BIL 004 Draft 02 2004-2006 - Laserfiche WebLink

Home

[(e)] ~ "Animal control officer" means any employee of acounty-contracted animal control services provider or the Hawaii County Police Department who is authorized to carry out and enforce the provisions of this chapter. Such individual shall also be known as and may bear the title of "[ktx+~ane] enforcement officer." [(~)]fe)_"Attack" means aggressive physical contact with a person or animal initiated by the dog which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or animal. [(e~] (fit "Bodily injury" means the same as that defined in section 707-700, Hawaii Revised Statutes. ~ County animal control service" means the animal control services provider contracted by the county to keep stray or unlicensed dogs. [(gj] u "Dangerous dog" means any dog which, without provocation, attacks a person or animal. A dog's breed shall not be considered in determining whether or not it is dangerous. (i) "Domesticated animal" means an animal which is tamed or housebroken and has been adapted to live with human beings. [(4#)] ~ "Enforcement officer" means any person authorized and designated to enforce the provisions of this article; however, only an officer of the Hawaii County Police Department may arcest a person pursuant to the provisions of this article. ~ "Farm animals" means pigs, [eeiv~] goats, sheep, horses, camels cattle, mules, asses, and llamas. (~"Humane society" means any eleemosynary organization formed for the purpose of providing humane care and treatment of dogs, cats and other animals. (m)"Lawful Fence" means a fence as defined in section 142-61, Hawaii Revised Statutes. [(kj] ~"Negligently" shall have the same meaning as is ascribed to the term in section 702-206, Hawaii Revised Statutes. [(1~] ~ "Owner" means any person owning, harboring or keeping a dog; provided that if the owner is a minor under the age of 18 yeazs, the parent, guardian or other person having the care, custody or control of the minor shall be rebuttably presumed to be the owner. The person to whom the license was issued pursuant to section 143-2, Hawaii Revised Statutes, shall be rebuttably presumed to be the owner of the dog for purposes of this section. ~ "Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings. (gj "Poultry" means chickens, pigeons, turkeys, geese, ducks and peacocks not regulated by state law. [(e)] "Provocation" means that the attack by a dog upon a person or animal was precipitated under circumstances reasonably expected to evoke a vicious response from the dog, including, but not limited to, the following: (1) The dog was protecting or defending its owner or a member of its owner's household from an attack or assault; (2) The person attacked was committing a crime while on the property of the owner of the dog; (3) The person attacked was tormenting, abusing or assaulting the dog; (4) The dog was attacked by the animal; (5) The dog was responding to pain or injury inflicted by the attacked person or animal; or (6) The dog was protecting itself, its kennels or its offspring from the attacked person or animal and the attack was committed on its owner's property. (s) "Roadway" means any public or private street avenue road alley highway lane oath or other place located in the County and established for the use of vehiculaz or pedestrian traffic. [(-p)]fTj "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a laceration requiring stitches, a concussion, or a tearing or rupture of an organ. ~ "Sterilized dog" means a spayed female dog and a neutered male dog. "Stray" means: (1) an unlicensed dog or dog without a license for the curcent year; (2) any dog on the premises of a person other than the owner of the dog, without the consent of an occupant of such premises; (3) any dog on a roadway [p~liwstree6}, on public or private school Bounds, or in any other public place, except when under the control of the owner by leash, cord, chain or other similar means of physical -2-