Animal Rules: Definitions

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended: "Animal" means any fowl, reptile, aquatic life, or mammal other than a human being. "Animal control" means the organization contracted with for the seizure and impounding of all unlicensed dogs, and for the maintenance of a shelter or pound for unlicensed dogs, and for lost, strayed, and homeless dogs, and for the destruction. or other disposition of seized dogs not redeemed as provided in chapter 143 of the Hawaii Revised Statutes. "Animal control officer" means the person or persons designated by the mayor or his authorized representative to enforce this chapter and section 13.04.040(D) of this code. "Animal shelter" means the facility or facilities designated by the County for the purpose of impounding and caring for animals. "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, or for public exhibition or display, or for sale for these purposes. The term 'aquarium purposes' shall not include the harvesting of aquatic life for human consumption or for sale for human consumption. "Aquatic life" means any species or type of saltwater fish, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the marine environment and includes any part, product, egg, or offspring thereof. "At large" means a situation where a dog is off the real property of the owner and is not under restraint. "Attack" means aggressive physical contact initiated by a dog which includes, but is not limited to pouncing on, biting, or scratching. "Board" means the dangerous dog adjudication and appeals board. "Bodily injury" means physical pain, illness, or any impairment of physical condition. "Dangerous dog" means any dog deemed dangerous by an enforcement or animal control officer. "Dog park" means an enclosed area within a County park that has been designated for use as an off-leash dog area. "Enforcement officer" means any law enforcement officer, any employee of the County authorized to enforce this chapter, and any animal control employee authorized to enforce this chapter. "Equine animal" means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras. "Excessive barking" means continuous and/or incessant barking, baying, crying, howling, or any other noise which disturbs any person at any time of day or night for ten consecutive minutes or intermittently for twenty minutes; provided, however, that barking shall not be deemed excessive if such barking is the result of a trespass or threatened trespass by a person or persons on private property on which the dog is situated or is the result of a person teasing or otherwise provoking the dog. "Guide dog" and "signal dog" shall have the same meaning as defined in Hawaii Revised Statutes section 515-3. "Harvest" or "harvesting" means to catch or take aquatic life from the marine environment. "Humane manner" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements: 1. Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; 2. Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs; 3. Access to a barn, dog house, or other suitable shelter sufficient to protect the animal from wind, rain, and sun, said shelter shall ensure the animals health and well-being; 4. The shelter shall contain adequate bedding to protect the animal from wet and dampness; 5. Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, and disease; 6. Adequate space for exercise necessary for the health of the animal consistent with prudent animal care practices and access to a dry place for the animal to rest; 7. If confined, confinement area kept reasonably clean and free from excess waste or other contaminants which could affect the animal's health and air temperature suitable for the animal involved. The owner is responsible for finding the animal another home, or turning it over to animal control, if the owner cannot care for the animal. "Impound" means to seize and take physical custody of an animal, and place it in the care of animal control. "Intentionally" shall have the same meaning as ascribed to the term in section 702-206(1), Hawaii Revised Statutes. "Knowingly" shall have the same meaning as ascribed to the term in section 702-206(2), Hawaii Revised Statutes. "Licensing authority" means the department of finance. "Muzzle" means a muzzling device that prevents the dog from biting without injuring the dog or interfering with its vision or breathing. "Negligently" shall have the same meaning as ascribed to the term in section 702-206(4), Hawaii Revised Statutes. "Neutered" means rendered permanently incapable of reproduction. "Nuisance" means a dog that damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks, or interferes with persons or other animals on property other than the owner's. "Officer" means the animal control officer. "Owner" means every person owning, harboring, or keeping an animal; provided, that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrefutably presumed to be the owner. "Owner's property" means property owned, leased, or rented by the owner of the dog. "Person" means any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit. "Pet animal" means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only), so long as not bred for consumption. "Recklessly" shall have the same meaning as ascribed to the term in section 702-206(3), Hawaii Revised Statutes. "Sell" means to transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to agree to do the same to another for consideration. "Service dog" shall have the same meaning as defined in the Americans with Disabilities Act. "Under restraint" means kept on real property with the express consent of the property owner, in a manner which prevents the dog from exiting the property of its own volition. Examples shall include, but not be limited to, fully enclosed property, kennels, and tethers; or kept secured by a leash or lead of not more than ten feet in length held by or tied to a responsible person; or, if in the bed of a truck, secured to prevent the dog from climbing or falling out of the truck bed. ( Ord. No. 5871 , § 2, 2025; Ord. No. 4368, §§ 1, 2, 2016 ; Ord. No. 4082, §§ 1—6, 2013; Ord. No. 3809, §§ 1, 2, 2011; Ord. No. 3600, §§ 1—3, 2008; Ord. 2922 § 1, 2000; Ord. 2578 § 2, 1997: Ord. 1914 § 1, 1990: Ord. 1482 § 2 (part), 1985)