Honolulu, Hawaii

Maui County, Hawaii

Honolulu, Hawaii

Chapter 7

ANIMALS AND FOWL

Articles:

1.    Cockfighting and Related Equipment

2.    Animal Nuisances

3.    Dog License

4.    Regulation of Dogs

5.    Public Spay and Neuter Clinic for Dogs and Cats

6.    Cat Identification Program

7.    Regulation of Dangerous Dogs

Article 1. Cockfighting and Related Equipment

Sections:

    7-1.1    Prohibited.

    7-1.2    Gaffs or slashers prohibited.

    7-1.3    Violation--Penalty.

Sec. 7-1.1    Prohibited.

    It is unlawful for any person to engage or participate in any cockfighting exhibition. (Sec. 13-2.1, R.O. 1978 (1983 Ed.); Am. Ord. 01-58)

Sec. 7-1.2    Gaffs or slashers prohibited.

    It is unlawful for any person to manufacture, buy, sell, barter, exchange or have in such person's possession any of the implements commonly known as gaffs or slashers, or any other sharp instrument designed to be attached in place of or to the natural spur of a gamecock or other fighting fowl. (Sec. 13-2.2, R.O. 1978 (1983 Ed.))

Sec. 7-1.3    Violation--Penalty.

    Any person violating any provision of this article shall be punished by a fine of not less than $250 and not exceeding $1,000 or by imprisonment not exceeding thirty days, or by both. (Sec. 13-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 01-58)

Article 2. Animal Nuisances

Sections:

    7-2.1    Purpose.

    7-2.2    Definitions.

    7-2.3    Animal nuisance--Prohibited.

    7-2.4    General requirements.

    7-2.5    Special requirements.

    7-2.6    Complaint forms for private citizens.

    7-2.7    Summons or citation.

    7-2.8    Failure to obey summons or citation.

    7-2.9    Issuance of complaint.

    7-2.10    Penalties.

    7-2.11    Annual report required.

    7-2.12    Severability.

Sec. 7-2.1    Purpose.

    The purpose of this article is to establish an owner's responsibility for the keeping of animals, farm animals or poultry on a noncommercial basis and in a manner which will not endanger or unreasonably interfere with the public health, welfare, safety, peace or comfortable enjoyment of life and property. (Added by Ord. 90-55)

Sec. 7-2.2    Definitions.

    "Animal control contractor" means the duly incorporated humane society or organization formed for the prevention of cruelty to animals which is contracted by the city to perform animal control services.

    "Animal nuisance," for the purposes of this section, shall include but not be limited to any animal, farm animal or poultry which:

(a)    Makes noise continuously and/or incessantly for a period of 10 minutes or intermittently for one-half hour or more to the disturbance of any person at any time of day or night and regardless of whether the animal, farm animal or poultry is physically situated in or upon private property;

(b)    Barks, whines, howls, crows, cries or makes any other unreasonable noise as described in Section 7-2.4 (c) of this article; or

(c)    Notwithstanding the provisions of HRS Section 142-75 or any other applicable law, bites or stings a person.

    "Animals," unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, honeybees and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of the dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property; excluding aviary game birds and fish as defined in the Hawaii Revised Statutes.

    "Enclosure" means any kennel, coop, cage, hutch, hive or other structure used to care for, breed, house or keep animals, farm animals or poultry.

    "Farm animals" means pigs, cows, goats, sheep, horses, camels and llamas.

    "Owner" means any person owning, harboring or keeping animals, farm animals or poultry, whether licensed or not, or having custody, whether temporary or permanent thereof.

    "Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings.

    "Poultry" means chickens, pigeons, turkeys, geese, ducks and peafowl not regulated by state law.

    "Zoning lot" and "lot area" are as defined in Chapter 21, ROH 1990. (Added by Ord. 90-55; Am. Ord. 00-73, 04-42)

Sec. 7-2.3    Animal nuisance--Prohibited.

    It is unlawful to be the owner of an animal, farm animal or poultry engaged in animal nuisance as defined in Section 7-2.2; provided, however, that it shall not be deemed to be animal nuisance for purposes of this article if, at the time the animal, farm animal or poultry is making any noise, biting or stinging, a person is trespassing or threatening trespass upon private property in or upon which the animal, farm animal or poultry is situated, or for any other legitimate cause which teased or provoked said animal, farm animal or poultry. (Added by Ord. 90-55)

Sec. 7-2.4    General requirements.

(a)    Nothing in this article applies to animals, farm animals or poultry raised, bred or kept as a commercial enterprise or for food purposes where commercial kennels or the keeping of livestock is a permitted use.

(b)    Enclosures for animals, farm animals and poultry shall meet all applicable zoning and building code requirements for structures; shall not be located within any required front, side or rear yard setback; and shall meet all other applicable sanitation requirements.

(c)    Noise is unreasonable within the meaning of this article if considering the nature and the circumstances surrounding the animal nuisance, including the nature of the location and the time of the day or night, it interferes with reasonable individual or group activities such as, but not limited to, communication, work, rest, recreation or sleep; or the failure to heed the admonition of a police officer or a special officer of the animal control contractor that the noise is unreasonable and should be stopped or reduced.

(Added by Ord. 90-55; Am. Ord. 00-73, 02-54)

Sec. 7-2.5    Special requirements.

(a)    Farm animals. Enclosures for farm animals shall not be located within 300 feet of any property line.

(b)    Honeybees. There shall be no more than eight honeybee hives per zoning lot and the keeping of honeybees shall be in accordance with the following:

    (1)    Colonies shall be maintained in movable frame hives, constructed to meet the specifications for "beehives" set by the American Beekeepers Federation;

    (2)    Hives shall be properly shaded from adjacent night lighting on adjoining properties;

    (3)    Hives shall not be located within 25 feet of any property line, public street, sidewalk or alley except:

        (A)    When situated behind a solid fence or hedge at least six feet in height, parallel to the property line, and extending at least 15 feet beyond the hive in both directions, or

        (B)    When located at least eight feet or more above adjacent ground level.

(c)    Dogs. The number, four months of age or older, shall not exceed 10 per household.

(d)    Chickens and peafowl. The number of chickens or peafowl shall not exceed two per household.

(Added by Ord. 90-55; Am. Ord. 04-42)

Sec. 7-2.6    Complaint forms for private citizens.

    The animal control contractor, in consultation with the Honolulu police department, shall develop a complaint form with respect to the keeping of animals, farm animals or poultry. The form may be obtained by private citizens from the animal control contractor or the department of customer services. (Added by Ord. 90-55; Am. Ord. 00-73)

Sec. 7-2.7    Summons or citation.

    Any authorized police officer, or any officer of the animal control contractor who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of this article, may issue a summons or citation to an alleged violator of the provisions of this article. Procedures with respect to the design, form, content, numbering and disposition of copies of said summons or citation shall be in all respects the same as those specified in Section 7-4.6, relating to summonses in connection with stray dogs. Said summons or citation shall instruct such person to report to the violations bureau of the respective district courts of the City and County of Honolulu. Each such person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set out for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. (Added by Ord. 90-55; Am. Ord. 00-73)

Sec. 7-2.8    Failure to obey summons or citation.

    It is unlawful for any person to fail to appear at the place and within the time specified in the summons issued to such person by an officer for any violation of this article, regardless of the disposition of the charge for which such person was originally cited. (Added by Ord. 90-55)

Sec. 7-2.9    Issuance of complaint.

    In the event any person fails to comply with a summons given such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for such person's arrest. (Added by Ord. 90-55)

Sec. 7-2.10    Penalties.

