§142-12 Penalties. (a) Any person violating any provision of this chapter or any rule adopted pursuant thereto, for which action a penalty is not otherwise provided, is guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) For the first conviction, by a fine of not more than $1,000 or by imprisonment of not more than one year, or both.
(2) For a second conviction within one year of a previous conviction, by a fine of not less than $500 nor more than $1,000 or by imprisonment of not more than one year, or both.
(3) For a third conviction within five years of the first conviction, by a fine of not less than $1,000 or by imprisonment of one year, or both.
(b) Any person, carrier, or handler who has been convicted of a violation of this chapter more than three times within a five-year period or whose violation poses a grave or serious health threat to the State's citizens, animal industry, wildlife, or domestic animals, shall be guilty of a class C felony and upon conviction shall be punished as follows:
(1) For the first conviction, by a fine of not more than $5,000 or by imprisonment of not more than five years, or both.
(2) For a second conviction within five years of a previous conviction, by a fine of not less than $3,000 nor more than $5,000 or by imprisonment of not more than five years, or both.
(3) For a third or subsequent conviction within five years of the first conviction, by a fine of not less than $5,000 or by imprisonment of not more than five years, or both.
(c) In addition to the penalties in subsection (a) or (b) and for the first conviction, the department of agriculture may impound, seize, confiscate, destroy, quarantine, sell, auction, or dispose of any animal, animal product, container, crate, or any other item under the jurisdiction of this chapter in the best interest of the State.
(d) Persons found to be in possession of any animal, fodder, fittings, or effects contrary to this chapter shall be found guilty and upon conviction shall be punished in accordance with this section. [L 1882, c 34, §8; am L 1903, c 8, §1; RL 1925, §621; RL 1935, §216; RL 1945, §1066; RL 1955, §20-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-12; am L 1972, c 86, §2; am L 1983, c 130, §1; am L 1986, c 262, §1]
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
142. Animals, Brands, and Fences
142-1 Information and statistics.
142-3.6 Animal industry special fund.
142-4 Entry of animals without inspection prohibited.
142-7 Breeding in quarantine prohibited.
142-8 Notification of arrival.
142-9 Quarantine between islands.
142-10 Importing prohibited, when.
142-11 Forfeiture of animals, etc.
142-13 Reporting disease; penalty.
142-14 Sale of diseased animals; penalty.
142-16 Dairy and breeding cattle; tuberculin tests.
142-17 Branding of tuberculous cattle.
142-18 Disposal of tuberculous animals.
142-19 Indemnification for tuberculous animals.
142-20 Premises from which tuberculous cattle removed to be disinfected.
142-21 Cooperation with federal authorities.
142-22 Anaplasmosis; indemnity for slaughtered cattle.
142-23 Brucellosis testing; indemnity for slaughtered cattle.
142-23.1 Hog cholera eradication; indemnity.
142-23.5 Garbage feeding prohibited; penalty.
142-28.5 Animal quarantine special fund.
142-29 Enforcement; citation and summons.
142-30 Form of citation and summons.
142-31 Administration of oath.
142-41 Brands to be recorded, etc.
142-42 Expiration of registration, reregistration.
142-43 Right to a brand determined by department.
142-44 Owners of unbranded animals.
142-45 Using other's brand prohibited; penalty.
142-46 Using unregistered brand prohibited; penalty.
142-47 Obliterating brand; penalty.
142-48 Felonious branding; penalty.
142-49 Livestock ownership and movement certification.
142-62 Breaking, etc., of fence; penalty.
142-63 Trespass on fenced cultivated land.
142-64 On unfenced cultivated land.
142-66 On public roads, lands.
142-68 Fine for continued trespassing by animals.
142-70 Expenses, driving, etc.
142-71 Procedure to recover animals; owner notified before impounding.
142-72 Procedure, if owner believes impounding illegal.
142-74 Liability of dog owner; penalty.
142-75 Human bitten by dog; duty of dog owners; action against owner.
142-91 Destruction of animals ferae naturae.
142-92 Mongoose; keeping or breeding; penalty.
142-93 Harboring mongoose; penalty.
142-93.5 Mongoose; killing allowed.
142-94 Destruction of unconfined rabbits and Belgian hares.
142-95 Rabbits, Belgian hares, to be kept off ground; penalty.
142-96 Frightening animals; penalty.
142-97 Wild cattle through street; penalty.
142-99 Lost or rescued animals; penalty.
142-100 Beekeepers, registration; apiary program.