HRS §711-1141
How a dog gets declared dangerous
An officer can declare a dog dangerous if there is good reason to believe it fits the legal definition. The officer must give the owner a written notice by certified mail or in person. The owner can challenge the decision within 30 days.
The statute, as written — Designation as dangerous dog; basis
(1) An officer may find and declare a dog to be a dangerous dog if the officer has probable cause to believe that the dog falls within the definition of "dangerous dog". The declaration shall be based upon: (a) The written complaint of a person who is willing to testify that the dog has acted in a manner that causes it to fall within the definition of "dangerous dog"; (b) Actions of the dog witnessed by an officer; or (c) Other substantial evidence admissible in court. (2) The declaration in subsection (1) shall be in writing and shall be served by the officer upon the owner of the dangerous dog, if known, using one of the following methods: (a) Certified mail to the owner's last known address; or (b) Personally. (3) The owner of a dog declared to be a dangerous dog may initiate a contested case with the declarant officer's department or agency within thirty days following the service date of the declaration.
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