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animal nuisance for purposes of this article if, at the time the animal, farm animal, or <br /> poultry is making unreasonable noise, biting, or stinging, a person is trespassing or <br /> threatening trespass upon private property in or upon which the animal, farm animal or <br /> poultry is situated, or for any other legitimate cause which teased or provoked said <br /> animal, farm animal, or poultry. <br /> (b) This article shall not apply to animals, farm animals, or poultry raised, bred, or kept as a <br /> commercial enterprise or for food purposes where commercial kennels or the keeping of <br /> livestock is a permitted use. <br /> Section 4-6. Defecation prohibited. <br /> (a) No person who owns, harbors, keeps or has charge or control of any dog or other small <br /> domesticated animal shall cause, suffer, or allow such animal to soil, defile, or defecate <br /> on, any part of any street, including any sidewalk, passageway or bypath, or on any play <br /> area, park, or place where people congregate or walk, or on any public property, or on <br /> any private property, without the permission of the owner of the property. <br /> (b) The restrictions in this section shall not apply to that portion of the roadway of any street <br /> which lies between and within three feet of the edges or curbs of the roadway, except at <br /> crosswalks or bus stops, provided that the person who owns, harbors, keeps or has charge <br /> or control of a domesticated animal shall immediately and securely enclose all feces <br /> deposited by the animal in a bag, wrapper, or other container, and dispose of the same all <br /> in a sanitary manner. <br /> Section 4-7. Complaint forms for private citizens. <br /> The animal control contractor, in consultation with the Hawaii police department, shall <br /> develop a complaint form with respect to the keeping of animals, farm animals, or poultry. The <br /> form may be obtained by private citizens from the animal control contractor, at the Humane <br /> Society Offices, or the office of information and complaints. <br /> Section 4-11. Penalties. <br /> (a) An owner convicted of an offense shall be sentenced as follows: <br /> (1) A fine of $25 for a first offense; <br /> (2) A fine of $50 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 $100 nor more than $1,000, if the offense occurred within <br /> two years of the occurrence of two or more previous offenses involving the same <br /> provision. <br /> <br /> (b) For the purposes of this section: <br /> (1) "Provision" means a prohibition or requirement listed in sections 4-5 and 4-6; <br /> (2) An offense shall be deemed to have occurred on the date of the summons or <br /> citation identifying the offense; and <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 subsection (a), even if the animals involved in the offenses differed. <br /> 3 <br /> <br />