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"Attack" means aggressive physical contact with a person or animal initiated by the dog <br /> <br /> which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or <br /> <br /> animal. <br /> "Bodily injury" means the same as that term is defined in section 707-700, Hawaii <br /> Revised Statutes. <br /> "County animal control service" means the animal control services provider contracted <br /> by the County to keep stray or unlicensed dogs. <br /> "Dangerous dog" means any dog which, without provocation, attacks a person or animal. <br /> A dog's breed shall not be considered in determining whether or not it is dangerous. <br /> "Enforcement officer" means any person authorized and designated to enforce the <br /> provisions of this article. <br /> "Negligently" shall have the same meaning as is ascribed to the term in section 702-206, <br /> Hawaii Revised Statutes. <br /> "Owner" means any person owning, harboring, or keeping a dog; provided that if the <br /> owner is a minor under the age of eighteen years, the parents, guardian or other person having <br /> the care, custody, or control of the minor shall be rebuttably presumed to be the owner. The <br /> person to whom a license was issued pursuant to section 143-2, Hawaii Revised Statutes, shall <br /> rebuttably be presumed to be the owner of the dog for purposes of this section. <br /> "Provocation" means the attack by a dog upon a person or animal was precipitated under <br /> the following circumstances: <br /> (1) The dog was protecting or defending its owner or a member of its owner's <br /> household from an attack or assault; <br /> (2) The person attacked was committing a crime or offense while on the property of <br /> the owner of the dog; <br /> (3) The person attacked was teasing, tormenting, abusing, or assaulting the dog or at <br /> any time in the past had teased, tormented, abused, or assaulted the dog; <br /> (4) The dog was attacked or menaced by the animal or the animal was on the property <br /> of the owner of the dog; <br /> (5) The dog was responding to pain or injury inflicted by the attacked person or <br /> animal; <br /> (6) The dog was protecting itself, its kennels, or its offspring from the attacked <br /> person or animal; <br /> (7) The person or animal attacked was disturbing the dog's natural functions, such as <br /> sleeping or eating, while the dog was on its owner's property; or <br /> (8) The dog was responding to a command or encouragement to attack the person or <br /> animal. <br /> 9 <br /> <br />