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§ 4-4-34 H AWAI‘I C OUNTY C ODE (c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor and fined not less than $200 nor more than $2,000, imprisoned not more than thirty days, or both. (d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog as it deems appropriate. (e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any penalties which may be imposed by the court. (2002, ord 02-138, sec 3; am 2022, ord 22-36, secs 6 and 9; am 2024, ord 24-26, sec 6.)4-4-34 Section 4-4-35. Additional penalties. (a) Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to the following provisions, in addition to the provisions of sections 4-4-32 and 4-4-33: (1) The owner shall provide the owner’s name, address, and telephone number to the County animal control and protection agency; (2) The owner shall provide the location at which the dog is currently kept, if such location is not the owner’s address; (3) The owner shall promptly notify the animal control and protection agency of: (A) Any changes in the ownership of the dog or the location of the dog along with the names, addresses, and telephone numbers of new owners or the new address at which the dog is located; (B) Any further instances of an attack by the dog upon a person or an animal; (C) Any claims made or lawsuits brought as a result of further instances of an attack by the dog; or (D) The death of the dog. (4) The owner shall obtain a license for the dog pursuant to section 143-2, Hawai‘i Revised Statutes, if the dog is not currently licensed; and (5) Unless already identified by microchip, the dog shall be permanently identified, at the owner’s expense, by injecting into the dog an identification microchip using standard veterinary procedures and practices. The microchip identification number of the dog shall be provided to the County animal control and protection agency. (b) Unless the dog has been or is ordered to be humanely destroyed, in addition to the provisions of subsection (a), the dog owner may also be sentenced to any of the following terms or conditions: (1) When indoors, the dog be under the control of a person eighteen years of age or older; (2) When outdoors and unattended, the dog be kept within a locked fenced or walled area from which it cannot escape; (3) When outdoors and unattended, the dog be confined to an escape-proof kennel; SUPP.16 (7-2024) 4-14