§ 142-74. Damage to livestock or other property by dogs; liability; penalties
(a) If any dog, while on land or premises in the agricultural district classified pursuant to chapter 205 without the consent of the owner or person in possession of that land or premises, injures or destroys any livestock or other property belonging to any person other than the owner or person responsible for the dog, the owner or person responsible for the dog shall be liable in damages to the person injured for twice the value of the property so injured or destroyed.
(b) The owner of any livestock, the owner's agent, or the owner's family member may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog. No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.
(c) After any incident described in subsection (a), the owner of the dog shall confine or destroy the dog. If the owner of the dog neglects or refuses to do so, and the dog subsequently causes further damage to the owner of the livestock or property of another, the owner of the dog, in addition to paying the person injured for the damage, shall be guilty of a misdemeanor, be fined no less than $1,000, and pay the costs of the trial, and the dog may be lawfully destroyed by the owner of the livestock, the owner's agent, or the owner's family member.
(d) If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred and the judge may order the dog be humanely euthanized.
(e) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.
(f) Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.
(g) For the purposes of this section, “livestock” means animals raised for agricultural production or value, including cattle, sheep, goats, swine, poultry, and other domesticated farm animals.
Credits
P.C. 1869, ch. 23, § 9; R.L. 1925, § 667; R.L. 1935, § 252; R.L. 1945, § 1094; R.L. 1955, § 20-73; H.R.S. § 142-74; Laws 1984, ch. 90, § 1; Laws 1986, ch. 64, § 1; Laws 2001, ch. 222, § 1; Laws 2025, ch. 235, § 23, eff. July 1, 2025; Laws 2026, ch. 114, § 3, eff. June 8, 2026.
§ 142-75. Human bitten by dog; duty of dog owners; action against owner
(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.
(b) Whenever a dog has bitten a human being under circumstances for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial circuit in which the owner resides, to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bite or bites have been changed so as to remove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including but not limited to the removal of the animal from the area or its destruction by its owner. In making its decision, the court may consider:
(1) The vicious or dangerous propensities of the animal;
(2) The ability of the owner to adequately confine or remove the animal; and
(3) The necessity of any destruction of an animal in light of the health, safety, and welfare of the community.
This section shall not preclude any existing common law remedies.
(c) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section.
Credits
Laws 1980, ch. 283, § 2; Laws 2001, ch. 222, § 2; Laws 2021, ch. 30, § 2, eff. June 7, 2021.