(a)    Any owner who keeps or permits an enclosure or animal, farm animal, or poultry to remain on the owner's premises in violation of this article shall be deemed to commit an offense under this article. Notwithstanding the foregoing, an enforcing officer may, in the officer's discretion, issue a warning letter to the owner of a dog that is believed by the officer to be an animal nuisance under Section 7-2.2(a) or (b) in lieu of citing the owner for a first offense under those provisions. As used in this subsection, Afirst offense@ means an offense that does not occur within two years of the occurrence of a previous offense involving the same provision.

(b)    An owner convicted of an offense shall be sentenced as follows:

    (1)    A fine of $50 if the offense did not occur within two years of the occurrence of a previous offense involving the same provision;

    (2)    A fine of $100 if the offense occurred within two years of the occurrence of one previous offense involving the same provision; or

    (3)    A fine of not less than $500 nor more than $1,000, imprisonment not exceeding 30 days, or both, if the offense occurred within two years of the occurrence of two or more previous offenses involving the same provision. In lieu of a term of imprisonment, the court may order the defendant to serve a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in HRS Chapter 706, Part II.

    The fines provided for in this section shall be imposed without the possibility of suspension.

    As part of the sentence for any offense, the court also may order the owner to attend a training program conducted or designated by the animal control contractor or train an animal, farm animal, or poultry in a manner recommended by the contractor to stop the animal nuisance which caused the offense. The cost of attending any training program conducted or designated by the animal control contractor shall be paid for by the owner.

(c)    For the purpose of this section:

    (1)    "Provision" means a prohibition or requirement under a section or subsection listed in the following: Section 7-2.3, Section 7-2.4(b), Section 7-2.5(a), Section 7-2.5(b), Section 7-2.5(c), or Section 7-2.5(d);

    (2)    An offense shall be deemed to have occurred on the date of the summons or citation identifying the offense; and

    (3)    A person who commits an offense within two years of the occurrence of a previous offense involving the same provision shall be subject to the escalating penalty of subsection (b)(2) or (3), even if the enclosures or animals involved in the offenses differed.

(Added by Ord. 90-55; Am. Ord. 00-73)

Sec. 7-2.11    Annual report required.

    The animal control contractor shall render a full report of its activities and operations relating to the enforcement of this article to the mayor and the council within one month after the end of each fiscal year. (Added by Ord. 90-55; Am. Ord. 00-73)

Sec. 7-2.12    Severability.

    If any provision of this article is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (Added by Ord. 90-55)

Article 3. Dog License

Sections:

    7-3.1    License fee.

    7-3.2    Disposition of fee.

    7-3.3    Impoundment of unlicensed dogs.

Sec. 7-3.1    License fee.

(a)    The biennial license fee for dogs over four months through seven months of age and for neutered dogs eight months of age and over with veterinary certificate shall be $9.50; $28.00 for unneutered dogs eight months of age or over. Upon receipt of the license fee, the director of finance shall issue a metal tag of such form and design as the director may designate with a serial number and the year for which it is issued inscribed thereon, charging therefor the sum of 50 cents, which tag shall be attached to a collar of the dog for which the license has been issued.

(b)    If the license fee is not paid when due, a penalty of 10 percent thereof shall be added to and become part of the fee.

(c)    The full amount of the fee shall be paid for any fraction of any year for which a license is issued.

(Sec. 13-33.1, R.O. 1978 (1983 Ed.); Am. Ord. 92-69, 95-33)

Sec. 7-3.2    Disposition of fee.

    All moneys received by the director of finance under this article shall be paid into the general fund of the City and County of Honolulu. (Sec. 13-33.2, R.O. 1978 (1983 Ed.))

Sec. 7-3.3    Impoundment of unlicensed dogs.

    Impoundment of unlicensed dogs shall be as provided in HRS Section 143-8. (Sec. 13-33.3, R.O. 1978 (1983 Ed.))

Article 4. Regulation of Dogs

Sections:

    7-4.1    Definitions.

    7-4.2    Strays prohibited.

    7-4.3    Impounding.

    7-4.4    Applicability.

    7-4.5    Enforcement.

    7-4.6    Summons.

    7-4.7    Failure to obey summons.

    7-4.8    Issuance of complaint.

    7-4.9    Violation--Penalty.

    7-4.10    Disposition of fines and forfeitures.

    7-4.11    Severability.

Sec. 7-4.1    Definitions.

    As used in this article, unless the context otherwise indicates:

    "Animal control contractor" means the duly incorporated humane society or organization formed for the prevention of cruelty to animals which is contracted by the city to perform animal control services.

    "Off-leash park" means a public park designated by the director of parks and recreation where dogs, and no other animal, shall be allowed to be off-leash.

    "Owner" means and includes every person owning, harboring or keeping a dog or having custody thereof.

    "Stray" or "stray dog" means any dog: (1) on the premises of a person other than the owner of the dog, without the consent of an occupant of such premises; or (2) 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.

(Sec. 13-23.1, R.O. 1978 (1983 Ed.); Am. Ord. 00-68, 01-43)

Sec. 7-4.2    Strays prohibited.

    It shall be unlawful for the owner of any dog, whether such dog is licensed or not, to permit such dog to become a stray. (Sec. 13-23.2, R.O. 1978 (1983 Ed.); Am. Ord. 00-68)

Sec. 7-4.3    Impounding.

    Any dog, while being a stray, shall be seized and impounded by the animal control contractor or any other officer authorized by law and shall be disposed of in accordance with the provisions of HRS Chapter 143. A special officer of the animal control contractor shall be authorized to enforce this article if deputized by the chief of police to do so. (Sec. 13-23.3, R.O. 1978 (1983 Ed.); Am. Ord. 00-68)

Sec. 7-4.4    Applicability.

    The provisions of this article shall not apply to:

(a)    Licensed guide, signal, or service dogs trained to assist disabled persons when such dogs are actually being used by disabled persons for the purpose of aiding them; or

(b)    Licensed dogs trained and used by the police department of the City and County of Honolulu or other law enforcement agencies in law enforcement work while such dogs are engaged in the performance of such work; or

(c)    Licensed hunting dogs when accompanied by their owner on public or private hunting and/or shooting grounds; or

(d)    Licensed obedience trial, tracking and show dogs accompanied by their owner and being trained or in competition in public parks or school grounds, provided permission is first obtained from the proper park or school authorities for such use; or

(e)    Licensed dogs when accompanied by persons eighteen years of age or older having custody and control of the dogs and located in a public park or in an area in a public park designated by a sign that the public park or area has been designated by the director of parks and recreation for use by dogs and persons having custody and control of the dogs pursuant to the provisions of Section 10-1.7.

(Sec. 13-23.4, R.O. 1978 (1983 Ed.); Am. Ord. 01-43)

Sec. 7-4.5    Enforcement.

    For any violation of any of the provisions of this article or of the provisions of HRS Chapter 143, it shall be the duty of any police officer and any other officer authorized to seize and impound any dog running at large within the meaning of this article to issue a summons to the owner or other person charged with the responsibility of complying with the provisions of this article or with the provisions of HRS Chapter 143. Said summons shall instruct such owner or person to report at the violations bureau of the respective district courts of the City and County of Honolulu. Each such owner or person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set for such person to appear before the district court. Upon failure to appear upon such date said bail bond shall be deemed forfeited. (Sec. 13-23.5, R.O. 1978 (1983 Ed.))

Sec. 7-4.6    Summons.

(a)    There shall be provided for use by officers authorized to enforce laws relating to the regulation and control of dogs, a form of summons for use in citing violators of the provisions of this article or the provisions of HRS

    Chapter 143. Said summons shall be printed in a form commensurate with the form of other summonses used in modern methods of arrest, so designed to include all necessary information to make the same valid and legal within the laws and regulations of the State of Hawaii and the City and County of Honolulu. The form and content of such summons shall be as adopted or prescribed by the administrative judge of the district courts.

