For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Animal. Any “animal,” “farm animal,” or “poultry” as those terms are defined in § 12-2.2.
Attack. Aggressive physical contact with a person or animal initiated by the dog that may include but is not limited to the dog jumping on, leaping at or biting a person or animal.
Bodily Injury. Has the same meaning as defined in HRS § 707-700.
City Animal Control Service. The animal control services provider contracted by the city to seize and impound dogs.
Dangerous Dog. Any dog that, without provocation, attacks a person or animal. A dog’s breed shall not be considered in determining whether it is dangerous.
Enforcement Officer. Any person authorized and designated to enforce this article.
Microchip. Has the same meaning as defined in § 12-4.1.
Negligently. Has the same meaning as defined in HRS § 702-206.
Owner. Any person owning, harboring, or keeping a dog; provided that, if the owner is a minor under the age of 18 years, the parents, guardian, or other person having the care, custody, or control of the minor shall be rebuttably presumed to be the owner. The person whose current contact information is registered with a microchip registration company shall rebuttably be presumed to be the owner of the dog for purposes of this article.
Provocation. 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 person attacked was committing a crime or offense while on the property of the owner of the dog;
(3) 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;
(4) The dog was attacked or menaced by the 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 attacked person or animal;
(6) The dog was protecting itself, its kennels, or its offspring from the attacked person or animal;
(7) The person or animal attacked was disturbing the dog’s natural functions, such as sleeping or eating, while the dog was on its owner’s property; or
(8) The dog was responding to a command or encouragement to attack the person or animal.
Serious Injury to a Domestic Animal. Physical injury to the animal involving a broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an organ.
(1990 Code, Ch. 7, Art. 7, § 7-7.1) (Added by Ord. 00-72; Am. Ords. 02-05, 20-1)