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"Serious injury" to a domestic animal means physical injury to the animal involving a <br /> <br /> broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an <br /> <br /> organ. <br /> Section 4-27. Prohibited acts-conditions on owner-penalties. <br /> (a) A dog owner commits the offense of negligent failure to control a dangerous dog, <br /> if the owner negligently fails to take reasonable measures to prevent the dog from <br /> attacking, without provocation, a person or animal and such attack results in: <br /> (I) The maiming or causing of serious injury to or the destruction of an animal, or <br /> (2) Bodily injury to a person other than the owner. <br /> A person convicted under this subsection shall be guilty of a petty misdemeanor for a <br /> first offense and a misdemeanor for a subsequent offense and sentenced in accordance <br /> with subsections (c), (d), and (e). <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 4-28. <br /> 10 <br /> <br />