BIL 004 Draft 03 2004-2006 - Laserfiche WebLink

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(b) Licensed hunting does, when accompanied by and under the control of their owner. while lawfully on public orprivate hunting_grounds and engaged in the act of hunting will not be subject to the leash requirements however, at all other times, the dogs aze subject to the requirements of this section (c) This section shall not apply to "Seeing Eve" dogs or other dogs necessazily utilized for the benefit of handicapped persons or to dogs used for pumoses of law enforcement by law enforcement agencies of the Federal, State or County~overnments. (d) It shall be unlawful for the owner of any dog, whether the dog is licensed or not. to permit such dog to become a stray. Section 4-30. Penalty for permitting a dog to stray. In addition to other penalties listed in this chapter, the owner of any dog which strays upon any public lands or the private lands of another shall be fined `u~-rollvv:Si] not less than $75 nor more than $1000. [ r.,...,,..,... Y...,..,,,....,,~. (B) Section 4-31. Regulation of dangerous dogs; prohibited acts; conditions on owner; penalties. (a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the person negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) the maiming or causing of serious injury to or the destruction of an animal; or (2) bodily injury to a person. A person convicted under this subsection shall be guilty of a petty misdemeanor and sentenced in accordance with subsections (c), (d), and (e). (b) For the purposes of this section, "reasonable measures to prevent the dog from attacking" shall include but not be limited to: (I) measures required rn , n , ~ , ~ , o r,, , n ~ ~n r~ zn ^_a n ~ ,.c to prevent the dog from becoming a stray; and (2) any conditions imposed by the court for the training of the dog or owner or for the supervision, confinement or restraint of the dog for a previous conviction under this section. (c) A dog owner convicted under subsection (a) shall be sentenced to one or more of the following: (1) A fine of not less than $200 nor more than $2,000; (2) A period of imprisonment of up to 30 days, or in lieu of imprisonment, a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawaii Revised Statutes; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; (d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to the following mandatory provisions, in addition to the provisions of subsection (c): (1) The owner shall provide the owner's name, address and telephone number to the [eery-animal sen~elserv~ieel appropriate humane society or animal Gaze center ; (2) The owner shall provide the location at which the dog is currently kept, if such location is not the owner's address; (3) The owner shall promptly notify the appropriate humane socieri or animal care center [eni~nel--eentre4 sew+ee] of: -9-