For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended:

“Animal” means any fowl, reptile, or mammal other than a human being.

“Animal control officer” means the person or persons designated by the mayor or his authorized representative to enforce this chapter.

“Animal shelter” means the facility or facilities designated by the County for the purpose of impounding and caring for animals.

“At large” means a situation where a dog is off the real property of the owner and is not under restraint.

“Attack” means aggressive physical contact initiated by a dog which includes, but is not limited to pouncing on, biting, or scratching.

“Board” means the animal control board created pursuant to section 6.04.095.

“Bodily injury” means the same as that term is defined in section 707-700, Hawaii Revised Statutes.

“Dangerous dog” means any dog which attacks a person while on or off the owner’s property, or a domestic animal while off the owner’s property causing bodily injury to the person or serious injury or death to a domestic animal, or behaves in a manner that a reasonable person would believe poses an imminent threat of bodily injury to one or more persons or serious injury or death to domestic animals. A dog’s breed shall not be considered in determining whether or not it is dangerous. Mere growling or barking or a combination of both shall not constitute grounds upon which to find a dog to be dangerous.

“Enforcement officer” means any law enforcement officer, any employee of the County authorized to enforce this chapter, and any employee of the humane society authorized to enforce this chapter.

“Excessive barking” means continuous and/or incessant barking, baying, crying, howling, or any other noise which disturbs any person at any time of day or night for ten consecutive minutes or intermittently for twenty minutes; provided, however, that barking shall not be deemed excessive if such barking is the result of a trespass or threatened trespass by a person or persons on private property on which the dog is situated or is the result of a person teasing or otherwise provoking the dog.

“Guide dog,” “service dog,” and “signal dog” shall have the same meaning as defined in Hawaii Revised Statutes section 515-3.

“Humane manner” means care sufficient to preserve the health and well being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to the following requirements:

1. Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

2. Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs;

3. Access to a barn, dog house or other suitable shelter sufficient to protect the animal from wind, rain or sun and with adequate bedding to protect from wet and dampness;

4. Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease;

5. Adequate space for exercise necessary for the health of the animal consistent with prudent animal care practices and access to a dry place for the animal to rest;

6. If confined, confinement area kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health and air temperature suitable for the animal involved.

The owner is responsible for finding the animal another home or turning it over to the humane society if the owner cannot care for the animal.

“Impound” means to seize and take physical custody of an animal, and place it in the care of the humane society or public pound.

“Licensing authority” means the department of finance.

“Neutered” means rendered permanently incapable of reproduction.

“Nuisance” means a dog that damages, soils, defiles, or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks, or interferes with persons or other animals on property other than the owner’s.

“Officer” means the animal control officer.

“Owner” means every person owning, harboring, or keeping an animal; provided, that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrefutably presumed to be the owner.

“Person” means any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

“Under restraint” means kept on real property that is fully enclosed, with the express consent of the property owner; or kept within a kennel or other enclosure with secure sides, top, and bottom; or kept secured by a leash on real property with the express consent of the owner; or kept secured by a leash or lead of not more than ten feet in length held by or tied to a responsible person; or, if in the bed of a truck, secured to prevent the dog from climbing or falling out of the truck bed. (Ord. 2922 § 1, 2000; Ord. 2578 § 2, 1997: Ord. 1914 § 1, 1990: Ord. 1482 § 2 (part), 1985)

A. No person shall own, keep, or harbor any dog over four months of age within the County unless such dog is licensed. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government operated or licensed animal shelter.

B. Application for a license must be made within thirty days after obtaining a dog over four months of age, except that this requirement will not apply to a nonresident keeping a dog within the County for no longer than sixty days.

Application for a dog license shall be made to the licensing authority. Applicants shall present picture identification and provide the licensing authority with the name, breed, color, age and sex of the dog. If any dog is certified as a guide, signal, or service dog, such certification shall be indicated. Applicants also shall present a veterinarian’s certificate certifying that the dog has been neutered and pay the prescribed licensing fee.

C. The licensing period shall be for two years. License renewal may be applied for within sixty days prior to the expiration date in accordance with section 143-3 of the Hawaii Revised Statutes, as amended. New residents must apply for a license within thirty days of establishing residence.

D. A license shall be issued after payment of a fee as provided for in the annual budget ordinance of the County for each unneutered dog and for each neutered dog. Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a delinquent fee as provided for in the annual budget ordinance of the County.

E. License fees may be waived by the licensing authority for government-owned dogs used for law enforcement. All other licensing provisions shall apply.

