(a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the owner negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, 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 other than the owner.
A person convicted under this subsection shall be guilty of a petty misdemeanor for a first offense and a misdemeanor for a subsequent offense and sentenced in accordance with subsections (c), (d), and (e).
(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 4 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) shall be sentenced to the following without possibility of suspension of sentence:
(1) A fine of not less than $500 nor more than $2,000; except that if the offense occurred within five years of a previous conviction under this section, a fine of not less than $1,000 nor more than $2,000;
(2) A period of imprisonment of up to 30 days, or in lieu of imprisonment, 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; except that if the offense occurred within five years of a previous conviction under this section, a period of imprisonment of up to six months, or in lieu of imprisonment, a period of probation of not more than one year;
(3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dog where the individual suffers financial losses or medical expenses due to the attack. For the purposes of this subsection, medical expenses may include the costs of necessary counseling or rehabilitative services; and
(4) Payment of all expenses for the boarding and retention of the dog if seized and impounded pursuant to § 12-7.3(a).
(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):
(1) The owner shall provide the owner’s name, address, and telephone number to the city 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; and
(4) When outside the owner’s premises, the dog must be attended and kept on a leash no longer than 6 feet in length and under the control of a person 18 years of age or older.
(e) In addition to subsections (c) and (d), the dog owner may also be sentenced to any of the following terms or conditions:
(1) When indoors, the dog be under the control of a person 18 years of age or older;
(2) When outdoors on the owner’s premises and unattended, the dog be kept within a locked fenced or walled area from which it cannot escape;
(3) When outdoors on the owner’s premises and unattended, the dog be confined to an escape-proof kennel;
(4) When outdoors on the owner’s premises, the dog be attended and kept within a fenced or walled area from which it cannot escape;
(5) When outdoors on the owner’s premises, the dog be attended and kept on a leash no longer than 6 feet in length;
(6) When outdoors on the owner’s premises, the dog be kept under the control of a person 18 years of age or older;
(7) When outdoors outside the owner’s premises, the dog 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;
(8) A sign or signs be placed in a location or locations directed by the court advising the public of the presence and dangerousness of the dog;
(9) The owner and dog, at the owner’s expense, attend training sessions conducted by an animal behaviorist, a licensed veterinarian, or other recognized expert in the field;
(10) The dog be neutered or spayed at the owner’s expense, unless the neutering or spaying of the dog is medically contraindicated;
(11) The owner procure liability insurance or post bond of not less than $50,000, or for a higher amount if the court finds a higher amount appropriate to cover the medical or veterinary costs, or both, resulting from potential future actions of the dog;
(12) The dog be humanely destroyed; or
(13) Any other condition the court deems necessary to restrain or control the dog.
For the purposes of this subsection, an “escape-proof kennel” means a kennel that allows the dog to stand normally and without restriction, which is at least 2.5 times the length of the dog, and which protects the dog from the elements. Fencing or wall materials required under this section shall not have openings with a diameter of more than 2 inches, and in the case of wooden fences, the gaps therein shall not be more than 2 inches. 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. The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(f) Upon full investigation and finding of probable cause, an enforcement officer shall either arrest or issue a summons and citation to the owner for violation of subsection (a).
(1990 Code, Ch. 7, Art. 7, § 7-7.2) (Added by Ord. 02-05; Am. Ords. 05-07, 20-1)