Definitions for animal control rules

As used in this chapter: “Animal control officer” means any employee of the County animal control and protection agency, who is authorized to carry out and enforce the provisions of this chapter. “Animals,” unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of a dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property. Animals shall also include honey bees and exclude aviary game birds and fish as defined in Hawai‘i Revised Statutes. “At large” means on the premises of a person other than the owner of the dog or other small domesticated animal without the consent of the occupant of the premises, or on a public street, alley, highway, or in any public place except when under the control of a responsible person or an authorized representative of the owner. “Attack” means aggressive physical contact with a person or animal initiated by the dog which may include, but is not limited to, the dog jumping on, leaping at, or biting a person or animal. “Bodily injury” means physical pain, illness, or any impairment of physical condition. “Dangerous dog” means any dog which, without provocation, attacks a person or animal. A dog’s breed shall not be considered in determining whether or not it is dangerous. “Farm animals” means pigs, cows, goats, sheep, horses, camels, and llamas. “Humane society” means any eleemosynary organization formed for the purpose of providing humane care and treatment of dogs, cats, and other animals. “Livestock” means all animals generally associated with farming, which are raised or kept for food and other agricultural purposes. Such animals include: swine; cattle; horses; goats; sheep; chickens, ducks, geese, turkey, and other poultry; rabbits; and bees. “Negligently” shall have the same meaning as is ascribed to the term in section 702-206, Hawai‘i Revised Statutes. 4-1 SUPP. 17 (1-2025) “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 ANIMALS § 4-1-1 “Substantial bodily injury” means bodily injury which causes: (1) A major avulsion, laceration, or penetration of the skin; (2) A burn of at least second degree severity; (3) A bone fracture; (4) A serious concussion; or (5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs. “Vicious dog” means a dog which: (1) Places a person or other animal in imminent danger of bodily injury; or (2) Has bitten any person or animal. A dog shall not be deemed vicious where the vicious behavior in question is the result of the dog being tormented, assaulted, or otherwise abused by the victim of the vicious behavior. Article 2. Dog, Cat, and Animal Pounds.