F. Upon acceptance of the license application and fee, the licensing authority shall issue a durable license tag including an identifying number, year of issuance, city, county and state. The fee for the tag shall be as provided for in the annual budget ordinance of the County. The license tag must be attached to the collar of the dog and worn at all times, except when the dog is actively engaged in hunting. The license tag is not transferable. The licensing authority shall maintain a record of all licenses issued, and such records shall be available to the public. (Ord. 2578 § 3, 1997: Ord. 1503 § 1, 1985; Ord. 1482 § 2 (part), 1985)

A. The officer may revoke any license if the person holding the license refuses or fails to comply with this chapter, the regulations promulgated by the officer or any other law governing the protection and keeping of animals.

B. If an applicant is shown to have withheld or falsified any material information on the application, the licensing authority may refuse to issue or may revoke a permit or license. (Ord. 1482 § 2 (part), 1985)

A. An owner of a dog shall keep the dog under restraint, except the following:

1. A dog being used by law enforcement agencies for law enforcement purposes;

2. A dog used during hunting; accompanied by its owner, and used with the consent of the owner of the real property upon which the hunting occurs; and

3. A dog used during organized competitions, or during training for such competitions, accompanied by its owner, and used with the consent of the owner of the real property upon which the dog is used.

B. An owner of an animal shall treat the animal in a humane manner.

C. An owner of a dog shall not allow the dog to cause a nuisance. The owner shall be held responsible for every behavior of such dog under the provisions of this chapter.

D. No person shall abandon an animal.

E. An owner of a dog shall not intentionally, knowingly, recklessly, or negligently permit the dog to:

1. Attack a person or domestic animal; or

2. Behave in a manner that a reasonable person would believe poses an imminent threat of bodily injury to a person or serious injury or death to a domestic animal. The terms “negligently”, “intentionally”, “knowingly”, and “recklessly” shall have the same meaning as are ascribed to the terms in section 702-206, Hawaii Revised Statutes.

F. No person shall own, harbor, train, or use any dog for the purpose of dog fighting. (Ord. 2922 § 3, 2000: Ord. 2578 § 4, 1997: Ord. 1914 § 2, 1990: Ord. 1482 § 2 (part), 1985)

When a dog is deemed dangerous, the owner shall comply with the following conditions of ownership:

A. Immediately and at all times, an owner of a dangerous dog shall inform the humane society of the address of the property where the dog is kept and any change of address and shall restrict the movement of the dog as follows:

1. The dog shall be confined to the owner’s home within a structure not open to the public, where the dog cannot exit the structure on its own volition; provided that screen door or window screens shall not be deemed to prevent the dog from exiting the structure; or

2. When outdoors, the dog shall be confined within a locked fenced area consisting of a fully enclosed structure with secure sides, top, and bottom from which it cannot escape; or

3. When outdoors the dog shall be attended and kept on a leash of not more than three feet in length with a minimum tensile strength of three hundred pounds held by or attached to a responsible person eighteen years of age or older and, in addition, the dog shall be muzzled with a muzzling device which prevents the dog from biting, and does not injure the dog, and does not interfere with its vision or breathing.

B. Within ten days, the owner of a dangerous dog shall post a sign or signs indicating “beware of dangerous dog” in a prominent and clearly visible place at the access to the real property where the dog is kept, and on the building or structure in which the dog is confined. In addition to these locations, the board may order additional signs to be placed at additional locations as deemed necessary, advising the public of the presence and dangerous nature of the dog.

C. Within ten days, the owner of a dangerous dog shall procure liability insurance in an amount not less than $50,000 to cover the medical and/or veterinary cost resulting from potential future actions of the dog. The insurance policy shall provide that the policy shall not be canceled unless thirty days’ written notice is first given to the board and the humane society. Proof of said insurance shall be provided to the board and to the humane society. The owner of a dangerous dog shall produce evidence of the insurance policy upon request of any enforcement or police officer.

D. The owner of a dangerous dog shall:

1. Notify the humane society within twenty-four hours after the owner knows or reasonably should know that the movement of the dog was not restricted as required by this section, or that the dog attacked a human being or domestic animal.

2. Upon the death of a dangerous dog, notify the humane society immediately and make the body available for identification.

3. Advise the humane society before selling or giving the dangerous dog away. The new owner will be given a dangerous dog notice and shall be subject to all applicable laws. It is a violation of this law for any person to transfer ownership of a dangerous dog from such person to another person without compliance with this procedure.

4. Advise the humane society of any claims or lawsuits resulting from further instances of attack by the dangerous dog.

5. Within thirty days, permanently identify the dangerous dog by injecting into the dog an identification microchip using standard veterinary procedures and practices, which microchip shall include an identification number for the dog and the identification of the person performing the procedure to be registered with the humane society.

6. Accompanied by the dog, attend, and complete within six months training sessions conducted by an animal behaviorist, a licensed veterinarian or other recognized expert in the field. The owner shall be responsible for all costs associated with the evaluation and training ordered.

