BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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"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. "Enforcement officer" means any person authorized and designated to enforce the provisions of this article. "Negligently" shall have the same meaning as is ascribed to the term in section 702-206, Hawaii Revised Statutes. "Owner" means any person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parents, 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 a license was issued pursuant to section 143-2, Hawaii Revised Statutes, shall rebuttably be presumed to be the owner of the dog for purposes of this section. "Provocation" means the attack by a dog upon a person or animal was precipitated under the following circumstances: (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 or offense while on the property of the owner of the dog; (3) The person attacked was teasing, tormenting, abusing, or assaulting the dog or at any time in the past had teased, tormented, abused, or assaulted the dog; (4) The dog was attacked or menaced by the animal or the animal was on the property of the owner of the dog; (5) The dog was responding to pain or injury inflicted by the attacked person or animal; (6) The dog was protecting itself, its kennels, or its offspring from the attacked person or animal; (7) The person or animal attacked was disturbing the dog's natural functions, such as sleeping or eating, while the dog was on its owner's property; or (8) The dog was responding to a command or encouragement to attack the person or animal. "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an organ. Section 4-30. Prohibited acts-conditions on owner-penalties. (a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the owner 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 other than the owner. A person convicted under this subsection shall be guilty of a petty misdemeanor for a 9