Supplement 16 - Laserfiche WebLink

Home

A NIMALS § 4-4-32 (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. (2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 7.)4-4-32 Section 4-4-33. Habitual negligent failure to control a dangerous dog; penalties. (a) A dog owner commits the offense of habitual negligent failure to control a dangerous dog, if the person was convicted of a violation of section 4-4-32 within five years prior to the present incident, the prior violation involved the same dog, and the dog owner negligently failed 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; or (2) Bodily injury to a person. (b) A person convicted under this subsection shall be guilty of a misdemeanor and sentenced to one or both of the following procedures, terms and conditions provided in chapter 706, part II, Hawai‘i Revised Statutes: (1) A fine of not less than $200 nor more than $2,000; (2) A period of imprisonment of up to one year, or in lieu of imprisonment, a period of probation of not more than one year 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. (2022, ord 22-36, sec 10; am 2022, ord 22-36, sec 10.) Section 4-4-34. Citation and summons; seizure; relinquishment of ownership. (a) Upon finding probable cause to believe that there has been a violation of sections 4-4-32 or 4-4-33, a police officer may arrest or issue a summons and citation to the dog’s owner, or both. In addition to arresting or issuing a summons and citation to the owner, a police officer shall have the dog seized and impounded by animal control officers until: (1) the Court orders that the dog be humanely destroyed or returned to the owner, or; (2) a criminal case arising out of the violation of section 4-4-32 or 4-4-33 is dismissed, whichever comes first. Such impoundment may be at the premises of a licensed veterinarian, a County animal control facility, or at a commercial kennel. Medical and impound expenses incurred by the County relating to the care and custody of the dog may be collected from the owner, with waiver of expenses permitted based upon criteria outlined in the animal control and protection agency’s administrative rules. (b) If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if the owner does not appear at the time and place stated in the summons, the dog shall be subject to relinquishment pursuant to subsection (d). SUPP. 16 (7-2024) 4-13