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§ 4-4-32 H AWAI‘I C OUNTY C ODE Section 4-4-32. Negligent failure to control a dangerous dog; penalties. (a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the person negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) The maiming or causing of serious injury to or the destruction of an animal; (2) Bodily injury to a person; (3) Substantial bodily injury to a person; or (4) Serious bodily injury or death. (b) For the purposes of this section, “reasonable measures to prevent the dog from attacking” shall include but not be limited to: (1) Measures required to be taken under sections 4-3-1, 4-3-2, 4-3-5, 4-4-21, 4-4-24, 4-4-30 and 4-9-1 of this chapter to prevent the dog from becoming a stray; and (2) Any conditions imposed by the court for the training of the dog or owner or for the supervision, confinement or restraint of the dog for a previous conviction under this section. (c) A person convicted under this section of a violation of subsections (a)(1) or (a)(2) shall be guilty of a petty misdemeanor and sentenced to one or more of the following: (1) A fine of not less than $200 nor more than $1,000; (2) A period of imprisonment of up to thirty days or, in lieu of imprisonment, a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; or (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog. (d) A person convicted under this section of a violation of subsection (a)(3) shall be guilty of a class C felony and sentenced to one or more of the following: (1) A fine of not less than $500 nor more than $10,000; (2) A period of imprisonment of up to five years or, in lieu of imprisonment, a period of probation of four years with up to one year of imprisonment, in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; (3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog; or (4) The dog shall be humanely destroyed. (e) A person convicted under this section of a violation of subsection (a)(4) shall be guilty of a class B felony and sentenced to one or more of the following: (1) A fine of not less than $500 nor more than $25,000; (2) A period of imprisonment of up to ten years or, a period of probation of four years with up to eighteen months of imprisonment, in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes; SUPP. 12 (7-2022) 4-12