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Section 4-38. Penalty. <br /> Any person found guilty of violating any of the provisions of this article shall be fined <br /> not more than $100. <br /> Article 7. Regulation of Dangerous Dogs. <br /> Section 4-39. Definitions. <br /> Wherever used in this article, unless a different meaning clearly appears from the context: <br /> "Animal" means any "animal," "farm animal," or "poultry" as those terms are defined in <br /> section 4-5. <br /> "Attack' means aggressive physical contact with a person or animal initiated by the dog <br /> which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or <br /> animal. <br /> "Bodily injury" means the same as that term is defined in section 707-700, Hawaii <br /> Revised Statutes. <br /> "County animal control service" means the animal control services provider contracted <br /> by the County to keep stray or unlicensed dogs. <br /> "Dangerous dog" means any dog which, without provocation, attacks a person or animal. <br /> A dog's breed shall not be considered in determining whether or not it is dangerous. <br /> "Enforcement officer" means any person authorized and designated to enforce the <br /> provisions of this article. <br /> "Negligently" shall have the same meaning as is ascribed to the term in section 702-206, <br /> Hawaii Revised Statutes. <br /> "Owner" means any person owning, harboring, or keeping a dog; provided that if the <br /> owner is a minor under the age of eighteen years, the parents, guardian or other person having <br /> the care, custody, or control of the minor shall be rebuttably presumed to be the owner. The <br /> <br /> person to whom a license was issued pursuant to section 143-2, Hawaii Revised Statutes. shall <br /> rebuttably be presumed to be the owner of the dog for purposes of this section. <br /> "Provocation" means the attack by a dog upon a person or animal was precipitated under <br /> <br /> the following circumstances: <br /> (1) The dog was protecting or defending its owner or a member of its owner's <br /> household from an attack or assault; <br /> (2) The person attacked was committing a crime or offense while on the property of <br /> the owner of the dog; <br /> 12 <br /> <br />