BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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first offense and a misdemeanor for a subsequent offense 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: (1) Measures required to be taken under article 4 of this chapter 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 the following without possibility of suspension of sentence: (1) A fine of not less than $500 nor more than $2,000; except that if the offense occurred within five yeazs of a previous conviction under this section, a fine of not less than $1,000 nor more than $2,000; (2) A period of imprisonment of up to thirty 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, pazt II, Hawaii Revised Statutes; except that if the offense occurred within five years of a previous conviction under this section, a period of imprisonment of up to six months, or in lieu of imprisonment, a period of probation of not more than one year; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog where the individual suffers financial losses or medical expenses due to the attack. For the purposes of this subsection, medical expenses may include the costs of necessary counseling or rehabilitative services; and (4) Payment of all expenses for the boazding and retention of the dog if seized and impounded pursuant to section 4-31. (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 County animal control service; (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 animal control service of: (A) Any changes in the ownership of the dog or the location of the dog along with the names, addresses and telephone numbers of new owners or the new address at which the dog is located; (B) Any further instances of an attack by the dog upon a person or an animal; (C) Any claims made or lawsuits brought as a result of further instances of an attack by the dog; or (D) The death of the dog; 10