Hawaiian Dog & Cat Village

​​​​​                                                       HUMANE ANIMAL BILL HB50

Establishing County Websites throughout the State with Animal Statistics and General Information

Commercial Animal Business License for Breeding, All Breeding Sales Requires State License

State/County Funded Animal Shelters Must Lower Euthanasia Rate Annually or Lose Funding/Contract

State/County Funded Animal Shelters Must Allocate Funding for Spay/Neuter Coupons Monthly

Dangerous Dog Registry

Time Limit on Leaving Animal Chained

Dog Training for Positive Long Term Results

Living Conditions of Dog Kennels and Associated Laws

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§ 3.2-1.a   Establishment of county website with state animal laws, statistics and disposition of animals for each county in Hawaii.

Each county of Hawaii shall maintain an official county website, overseen by a State Website,  which contains a section relating to animal laws for the state of Hawaii. These county websites shall list Tabs with the following;

 A. Current animal related laws.

 B. Adoptions, Dog parks, Dog training classes, donations, events, Hawaii Humane Dept., lost & found animals, low cost clinics (must list general fees), pet laws, pet licensing, report animal violence, rescue groups, spay & neuter programs, wildlife concerns/reports.

 C. Annual reports from any Humane Society or rescue group receiving funding from any county, state or federal source. The report must list animal adoption, type of animals, number of animals euthanized, all Statistics on Animals they take in.

 § 3.2-1.b   Private sale of companion animals prohibited

 In the state of Hawaii for No person shall sell, offer or display for sale, barter or give any live animal to any person on any public street or other public place within the state of Hawaii, nor shall they offer for sale any animal on websites or any other media source other than a person with a current Hawaii animal business license maintaining a fixed place of business wherein such animals are sold, in the state of Hawaii.

 § 3.2-1.c   Humane Societies receiving county/state funding must decrease euthanasia rates

 Humane societies receiving county or state funding must reduce euthanasia by 10% annually until they reach a rate of 20% or lose funding for each fiscal year. When a county or state funded Humane Society loses its funding, the Contract shall go to another animal rescue group in order to spend County/State funding on animal adoption as opposed to euthanizing animals.

 § 3.2-1.d   Humane Societies receiving county/state funding must offer free spay/neuter vouchers

 Every month, any Humane Society receiving county or state funding must provide 100 free spay/neuter vouchers to the general public. This can be done on the humane society website and on the county website. These vouchers must be available on a continual basis and must meet the needs of the general public as the funding for Humane Societies of Hawaii is by the general public through tax dollars, and these would be services for the public thru public funds.

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Article 1. Animal Welfare and Law Enforcement

 § 3.2-3. Care of companion animals by owner (person in possession of Animal); penalty

 § 3.2-4 Care of agricultural animals by owner; penalty

 § 3.2-5. Abandonment of animal; penalty

 § 3.2-5a. Disposal of animals by means of decompression chamber and use of gas chamber for companion animals prohibited

 § 3.2-6 Injured or sick animal; action by veterinarian


Article 2. Commercial Animal Business Operations

 § 3.2-7.1. Business license required; annual fee for license

 § 3.2-7.2. Commercial animal breeding; requirements

 § 3.2-7.3. Right of entry

 § 3.2-7.4. Concurrent operation of releasing agency prohibited

 § 3.2-7.5. Penalty

 § 3.2-7.6. Duty of attorneys for the State of Hawaii

 § 3.2-7.7. Sale of animals must display Commercial animal business license


Article 3. Transportation and Sale of Animals

 § 3.2-8. Transporting animals; requirements; penalty

 § 3.2-9. Misrepresentation of animal's condition; penalties

 § 3.2-10. Sale of un-weaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty

 § 3.2-11. Failure of dealer or pet shop to provide adequate care; penalty

 § 3.2-11.1. Pet shops; procurement from unlicensed commercial dog breeders; penalty

 § 3.2-12. Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate

 § 3.2-13. Inclusion of false or misleading statements in certificate violation of Consumer Protection Act

 § 3.2-14. Consumer remedies for receipt of diseased animal upon certification by veterinarian

 § 3.2-15. Written notice of consumer remedies required to be supplied by pet dealers

 § 3.2-16. Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to sale

 § 3.2-17. Remedies cumulative

 § 3.2-18. Boarding establishments and groomers; veterinary care requirements; consumer notification; penalty



Article 4. Boarding Establishments and Groomers

 § 3.2-19. Written notice of consumer remedies required to be supplied by boarding establishments; penalty

 § 3.2-20. Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale


 
Article 5. Authority of Local Governing Bodies

 § 3.2-22. Per animal permit ordinance; penalties

 § 3.2-23. Governing body of any locality may prohibit dogs from running at large

 § 3.2-24. Ordinance requiring dogs to be kept on leash

 § 3.2-25. Control of dangerous or vicious dogs; penalties

 § 3.2–26. Vicious dogs; penalties

 § 3.2-27. Authority to prohibit training of attack dogs

 § 3.2-28. Establishment of Dangerous Dog Registry

 § 3.2-29. Governing body of any locality may adopt certain ordinances

 § 3.2-30. Regulation of keeping of animals and fowl

 § 3.2-31. Regulation of sale of animals procured from animal shelters

 § 3.2-32. County or city pounds; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief

 § 3.2-33. Acceptance of animals for research or experimentation; prohibition

 § 3.2-34. Animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief

 § 3.2-35. Releasing agencies other than pounds or animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties

 § 3.2-36. Requirements for foster homes penalty

 § 3.2-37. Notification by individuals finding companion animals; penalty

 § 3.2-38. Dogs killing, injuring or chasing livestock or poultry

 § 3.2-39. Compensation for livestock and poultry killed by dogs

 § 3.2-40. Disposal of dead companion animals

 
Article 6. Mandatory Sterilization of Dogs and Cats Adopted from Releasing Agencies

 § 3.2-41. Sterilization of adopted dogs and cats; enforcement; civil penalty

 § 3.2-42. Sterilization agreement

 § 3.2-43. Sterilization confirmation; civil penalty

 § 3.2-44. Notification concerning lost, stolen or dead dogs or cats; civil penalty

 § 3.2-45. Exemptions

 § 3.2-46. Releasing agency; fees and deposits

 § 3.2-47. Civil penalties​


 Article 7. General Provisions and Definitions of Terminology

 § 3.2-2.1 Definitions

 § 3.2-2.2 Regulations and guidelines

 § 3.2-2.3 State Veterinarian's power to inspect premises where animals are kept; investigations and search warrants

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Article 1. Animal Welfare and Enforcement of Laws

 § 3.2-3. Care of companion animals by owner (person in possession of Animal); penalty


 A. Each owner shall provide for each of his companion animals:

 1. Adequate feed; at least 2 meals per day, at least one cup of food per meal for an animal below 40#, 2 cups per meal above 40# animal.

 2. Adequate water; Water must be refreshed at least once per day.

 3. Adequate shelter that is properly cleaned; no wire floors allowed, all floors must be solid.

 4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; the size of the kennel must be at least 3 times the width and 4 times the length of the length of the animal.

 5. Adequate exercise; the Dog must be taken out of the kennel at least twice a day for a period of at least one hour for each exercise, for a period of no less than 2 hours per day outside of the kennel.