(b)    In every case when a summons is issued, the original of the same shall be given to the violator; provided, that the administrative judge of the district courts may prescribe the giving to the violator of a carbon copy of the summons, and provide for the disposition of the original and any other copies.

(c)    Every summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original.

(Sec. 13-23.6, R.O. 1978 (1983 Ed.))

Sec. 7-4.7    Failure to obey summons.

    It is unlawful for any person to fail to appear at the place and within the time specified in the summons issued to such person by an officer for any violation of any section of this article, regardless of the disposition of the charge for which such person was originally cited. (Sec. 13-23.7, R.O. 1978 (1983 Ed.))

Sec. 7-4.8    Issuance of complaint.

    In the event any person fails to comply with a summons given to such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for such person's arrest. (Sec. 13-23.8, R.O. 1978 (1983 Ed.))

Sec. 7-4.9    Violation -- Penalty.

(a)    The owner of a dog which has become a stray or any other person convicted of a violation of this article shall be punished for the offense as follows:

    (1)    A fine of $50 if the offense did not occur within two years of the occurrence of a previous offense under this article;

    (2)    A fine of $100 if the offense occurred within two years of the occurrence of one previous offense under this article; or

    (3)    A fine of not less than $500 nor more than $1,000, imprisonment not exceeding 30 days, or both, if the offense occurred within two years of the occurrence of two or more previous offenses under this article or if the person convicted has a previous conviction under Section 7-7.2 involving the same dog.

(b)    For the purpose of this section:

    (1)    An offense shall be deemed to have occurred on the date of the summons or citation identifying the offense; and

    (2)    A person who commits an offense within two years of the occurrence of a previous offense shall be subject to the escalating fine of subsection (a), even if the dogs involved in the offenses differed.

(Sec. 13-23.9, R.O. 1978 (1983 Ed.); Am. Ord. 00-68, 05-007)

Sec. 7-4.10    Disposition of fines and forfeitures.

    All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of this article shall be paid into the city and county treasury and deposited in the general fund of the city and county. (Sec. 13-23.10, R.O. 1978 (1983 Ed.))

Sec. 7-4.11    Severability.

    If any provision of this article is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (Sec. 13-23.11, R.O. 1978 (1983 Ed.))

Article 5. Public Spay and Neuter Clinic for Dogs and Cats

Sections:

    7-5.1    Authority for clinic and fees.

Sec. 7-5.1    Authority for clinic and fees.

(a)    The City and County of Honolulu is authorized and empowered to establish a clinic, through a fee-for-service

    contract, at which members of the public may have dogs and cats spayed or neutered in a humane manner. Except as

    provided in subsection (b), members of the public shall pay either the following fees or the cost to the city under the

    fee-for-service contract for services performed, whichever is less:

    (1)    For spaying a female dog, $75.00.

    (2)    For spaying a female cat or neutering a male dog, $50.00.

    (3)    For neutering a male cat, $40.00.

(b)    A member of the public who has been issued an EBT card shall pay a fee of $20.00 for the spaying of a female dog or cat or the neutering a male dog or cat. For the purpose of this subsection, an “EBT card” means a card issued by the state department of human services that will allow the holder to access social service benefits in an electronic benefit transfer account.

(Sec. 13-39.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 92-72, 95-34, 03-14)

Article 6. Cat Identification Program

Sections:

    7-6.1    Definitions.

    7-6.2    Identification required.

    7-6.3    Owner--Exception.

    7-6.4    Removal of cat identification.

    7-6.5    Cats released to the animal control contractor.

    7-6.6    Sterilization of cats.

    7-6.7    Enforcement.

    7-6.8    Penalty.

Sec. 7-6.1    Definitions.

    For the purposes of this article:

    “Animal control contractor” means the duly incorporated humane society or organization formed for the prevention of cruelty to animals which is contracted by the city to perform animal control services.

    "At large" means: (1) On the premises of a person other than an owner of the cat, without the consent of an occupant or owner of such premises, or (2) on a public street, on public or private school grounds, or in any other public place, except when under the control of an owner by leash, cord, chain or other similar means of physical restraint that is not more than eight feet in length.

    "Identification" means: (1) a collar or tag worn by a cat which includes the current name, address and telephone number of the owner, or (2) an ear tag issued by the animal control contractor, or (3) a microchip registering the owner with the National Computer Recovery Network or the animal control contractor.

    "Impounded cat" means any cat released to or under the custody of or control of the animal control contractor.

    "Person" includes corporations, estates, associations, partnerships and trusts, and one or more individual human beings.

(Added by Ord. 95-21; Am. Ord. 02-54)

Sec. 7-6.2    Identification required.

    It shall be unlawful for any person to be an owner of a cat over six months of age unless the person maintains an identification worn by the cat. This section shall not apply to cats in quarantine and cats brought into the city exclusively for the purpose of entering them in a cat show or cat exhibition and not allowed to be at large. (Added by Ord. 95-21)

Sec. 7-6.3    Owner--Exception.

    "Owner" means any person owning, harboring or keeping, or providing care or sustenance for a cat, whether registered or not, or having custody of a cat, whether temporarily or permanently. This definition shall not apply to any person who has notified the animal control contractor of the cat at large that the person has taken into possession and:

    (1)    Who is or will be transporting the cat to the animal control contractor; or

    (2)    Who has made arrangements with the animal control contractor to have the cat picked up by the animal control contractor.

(Added by Ord. 95-21; Am. Ord. 02-54)

Sec. 7-6.4    Removal of cat identification.

    It shall be unlawful for any person other than an officer of or a person authorized by the animal control contractor to remove any identification from any cat not owned by the person. (Added by Ord. 95-21; Am. Ord. 02-54)

Sec. 7-6.5    Cats released to the animal control contractor.

(a)    Any person who takes into the person's possession any cat at large shall immediately notify the animal control contractor and shall release the cat to the animal control contractor upon request.

(b)    In the case of any cat released to the animal control contractor wearing an identification, the animal control contractor shall make a reasonable attempt to notify the owner by telephone, and shall send written notice to the owner. The cat shall be held by the animal control contractor for not less than nine days, after which time the animal control contractor may return the cat to the person who had released the cat to the animal control contractor, offer the cat for adoption, or euthanize the cat, if not sooner recovered by the owner. An owner wishing to recover the cat shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held by the animal control contractor.

(c)    In the case of any cat released to the animal control contractor not wearing an identification, the animal control contractor shall hold the cat for not less than 48 hours, after which time the animal control contractor may return the cat to the person who had released the cat to the animal control contractor, offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming ownership. If a person claiming ownership seeks to recover the cat, the person shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held at the animal control contractor.

(d)    Any cat released to the animal control contractor with a "notched ear," indicative of a sterilized feral cat, shall be held at the animal control contractor for not less than nine days, after which time the animal control contractor may return the cat to the person who had released the cat to the animal control contractor, offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person claiming ownership. If a person claiming ownership seeks to recover the cat, the person shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is held at the animal control contractor.

(e)    If a cat released to the animal control contractor is not recovered by the owner, the person who had released the cat to the animal control contractor shall have the right of first refusal for permanent custody and ownership of the cat.

(Added by Ord. 95-21; Am. Ord. 02-54)

Sec. 7-6.6    Sterilization of cats.

    It shall be unlawful for a cat owner to allow a cat over the age of six months to be at large unless the cat has been sterilized by a veterinarian. (Added by Ord. 95-21)

Sec. 7-6.7    Enforcement.

