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.
"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 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.
(Ord. No. 792, October 15, 2002)