 6. Adequate care, treatment, and transportation; and

 7. Veterinary care when needed to prevent suffering or disease transmission.

 8. No dog may be tethered more than 9 hours in a 24 hour period.

 9. Dog Training: Must consist of Positive Re-enforcement Methods. No Shock collars, Pinch Collars or any other form of physical abuse that harms the Animal or makes them Fearful of the person in possession of the Animal. The Method you apply should be safe to use on a Child. If you are not able to do it to a Child, then it is considered Animal Abuse. Any type of Force Method is considered Abuse. Holding or forcing an Animal into any position is considered Abuse.

 10. Evaluation of Healthy and/or Aggressive Animals: Confrontational Methods are Abuse, in any kind of testing, no confrontational methods involving other animals are allowed as they induce fear and aggression, No Dominance methods are allowed as they induce fear and aggression.

 The provisions of this section shall also apply to every pet owner, anyone who has an Animal in their possession, pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.


 B. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A 1, A 2, A 3, or A 7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A 4, A 5, or A 6 is a Class 3 misdemeanor. A third offense is a Felony.

 C. Each offense carries a fine of $200 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

 F. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

 Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

 Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

 § 3.2-4 Care of agricultural animals by owner; penalty

 A. Each owner shall provide for each of his agricultural animals:

 1. Feed to prevent malnourishment;

 2. Water to prevent dehydration; and

 3. Veterinary treatment as needed to address impairment of health or bodily function when such impairment cannot be otherwise addressed through animal husbandry, including humane destruction.

 4. Adequate shelter that is properly cleaned.

 B. The provisions of this section shall not require an owner to provide feed or water when such is customarily withheld, restricted, or apportioned pursuant to a farming activity or if otherwise prescribed by a veterinarian.

 C. There shall be a rebuttable presumption that there has been no violation of this section if an owner is unable to provide feed, water, or veterinary treatment due to an act of God.

 D. The provisions of this section shall not apply to agricultural animals used for bona fide medical or scientific experimentation.

 E. A violation of this section is a Class 4 misdemeanor unless Animal Cruelty is discovered, then the violation may be a Felony according to Hawaii state law.

 F. Each offense carries a fine of $200 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

 F. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

 Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

 Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

 § 3.2-5. Abandonment of animal; penalty

 No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.


 § 3.2-5a. Disposal of animals by means of decompression chamber and use of gas chamber for companion animals prohibited

A. No animal shall be euthanized pursuant to the provisions of this chapter by means of a high altitude decompression chamber.


B. No companion animal shall be euthanized pursuant to the provisions of this chapter by means of a gas chamber.

§ 3.2-6. Injured or sick animal; action by veterinarian

A. If a licensed veterinarian is called or by his own action comes upon an animal that is sick or injured and the owner of such animal cannot be immediately located, then the licensed veterinarian, in his professional judgment, may treat, hospitalize or euthanize the animal without the permission of the owner. The veterinarian shall make such reports and keep such records of such sick or injured animals as may be prescribed by the Board of Veterinary Medicine, including the information required under subsection B of § 3.2- 57.

B. In no event shall a licensed veterinarian who has acted in good faith and properly exercised professional judgment regarding an animal be subject to liability for his actions in: (i) acting in accordance with subsection A; or (ii) reporting cases of suspected cruelty to animals.

§ 3.2-6a. Dog Training that will enable positive result

Dog Training must be done in a positive reinforcement manner. No type of animal abuse or harm must be implemented in the training of Dogs. Whether physical or mental in nature.

 
Article 2 Commercial Animal Business Operations

§ 3.2-7.1 Business license required, penalty;

A. No commercial animal breeding business shall breed animals in the State of Hawaii without a valid business license issued by any locality, as applicable, for each and every premises where he maintains animals for the purpose of commercial animal breeding.

B. A commercial animal breeding license is also required by dealers, pet shop owners and anyone else who sells animals, including private sales of animals, for each and every premises where animals are kept, bred, exchanged or sold.

C. An annual fee of $1,500 is charged to each dealer, pet shop owner or breeder for a commercial animal license, for each location where animals are kept, bred or sold, which must be renewed annually before the expiration date.

D. The penalty for having an expired commercial animal breeding license or not having a commercial animal license (displayed prominently for patron viewing) is a $3,000 fine payable to county in which the offense took place.

E. Each additional offense is a class 1 misdemeanor and a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

F. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-7.2 Commercial animal breeding; requirements

Commercial animal breeders shall:

1. Maintain no more than 4 animals of each species over the age of one year at any time for breeding purposes.

2. Breeding female animals: (i) after annual certification by a licensed veterinarian that the animal is in suitable health for breeding; (ii) after the animal has reached the age of 18 months; and (iii) if the animal has not yet reached the age of 8 years;

3. Dispose of animals only by gift, sale, transfer, barter, or euthanasia by a licensed veterinarian;

4. Dispose of deceased animals in accordance with § 3.2-54;

5. Dispose of animal waste in accordance with state and federal laws and regulations; and

6. Maintain accurate records for at least five years including:

a. The date on which a animal enters the operation;

b. The person from whom the animal was purchased or obtained, including the address and phone number of such person;

c. A description of the animal, including the species, color, breed, sex, and approximate age and weight;

d. Any tattoo, microchip number, or other identification number carried by or appearing on the animal;

e. Each date that offspring were born to such animal and the number of offspring;

f. All medical care and vaccinations provided to the animal, including certifications required by a licensed veterinarian under this chapter; and

g. The disposition of each animal and the date.

§ 3.2-7.3 Right of entry

A. The Commissioner, the State Veterinarian or his assistant, any officer of the HHD, any animal control officer, and any public health or safety official employed by the locality where a commercial animal breeder resides or maintains breeding operations may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include (i) the inspection of the books and records of any commercial animal breeder, (ii) the inspection of any companion animal owned by the commercial animal breeder, and (iii) the inspection of any place where animals are bred or maintained. In conducting the inspection, the Commissioner or animal control officer may enter any premises where animals may be bred or maintained during daytime hours.

B. Any commercial animal breeder who is the subject of an investigation by the Commissioner, the State Veterinarian, or an animal control officer shall, upon request, provide assistance to the Commissioner, the State Veterinarian, or the animal control officer in making any inspection authorized by this section.

§ 3.2-7.4 Concurrent operation of releasing agency prohibited

It is unlawful for a commercial animal breeder to operate or maintain a controlling interest in any releasing agency.

§ 3.2-7.5 Penalty

A. Any commercial animal breeder, dealers, pet shop owners and anyone else who sells animals, including private sales of animals who violates any provision of this article is guilty of a Class 1 misdemeanor, second offense is a Class 2 misdemeanor, and a third violation is a Felony.

B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

C. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-7.6 Duty of attorneys for the State of Hawaii

It shall be the duty of each attorney for the State of Hawaii to enforce this article.

§ 3.2-7.7. Sale of animals must display Commercial animal business license

A. Any sale of animals must have the Commercial animal business license displayed in plain view. If the dealer, pet shop owner, breeder or any other person holding a commercial animal business license sells the pet on a website, including free websites like craigslist, must clearly display their valid commercial animal business license on each and every webpage so that the consumer knows that the seller has a commercial animal business license.

B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

C. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.


 Article 3. Transportation and Sale of Animals

§ 3.2-8 Transporting animals; requirements; penalty

A. No owner, ship, plane or other common carrier when transporting any animal shall allow that animal to be confined in any type of conveyance more than 12 consecutive hours without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal. A reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal depending upon the particular type and species of animal.

B. No person shall import into the State of Hawaii, nor export from the State of Hawaii, for the purpose of sale or offering for sale any dog or cat under the age of eight weeks without its dam.