    An impounded cat for which an identification is not maintained by an owner may not be released by the animal control contractor to a person claiming ownership of the cat until the owner complies with the identification requirements of this article. If an impounded cat, with or without identification, has not been sterilized, the person claiming ownership may be cited by an officer of the animal control contractor for a violation of Section 7-6.6. The penalty for violating Section 7-6.6 shall be waived upon proof of sterilization of the cat by a veterinarian furnished to the animal control contractor within 30 days after the date the citation was issued. (Added by Ord. 95-21; Am. Ord. 02-54)

Sec. 7-6.8    Penalty.

    Any person found guilty of violating any of the provisions of this article shall be fined not more than $100.00. (Added by Ord. 95-21)

Article 7. Regulation of Dangerous Dogs

Sections:

    7-7.1    Definitions.

    7-7.2    Prohibited acts —Conditions on owner— Penalties.

    7-7.3    Citation and summons — Seizure — Relinquishment of ownership.

    7-7. 4     Inspection.

    7-7. 5     Exemption.

    7-7. 6     Civil action not precluded.

    7-7. 7     Severability.

Sec. 7-7.1    Definitions.

    Wherever used in this article, unless a different meaning clearly appears from the context:

    “Animal” means any “animal,” “farm animal” or “poultry” as those terms are defined in Section 7-2.2.

    "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 the same as that term is defined in HRS Section 707-700.

    "City animal control service" means the animal control services provider contracted by the city to keep stray or unlicensed dogs.

    "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.

    "Enforcement officer" means any person authorized and designated to enforce the provisions of this article.

    “Negligently” shall have the same meaning as is ascribed to the term in HRS Section 702-206.

    "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 parents, 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 a license was issued pursuant to HRS Section 143-2 shall rebuttably be presumed to be the owner of the dog for purposes of this section.

    "Provocation" means the attack by a dog upon a person or animal was precipitated under the following circumstances:

    (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 or offense while on the property of the owner of the dog;

    (3)    The person attacked was teasing, tormenting, abusing or assaulting the dog or at any time in the past had teased, tormented, abused or assaulted the dog;

    (4)    The dog was attacked or menaced by the animal or the animal was on the property of the owner of the dog;

    (5)    The dog was responding to pain or injury inflicted by the attacked person or animal;

    (6)    The dog was protecting itself, its kennels or its offspring from the attacked person or animal;

    (7)    The person or animal attacked was disturbing the dog’s natural functions, such as sleeping or eating, while the dog was on its owner's property; or

    (8)    The dog was responding to a command or encouragement to attack the person or animal.

    "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an organ.

(Added by Ord. 00-72; Am. Ord. 02-05)

Sec. 7-7.2    Prohibited acts—Conditions on owner—Penalties.

(a)    A dog owner commits the offense of negligent failure to control a dangerous dog, if the owner negligently fails to

take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) the maiming or causing of serious injury to or the destruction of an animal or (2) bodily injury to a person other than the owner. A person convicted under this subsection shall be guilty of a petty misdemeanor for a first offense and a misdemeanor for a subsequent offense and sentenced in accordance with subsections (c), (d), and (e).

(b)    For the purposes of this section, “reasonable measures to prevent the dog from attacking” shall include but not be

limited to: (1) measures required to be taken under Article 4 of this chapter to prevent the dog from becoming a stray; and (2) any 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.

(c)    A dog owner convicted under subsection (a) shall be sentenced to the following without possibility of suspension of

sentence:

(1)    A fine of not less than $500 nor more than $2,000; except that if the offense occurred within five

years of a previous conviction under this section, a fine of not less than $1,000 nor more than

$2,000;

(2)    A period of imprisonment of up to 30 days, or in lieu of imprisonment, a period of probation of

not more than six months in accordance with the procedures, terms and conditions provided in HRS Chapter 706, Part II; except that if the offense occurred within five years of a previous conviction under this section, a period of imprisonment of up to six months, or in lieu of imprisonment, a period of probation of not more than one year;

(3)    Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog where the individual suffers financial losses or medical expenses due to the attack. For the purposes of this subsection, medical expenses may include the costs of necessary counseling or rehabilitative services; and

    (4)        Payment of all expenses for the boarding and retention of the dog if seized and impounded

            pursuant to Section 7-7.3(a).

(d)    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 (c):

(1)    The owner shall provide the owner’s name, address and telephone number to the city animal control service;

(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 appropriate animal control service 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 HRS Section 143-2, if the dog is not

    currently licensed;

(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 city animal control service; and

(6)    When outside the owner’s premises, the dog shall be attended and kept on a leash no longer than four feet in length and under the control of a person 18 years of age or older.

(e)    In addition to the provisions of subsections (c) and (d), 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 18 years of age or older;

    (2)    When outdoors on the owner’s premises and unattended, the dog be kept within a locked fenced or walled area from which it cannot escape;

    (3)    When outdoors on the owner’s premises and unattended, the dog be confined to an escape-proof kennel;

    (4)    When outdoors on the owner’s premises, the dog be attended and kept within a fenced or walled area from which it cannot escape;

    (5)    When outdoors on the owner’s premises, the dog be attended and kept on a leash no longer than six feet in length;

    (6)    When outdoors on the owner’s premises, the dog be kept under the control of a person 18 years of age or older;

    (7)    When outdoors outside the owner’s premises, 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;

    (8)    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;

    (9)    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;

    (10)    The dog be neutered or spayed at the owner’s expense, unless the neutering or spaying of the dog is medically contraindicated;

    (11)    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;

    (12)    The dog be humanely destroyed; or

    (13)    Any other condition the court deems necessary to restrain or control the dog.

    For the purposes 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 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.

(f)    Upon full investigation and finding of probable cause, an enforcement officer shall either arrest or issue a summons and citation to the owner for violation of subsection (a).

(Added by Ord. 02-05; Am. Ord. 05-007)

Sec. 7-7.3    Citation and summons — Seizure — Relinquishment of ownership.

(a)    Upon full investigation and finding of probable cause to believe that there has been a violation of Section 7-7.2(a), an enforcement officer shall either arrest of issue a summons and citation to the owner pursuant to Section 7-7.2, and may, in addition, have the dog seized and impounded if the dog is posing an imminent threat to human beings or to other animals. At the owner’s request, such impoundment may be at the premises of a licensed veterinarian or at a commercial kennel of the owner’s choosing. All expenses of the boarding and retention of the dog shall be borne by the owner.

    The owner is prohibited from selling or transferring the ownership or physical custody of the dog prior to the time stated in the summons, and the citation shall notify the owner of this prohibition. This prohibition shall not apply when an owner transfers ownership of the dog to the city animal control service.

    If a dog is seized and impounded pursuant to this section, the citation shall notify the owner that if he or she does not appear at the time and place stated in the summons, the dog shall be subject to relinquishment pursuant to subsection (b).

    Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor and fined not less than $50 nor more than $1,000, imprisoned not more than 30 days, or both.

(b)    In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog as it deems appropriate.

(c)    Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (b) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any fees and penalties which may be imposed by the court.

(Added by Ord. 00-72; Am. Ord. 02-05, 05-007)

Sec. 7-7. 4     Inspection.

    Upon presentation of proper credentials, any enforcement officer may enter at reasonable times any building, structure or premises in the City and County of Honolulu for the purpose of determining and enforcing compliance with the provisions of this article or of any court order issued under this article; provided that such entry shall be made in such manner as to cause the least possible inconvenience to the person in possession; and provided further, that an order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted. (Added by Ord. 00-72; Ren. by Ord. 02-05)

Sec. 7-7. 5     Exemption.

    The provisions of this article shall not apply to dogs owned by any law enforcement agency and used in the performance of law enforcement work. (Added by Ord. 00-72; Ren. by Ord. 02-05)

Sec. 7-7. 6     Civil action not precluded.

