§142-61 - Lawful fence; penalty.

PART III.
FENCES AND TRESPASSES BY ANIMALS

Rules of Court

Applicability of
District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3).

§142-61 Lawful fence; penalty. (a)
Every fence made of stone, posts and rails, posts and boards, posts and wire,
or other suitable materials shall be a lawful fence, provided that it is not
less than four feet in height, substantially built, strong and close, existing
in good state of repair, and capable of turning either all stock or all stock
excepting swine, attempting to pass through the fence.

(b) Woven wire, or what is otherwise known
also as hog-wire, used as a type of wire by itself or with a combination of
barbed wire or plain wire, when supported on posts and properly fastened
thereto and meeting the minimum height and stock turning requirements
prescribed in subsection (a), shall be a lawful fence.

(d) Whenever fences are built on any boundary,
or within the exterior boundaries of any privately owned land or lot, or within
the exterior boundaries of any leased public land or lot, to keep animals
confined to certain areas or to keep farms protected against the trespass of
animals, except on the boundary of any government road, it shall be lawful to
have fence wire electrically charged, provided such wire is fastened to
insulators supported on posts, and provided also that the charge supplied shall
be through an approved electric fence controller which shall be labeled or
listed as conforming to the standards of either the National Bureau of
Standards, the Underwriter's Laboratories, Inc., or any other similar
institutions of recognized standing, and provided that an electric fence
controller intended for use in the State shall bear a recognized commercial
trade name and the name of the selling agency of same.

(e) Whenever fences are built on any boundary,
including on the boundary of any government road, within the exterior
boundaries of any privately owned land or lot, or within the exterior
boundaries of any leased public land or lot, to keep animals confined to
certain areas or to keep farms protected against the trespass of animals, it
shall be lawful to attach electrically charged attachments to the interior side
of the fence; provided that in the case of wire fences, it shall be lawful to
attach electrically charged attachments only to the interior side of posts
supporting the wire; and provided further that no person shall be subject to injury
by the electrically charged attachments while the person is on or touches the
exterior side of the fence or fence posts.

(f) Any person who constructs or maintains an
electrically charged fence or fence with electrically charged attachments not
conforming to the requirements of this section shall be fined not more than
$500, or imprisoned not more than one year, or both.

(g) Any person who constructs or maintains an
electrically charged fence or fence with electrically charged attachments along
the boundary of any government road or within the exterior boundaries of any
leased public land or lot shall defend, indemnify, and hold harmless, the
State, county, or other public entity from all claims, suits, or judgments
arising from the use of an electrically charged fence or fence with
electrically charged attachments. [L 1907, c 125, §10; RL 1925, §698; RL 1935,
§276; am L 1941, c 284, §1; RL 1945, §1082; RL 1955, §20-60; HRS §142-61; am L
1984, c 210, §1; am L 1990, c 23, §2]

Cross References

Fences and
boundaries, see chapter 664.

Trespass, see
§708-813.