C. Violation of this section is a Class 1 misdemeanor, a second offense is a Class 2 misdemeanor, and a third offense is a Felony.

D. Each offense carries a fine of $500 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-9 Misrepresentation of animal's condition; penalties

No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery, or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal. The sale of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is clinically ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the animal.

A. Violation of this section is a Class 3 misdemeanor.

B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

C. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-10 Sale of un-weaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty

A. No person shall sell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device any living chicks, ducklings, or other fowl under two months old in quantities of less than six or any un-weaned mammalian companion animal or any dog or cat under the age of seven weeks without its dam or queen. Dealers may offer immature fowl, un-weaned mammalian companion animals, dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven weeks of age. Nothing in this section shall prohibit the sale, gift, or transfer of an un-weaned animal: (i) as food for other animals; (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the un-weaned animal; or (iv) to animal control, an animal shelter, or a veterinarian.

B. Dealers shall provide all dogs and cats with current vaccinations against contagious and infectious diseases, as recommended in writing and considered appropriate for the animal's age and breed by a licensed veterinarian, or pursuant to written recommendations provided by the manufacturer of such vaccines at least five days before any new owner takes possession of the animal. For dogs, the vaccinations required by this subsection shall include at a minimum canine distemper, adenovirus type II Parainfluenza, and parvovirus. For cats, the vaccinations required by this subsection shall include at a minimum rhinotracheitis, calicivirus, and panleukopenia. Dealers shall provide the new owner with the dog's or cat's immunization history.

C. A violation of this section is a Class 3 misdemeanor.

D. Each offense carries a fine of $500 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-11. Failure of dealer or pet shop to provide adequate care; penalty

A. Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter is guilty of a Class 3 misdemeanor.

B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

C. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

D. Such animals shall be subject to seizure and impoundment, and upon conviction of such person the animals may be sold, euthanized, or disposed of as provided by § 3.2-46 for licensed, tagged, or tattooed animals. Such failure is also grounds for revocation of a permit or certificate of registration after public hearing.

E. Any funds that result from such sale shall be used first to pay the costs of the local jurisdiction for the impoundment and disposition of the animals, and any funds remaining shall be paid to the owner, if known. If the owner is not found, the remaining funds shall be paid into an HHD fund.

§ 3.2-11.1. Pet shops; procurement from unlicensed commercial dog breeders; penalty

A. It is unlawful for a pet shop to sell or offer for sale any dog procured from a person who is not a dealer or licensed by the U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted hereunder.

B. It shall be unlawful for any commercial dog breeder who is not licensed by the U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted hereunder to sell any dog to a pet shop, unless such commercial dog breeder maintains a valid and current USDA dealer's permit.


C. Any person violating any provision of this section is guilty of a Class 1 misdemeanor for the first offense, a Class 2 misdemeanor for the second offense and also grounds for revocation of a permit or certificate of registration after public hearing.

D. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-12. Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate

It shall be a violation of the Consumer Protection Act for any pet dealer to sell a dog or cat within the State of Hawaii for stating, promising or representing that the animal is registered or capable of being registered with any animal pedigree registry organization, without providing the consumer with a pet dealer's animal history certificate at the time the consumer takes possession of the dog or cat. The pet dealer's animal history certificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:

1. The animal's breed, sex, age, color, and birth date;

2. The name and address of the person from whom the pet dealer purchased the animal;

3. The breeder's name and address;

4. The name and registration number of the animal's parents;

5. If the animal has been so examined, the date on which the animal has been examined by a licensed veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and

6. A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, and the name and address of the person or licensed veterinarian administering or supervising the vaccinations.

The information contained in the pet dealer's animal history certificate required herein shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless he knows or has reason to know that such information is erroneous.

A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of one year following the date of sale.

§ 3.2-13. Inclusion of false or misleading statements in certificate violation of Consumer Protection Act

It shall be a violation of the Consumer Protection Act for a pet dealer to include in the pet dealer's animal history certificate provided for in § 3.2-12 any false or misleading statement regarding the information to be contained therein.

A. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

B. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-14. Consumer remedies for receipt of diseased animal upon certification by veterinarian

A. If, at any time within 10 days following receipt of an animal described as being registered or capable of being registered with any animal pedigree organization and subject to this chapter, a licensed veterinarian certifies such animal to be unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options:

1. The right to return the animal and receive a refund of the purchase price including sales tax; or

2. The right to return the animal and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer.

The refund or reimbursement required by this section shall be made by the pet dealer not later than 10 business days following receipt of a signed veterinary certification as provided in § 3.2-15.

§ 3.2-15. Written notice of consumer remedies required to be supplied by pet dealers

A pet dealer shall give the notice hereinafter set forth in writing to a consumer prior to the delivery of a dog or cat. Such notice shall be embodied in a written contract, the pet dealer's animal history certificate, or a separate document and shall state in ten-point boldface type the following:

NOTICE
The sale of certain dogs and cats described as being registered or capable of being registered with any animal pedigree organization is subject to the provisions of the State of Hawaii Consumer Protection Act. In the event that a licensed veterinarian certifies your animal to be unfit for purchase within 10 days following receipt of your animal, you may choose: (i) to return your animal and receive a refund of the purchase price; or (ii) to return the animal and receive an exchange animal of your choice of equivalent value.

In order to exercise these rights you must present a written veterinary certification that the animal is unfit to the pet dealer within three business days after receiving such certification.

If the pet dealer has promised to register your animal or to provide the papers necessary therefor and fails to do so within 120 days following the date of contract, you are entitled to return the animal and receive a refund of the purchase price or to retain the animal and receive a refund of an amount not to exceed 50 percent of the purchase price.

§ 3.2-16. Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to sale


A. It shall be a violation of the Consumer Protection Act for a pet dealer to state, promise, or represent that a dog or cat is registered or capable of being registered with any animal pedigree registry organization if the pet dealer shall then fail to either effect such registration or provide the consumer with the documents necessary therefore within 120 days following the date of sale of such animal. In the event that a pet dealer fails to affect registration or to provide the necessary documents therefore within 120 days following the date of sale, the consumer shall be entitled to choose one of the following options:

1. To return the animal and to receive a refund of the purchase price plus sales tax; or

2. To retain the animal and to receive a refund of an amount not to exceed 50 percent of the purchase price and sales tax.

B. The veterinary certification and statement required herein shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer and shall contain the following information:

1. The name of the owner;

2. The date or dates of the examination;

3. The breed, color, sex, and age of the animal;

4. A description of the veterinarian's findings;

5. A statement that the veterinarian certifies the animal to be unfit for purchase; and

6. The name and address of the certifying veterinarian and the date of the certification.

C. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for purchase unless the animal is clinically ill due to such condition. An animal may not be found unfit for purchase on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.

§ 3.2-17. Remedies cumulative

The remedies provided for pursuant to this article are cumulative and not exclusive and shall be in addition to any other remedy provided for by law.

 
 Article 4. Boarding Establishments and Groomers

§ 3.2-18. Boarding establishments and groomers; veterinary care requirements; consumer notification; penalty

A. When an animal is boarded at a boarding establishment, or under the care, custody or subject to the actions of a groomer, the boarding establishment or groomer shall be responsible for providing the animal care requirements for each animal as specified in § 3.2-03.

