Chapter 04 Animals - Laserfiche WebLink

Home

§ 4-1-1 H AWAI‘I C OUNTY C ODE “Owner” means any person owning, harboring or keeping a dog, provided that if the owner is a minor under the age of 18 years, the parent, guardian or other person having the care, custody or control of the minor shall be rebuttably presumed to be the owner. The person to whom the license was issued pursuant to section 143-2, Hawai‘i Revised Statutes, shall be rebuttably presumed to be the owner of the dog for purposes of this section. “Person” means and includes corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings. “Police officer” means a sworn officer of the police department, charged with the enforcement of County and State laws. “Poultry” means fowl that are not regulated by state law, including chickens, pigeons, turkeys, geese, ducks, and peacocks. “Provocation” means that the attack by a dog upon a person or animal was precipitated under circumstances reasonably expected to evoke a vicious response from the dog, including, but not limited to, the following: (1) The dog was protecting or defending its owner or a member of its owner’s household from an attack or assault; (2) The person attacked was committing a crime while on the property of the owner of the dog; (3) The person attacked was tormenting, abusing, or assaulting the dog; (4) The dog was attacked by the animal; (5) The dog was responding to pain or injury inflicted by the attacked person or animal; or (6) The dog was protecting itself, its kennels or its offspring from the attacked person or animal and the attack was committed on its owner’s property. “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. “Serious injury” to a domestic animal means physical injury to the animal involving a broken bone, a laceration requiring stitches, a concussion, or a tearing or rupture of an organ. “Sterilized dog” means a spayed female dog and a neutered male dog. “Stray” means: (1) An unlicensed dog or dog without a license for the current year; (2) Any dog on the premises of a person other than the owner of the dog, without the consent of an occupant of such premises; (3) Any dog on a public street, on public or private school grounds, or in any other public place, except when under the control of the owner by leash, cord, chain or other similar means of physical restraint, provided that such leash, cord, chain, or other means is not more than eight feet in length, and provided further that this provision shall not be construed to permit that which is prohibited by any other law; or (4) A cat or small domesticated animal wandering or running at large, or found upon any public place or found not upon the lands of the owner or not under the charge or control of one in possession. SUPP. 16 (7-2024) 4-2