    Nothing contained in this article shall preclude any person injured by a dog from bringing a civil action against the owner of such dog pursuant to the applicable provisions of state law. (Added by Ord. 00-72; Ren. by Ord. 02-05)

Sec. 7-7. 7     Severability.

    If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provisions or applications, and to this end the provisions of this article are severable. (Added by Ord. 00-72; Ren. by Ord. 02-05)

Maui County, Hawaii

Maui County Code

Main Table of Contents

Title 6. Animals

Chapter 6.01 PROHIBITING THE EXHIBITION OF CAPTIVE CETACEANS

Chapter 6.04 ANIMAL CONTROL

Chapter 6.05 GUIDE, SIGNAL/HEARING AND SERVICE DOGS

Chapter 6.08 ANIMALS AT LARGE

Chapter 6.16 IMPOUNDMENT OF ANIMALS

Chapter 6.20 COLLECTION SERVICE

Title 6. Animals

Chapter 6.01 PROHIBITING THE EXHIBITION OF CAPTIVE CETACEANS

6.01.010 Definitions.

6.01.020 Prohibition.

6.01.030 Violation--Penalty.

6.01.010 Definitions.

For purposes of this chapter, the following words and terms are defined:

"Captive" means confined, restrained, or kept under control.

"Cetaceans" includes dolphins, porpoises, and whales.

"Exhibit" means to put on public display, whether or not admission is charged. (Ord. 3109 § 2 (part), 2002)

6.01.020 Prohibition.

It is unlawful to exhibit captive cetaceans. (Ord. 3109 § 2 (part), 2002)

6.01.030 Violation--Penalty.

Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year or both. (Ord. 3109 § 2 (part), 2002)

Chapter 6.04 ANIMAL CONTROL

6.04.010 Definitions.

6.04.020 Licensing.

6.04.030 Issuance and revocation of permits and licenses.

6.04.040 Animal regulations--general.

6.04.045 Dog regulations--dangerous dogs.

6.04.050 Impoundment.

6.04.060 Redemption.

6.04.070 Adoption.

6.04.080 Interference.

6.04.090 Animal control officers.

6.04.095 Animal control board.

6.04.100 Rules.

6.04.110 Penalties.

6.04.010 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, or mammal other than a human being.

“Animal control officer” means the person or persons designated by the mayor or his authorized representative to enforce this chapter.

“Animal shelter” means the facility or facilities designated by the County for the purpose of impounding and caring for animals.

“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 animal control board created pursuant to section 6.04.095.

“Bodily injury” means the same as that term is defined in section 707-700, Hawaii Revised Statutes.

“Dangerous dog” means any dog which attacks a person while on or off the owner's property, or a domestic animal while off the owner's property causing bodily injury to the person or serious injury or death to a domestic animal, or behaves in a manner that a reasonable person would believe poses an imminent threat of bodily injury to one or more persons or serious injury or death to domestic animals. A dog's breed shall not be considered in determining whether or not it is dangerous. Mere growling or barking or a combination of both shall not constitute grounds upon which to find a dog to be dangerous.

“Enforcement officer” means any law enforcement officer, any employee of the County authorized to enforce this chapter, and any employee of the humane society authorized to enforce this chapter.

“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,” “service dog,” and “signal dog” shall have the same meaning as defined in Hawaii Revised Statutes section 515-3.

“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 or sun and with adequate bedding to protect from wet and dampness;

4. Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease;

5. 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;

6. 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 the humane society 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 the humane society or public pound.

“Licensing authority” means the department of finance.

“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.

“Person” means any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

“Under restraint” means kept on real property that is fully enclosed, with the express consent of the property owner; or kept within a kennel or other enclosure with secure sides, top, and bottom; or kept secured by a leash on real property with the express consent of the owner; 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. 2922 § 1, 2000; Ord. 2578 § 2, 1997: Ord. 1914 § 1, 1990: Ord. 1482 § 2 (part), 1985)

6.04.020 Licensing.

A. No person shall own, keep, or harbor any dog over four months of age within the County unless such dog is licensed. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government operated or licensed animal shelter.

B. Application for a license must be made within thirty days after obtaining a dog over four months of age, except that this requirement will not apply to a nonresident keeping a dog within the County for no longer than sixty days.

Application for a dog license shall be made to the licensing authority. Applicants shall present picture identification and provide the licensing authority with the name, breed, color, age and sex of the dog. If any dog is certified as a guide, signal, or service dog, such certification shall be indicated. Applicants also shall present a veterinarian's certificate certifying that the dog has been neutered and pay the prescribed licensing fee.

C. The licensing period shall be for two years. License renewal may be applied for within sixty days prior to the expiration date in accordance with section 143-3 of the Hawaii Revised Statutes, as amended. New residents must apply for a license within thirty days of establishing residence.

D. A license shall be issued after payment of a fee as provided for in the annual budget ordinance of the County for each unneutered dog and for each neutered dog. Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a delinquent fee as provided for in the annual budget ordinance of the County.

E. License fees may be waived by the licensing authority for government-owned dogs used for law enforcement. All other licensing provisions shall apply.

F. Upon acceptance of the license application and fee, the licensing authority shall issue a durable license tag including an identifying number, year of issuance, city, county and state. The fee for the tag shall be as provided for in the annual budget ordinance of the County. The license tag must be attached to the collar of the dog and worn at all times, except when the dog is actively engaged in hunting. The license tag is not transferable. The licensing authority shall maintain a record of all licenses issued, and such records shall be available to the public. (Ord. 2578 § 3, 1997: Ord. 1503 § 1, 1985; Ord. 1482 § 2 (part), 1985)

6.04.030 Issuance and revocation of permits and licenses.

A. The officer may revoke any license if the person holding the license refuses or fails to comply with this chapter, the regulations promulgated by the officer or any other law governing the protection and keeping of animals.

B. If an applicant is shown to have withheld or falsified any material information on the application, the licensing authority may refuse to issue or may revoke a permit or license. (Ord. 1482 § 2 (part), 1985)

6.04.040 Animal regulations--general.

A. An owner of a dog shall keep the dog under restraint, except the following:

1. A dog being used by law enforcement agencies for law enforcement purposes;

2. A dog used during hunting; accompanied by its owner, and used with the consent of the owner of the real property upon which the hunting occurs; and

3. A dog used during organized competitions, or during training for such competitions, accompanied by its owner, and used with the consent of the owner of the real property upon which the dog is used.

B. An owner of an animal shall treat the animal in a humane manner.

C. An owner of a dog shall not allow the dog to cause a nuisance. The owner shall be held responsible for every behavior of such dog under the provisions of this chapter.

D. No person shall abandon an animal.

E. An owner of a dog shall not intentionally, knowingly, recklessly, or negligently permit the dog to:

1. Attack a person or domestic animal; or

2. Behave in a manner that a reasonable person would believe poses an imminent threat of bodily injury to a person or serious injury or death to a domestic animal. The terms “negligently”, “intentionally”, “knowingly”, and “recklessly” shall have the same meaning as are ascribed to the terms in section 702-206, Hawaii Revised Statutes.

F. No person shall own, harbor, train, or use any dog for the purpose of dog fighting. (Ord. 2922 § 3, 2000: Ord. 2578 § 4, 1997: Ord. 1914 § 2, 1990: Ord. 1482 § 2 (part), 1985)

6.04.045 Dog regulations--dangerous dogs.

When a dog is deemed dangerous, the owner shall comply with the following conditions of ownership:

A. Immediately and at all times, an owner of a dangerous dog shall inform the humane society of the address of the property where the dog is kept and any change of address and shall restrict the movement of the dog as follows:

1. The dog shall be confined to the owner’s home within a structure not open to the public, where the dog cannot exit the structure on its own volition; provided that screen door or window screens shall not be deemed to prevent the dog from exiting the structure; or

2. When outdoors, the dog shall be confined within a locked fenced area consisting of a fully enclosed structure with secure sides, top, and bottom from which it cannot escape; or

3. When outdoors the dog shall be attended and kept on a leash of not more than three feet in length with a minimum tensile strength of three hundred pounds held by or attached to a responsible person eighteen years of age or older and, in addition, the dog shall be muzzled with a muzzling device which prevents the dog from biting, and does not injure the dog, and does not interfere with its vision or breathing.

