at Atkinson and Kapi'olani. She has several locked cages of animals that she hauls around in five shopping carts. Conditions are deplorable and the Humane Society says it can't do anything. Can anything be done?

A. The Hawaiian Humane Society is doing something, but it's not taking the animals away, said society spokeswoman Kawehi Yim.

The humane society has checked on this woman, along with another woman who keeps animals under similar circumstances. However, it can't do much more than check back regularly, because there's no law that says homeless people can't have pets.

"Out of everyone, the homeless people would probably benefit the most from the companionship of an animal," Yim said.

Still, Yim understands that seeing animals in cages causes anxiety. But she points out that simply keeping an animal in a cage doesn't constitute animal cruelty.

"According to the animal cruelty law, keeping the animals in the conditions she does doesn't really fall under animal cruelty," Yim said. "Being held in a cage does not fall under animal cruelty unless it's too small. As long as the animals have adequate space to turn around and move and stretch, for us, unfortunately, that's enough."

In this particular case, the cages probably help protect the animals from the elements and Yim said some of the pets owned by the homeless are cared for better than humans.

Humane society investigators visit the woman's animals periodically to make sure they're being given food and water, and they've already determined that the cages are adequately sized. Legally, they can't do more than that.

Q. Can you tell me if it is legal for a recreational vehicle to camp overnight at public beaches and parking areas? There is a huge blue RV that has been parking overnight around East O'ahu. I think it's safe to say that this individual is not there for recreational camping. I'm constantly seeing it anywhere from Sandy Beach to Maunalua Bay. Is there anything that can be done?

A. It is legal, in part because the RV is moved every 24 hours and can't be classified as an abandoned vehicle.

"The police are aware of this vehicle and have spoken to the owner. The owner is moving his vehicle as required by law and has not committed any violations at this time," said Honolulu Police Department spokeswoman Michelle Yu.

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