Extra penalties for dog owners after a dog attack

(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 ANIMALS § 4-4-35 (4) When outdoors, the dog be attended and kept within a fenced or walled area from which it cannot escape; (5) When outdoors, the dog be attended and kept on a leash no longer than six feet in length and under the control of a person eighteen years of age or older; (6) When outdoors, the dog be attended and muzzled with a muzzle that prevents the dog from biting any person or animal but does not cause injury to the dog or interfere with its vision or respiration; (7) A sign or signs be placed in a location or locations directed by the court advising the public of the presence and dangerousness of the dog; (8) The owner and dog, at the owner’s expense, attend training sessions conducted by an animal behaviorist, a licensed veterinarian, or other recognized expert in the field; (9) The dog be neutered or spayed at the owner’s expense, unless the neutering or spaying of the dog is medically contraindicated; (10) The owner procure liability insurance or post bond of not less than $50,000, or for a higher amount if the court finds a higher amount appropriate to cover the medical and/or veterinary costs resulting from potential future actions of the dog; (11) The dog be humanely destroyed; or (12) Any other condition the court deems necessary to restrain or control the dog. (c) For the purposes of this section, an “escape-proof kennel” means a kennel which allows the dog to stand normally and without restriction, which is at least two and one-half times the length of the dog, and which protects the dog from the elements. Fencing or wall materials required under this section shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps therein shall not be more than two inches. Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the dog, and when the dog is confined to such kennel or area and unattended, such locks shall be kept locked. The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects. (d) Upon probable cause, a police officer may either arrest or issue a summons and citation to the owner for violation of subsection (a). (2022, ord 22-36, sec 13; am 2024, ord 24-26, secs 7 and 8.) 4-4-35