B. Within ten days, the owner of a dangerous dog shall post a sign or signs indicating "beware of dangerous dog" in a prominent and clearly visible place at the access to the real property where the dog is kept, and on the building or structure in which the dog is confined. In addition to these locations, the board may order additional signs to be placed at additional locations as deemed necessary, advising the public of the presence and dangerous nature of the dog.

C. Within ten days, the owner of a dangerous dog shall procure liability insurance in an amount not less than $50,000 to cover the medical and/or veterinary cost resulting from potential future actions of the dog. The insurance policy shall provide that the policy shall not be canceled unless thirty days’ written notice is first given to the board and the humane society. Proof of said insurance shall be provided to the board and to the humane society. The owner of a dangerous dog shall produce evidence of the insurance policy upon request of any enforcement or police officer.

D. The owner of a dangerous dog shall:

1. Notify the humane society within twenty-four hours after the owner knows or reasonably should know that the movement of the dog was not restricted as required by this section, or that the dog attacked a human being or domestic animal.

2. Upon the death of a dangerous dog, notify the humane society immediately and make the body available for identification.

3. Advise the humane society before selling or giving the dangerous dog away. The new owner will be given a dangerous dog notice and shall be subject to all applicable laws. It is a violation of this law for any person to transfer ownership of a dangerous dog from such person to another person without compliance with this procedure.

4. Advise the humane society of any claims or lawsuits resulting from further instances of attack by the dangerous dog.

5. Within thirty days, permanently identify the dangerous dog by injecting into the dog an identification microchip using standard veterinary procedures and practices, which microchip shall include an identification number for the dog and the identification of the person performing the procedure to be registered with the humane society.

6. Accompanied by the dog, attend, and complete within six months training sessions conducted by an animal behaviorist, a licensed veterinarian or other recognized expert in the field. The owner shall be responsible for all costs associated with the evaluation and training ordered.

7. Within thirty days, neuter or spay the dog at the owner’s expense, unless medically contraindicated.

E. If an enforcement officer has probable cause to believe that a dog is dangerous, the officer may give the owner of the dog a written notice that the dog is a dangerous dog, and is subject to the conditions of ownership as a dangerous dog. The notice shall state that the owner may, within ten days, submit to the board a written request for a hearing to dispute the designation of the dog as a dangerous dog. After receiving the request for a hearing, the board shall hold a hearing and, after the hearing, shall notify the owner in writing of its decision. A decision of the board that a dog is not a dangerous dog, shall not preclude a subsequent designation of the dog as a dangerous dog for other cause.

F. If an enforcement officer has probable cause to believe that a dog has attacked a person or domestic animal, or that the dog has behaved in a manner that a reasonable person would believe poses an imminent threat of bodily injury to a person or of serious injury or death to a domestic animal, the officer may immediately have the dog seized and impounded, and issue a notice to the owner to report to the board. At the owner’s request, such impoundment may be at the premises of a licensed veterinarian or at a commercial kennel of the owner’s choice. All expenses of the boarding and retention of the dog shall be borne by the owner.

G. In the event the owner fails to appear before the board at the time and place cited in the notice, the ownership of the dog shall be deemed forfeited and the board may thereafter order disposition of the dog as it deems appropriate. Notwithstanding any forfeiture of ownership or voluntary relinquishment of ownership of the dog, the owner shall remain responsible for all expenses of boarding the dog and any fees which may be imposed by the board.

H. The regulations in this section shall be in addition to other regulations under this chapter.

I. Any enforcement officer is empowered to make such inquiries as are deemed necessary to ensure compliance with this section, and may enter upon private property for purposes of inspecting the premises for compliance with this section.

J. All dogs designated as "vicious" dogs by the humane society prior to the enactment of ordinance 2922, shall be re-designated as "dangerous dogs" as defined by section 6.04.010, and shall be subject to this section. (Ord. 3094 § 1, 2002: Ord. 2922 § 4, 2000: Ord. 2578 § 5, 1997: Ord. 1914 § 3, 1990)

6.04.050 Impoundment.

A. Any dog found running at large, and any dangerous dog which is not restricted in movement as required by this chapter, shall be seized and impounded by the enforcement officer in an animal shelter and confined in a humane manner. The enforcement officer may slay any previously adjudicated dangerous dog which cannot be safely tranquilized and seized. Immediately upon impounding a dog, the enforcement officer shall notify the owner and inform such owner of the conditions whereby custody of the animal may be regained.

Licensed dogs not claimed by their owners within a period of nine days, or unclaimed, unlicensed dogs after two days in which the shelter is open to the public shall become the property of the County.

B. If an unclaimed animal is sold to a new owner, the original owner may reclaim the animal within thirty days from the date of sale upon payment of the purchase price paid by the purchaser, impoundment fees and any related costs as determined by the humane society.

C. A court of competent jurisdiction may order that a dangerous dog be seized, impounded, and euthanized if the owner of the dog fails to comply with this chapter and if, in the court’s judgment, the dog presents a continuing threat of serious harm to human beings or animals.

D. In the event that an enforcement officer finds animals to be suffering, he shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner’s expense or to euthanize them when necessary to prevent further suffering. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.

E. Disposal of an animal by any method specified in this chapter does not relieve the owner of liability for violations and any accrued charges. (Ord. 3094 § 2, 2002; Ord. 2922 § 5, 2000; Ord. 2578 § 6, 1997: Ord. 1914 § 4, 1990: Ord. 1503 § 2, 1985; Ord. 1482 § 2 (part), 1985)

6.04.060 Redemption.

A. Any animal impounded may be redeemed by the owner thereof upon payment of an impoundment fee as established in the annual budget ordinance of the county, subject to the requirements of this chapter. Where a dog is impounded after having been found running at large, the owner may be relieved of the impoundment fee if the Humane Society finds that such owner was not at fault for allowing the dog to run at large.

B. Any animal confined for quarantine purposes, evidence, or other purpose may be redeemed by the owner thereof upon payment of a fee as established in the annual budget ordinance of the county.

C. No animal required to be licensed under this ordinance may be redeemed until provisions for such licensing have been fulfilled. (Ord. 1914 § 5, 1990: Ord. 1482 § 2 (part), 1985)

6.04.070 Adoption.

An adoption fee as established in the annual budget ordinance of the County shall be assessed at the time of adoption. No dog or cat shall be released for adoption as a pet without being neutered or without a written agreement from the adopter guaranteeing that the dog or cat will be neutered. The humane society shall reclaim a dog or cat when the agreement has been violated by failure to neuter the animal. Licensing fees and veterinary costs may be assessed above and beyond the adoption fee. (Ord. 2578 § 7, 1997: Ord. 1482 § 2 (part), 1985)

6.04.080 Interference.

No person shall interfere with, hinder, or molest any officer in the performance of any duty as provided in this chapter. Any person violating this section is guilty of a misdemeanor and shall be subject to a fine of not more than $1,000. (Ord. 1482 § 2 (part), 1985)

6.04.090 Animal control officers.

Pursuant to section 143-7 of the Hawaii Revised Statutes, the council authorizes the mayor of the county or his authorized representative to establish, designate as volunteers, and hire animal control officers, subject to the limitations contained in the annual budget ordinance. All animal control officers shall have the powers of a sheriff or police officer in carrying out this chapter, chapter 6.08 of this code, and chapter 143 of the Hawaii Revised Statutes. (Ord. 1914 § 7, 1990: Ord. 1482 § 2 (part), 1985)

6.04.095 Animal control board.

A. Establishment. There shall be and is created an animal control board consisting of five members who shall be appointed by the mayor with the approval of the county council.

