The purpose of this Article is to establish provisions concerning dangerous dogs:
(a) 
The intent of this Article is to provide protective measures for the people of Kaua'i County from a known dangerous dog and establish conditions and penalties that may be imposed upon the owners of dangerous dogs.
(b) 
Hawai'i Revised Statutes Section 142-75(c) authorizes counties to enact and enforce ordinances regulating persons who own, keep, or harbor any dog that has bitten, injured, or maimed a person. Accordingly, the intent of this Article is to prevent potential conflicts with the provisions of State statute.
(Ord. No. 792, October 15, 2002)
Wherever used in this Article, the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
"Animal"
means any pet animal, farm animal, or poultry maintained on a person's property for the purpose of companionship, for hobby, for legal sporting activities, for guarding of property or for commercial purposes.
"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.
"County animal control service"
means the animal control services provider contracted by the County to keep stray or unlicensed dogs.
"Dangerous dog"
means any dog which, without provocation, attacks a person or animal.
"Enforcement officer"
means any person authorized and designated to enforce the provisions of this Article.
"Owner"
means any person owning, harboring or keeping a dog; provided that if the owner is a minor under the age of eighteen (18) years, the parents, guardian or other person having the care, custody or control of the minor shall be rebuttably presumed to 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 dog attacked the person in the owner's dwelling after the person entered or remained in the dwelling unlawfully;
(3) 
The dog attacked the person on the owner's property, except that when the person attacked suffers substantial or serious bodily injury, or death, this Subsection shall not apply;
(4) 
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;
(5) 
The dog was attacked or menaced by the animal;
(6) 
The dog was responding to pain or injury inflicted by the attacked person or animal; or
(7) 
The dog was protecting its offspring from the attacked person or animal.
"Serious bodily injury"
means the same as that term is defined in HRS Section 707-700.
"Serious injury to an 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.
"Substantial bodily injury"
means the same as that term is defined in HRS Section 707-700.
(Ord. No. 792, October 15, 2002)
(a) 
A dog owner commits the offense of negligent failure to control a dangerous dog, if the person negligently fails to take reasonable measures to prevent the dog from attacking a person or animal and such attack results in:
(1) 
The maiming or causing of serious injury to or the destruction of an animal; or
(2) 
Bodily injury to a person.
A person convicted under this Subsection shall be guilty of a petty misdemeanor and sentenced in accordance with Subsections (c), (d) and (e) of this Section.
In any prosecution under this Section, it is an affirmative defense that the attack was caused by provocation, as defined herein. The defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts that establish provocation.
(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 2 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) of this Section shall be sentenced to one (1) or more of the following:
(1) 
A fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00);
(2) 
A period of imprisonment of up to thirty (30) days, or in lieu of imprisonment, a period of probation of not more than six (6) months in accordance with the procedures, terms, and conditions provided in HRS Chapter 706, Part II;
(3) 
Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog.
(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) of this Section:
(1) 
The owner shall provide his or her name, address and telephone number to the County 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; and
(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 County animal control service.
(e) 
In addition to the provisions of Subsections (c) and (d) of this Section, the dog owner may also be sentenced to any of the following terms or conditions:
(1) 
When indoors, the dog shall be under the control of a person eighteen (18) years of age or older;
(2) 
When outdoors and unattended, the dog shall be kept within a locked fenced or walled area from which it cannot escape; or an escape-proof kennel;
(3) 
When outdoors, the dog shall be attended and kept on a leash no longer than six (6) feet in length and under the control of a person eighteen (18) years of age or older;
(4) 
When outdoors, the dog shall be attended and muzzled with a muzzle that prevents the dog from biting any person or animal but does not cause injury to the dog or interfere with its vision or respiration;
(5) 
A sign or signs shall be placed in a location or locations directed by the court advising the public of the presence and dangerousness of the dog;
(6) 
The owner and dog, at the owner's expense, shall attend training sessions conducted by an animal behaviorist, a licensed veterinarian or other recognized expert in the field;
(7) 
The dog shall be neutered or spayed at the owner's expense, unless the neutering or spaying of the dog is medically contraindicated;
(8) 
The owner shall procure liability insurance or post bond of not less than fifty thousand dollars ($50,000.00), or for a higher amount if the court finds a higher amount appropriate to cover the medical and/or veterinary costs resulting from potential future actions of the dog;
(9) 
The dog shall be humanely destroyed; or
(10) 
Any other condition the court deems necessary to restrain or control the dog.
(f) 
For the purpose of this Subsection:
(1) 
An escape-proof kennel means a kennel which allows the dog to stand normally and without restriction, which is at least two and one-half (2-1/2) times the length of the dog, and which protects the dog from the elements.
(2) 
Fencing or wall material required under this Section shall not have openings with a diameter of more than two (2) inches, and in the case of wooden fences, the gaps therein shall not be more than two (2) inches.
(3) 
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.
(4) 
The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
(g) 
Upon probable cause, an enforcement officer may either arrest or issue a summons and citation to the owner for violation of Subsection (a) of this Section.
(h) 
The court shall hold a hearing on the alleged violation of Subsection (a) of this Section within thirty (30) days of the arrest or issuance of the citation, or as soon as practicable.
(Ord. No. 792, October 15, 2002)
(a) 
Upon finding probable cause to believe that there has been a violation of Section 22-17.3(a), an enforcement officer may, in addition to arresting or issuing a summons and citation to the owner pursuant to Section 22-17.3, 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.
(b) 
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.
(c) 
Any person who refuses to surrender a dog that is subject to seizure and impoundment pursuant to this Section shall be guilty of a petty misdemeanor and fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), imprisoned not more than thirty (30) days, or both.
(Ord. No. 792, October 15, 2002)
Upon presentation of proper credentials, any enforcement officer may enter at reasonable times any building, structure or premises in the County of Kaua'i for the purpose of determining and enforcing compliance with the provision of this Article or of any court order issued under this Article; and provided further, that an order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted.
(Ord. No. 792, October 15, 2002)
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.
(Ord. No. 792, October 15, 2002)
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.
(Ord. No. 792, October 15, 2002)
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.
(Ord. No. 792, October 15, 2002)