B. If an animal becomes ill or injured while in the custody of the boarding establishment or groomer, the boarding establishment or groomer shall provide the animal with emergency veterinary treatment for the illness or injury. The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment or groomer. The boarding establishment or groomer shall pay for veterinary treatment of any injury that the animal sustains while at the establishment or under the care or custody of a groomer if the injury resulted from the establishment's or groomer's failure, whether accidental or intentional, to provide the care required by § 3.2-03, or if the injury is a result of the actions of the boarding establishment or groomer. Boarding establishments and groomers shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation.

C. If an animal is seized from a boarding establishment or groomer because of the establishment's or groomer's failure to provide adequate food, water, shelter, exercise, and care as defined in § 3.2-00 and required by § 3.2-03 or because of any other violation of this chapter, the animal shall be returned to the rightful owner as soon as possible or, if the owner refuses to reclaim the animal, be impounded and disposition made pursuant to § 3.2- 69.

D. Violation of this section by a boarding establishment or groomer is a Class 1 misdemeanor, a second offense is a Class 2 misdemeanor and a third offense is a license revocation following a public hearing.

 E. Each offense carries a fine of $300 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

F. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.


§ 3.2-19. Written notice of consumer remedies required to be supplied by boarding establishments; penalty

A. A boarding establishment shall give the notice hereinafter set forth in writing to a consumer prior to the consumer's delivery of the animal to the boarding establishment. Such notice shall be embodied in a written document and shall state in ten-point boldfaced type the following:

NOTICE
The boarding of animals is subject to Hawaii animal cruelty laws. If your animal becomes ill or injured while in the custody of the boarding establishment, the boarding establishment shall provide the animal with emergency veterinary treatment for the illness or injury.

The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment. The boarding establishment shall bear the expenses of veterinary treatment for any injury the animal sustains while at the boarding establishment if the injury resulted from the establishment's failure, whether accidental or intentional, to provide the care required by § 3.2-03. Boarding establishments shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation.

B. In addition, the boarding establishment shall display the following notice, in ten-point boldfaced type, on a sign placed in a conspicuous location and manner at the boarding establishment's intake area:

C. Failure to display or provide the consumer with the written notice as required by this section is a Class 3 misdemeanor, a second offense is a Class 2 misdemeanor, a third offense and the license may be revoked following a public hearing.

D. Each offense carries a fine of $300 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-20. Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale

Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within 14 days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing 30 days, the balance shall be paid to the Hawaii Humane Dept. Funding Pool.. If no purchaser is found, the animal may be offered for adoption or euthanized.


 
Article 5. Authority of Local Governing Bodies

§ 3.2-25. Per animal sale permit ordinance; penalties

Any person operating a pet shop or operating as a dealer in companion animals is to obtain a per animal sale permit. The animal seller must keep records of each animal sold, and pay the fee of $50. for each animal sold, to the Hawaii Humane Dept. Funding Pool.. The revenues derived therefore shall be used for the administration and enforcement of the HHD.

The aforementioned ordinance may provide: (i) that records be kept by the permittees as are deemed necessary; (ii) for public hearing prior to issuance, renewal or revocation of any such permit; or (iii) for the denial of issuance, denial of renewal or for the revocation of such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee.

A. The ordinance may provide for either a criminal penalty not to exceed a Class 3 misdemeanor.

 B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-26. Governing body of any locality may prohibit dogs from running at large

The governing body of any locality may prohibit the running at large of all or any category of dogs in all or any designated portion of such locality during such months as they may designate. Governing bodies may also require that dogs be confined, restricted or penned up during such periods. For the purpose of this section, a dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at large, or remain unconfined, unrestricted or not penned up shall be deemed to have violated the provisions of this section.

§ 3.2-27. Ordinance requiring dogs to be kept on leash

The governing body of any locality may adopt ordinances requiring that dogs within any such locality be kept on a leash or otherwise restrained and may, by resolution directed to the circuit court, request the court to order a referendum as to whether any such ordinance so adopted shall become effective. The court shall require the governing body to give appropriate notice of the time, place and subject matter of such referendum.

The results of the referendum shall not be binding upon the governing body of the locality but may be used in ascertaining the sense of the voters.

§ 3.2–28. Control of dangerous dogs; penalties

1a:
“Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. When a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are owned by the same person; (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian; or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community.

“Vicious dog” means a canine or canine crossbreed that has: (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or by an animal control officer as authorized by ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding.

B. Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.2–62. The court, upon finding the animal to be a dangerous or vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. The procedure for appeal and trial shall be the same as provided by law for misdemeanors.

C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury, or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog.

D. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.

E. The owner of any animal found to be a dangerous dog shall, within 45 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of $350, in addition to other fees that may be authorized by law. The local animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee of $185 and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Hawaii Dangerous Dog Registry.

F. All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (i) (a) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and (ii) (b) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000.

G. While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

H. The owner shall cause the local animal control officer to be promptly notified of: (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety bond; and (vii) the death of the dog.

I. After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority to be notified if the animal: (i) is loose or unconfined; or (ii) bites a person or attacks another animal; or (iii) is sold, is given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within 10 days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved.

Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a:

1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person;

2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or

3. Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person.

The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.

a)The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a Class 1 misdemeanor.

b)Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal.

Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2–62 or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2–62. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner.

All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this section and fees due to the State Veterinarian for maintenance of the Hawaii Dangerous Dog Registry, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2–56.

The governing body of any locality may enact an ordinance parallel to this statute regulating dangerous and vicious dogs. No locality may impose a felony penalty for violation of such ordinances.

§ 3.2-29. Authority to prohibit training of attack dogs, penalty;

Each County must enact an ordinance that prohibits persons from training dogs on residential property to attack. As used in this section, "attack" means to attack or respond aggressively, either with or without command. Any such ordinance shall exempt from its provisions the training of dogs owned by any person who resides on the property.

A. Each offense carries a fine of $5,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of offender’s wages until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-30. Establishment of Dangerous Dog Registry

The Commissioner shall establish the Hawaii Dangerous Dog Registry to be maintained by the Hawaii Humane Dept. The State Veterinarian shall maintain information provided and posted by animal control officers or other such officials statewide on a website. All information collected for the Dangerous Dog Registry shall be available to animal control officers via the website. Registration information shall include the name of the animal, a photograph, sex, age, weight, primary breed, secondary breed, color and markings, whether spayed or neutered, the acts that resulted in the dog being designated as dangerous and associated trial docket information, microchip or tattoo number, address where the animal is maintained, name of the owner, address of the owner, telephone numbers of the owner, and a statement that the owner has complied with the provisions of the dangerous dog order. The address of the owner along with the name and breed of the dangerous dog, the acts that resulted in the dog being deemed dangerous, and information necessary to access court records of the adjudication shall be available to the general public. By January 31 of each year, until such time as the dangerous dog is deceased, the owner shall submit to an animal control officer or other designated local official of the county or city in which he currently resides a renewal registration that shall include all information contained in the original registration and any updates. The owner shall verify the information is accurate by annual re-submissions. The animal control officer or other such official shall post any updates on the website. In the event that the dangerous dog is moved to a different location, or contact information for the owner changes in any way at any time, the owner shall submit a renewal containing the address of the new location or other updated information within 10 days of such move or change to an animal control officer or other such official for the new location. There shall be no charge for any updated information provided between renewals. Each county and city shall submit to the State Veterinarian by January 31 of each year $90 for each dangerous dog it initially registered and $25 for each dangerous dog for which it renewed registration within the previous calendar year. Any funds collected pursuant to this section shall be used by the State Veterinarian to maintain the registry and website. The website list shall be known as the Hawaii Dangerous Dog Registry.

