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to be an animal nuisance, as defined in paragraphs (1) and (2) of the definition of "animal <br /> nuisance" contained in section 4-4, in lieu of citing the owner for a first offense under <br /> those provisions. As used in this subsection, "first offense" means an offense that does <br /> not occur within two years of the occurrence of a previous offense involving the same <br /> provision. <br /> <br /> (b) An owner convicted of an offense shall be sentenced as follows: <br /> (1) A fine of $50 if the offense did not occur within two years of the occurrence of a <br /> previous offense involving the same provision; <br /> (2) A fine of $100 if the offense occurred within two years of the occurrence of one <br /> previous offense involving the same provision; or <br /> (3) A fine of not less than $500 nor more than $1,000, imprisonment not exceeding <br /> thirty days, or both, if the offense occurred within two years of the occurrence of <br /> two or more previous offenses involving the same provision. In lieu of a term of <br /> imprisonment, the court may order the defendant to serve a period of probation of <br /> not more than six months in accordance with the procedures, terms and conditions <br /> provided in chapter 706, part II, Hawaii Revised Statutes. <br /> <br /> (c) For the purposes of this section: <br /> (1) "Provision" means a prohibition or requirement listed in section 4-5 and <br /> subsection 4-6(b); <br /> (2) An offense shall be deemed to have occurred on the date of the summons or <br /> citation identifying the offense; <br /> (3) A person who commits an offense within two years of the occurrence of a <br /> previous offense involving the same provision shall be subject to the escalating <br /> penalty of subsections (b)(2) or (b)(3), even if the animals involved in the <br /> offenses differed; and <br /> (4) The fines provided for in this section shall be imposed without the possibility of <br /> suspension. <br /> Section 4-12. Annual report required. <br /> The animal control contractor shall render a full report of its activities and operations <br /> relating to the enforcement of this article to the mayor and the council within one month after the <br /> end of each fiscal year. <br /> Article 3. Dog License. <br /> Section 4-13. Definitions. <br /> For the purposes of this article: <br /> "Altered" means dogs that have been either spayed or neutered. The applicant must <br /> present a certificate from a veterinarian licensed to practice within the State showing the <br /> description, age, and breed of the dog and certifying that it has been spayed or neutered. <br /> "Microchip" means a computer chip that has an identification number programmed into <br /> it and is approved by the animal control contractor. <br /> 4 <br /> <br />