(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 § 12-2.2(1) or (2) in lieu of citing the owner for a first offense under those provisions. As used in this subsection, “first 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 that 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 purposes of this section:
(1) “Provision” means a prohibition or requirement under: §§ 12-2.3, 12-2.4(b), 12-2.5(a), 12-2.5(b), 12-2.5(c), or 12-2.5(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 (b)(3), even if the enclosures or animals involved in the offenses differed.
(1990 Code, Ch. 7, Art. 2, § 7-2.10) (Added by Ord. 90-55; Am. Ord. 00-73)