Actions of the Department relating to the establishment, operation, and maintenance of the Hawaii Dangerous Dog Registry under this section shall be exempt from the provisions of the Administrative Process Act

Copies of all records, documents, and other papers pertaining to the Dangerous Dog Registry that are duly certified and authenticated in writing on the face of such documents to be true copies by the State Veterinarian or the Dangerous Dog Registry administrator shall be received as evidence with like effect as the original records, documents, or other papers in all courts of Hawaii.

§ 3.2-31. Governing body of any locality may adopt certain ordinances

A. The governing body of any locality of Hawaii may adopt, and make more stringent, ordinances that parallel any and all of these laws therein. Any town may choose to adopt by reference any ordinance of the surrounding county adopted under this section to be applied within its town limits, in lieu of adopting an ordinance of its own, it may add onto but not subtract from any of these laws, nor may it lessen any penalties as a result of noncompliance of any and all of these laws.

Any funds collected pursuant to the enforcement of ordinances adopted pursuant to the provisions of this section may be used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of cats and dogs.

B. Any locality may, by ordinance, establish uniform schedules of civil penalties for violations of specific provisions of ordinances adopted pursuant to this section. Designation of a particular violation for a civil penalty shall be in lieu of criminal sanctions and preclude prosecution of such violation as a criminal misdemeanor. The schedule for civil penalties shall be uniform for each type of specified violation and the penalty for any one violation shall not be less than $1,000 per violation. Imposition of civil penalties shall not preclude an action for injunctive, declaratory or other equitable relief. Moneys raised pursuant to this subsection shall be placed in the locality's general fund.

An animal control officer or law-enforcement officer may issue a summons for a violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

§ 3.2-32. Regulation of keeping of animals and fowl

A. Any locality may, for the preservation of public health, regulate by ordinance the keeping of animals or fowl, other than dogs and cats, within a certain distance of residences or other buildings or wells, springs, streams, creeks, or brooks, and provide that all or certain of such animals shall not be kept within certain areas.

B. Any locality may, by ordinance, prohibit cruelty to and abuse of animals and fowl; and may regulate or prohibit the running at large and the keeping of animals and fowl and provide for the impounding and confiscation of any such animal or fowl found at large or kept in violation of such regulations. Any such ordinance may require that owners of any exotic or poisonous animal found running at large pay a fine of $1,000 in addition to a fee to cover the locality's actual cost in locating and capturing or otherwise disposing of the animal.

§ 3.2-33. Regulation of sale of animals procured from animal shelters

Any locality that maintains or supports, in whole or in part, a pound or animal shelter may by ordinance provide that no person who acquires an animal from such pound or shelter shall be able to sell the animal without a commercial animal business license. In order to sell said animal, the seller must obtain a commercial animal business license, and it must be valid at the time of sale.


A. Violation of the ordinance is a Class 1 misdemeanor.

B. Each offense carries a fine of $1,000 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

E. Failure to pay with-in 30 days will result in the State of Hawaii garnishing 10% of the Offender's wages from their paychecks until the fine is paid following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-34. County or city Animal Shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief

A. For purposes of this section:

"Animal" shall not include agricultural animals.

"Rightful owner" means a person with a right of property in the animal.

B. The governing body of each county or city shall maintain or cause to be maintained a pound and shall require dogs running at large without the tag required by § 3.2-31 or in violation of an ordinance passed pursuant to § 3.2-38 to be confined therein. Nothing in this section shall be construed to prohibit confinement of other companion animals in such a pound. The governing body of any county or city need not own the facility required by this section but may contract for its establishment with a private group or in conjunction with one or more other local governing bodies. The governing body shall require that:


1. The shelter shall be accessible to the public at reasonable hours during the week;

2. The shelter shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and each shelter shall update such statement as changes occur;

3. If a person contacts the pound inquiring about a lost companion animal, the pound shall advise the person if the companion animal is confined at the shelter or if a companion animal of similar description is confined at the pound;

4. The shelter shall maintain a written record of the information on each companion animal submitted to the pound by an animal shelter in accordance with subsection D of § 3.2-48 for a period of 165 days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by an animal shelter or allow such person inquiring about a lost animal to view the written records;

5. The shelter shall maintain a written record of the information on each companion animal submitted to the pound by a releasing agency other than a pound or animal shelter in accordance with subdivision F 2 of § 3.2-49 for a period of 165 days from the date the information is received by the shelter. If a person contacts the shelter inquiring about a lost companion animal, the shelter shall check its records and make available to such person any information submitted by such releasing agency or allow such person inquiring about a lost companion animal to view the written records; and

6. The shelter shall maintain a written record of the information on each companion animal submitted to the pound by an individual in accordance with subdivision A 2 of § 3.2-51 for a period of 165 days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by the individual or allow such person inquiring about a lost companion animal to view the written records.

C. An animal confined pursuant to this section shall be kept for a period of not less than seven days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof.

The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional seven days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 24 hours following its confinement.

If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. In addition to this and any other fees that might be levied, the locality may, after a public hearing, adopt an ordinance to charge the owner of an animal a fee for impoundment and increased fees for subsequent impoundments of the same animal.

D. If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection C, it shall be deemed abandoned and become the property of the pound.

Such animal may be euthanized in accordance with the methods approved by the State Veterinarian or disposed of by the methods set forth in subdivisions 1 through 5. No pound shall release more than two animals or a family of animals during any 30-day period to any one person under subdivisions 2, 3, or 4.

1. Release to any humane society, animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;

2. Adoption by a resident of the county or city where the pound is operated and who will pay the required license fee, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

3. Adoption by a resident of an adjacent political subdivision of the state of Hawaii, if the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

4. Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no dog or cat may be adopted by any person who is not a resident of the county or city where the pound is operated, or of an adjacent political subdivision, unless the dog or cat is first sterilized, and the pound may require that the sterilization be done at the expense of the person adopting the dog or cat; or

5. Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with § 3.2- 57; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the shelter, animal shelter, or other releasing agency within the state of Hawaii a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.

For purposes of record keeping, release of an animal by a pound to a shelter, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

Any proceeds deriving from the gift, sale, or delivery of such animals shall be paid directly to the treasurer of the locality. Any proceeds deriving from the gift, sale, or delivery of such animals by an animal shelter or other releasing agency shall be paid directly to the clerk or treasurer of the animal shelter or other releasing agency for the expenses of the society and expenses incident to any agreement concerning the disposing of such animal. No part of the proceeds shall accrue to any individual except for the aforementioned purposes.

E. Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or un-weaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian.

F. Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subdivisions 1 through 5 of subsection D of an animal that has been released to a pound, animal shelter, other releasing agency, or animal control officer by the animal's rightful owner after the rightful owner has read and signed a statement: (i) surrendering all property rights in such animal; (ii) stating that no other person has a right of property in the animal; and (iii) acknowledging that the animal may be immediately euthanized or disposed of in accordance with subdivisions 1 through 5 of subsection D.

G. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification that, based on the written statement of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The statement of the disinterested person shall be kept with the animal as required by § 3.2-57. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal.

H. No shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and each pound shall update such statement as changes occur. The shelter shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the shelter has an affiliation with the foster care provider.

