Penalties and rules for owners of dangerous dogs

A dog owner commits the offense of negligent failure to control a dangerous dog, if the person negligently fails to take reasonable measures to prevent the dog from attacking a person or animal and such attack results in:The maiming or causing of serious injury to or the destruction of an animal; orBodily injury to a person.A person convicted under this Subsection shall be guilty of a petty misdemeanor and sentenced in accordance with Subsections (c), (d) and (e) of this Section.In any prosecution under this Section, it is an affirmative defense that the attack was caused by provocation, as defined herein. The defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts that establish provocation.For the purposes of this Section, "reasonable measures to prevent the dog from attacking" shall include but not be limited to:Measures required to be taken under Article 2 of this Chapter to prevent the dog from becoming a stray; andAny conditions imposed by the court for the training of the dog or owner or for the supervision, confinement or restraint of the dog for a previous conviction under this Section.A dog owner convicted under Subsection of this Section shall be sentenced to one (1) or more of the following:A fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00);A period of imprisonment of up to thirty (30) days, or in lieu of imprisonment, a period of probation of not more than six (6) months in accordance with the procedures, terms, and conditions provided in HRS Chapter 706, Part II;Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog.Unless the dog has been or is ordered to be humanely destroyed, the dog owner shall also be sentenced to the following mandatory provisions, in addition to the provisions of Subsection of this Section:The owner shall provide his or her name, address and telephone number to the County animal control service;The owner shall provide the location at which the dog is currently kept, if such location is not the owner's address;The owner shall promptly notify the appropriate animal control service of: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;Any further instances of an attack by the dog upon a person or an animal;Any claims made or lawsuits brought as a result of further instances of an attack by the dog; orThe death of the dog.The owner shall obtain a license for the dog pursuant to HRS Section 143-2, if the dog is not currently licensed; andUnless 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 service.In addition to the provisions of Subsections and of this Section, the dog owner may also be sentenced to any of the following terms or conditions:When indoors, the dog shall be under the control of a person eighteen (18) years of age or older;When outdoors and unattended, the dog shall be kept within a locked fenced or walled area from which it cannot escape; or an escape-proof kennel;When outdoors, the dog shall be attended and kept on a leash no longer than six (6) feet in length and under the control of a person eighteen (18) years of age or older;When outdoors, the dog shall 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;A sign or signs shall be placed in a location or locations directed by the court advising the public of the presence and dangerousness of the dog;The owner and dog, at the owner's expense, shall attend training sessions conducted by an animal behaviorist, a licensed veterinarian or other recognized expert in the field;The dog shall be neutered or spayed at the owner's expense, unless the neutering or spaying of the dog is medically contraindicated;The owner shall procure liability insurance or post bond of not less than fifty thousand dollars ($50,000.00), 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;The dog shall be humanely destroyed; orAny other condition the court deems necessary to restrain or control the dog.For the purpose of this Subsection: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 (2-1/2) times the length of the dog, and which protects the dog from the elements.Fencing or wall material required under this Section shall not have openings with a diameter of more than two (2) inches, and in the case of wooden fences, the gaps therein shall not be more than two (2) 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.Upon probable cause, an enforcement officer may either arrest or issue a summons and citation to the owner for violation of Subsection of this Section.The court shall hold a hearing on the alleged violation of Subsection of this Section within thirty (30) days of the arrest or issuance of the citation, or as soon as practicable.