7. Within thirty days, neuter or spay the dog at the owner’s expense, unless medically contraindicated.

E. If an enforcement officer has probable cause to believe that a dog is dangerous, the officer may give the owner of the dog a written notice that the dog is a dangerous dog, and is subject to the conditions of ownership as a dangerous dog. The notice shall state that the owner may, within ten days, submit to the board a written request for a hearing to dispute the designation of the dog as a dangerous dog. After receiving the request for a hearing, the board shall hold a hearing and, after the hearing, shall notify the owner in writing of its decision. A decision of the board that a dog is not a dangerous dog, shall not preclude a subsequent designation of the dog as a dangerous dog for other cause.

F. If an enforcement officer has probable cause to believe that a dog has attacked a person or domestic animal, or that the dog has behaved in a manner that a reasonable person would believe poses an imminent threat of bodily injury to a person or of serious injury or death to a domestic animal, the officer may immediately have the dog seized and impounded, and issue a notice to the owner to report to the board. At the owner’s request, such impoundment may be at the premises of a licensed veterinarian or at a commercial kennel of the owner’s choice. All expenses of the boarding and retention of the dog shall be borne by the owner.

G. In the event the owner fails to appear before the board at the time and place cited in the notice, the ownership of the dog shall be deemed forfeited and the board may thereafter order disposition of the dog as it deems appropriate. Notwithstanding any forfeiture of ownership or voluntary relinquishment of ownership of the dog, the owner shall remain responsible for all expenses of boarding the dog and any fees which may be imposed by the board.

H. The regulations in this section shall be in addition to other regulations under this chapter.

I. Any enforcement officer is empowered to make such inquiries as are deemed necessary to ensure compliance with this section, and may enter upon private property for purposes of inspecting the premises for compliance with this section.

J. All dogs designated as “vicious” dogs by the humane society prior to the enactment of ordinance 2922, shall be re-designated as “dangerous dogs” as defined by section 6.04.010, and shall be subject to this section. (Ord. 3094 § 1, 2002: Ord. 2922 § 4, 2000: Ord. 2578 § 5, 1997: Ord. 1914 § 3, 1990)

A. Any dog found running at large, and any dangerous dog which is not restricted in movement as required by this chapter, shall be seized and impounded by the enforcement officer in an animal shelter and confined in a humane manner. The enforcement officer may slay any previously adjudicated dangerous dog which cannot be safely tranquilized and seized. Immediately upon impounding a dog, the enforcement officer shall notify the owner and inform such owner of the conditions whereby custody of the animal may be regained.

Licensed dogs not claimed by their owners within a period of nine days, or unclaimed, unlicensed dogs after two days in which the shelter is open to the public shall become the property of the County.

B. If an unclaimed animal is sold to a new owner, the original owner may reclaim the animal within thirty days from the date of sale upon payment of the purchase price paid by the purchaser, impoundment fees and any related costs as determined by the humane society.

C. A court of competent jurisdiction may order that a dangerous dog be seized, impounded, and euthanized if the owner of the dog fails to comply with this chapter and if, in the court’s judgment, the dog presents a continuing threat of serious harm to human beings or animals.

D. In the event that an enforcement officer finds animals to be suffering, he shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner’s expense or to euthanize them when necessary to prevent further suffering. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.

E. Disposal of an animal by any method specified in this chapter does not relieve the owner of liability for violations and any accrued charges. (Ord. 3094 § 2, 2002; Ord. 2922 § 5, 2000; Ord. 2578 § 6, 1997: Ord. 1914 § 4, 1990: Ord. 1503 § 2, 1985; Ord. 1482 § 2 (part), 1985)

A. Any animal impounded may be redeemed by the owner thereof upon payment of an impoundment fee as established in the annual budget ordinance of the county, subject to the requirements of this chapter. Where a dog is impounded after having been found running at large, the owner may be relieved of the impoundment fee if the Humane Society finds that such owner was not at fault for allowing the dog to run at large.

B. Any animal confined for quarantine purposes, evidence, or other purpose may be redeemed by the owner thereof upon payment of a fee as established in the annual budget ordinance of the county.