I. A pound that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-

J. If a shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.

K. The governing body shall require that the shelter be operated in accordance with regulations issued by the Board. If this chapter or such regulations are violated, the locality may be assessed a civil penalty by the Board or its designee in an amount that does not exceed $500 per violation. Each day of the violation is a separate offense. In determining the amount of any civil penalty, the Board or its designee shall consider: (i) the history of previous violations at the pound; (ii) whether the violation has caused injury to, death or suffering of, an animal; and (iii) the demonstrated good faith of the locality to achieve compliance after notification of the violation. All civil penalties assessed under this section shall be recovered in a civil action brought by the Attorney General in the name of the State of Hawaii. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the purposes of this chapter.

L. If this chapter or any laws governing shelters are violated, the Commissioner may bring an action to enjoin the violation or threatened violation of this chapter or the regulations pursuant thereto regarding pounds, in the circuit court where the pound is located. The Commissioner may request the Attorney General to bring such an action, when appropriate.

M. Each offense carries a fine of $500 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.

N. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHIU pursuant to § 3.2-1.4.

§ 3.2-35. Acceptance of animals for research or experimentation; prohibition

No person shall use or accept for the purpose of medical research or experimentation any animal bearing a tag, license, or tattooed identification.

§ 3.2-36. Animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief

A. An animal shelter may confine and dispose of animals in accordance with the provisions of subsections B through G of § 3.2-46.

B. Each animal shelter shall make a signed statement  specifying that the individual has never been convicted of animal cruelty, neglect, or abandonment and each animal shelter shall update such statement as changes occur, which shall be sent to the HHD, and displayed on their website.

C. The Hawaii Humane Dept. shall inspect an animal shelter prior to the animal shelter confining or disposing of animals pursuant to this section. The animal shelter shall meet the requirements of all laws with regard to confinement and disposition of animals before the animal shelter is approved to receive animals and provide a reasonable and comfortable climate appropriate for the age, species, condition, size, and type of animal. The HHD shall inspect every shelter in the State of Hawaii annually, and certify that it is in compliance with State Laws.

There shall be NO cost to the Shelter for this Annual Certification.

D. An animal shelter that confines an animal that has not been received from its owner shall, pursuant to this section, transmit a description of the animal including at least species, color, breed, size, sex, and other identification or markings and where the animal was found, and its contact information, including its name, address, and telephone number, to the pound in the county or city where the animal was found within 48 hours of the animal shelter receiving the animal. An animal shelter that confines and disposes of animals pursuant to this subsection shall be accessible to the public at reasonable hours, shall have its telephone number and address listed in a telephone directory, and shall post its contact information, including at least its name, address, and telephone number, in the shelter in the locality where the animal shelter is located.


E. For purposes of recordkeeping, release of an animal by an animal shelter to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

F. No animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and the animal shelter shall update the statement as changes occur. The animal shelter shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the animal shelter has an affiliation with the foster care provider.

G. An animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-03.

H. If an animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.

I. No animal shelter shall be operated in violation of any local zoning ordinance.

J. An animal shelter that confines and disposes of animals pursuant to this section shall be operated in accordance with this chapter. If this chapter is violated, the animal shelter may be assessed a civil penalty by the Board or its designee in an amount that does not exceed $500 per violation. Each day of the violation is a separate offense. In determining the amount of any civil penalty, the Board or its designee shall consider: (i) the history of previous violations at the animal shelter; (ii) whether the violation has caused injury to, death or suffering of, an animal; and (iii) the demonstrated good faith of the animal shelter to achieve compliance after notification of the violation. All civil penalties assessed under this section shall be recovered in a civil action brought by the Attorney General in the name of the state of Hawaii. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the purposes of this chapter.

K. If this chapter or any laws governing animal shelters are violated, the Commissioner may bring an action to enjoin the violation or threatened violation of this chapter or the regulations pursuant thereto regarding animal shelters, in the circuit court where the animal shelter is located. The Commissioner may request the Attorney General to bring such an action, when appropriate.

L. Each offense carries a fine of $50 for every day for EACH violation of this act Payable to the county in which the offense took place, (after a period of 30 days of non compliance) (not to exceed $250. for Non-County/State Funded Animal Shelters), funds will be placed into the Hawaii Humane Dept. Funding Pool.

M. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-49. Releasing agencies other than pounds or animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties

A. A releasing agency other than a pound or animal shelter:

1. May confine and dispose of companion animals in accordance with subsections B through G of § 3.2-46; and

2. Shall keep accurate records of each companion animal received for two years from the date of disposition of the companion animal. Records shall: (i) include a description of the companion animal including species, color, breed, sex, approximate weight, age, reason for release, owner's or finder's name, address and telephone number, license number or other identifying tags or markings, as well as disposition of the companion animal; and (ii) be made available upon request to the Department, animal control officers, and law-enforcement officers at mutually agreeable times. A releasing agency other than a pound or animal shelter shall submit a summary of such records to the State Veterinarian annually in a format prescribed by him, wherein a post office box may be substituted for a home address.

3. For purposes of recordkeeping, release of a companion animal by a releasing agency to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

B. Each releasing agency other than a pound or animal shelter shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and each such releasing agency shall update such statement as changes occur.

C. No releasing agency other than a pound or animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that the foster care provider has never been convicted of animal cruelty, neglect, or abandonment, and such releasing agency shall update the statement as changes occur. A releasing agency other than a pound or animal shelter shall maintain the original statement and any updates to such statement for so long as the releasing agency has an affiliation with the foster care provider.

D. A releasing agency other than a pound or animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-03.

E. If a releasing agency other than a pound or animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the area where the foster care provider is located.

Any releasing agency other than a pound or animal shelter that finds a companion animal or receives a companion animal that has not been released by its owner and: (i) provides care or safekeeping; or (ii) takes possession of such companion animal shall, within 24 hours:

a)Make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, or other identification or markings, or if the owner of the companion animal is otherwise known to the releasing agency; and

b)Notify the pound that serves the locality where the companion animal was found and provide to the pound contact information including at least a name and a contact telephone number, a description of the companion animal including at least species, breed, sex, size, color, information from any tag, license, collar, tattoo, or other identification or markings, and the location where the companion animal was found.

G. A releasing agency other than a pound or animal shelter shall comply with the provisions of § 3.2-03.

H. No releasing agency other than a pound or animal shelter shall be operated in violation of any local zoning ordinance.

I. A releasing agency other than a pound or animal shelter that violates any provision of this section, other than subsection G, may be subject to a civil penalty not to exceed $250.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-50. Requirements for foster homes; penalty

In addition to any other requirements of this chapter, foster homes shall be subject to the following:

1. No foster home shall be operated in violation of any local zoning ordinance; and

2. No foster home shall keep more than 10 companion animals, per acre, on-site at one time.

3. Each offense carries a fine of $100 for every day for EACH violation of this act Payable to the county in which the offense took place, funds will be placed into the Hawaii Humane Dept. Funding Pool.


4. Failure to pay with-in 30 days will result in loss of right to operate in the state of Hawaii following 31 days of non-compliance.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-51. Notification by individuals finding companion animals; penalty

A. Any individual who finds a companion animal and: (i) provides care or safekeeping; or (ii) retains a companion animal in such a manner as to control its activities shall, within 24 hours:

Make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, or other form of identification or markings, or if the owner of the animal is otherwise known to the individual; and

Notify the pound that serves the locality where the companion animal was found and provide to the pound contact information including at least a name and a contact telephone number, a description of the animal including information from any tag, license, collar, tattoo, or other identification or markings, and the location where the companion animal was found.

B. If an individual finds a companion animal and: (i) provides care or safekeeping; or (ii) retains a companion animal in such a manner as to control its activities, the individual shall comply with the provisions of § 3.2- 03.

