§142-74 Liability of dog owner; penalty. (a) If any dog, while on private property without the consent of the owner of that property, injures or destroys any sheep, cattle, goat, hog, fowl, or other property belonging to any person other than the owner of the dog, the owner of the dog shall be liable in damages to the person injured for the value of the property so injured or destroyed. The owner of the dog shall confine or destroy the dog, and if the owner of the dog neglects or refuses to do so, the owner of the dog, in the event of any further damage being done to the person or property of any person by the dog, in addition to paying the person injured for the damage, shall pay the costs of the trial together with the penalty imposed under section 142-12, and it shall be lawful for any other person to destroy the dog.
(b) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section. [PC 1869, c 23, §9; RL 1925, §667; RL 1935, §252; RL 1945, §1094; RL 1955, §20-73; HRS §142-74; gen ch 1985; am L 1986, c 64, §1; am L 2001, c 222, §1]
Case Notes
Under charge of malicious injury, facts shown that dog was trespasser and seen carrying off something were justification for attack on dog. 8 H. 115.
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.