The membership of the board shall consist of the following:

1. One member who is a registered and licensed veterinarian in the State of Hawaii; and

2. Four members of the general public.

B. Terms and operations. The members of the board shall serve for staggered terms of three years beginning on April 1 and ending on March 31 three years thereafter. The board shall select a chairperson and vice chairperson annually.

Any vacancy occurring due to the expiration of a member’s term shall be filled in accordance with section 13-2.17 of the Maui County Charter.

C. Powers, duties, and responsibilities.

1. The jurisdiction of the board shall be:

a. To hear and determine appeals from decisions concerning dangerous dogs as set forth in sections 6.04.045 and 6.04.050, and from any order issued by an enforcement or animal control officer relating thereto.

b. To conduct hearings on notices issued pursuant to subsections 6.04.045, F and G, and thereafter, determine the status and disposition of the dog.

2. The board may reconsider, reverse, affirm, or modify, wholly or partly, any decision appealed from. Exceptions or modifications from the strict application of the provisions of sections 6.04.045 and 6.04.050 may be granted only if the board finds:

a. That the strict application, operation, or enforcement of the provision being appealed from would result in practical difficulty or unnecessary hardship to the appellant; and

b. That an exception, reversal, or modification will not jeopardize life, limb, or property.

D. Compensation. Members of the board shall not be compensated, but the members shall be reimbursed for expenses incurred in accordance with established County procedures.

E. Procedure. The proceedings of the board shall be subject to the provisions of chapter 91, Hawaii Revised Statutes, as amended. The board shall adopt rules for conducting its meetings, hearings, and investigations in conformity therewith and impose reasonable fees to cover the costs of its proceedings.

F. Fee. Any appeal to the board shall be accompanied by a fee as set forth in the annual budget. (Ord. 3177 § 1, 2004; Ord. 2922 § 7, 2000)

6.04.100 Rules.

The mayor or his authorized representative is authorized to promulgate rules to implement the intent of this chapter. (Ord. 1914 § 8, 1990: Ord. 1482 § 2 (part), 1985)

6.04.110 Penalties.

A. Any person convicted of a violation of any section or provision of this chapter, except the provisions relating to excessive barking dogs and dangerous dogs, shall be fined not more than $500. The minimum fine shall be as follows: for a first violation, a fine of not less than $50; for a second violation within five years after a prior violation under this section, a fine of not less than $100; and, for a third violation within five years after two prior violations under this section, a fine of not less than $200.

B. Any person convicted of a violation of any section or provision of this chapter relating to excessive barking dogs shall be fined not more than $500. The minimum fine shall be as follows: for a first violation, a fine of not less than $100; for a second violation within five years after a prior violation under this section, a fine of not less than $200; and, for a third violation within five years after two prior violations under this section, a fine of not less than $500.

C. Any person convicted of a violation of any section or provision of this chapter relating to dangerous dogs shall be fined not more than $1,000 and imprisoned not more than thirty days. The minimum sentence shall be as follows: for a first violation, a fine of not less than $200; for a second violation within five years after a prior violation under this section, a fine of not less than $500; and, for a third violation within five years after two prior violations under this section, a fine of not less than $1,000. In addition, a court may require restitution for damages caused by a dangerous dog; provided, that this section shall not preclude a person damaged by a dangerous dog from pursuing a civil remedy.

D. The portion of the fine equal to the minimum fine shall not be suspended.

E. A successive violation of the same owner involving different dogs shall be considered a subsequent and not a first violation.

F. For purposes of this Section 6.04.110, a violation is defined to include the payment of a fine directly to the district court or the finding of guilt by a court after a contested hearing. (Ord. 3094 § 3, 2002; Ord. 2922 § 8, 2000; Ord. 2785 § 1, 1999: Ord. 2578 § 8, 1997: Ord. 1914 § 9, 1990)

Chapter 6.05 GUIDE, SIGNAL/HEARING AND SERVICE DOGS

6.05.010 Definitions.

6.05.020 Licensing.

6.05.030 Regulations.

6.05.010 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 dog.

“Assistance dog” means any dog which has been certified as a guide dog, signal/hearing or service dog.

“Guide dog” means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person.

“Licensing authority” means the department of finance, or its agents.

“Service dog” means any dog individually trained and certified by a nationally or internationally recognized service dog organization to assist a person with a disability in performing essential activities of daily living.

“Signal/hearing dog” means any dog individually trained and certified by a nationally or internationally recognized signal/hearing dog organization to alert a deaf person to intruders or sounds. (Ord. 2425 § 1 (part), 1995)

6.05.020 Licensing.

A. Written application for a dog license shall be made to the licensing authority and shall include the name, breed, color, age, and sex of the dog. If any dog is certified as a guide, signal/hearing or service dog, such certification shall be indicated on the written application.

B. License fees shall be charged for guide, signal/hearing and service dogs. (Ord. 2425 § 1 (part), 1995)

6.05.030 Regulations.

A. Every individual who is blind, deaf, or visually or physically disabled shall have the right to be accompanied by a guide, signal/hearing or service dog, in any of the places listed in section 6.05.030B without being required to pay an extra charge for the guide, signal/hearing or service dog; provided that the blind, deaf, visually, or physically disabled person shall be liable for any damage done to the premises or the facility by such dog.

B. Every individual who is blind, visually handicapped and otherwise physically disabled shall be entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable to all persons. (Ord. 2425 § 1 (part), 1995)

Chapter 6.08 ANIMALS AT LARGE

6.08.010 Definitions.

6.08.020 Confinement by fences.

6.08.030 Animals not permitted at large.

6.08.040 Violation--Prima facie evidence.

6.08.050 Violation--Penalty.

6.08.060 Enforcement.

6.08.010 Definitions.

For the purpose of this chapter, the following words and terms are defined:

A. “Animals” means cattle, horses, mules, asses, swine, sheep and goats.

B. “At large” means off the premises of the owner or custodian of the animal and not under the immediate control of the owner or custodian.

C. “Lawful fence” means a fence as defined in section 142-61 of the Hawaii Revised Statutes. (Prior code § 22-17.1)

6.08.020 Confinement by fences.

All animals shall be confined within lawful fences and with gates properly secured, except in areas where the law does not require lawful fences. (Prior code § 22-17.3)

6.08.030 Animals not permitted at large.

No person owning or having in his custody animals shall permit the same to go at large, knowingly or negligently, to the injury or annoyance of others, nor shall such animals be permitted at large upon the streets or other public ways of the county. Such action is declared to be a nuisance and dangerous to the public health and safety. (Prior code § 22-17.2)

6.08.040 Violation--Prima facie evidence.

In the event any person owning or having in his custody animals shall permit the same to go at large, and in the event the premises of such owner or custodian lacks a lawful fence, or a lawful fence in good repair, it shall be prima facie evidence that such owner or custodian knowingly or negligently permitted such animals to go at large. (Prior code § 22-17.4)

6.08.050 Violation--Penalty.

Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $500. (Prior code § 22-17.5)

6.08.060 Enforcement.

The animal control officers as defined in chapter 6.04 are designated to enforce this chapter. (Ord. 1482 § 3, 1985)

