Haw. Rev. Stat. § 711-A

Current through the 2024 Legislative Session

Section 711-A - Definitions

As used in this part, unless the context clearly indicates or requires a different meaning:

"Animal control authority" means a county agency that enforces animal control laws.

"Bite injury" means any contact between an animal's mouth and teeth and the skin of a bite victim that causes visible trauma, such as a puncture wound, laceration, or other piercing of the skin.

"Bodily injury" has the same meaning as defined in section 707-700.

"Dangerous dog" means any dog that, without provocation, causes a bite injury to a person or another animal. A dog's breed shall not be considered in determining whether it is dangerous.

"Escape-proof kennel" means a kennel:

(1) That allows a dog to stand normally and without restriction, is at least two and one-half times the length of the dog, and protects the dog from the elements;

(2) Having fencing or wall materials that have no openings or gaps that exceed two inches; and

(3) Having no gates, or gates that are lockable and designed to prevent the entry of children or the escape of the dog.

"Microchip" has the same meaning as defined in section 143-1.

"Negligently" has the same meaning as set forth in section 702-206(4).

"Officer" means any sheriff, deputy, and any member of a police force and animal control officers of the several counties of the State.

"Owner" means any person owning, harboring, or keeping a dog; provided that, if the owner is a minor under the age of eighteen years, the parents, guardian, or another person having the care, custody, or control of the minor shall be presumed to be the owner; provided further that the person whose current contact information is registered with a microchip registration company shall be presumed to be the owner of the dog.

"Provocation" means behavior that precipitates a bite injury caused by a dog 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 bitten was committing a crime or offense while on the property of the owner of the dog;

(3) The person bitten 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 another 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 person bitten or another animal;

(6) The dog was protecting itself, its kennel, or its offspring from the person bitten or an animal; or

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

"Serious bodily injury" has the same meaning as defined in section 707-700.

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

"Substantial bodily injury" has the same meaning as defined in section 707-700.

HRS § 711-A

Added by L 2024, c 224,§ 2, eff. 7/1/2024.