C. Any individual who violates this section may be subject to a civil penalty of $500 per companion animal.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-52. Dogs killing, injuring or chasing livestock or poultry

 It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog.

Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate serving the locality wherein the dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be: (i) killed immediately by the animal control officer or other officer designated by the court; or (ii) removed to another state and prohibited from returning to the Hawaii.

§ 3.2-53. Compensation for livestock and poultry killed by dogs

Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl if: (i) the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of (ii) or (iii) or both provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim. Upon payment under this section the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the dog and may enforce the same in an appropriate action at law.

§ 3.2-54. Disposal of dead companion animals

The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If, after notice, any owner fails to do so, the animal control officer or other officer shall bury or cremate the companion animal, and he may recover on behalf of the local jurisdiction from the owner his cost for this service.


 
Article 6. Mandatory Sterilization of Dogs and Cats Adopted from Releasing Agencies

§ 3.2-74. Sterilization of adopted dogs and cats; enforcement; civil penalty

A. Every new owner of a dog or cat adopted from a releasing agency shall cause to be sterilized the dog or cat pursuant to the agreement required by subdivision 2 of subsection B of this article.

B. A dog or cat shall not be released for adoption from a releasing agency unless:

1. The animal has already been sterilized; or

2. The individual adopting the animal signs an agreement to have the animal sterilized by a licensed veterinarian: (i) within 30 days of the adoption, if the animal is sexually mature; or (ii) within 30 days after the animal reaches six months of age, if the animal is not sexually mature at the time of adoption.

C. A releasing agency may extend for 30 days the date by which a dog or cat must be sterilized on presentation of a written report from a veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and the releasing agency may negotiate the terms of an extension of the date by which the animal must be sterilized.

D. Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the releasing agency, and the new owner.

E. Upon the petition of an animal control officer, Humane Officer, the State Veterinarian or a State Veterinarian's representative to the district court of the county or city where a violation of this article occurs, the court may order the new owner to take any steps necessary to comply with the requirements of this article. This remedy shall be exclusive of and in addition to any civil penalty that may be imposed under this article.

F. Any person who violates subsection A or B of this section shall be subject to a civil penalty of $500.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-75. Sterilization agreement

Any agreement used by a releasing agency pursuant to subsection B of § 3.2- 74 shall contain:

1. The date of the agreement;

2. The names, addresses, and signatures of the releasing agency and the new owner;

3. A description of the dog or cat to be adopted;

4. The date by which the dog or cat is required to be sterilized; and

5. A statement printed in conspicuous, bold print, that sterilization of the dog or cat is required under this article; that a person who violates this article is subject to a $500. civil penalty; and that the new owner may be compelled to comply with the provisions of this article.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.


§ 3.2-76. Sterilization confirmation; civil penalty

Each new owner who signs a sterilization agreement shall, within seven days of the sterilization, cause to be delivered or mailed to the releasing agency written confirmation signed by the veterinarian who performed the sterilization. The confirmation shall briefly describe the dog or cat; include the new owner's name and address; certify that the sterilization was performed; and specify the date of the procedure. Any person who violates this section shall be subject to a civil penalty of $500.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.

§ 3.2-77. Notification concerning lost, stolen or dead dogs or cats; civil penalty

If an adopted dog or cat is lost or stolen or dies before the animal is sterilized and before the date by which the dog or cat is required to be sterilized, the new owner shall, within seven days of the animal's disappearance or death, notify the releasing agency of the animal's disappearance or death. Any person who violates this section shall be subject to a civil penalty not to exceed $25.

§ 3.2-78. Exemptions

This article shall not apply to:

1. An owner reclaiming his dog or cat from a releasing agency;

2. A releasing agency within a locality that has adopted a more stringent mandatory sterilization ordinance; and

3. A local governing body that has disposed of an animal by sale or gift to a federal agency, state-supported institution, agency of the state of Hawaii, agency of another state, or licensed federal dealer having its principal place of business located within the state of Hawaii.

§ 3.2-79. Releasing agency; fees and deposits

A local governing body or releasing agency may charge and collect from the new owner a fee or deposit before releasing a dog or cat for adoption to ensure sterilization.

§ 3.2-80. Civil penalties


Any animal control officer, Humane Officer, releasing agency, the State Veterinarian or State Veterinarian's representative shall be entitled to bring a civil action for any violation of this article that is subject to a civil penalty.

Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-1.5.

Compliance and enforcement shall be dictated by the HHD pursuant to § 3.2-1.4.


 
Article 7 General Provisions and Definitions of Terminology

 § 3.2-1.1 Definitions

 As used in this subtitle, unless the context requires a different meaning:

 "Accredited veterinarian" means a veterinarian approved by the Administrator of the U.S. Department of Agriculture in accordance with 9 C.F.R. Part 161, which includes the authority to issue health certificates.

 "Animal" means any organism of the kingdom Animalia, other than a human being.

 "Hatching egg" means any egg of any chicken, turkey, waterfowl, or game bird, or the egg of any other avian species that is used or intended to be used for hatching purposes.

 "Horse" means any stallion, colt, gelding, mare, or filly.

 "Livestock" includes all domestic or domesticated bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.2-00; enclosed rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

 "Passport" means a document that may be used in lieu of a Certificate of Veterinary Inspection and shall contain animal identifiers and health maintenance history such as vaccinations and laboratory tests.

 "Poultry" includes all domestic fowl and game birds raised in captivity.

 "State Veterinarian" means the veterinarian employed by the Commissioner as provided in § 3.2-1.

 "State Veterinarian's representative" means any person who is either: (i) an employee of the Department under the direction of the State Veterinarian; or (ii) a veterinarian deputized pursuant to § 3. 2-1b

 § 3.2-1.2 State Veterinarian and representatives

 The Commissioner shall employ and direct a veterinarian who shall be known as the State Veterinarian, whose duties shall be to carry out the laws of the state of Hawaii and the regulations of the Board and the Commissioner. The State Veterinarian and his representatives shall have the power to carry into effect all lawful orders given by the Board or the Commissioner.

 The State Veterinarian may deputize, for a specific period of time, licensed veterinarians, veterinarians employed by a licensed College of Veterinary Medicine, and veterinarians in the employment of the U.S. Department of Agriculture.

 § 3.2-1.3 Certificate of veterinary inspection required for importation of certain pet animals; examination; exceptions; penalty

 A. It shall be unlawful for any person to import in the state of Hawaii from another state any pet animal, including dogs, cats, monkeys, or other animals, ferae naturae, wild or tame under domestication or in custody, or any poultry not intended for commercial use that by its nature is fit for use only as a pet, unless such animal is accompanied by a certificate of veterinary inspection issued by an accredited veterinarian. Such certificate shall be on an official interstate certificate of veterinary inspection issued by the state of origin, shall be dated no more than 10 days before shipment, and shall contain such evidence of proof of the health of the animal as the Board, by regulation, may require.

 B. Any animal imported into the state of Hawaii without a certificate may be examined immediately by the State Veterinarian, his representative, or a licensed veterinarian designated by him, and the examination cost may be charged to the owner or the person in possession of the animal. If, in the opinion of the State Veterinarian or his representative, there is danger from contagion or infection, the animal may be placed in quarantine at the expense of the owner until all danger of infection or contagion has passed, whereupon the animal shall be released upon the order of the State Veterinarian or his representative.