Chapter 6.16 IMPOUNDMENT OF ANIMALS

6.16.010 Definitions.

6.16.020 Stray animals prohibited.

6.16.030 Poundkeeper--Appointment--Compensation.

6.16.040 Inspection of pounds.

6.16.050 Poundkeeper--Powers and duties.

6.16.060 Poundkeeper--Other duties.

6.16.070 Poundkeeper--Report to council.

6.16.080 Redemption of impounded animals.

6.16.090 Disposition of unclaimed animals.

6.16.100 Violation--Penalty.

6.16.010 Definitions.

“Animals,” as used in this chapter, means only cattle, horses, mules, asses, swine, sheep and goats. (Prior code § 22-16.1 (part))

6.16.020 Stray animals prohibited.

No person owning, controlling, or having the possession of any animal shall wilfully or negligently permit the same to stray upon, or to remain unaccompanied by a person in charge or control thereof, upon any public street or highway or any other public place in the county. (Prior code § 22-16.1 (part))

6.16.030 Poundkeeper--Appointment--Compensation.

A. The council of the county may from time to time appoint, and remove, in accordance with law such number of poundkeepers as it shall consider to be necessary for the impounding of all stray animals found upon the public streets or highways or other public places in the county. Such appointment shall be in writing and, except as otherwise prohibited in this chapter, shall vest each poundkeeper with all of the powers conferred upon him by law and by this chapter.

B. Each poundkeeper shall upon his appointment establish and maintain suitable shelters and furnish the necessary facilities for properly keeping such animals, and such shelters and facilities and the premises used by the poundkeeper to impound such animals shall be and constitute a public pound.

C. Each poundkeeper shall be paid for his services and receive as his compensation only such fees as provided in this chapter, and the county and its officers and employees shall not be liable to such poundkeepers for their services or for the use of their property or for the expenses incurred by them in the performance of their duties under the provisions of this chapter except as expressly authorized by the council of the county. (Prior code § 22-16.2)

6.16.040 Inspection of pounds.

The director of public works shall inspect at least semi-annually all public pounds established under the provisions of this chapter. Any public pound found by him to be inadequately maintained for proper keeping of stray animals to be impounded therein shall be immediately repaired or otherwise improved to the extent required by the director of public works. Failure or refusal by any poundkeeper to repair or improve his pound in the manner required by the director of public works shall be grounds for the removal of such poundkeeper. (Prior code § 22-16.6)

6.16.050 Poundkeeper--Powers and duties.

It shall be, the duty of each poundkeeper to receive and impound any and all stray animals found by any person upon the public streets or highways or other public places in the county, and each poundkeeper shall be responsible to take and drive or transport such stray animals from the place where they shall be found to the public pound, and to keep the same until reclaimed by the owner or other person entitled thereof, or disposed of in accordance with the provisions of this chapter, or as provided by law. Each poundkeeper shall, upon the impounding of any such animals, record in a book to be kept for such purpose a detailed description of each of such animals, the date and time when the same was taken up and impounded, and the name and address of the person, if any, who shall have delivered such animal or animals to be impounded. The poundkeeper shall, as soon after the impounding of any such animals as may be practicable, give notice of such fact to the owner of or any other person entitled to such animals, if such owner or person in known to the poundkeeper. If the ownership of such animals is unknown to the poundkeeper, then, unless otherwise provided by law, the poundkeeper shall within twenty-four hours after such animals have been impounded post in at least two conspicuous places within the judicial district where the straps were found, a written notice describing therein in sufficient detail the animals being impounded, and informing the owner or owners or any other person entitled thereto that unless such animals are reclaimed from the poundkeeper within a certain date and time to be specified therein, such animals will be sold at public auction. If the ownership of the animal is unknown to the poundkeeper, such animal shall not be sold at public auction until such written notice shall have been posted for at least five days. (Prior code § 22-16.3)

6.16.060 Poundkeeper--Other duties.

Each poundkeeper shall perform all other duties imposed upon him by law, and shall receive for impounding in the manner provided by law any 60 animals found trespassing upon any land. Each poundkeeper shall collect all authorized charges against the owners of such animals; provided, that no poundkeeper appointed pursuant to this chapter shall be required to perform the duties of a dog warden, or to receive unlicensed or stray dogs or stray cats or other animals other than cattle, horses, mules, asses, swine, sheep or goats. (Prior code § 22-16.7)

6.16.070 Poundkeeper--Report to council.

On or before February 1st of each year, each poundkeeper shall submit to the council of the county a report on his transactions for and during the preceding calendar year. Each poundkeeper shall also furnish to the council such other reports as it may direct. (Prior code § 22-16.8)

6.16.080 Redemption of impounded animals.

A. The owner of, or any other person entitled to, any animal taken up or impounded at any public pound may reclaim the same by presenting to the poundkeeper satisfactory proof of ownership, showing that he is entitled to the possession of such animal, provided such owner shall first pay to the poundkeeper the following fees and charges:

1. A charge by the poundkeeper to capture and impound the animal, such charge to be calculated on the basis of ten dollars per animal captured within a radius of five miles from the pound, and fifty cents per mile in going only for each mile traveled by the poundkeeper beyond such five-mile radius to capture the animal;

2. Any other actual expense incurred in keeping such animals, including the cost of feeding and maintaining same, and the prorated expense of giving notice to the owner by posting the notice as required in Section 6.16.050, except that the actual expense on account of feed shall not exceed one dollar per animal per day; and

3. All pound fees to be computed at the rate of one dollar per animal per day.

B. In addition to such charges and fees required to be paid by the owner or any other person entitled to the animal impounded under the provisions of this chapter as

a prerequisite to the recovery of his animals, he shall also pay to the poundkeeper such further amount as may be determined by the council of the county to compensate for any damages caused by such animals to any public property while straying upon any portion of the public streets or highways or other public places.

C. Each poundkeeper shall be entitled to retain and use for his own personal benefit all sums, other than those for damages, received by him in accordance with this section. Any amount paid by any owner of or other person entitled to such animals for damages shall be forthwith deposited with the finance director of the county. (Prior code § 22-16.4)

6.16.090 Disposition of unclaimed animals.

A. Unless otherwise provided by law, if any impounded animals shall not be claimed by the owner thereof, or other person entitled thereto, within five days after he has been actually notified by the poundkeeper of such impounding, or if the owner or owners of or persons entitled to such impounded animals shall be unknown to the poundkeeper, within five days after the posting of the notice of the impounding of such animals as provided in this chapter, then such animals may be sold at public auction, after notice thereof shall have been published once in a newspaper of general circulation in the county; provided, that such sale shall not occur less than five days nor more than twenty days after the publication of such notice.

B. In the event any of such animals shall be sold at public auction, the poundkeeper shall be entitled to receive out of the proceeds of such sale an amount sufficient to pay for all of his accrued fees and expenses and the surplus, if any, after deducting the cost of such sale, shall be turned over to the owner, if known, and if the owner shall be unknown, such surplus shall be turned over to the treasurer of the county for disposition in accordance with law. (Prior code § 22-16.5)

6.16.100 Violation--Penalty.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding fifty dollars. (Prior code § 22-16.9)

Chapter 6.20 COLLECTION SERVICE

6.20.010 Procedure.

6.20.020 Service charge.

6.20.010 Procedure.

An owner of a dog or cat, or any person authorized in writing to act on behalf of an owner, may request the animal shelter during business hours to collect the owner's dog or cat for sale or disposal in accordance with law. (Ord. 1177 § 1 (part), 1981)

6.20.020 Service charge.

Prior to or at the time of collection of a dog or cat, a service charge of five dollars shall be paid for the collection service. It shall be the responsibility of the person requesting the collection service to deliver the dog or cat in a clean and sanitary manner. (Ord. 1177 § 1 (part), 1981)