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[(d~] ~ "Attack" means aggressive physical contact with a person or animal initiated by the dog which may
<br /> include, but is not limited to, the dog jumping on, leaping at, or biting a person or animal.
<br /> [(t~] f~' "Bodily injury" means the same as that defined in section 707-700, Hawaii Revised Statutes.
<br /> [(#31 ~ County animal control service" means the animal control services provider contracted by the county to
<br /> keep stray or unlicensed dogs.
<br /> ~ "Dangerous dog" means any dog which, without provocation, attacks a person or animal. A dog's breed
<br /> shall not be considered in determining whether or not it is dangerous.
<br /> [(-h)] ~ "Enforcement officer" means any person authorized and designated to enforce the provisions of this
<br /> article; however, only an officer of the Hawaii County Police Department may arrest a person pursuant to
<br /> the provisions of this article.
<br /> [(t~] S,j~ "Farm animals" means pigs, [eews;] goats, sheep, horses, camels, cattle, mules, asses, and llamas.
<br /> [(j ~"Humane society" means any eleemosynary organization formed for the purpose of providing humane
<br /> care and treatment of dogs, cats and other animals.
<br /> (1) "Lawful Fence" means a fence as defined in section 142-61. Hawaii Revised Statutes.
<br /> ~"Negligently" shall have the same meaning as is ascribed to the term in section 702-206, Hawaii
<br /> Revised Statutes.
<br /> [(-1)] ~ "Owner" means any person owning, harboring or keeping a dog; provided that if the owner is a minor
<br /> under the age of 18 years, the parent, guardian or other person having the care, custody or control of the
<br /> minor shall be rebuttably presumed to be the owner. The person to whom the license was issued pursuant to
<br /> section 143-2, Hawaii Revised Statutes, shall be rebuttably presumed to be the owner of the dog for
<br /> purposes of this section.
<br /> [(-tn~] ~ "Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one
<br /> or more individual human beings.
<br />
<br /> [(n~] ~ "Poultr}~' means chickens, pigeons, turkeys, geese, ducks and peacocks not regulated by state law.
<br />
<br /> [(e~] ~ "Provocation" means that the attack by a dog upon a person or animal was precipitated under
<br /> circumstances reasonably expected to evoke a vicious response from the dog, including, but not limited to,
<br /> the following:
<br /> (l) The dog was protecting or defending its owner or a member of its owner's household from an attack or
<br /> assault;
<br /> (2) 'fhe person attacked was committing a crime while nn the property of the owner of the dog;
<br /> (3) The person attacked was tormenting, abusing or assaulting the dog;
<br /> (4) The dog was attacked by the animal;
<br /> (5) The dog was responding to pain or injury inflicted by the attacked person or animal; or
<br /> (6) The dog was protecting itself, its kennels or its offspring from the attacked person or animal and the
<br /> attack was committed on its owner's property.
<br /> ~ "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a
<br /> laceration requiring stitches, a concussion, or a tearing or rupture of an organ.
<br /> ~ "Sterilized dog" means a spayed female dog and a neutered male dog.
<br /> ll "Stray" means:
<br /> (l) an unlicensed dog or dog without a license for the current year;
<br /> (2) any dog on the premises of a person other than the owner of the dog, without the consent of an
<br /> occupant of such premises;
<br /> (3) any dog on a public street, on public or private school grounds, or in any other public place, except
<br /> when under the control of the owner by leash, cord, chain or other similar means of physical restraint,
<br /> provided that such leash, cord, chain or other means is not more than eight feet in length, and provided
<br /> further that this provision shall not be construed to pernrit that which is prohibited by any other law; or
<br /> (4) a cat or small domesticated animal wandering or running at large, or found upon any public place or
<br /> found not upon the lands of the owner or not under the charge or control of one in possession.
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