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first offense and a misdemeanor for a subsequent offense and sentenced in accordance <br /> with subsections (c), (d), and (e). <br /> <br /> (b) For the purposes of this section, "reasonable measures to prevent the dog from attacking" <br /> shall include but not be limited to: <br /> (1) Measures required to be taken under article 4 of this chapter to prevent the dog <br /> from becoming a stray; and <br /> (2) Any conditions imposed by the court for the training of the dog or owner or for <br /> the supervision, confinement or restraint of the dog for a previous conviction <br /> under this section. <br /> (c) A dog owner convicted under subsection (a) shall be sentenced to the following <br /> without possibility of suspension of sentence: <br /> (1) A fine of not less than $500 nor more than $2,000; except that if the offense <br /> occurred within five years of a previous conviction under this section, a fine of <br /> not less than $1,000 nor more than $2,000; <br /> (2) A period of imprisonment of up to thirty days, or in lieu of imprisonment, a <br /> period of probation of not more than six months in accordance with the <br /> procedures, terms and conditions provided in chapter 706, part II, Hawaii <br /> Revised Statutes; except that if the offense occurred within five years of a <br /> previous conviction under this section, a period of imprisonment of up to six <br /> months, or in lieu of imprisonment, a period of probation of not more than one <br /> year; <br /> (3) Restitution to any individual who has suffered bodily injury or property damage <br /> as a result of an attack by the dog where the individual suffers financial losses or <br /> medical expenses due to the attack. For the purposes of this subsection, medical <br /> expenses may include the costs of necessary counseling or rehabilitative services; <br /> and <br /> (4) Payment of all expenses for the boarding and retention of the dog if seized and <br /> impounded pursuant to section 4-31. <br /> (d) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also <br /> be sentenced to the following mandatory provisions, in addition to the provisions of <br /> subsection (c): <br /> (1) The owner shall provide the owner's name, address and telephone number to the <br /> County animal control service; <br /> (2) The owner shall provide the location at which the dog is currently kept, if such <br /> location is not the owner's address; <br /> (3) The owner shall promptly notify the appropriate animal control service of: <br /> (A) Any changes in the ownership of the dog or the location of the dog along <br /> with the names, addresses and telephone numbers of new owners or the <br /> new address at which the dog is located; <br /> (B) Any further instances of an attack by the dog upon a person or an animal; <br /> (C) Any claims made or lawsuits brought as a result of further instances of an <br /> attack by the dog; or <br /> (D) The death of the dog; <br /> 10 <br /> <br />