C. No animal required to be licensed under this ordinance may be redeemed until provisions for such licensing have been fulfilled. (Ord. 1914 § 5, 1990: Ord. 1482 § 2 (part), 1985)

An adoption fee as established in the annual budget ordinance of the County shall be assessed at the time of adoption. No dog or cat shall be released for adoption as a pet without being neutered or without a written agreement from the adopter guaranteeing that the dog or cat will be neutered. The humane society shall reclaim a dog or cat when the agreement has been violated by failure to neuter the animal. Licensing fees and veterinary costs may be assessed above and beyond the adoption fee. (Ord. 2578 § 7, 1997: Ord. 1482 § 2 (part), 1985)

No person shall interfere with, hinder, or molest any officer in the performance of any duty as provided in this chapter. Any person violating this section is guilty of a misdemeanor and shall be subject to a fine of not more than $1,000. (Ord. 1482 § 2 (part), 1985)

Pursuant to section 143-7 of the Hawaii Revised Statutes, the council authorizes the mayor of the county or his authorized representative to establish, designate as volunteers, and hire animal control officers, subject to the limitations contained in the annual budget ordinance. All animal control officers shall have the powers of a sheriff or police officer in carrying out this chapter, chapter 6.08 of this code, and chapter 143 of the Hawaii Revised Statutes. (Ord. 1914 § 7, 1990: Ord. 1482 § 2 (part), 1985)

A. Establishment. There shall be and is created an animal control board consisting of five members who shall be appointed by the mayor with the approval of the county council.

The membership of the board shall consist of the following:

1. One member who is a registered and licensed veterinarian in the State of Hawaii; and

2. Four members of the general public.

B. Terms and operations. The members of the board shall serve for staggered terms of three years beginning on April 1 and ending on March 31 three years thereafter. The board shall select a chairperson and vice chairperson annually.

Any vacancy occurring due to the expiration of a member’s term shall be filled in accordance with section 13-2.17 of the Maui County Charter.

C. Powers, duties, and responsibilities.

1. The jurisdiction of the board shall be:

a. To hear and determine appeals from decisions concerning dangerous dogs as set forth in sections 6.04.045 and 6.04.050, and from any order issued by an enforcement or animal control officer relating thereto.

b. To conduct hearings on notices issued pursuant to subsections 6.04.045, F and G, and thereafter, determine the status and disposition of the dog.

2. The board may reconsider, reverse, affirm, or modify, wholly or partly, any decision appealed from. Exceptions or modifications from the strict application of the provisions of sections 6.04.045 and 6.04.050 may be granted only if the board finds:

a. That the strict application, operation, or enforcement of the provision being appealed from would result in practical difficulty or unnecessary hardship to the appellant; and

b. That an exception, reversal, or modification will not jeopardize life, limb, or property.

D. Compensation. Members of the board shall not be compensated, but the members shall be reimbursed for expenses incurred in accordance with established County procedures.

E. Procedure. The proceedings of the board shall be subject to the provisions of chapter 91, Hawaii Revised Statutes, as amended. The board shall adopt rules for conducting its meetings, hearings, and investigations in conformity therewith and impose reasonable fees to cover the costs of its proceedings.

F. Fee. Any appeal to the board shall be accompanied by a fee as set forth in the annual budget. (Ord. 3177 § 1, 2004; Ord. 2922 § 7, 2000)

The mayor or his authorized representative is authorized to promulgate rules to implement the intent of this chapter. (Ord. 1914 § 8, 1990: Ord. 1482 § 2 (part), 1985)

A. Any person convicted of a violation of any section or provision of this chapter, except the provisions relating to excessive barking dogs and dangerous dogs, shall be fined not more than $500. The minimum fine shall be as follows: for a first violation, a fine of not less than $50; for a second violation within five years after a prior violation under this section, a fine of not less than $100; and, for a third violation within five years after two prior violations under this section, a fine of not less than $200.

B. Any person convicted of a violation of any section or provision of this chapter relating to excessive barking dogs shall be fined not more than $500. The minimum fine shall be as follows: for a first violation, a fine of not less than $100; for a second violation within five years after a prior violation under this section, a fine of not less than $200; and, for a third violation within five years after two prior violations under this section, a fine of not less than $500.

C. Any person convicted of a violation of any section or provision of this chapter relating to dangerous dogs shall be fined not more than $1,000 and imprisoned not more than thirty days. The minimum sentence shall be as follows: for a first violation, a fine of not less than $200; for a second violation within five years after a prior violation under this section, a fine of not less than $500; and, for a third violation within five years after two prior violations under this section, a fine of not less than $1,000. In addition, a court may require restitution for damages caused by a dangerous dog; provided, that this section shall not preclude a person damaged by a dangerous dog from pursuing a civil remedy.

D. The portion of the fine equal to the minimum fine shall not be suspended.

E. A successive violation of the same owner involving different dogs shall be considered a subsequent and not a first violation.

F. For purposes of this Section 6.04.110, a violation is defined to include the payment of a fine directly to the district court or the finding of guilt by a court after a contested hearing. (Ord. 3094 § 3, 2002; Ord. 2922 § 8, 2000; Ord. 2785 § 1, 1999: Ord. 2578 § 8, 1997: Ord. 1914 § 9, 1990)