 C. The provisions of this section shall not apply to any ornamental aquarium fish or invertebrate animal, or an animal accompanied by a passport approved by the State Veterinarian. The provisions of this section shall also not apply to: (i) any animal as herein defined passing directly through the state of Hawaii to another state in interstate commerce, or when such animal is kept properly under control by its owner or custodian when passing through the state of Hawaii to another state; (ii) any animal brought into the state of Hawaii by a resident or by a resident of another state who intends to make his residence in the state of Hawaii except if brought into the state of Hawaii with the intent of offering it for public sale, trade, or promotional incentive; or (iii) to any animal brought into the state of Hawaii temporarily for the purpose of hunting or legal exhibition within this state.

 D. Any person who violates any of the provisions of this section is guilty of a Class 1 misdemeanor.

 § 3.2-2.1 Definitions

 As used in this chapter unless the context requires a different meaning:

 “Abandon” means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in § 3.2-03 for a period of five consecutive days.


 “Adequate care” or “care” means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

 “Adequate exercise” or “exercise” means the opportunity for the animal to move sufficiently a minimum of 2 hours per day to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

 “Adequate feed” means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

 “Adequate shelter” means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals' feet to pass through the openings; (ii) sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

 “Adequate space” means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, “adequate space” means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

 “Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

 “Adoption” means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual.

 “Agricultural animals” means all livestock and poultry.

 “Ambient temperature” means the temperature surrounding the animal.

 “Animal” means any nonhuman vertebrate species except fish. For the purposes of § 3.2-22, animal means any species susceptible to rabies. For the purposes of § 3.2-70, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

 “Animal control officer” means a person appointed as an animal control officer or deputy animal control officer as provided in § 3.2-1.4

 “Animal shelter” means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

 “Boarding establishment” means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee.

 “Collar” means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.

 “Commercial animal breeder” means any person who, during any 12-month period, maintains 1 or more adult female animals for the primary purpose of the sale of their offspring as companion animals. Receiving monetary fund for the sale of animals thru online websites, printed material, word of mouth or thru a stationary business building. A Commercial animal breeder is defined as anyone who sells any animal and receives money, regardless of how they came into contact with the animal.

 “Commercial animal license” means the annual license that is required by a commercial animal breeder, a dealer, a pet shop owner or anyone else in the business of selling animals for a profit, the Commercial animal license must be obtained for each retail location, breeder premises or where animals are kept or held, operated by each person and must be renewed every year before the expiration date, and must be displayed in full view of patrons.

 “Companion animal” means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, horses, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals for the purpose of human food, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

 “Consumer” means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term “consumer” shall not include a business or corporation engaged in sales or services.

 “Dealer” means any person who does business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier; or (ii) any person who works for a non-profit animal shelter whose primary purpose is to find permanent adoptive homes for companion animals. Dealers must obtain a commercial animal business license in order to operate in the state of Hawaii.

 “Direct and immediate threat” means any clear and imminent danger to an animal's health, safety or life.

 “Dump” means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.

 “Emergency veterinary treatment” means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.

 “Enclosure” means a structure used to house or restrict animals from running at large.

 “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness.

 “Exhibitor” means any person who has animals for or on public display, excluding an exhibitor licensed by the U.S. Department of Agriculture.

 “Facility” means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept.

 “Farming activity” means, consistent with standard animal husbandry practices, the raising, management, and use of agricultural animals to provide food, fiber, or transportation and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes.

 “Foster care provider” means an individual who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, or other releasing agency.

 “Foster home” means a private residential dwelling and its surrounding grounds at which site through an affiliation with a pound, animal shelter, or other releasing agency care or rehabilitation is provided for companion animals.

 “Groomer” means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.

 “Hawaii dangerous dog registry” means an online website registry that lists dogs deemed dangerous by§ 3.2-42.

 “Hawaii Humane Department (HHD)” means a Hawaii Animal Officer Department which will oversee the laws of Hawaii regarding animal laws in the state of Hawaii. This unit is separate and does NOT come under the police department’s jurisdiction, but is a separate arm of law enforcement working together with the police departments of Hawaii in every county, and whose Officers are certified by the Police Department.

 “Hawaii Humane Dept. Funding Pool, (HHDFP)” means a Hawaii state funding pool generated in part thru monies taken by violations of Hawaii animal laws & animal licensing, in order to fund Humane Officers in every county of Hawaii. This pool will fund a Humane Dept. in every region of Hawaii in order to ensure compliance of Hawaii Animal Laws, as provided in § 3.2-1.5.This funding will NOT go to any Humane Societies or other non-profit groups, nor will any funds go to any other source outside of the HHD.

 “Home-based rescue” means any person that accepts: (i) more than 12 companion animals; or (ii) more than nine companion animals and more than three un-weaned litters of companion animals in a calendar year for the purpose of finding permanent adoptive homes for the companion animals and houses the companion animals in a private residential dwelling or uses a system of housing companion animals in private residential foster homes.

 “Humane” means any action taken in consideration of and with the intent to provide for the animal's health and well-being.

 “Humane Officer” means a person who has been trained and appointed by the Hawaii Humane Dept.,, and certified in weapons training by the police department or the city or county as a Humane Officer as provided in § 3.2-58.


 “Humane society” means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals.

 “Kennel” means any establishment in which three (3) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.

 “Law-enforcement officer” means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the state of Hawaii or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the state of Hawaii. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.

 “Livestock” includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.2-00; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

 “New owner” means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.2-74, and who adopts or receives a dog or cat from a releasing agency.

 “Offspring” means any animals born of same specie animals.

 “Ordinance” means any law, rule, regulation, or ordinance adopted by the governing body of any locality.

 “Other officer” includes all other persons employed or elected by the people of the state of Hawaii, or by any locality, whose duty it is to preserve the peace, to make arrests, or to enforce the law.

 “Owner” means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

 “Per animal sale permit” means a special permit fee paid to the HHIU for each animal that is sold.

 “Pet shop” means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

 “Poultry” includes all domestic fowl and game birds raised in captivity.

 “Pound” means a facility operated by the state of Hawaii, or any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any locality or incorporated society for the prevention of cruelty to animals.

 “Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

 “Properly cleaned” means that carcasses, debris, food waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

 “Properly lighted” when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals.

 “Properly lighted” when referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.

 “Releasing agency” means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption.

 “Research facility” means any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.

 “Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

 “Sore” means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by Hawaii Statutes.

 “Sterilize” or “sterilization” means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.

 “Tethering” keeping a dog on a chain, rope, or tying them up in any way for over 1 hour.

 “Treasurer” includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city.

 “Treatment” or “adequate treatment” means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.

 “Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.

 “Weaned” means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five days.

 § 3.2-2.2 Regulations and guidelines

 The Board may adopt regulations and guidelines consistent with the objectives and intent of this chapter concerning the care and transportation of animals.

 § 3.2-2.3 State Veterinarian's power to inspect premises where animals are kept; investigations and search warrants


 A. The State Veterinarian and each State Veterinarian's representative shall have the power to conduct inspections of animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, pound, or the business premises of any dealer, exhibitor or groomer, without notice, at any reasonable time, for the purposes of determining if a violation of: (i) this chapter; (ii) any other state law governing the care, control or protection of animals; or (iii) any other state law governing property rights in animals has occurred.

 B. Provisions for investigation of suspected violations of this chapter and other laws pertaining to animals are provided in § 3.2-64. Provisions for obtaining a warrant and the power of search for violations of animal cruelty laws are provided in § 3.2-68.