PART III. FENCES AND TRESPASSES BY ANIMALS

 

Rules of Court

 

  Applicability ofDistrict 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 notless than four feet in height, substantially built, strong and close, existingin good state of repair, and capable of turning either all stock or all stockexcepting swine, attempting to pass through the fence.

(b)  Woven wire, or what is otherwise knownalso as hog-wire, used as a type of wire by itself or with a combination ofbarbed wire or plain wire, when supported on posts and properly fastenedthereto and meeting the minimum height and stock turning requirementsprescribed in subsection (a), shall be a lawful fence.

(c)  The sea, rivers, ponds, and naturalperpendicular bluffs, whenever impassable, shall be lawful fences.

(d)  Whenever fences are built on any boundary,or within the exterior boundaries of any privately owned land or lot, or withinthe exterior boundaries of any leased public land or lot, to keep animalsconfined to certain areas or to keep farms protected against the trespass ofanimals, except on the boundary of any government road, it shall be lawful tohave fence wire electrically charged, provided such wire is fastened toinsulators supported on posts, and provided also that the charge supplied shallbe through an approved electric fence controller which shall be labeled orlisted as conforming to the standards of either the National Bureau ofStandards, the Underwriter's Laboratories, Inc., or any other similarinstitutions of recognized standing, and provided that an electric fencecontroller intended for use in the State shall bear a recognized commercialtrade 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 exteriorboundaries of any privately owned land or lot, or within the exteriorboundaries of any leased public land or lot, to keep animals confined tocertain areas or to keep farms protected against the trespass of animals, itshall be lawful to attach electrically charged attachments to the interior sideof the fence; provided that in the case of wire fences, it shall be lawful toattach electrically charged attachments only to the interior side of postssupporting the wire; and provided further that no person shall be subject to injuryby the electrically charged attachments while the person is on or touches theexterior side of the fence or fence posts.

(f)  Any person who constructs or maintains anelectrically charged fence or fence with electrically charged attachments notconforming 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 anelectrically charged fence or fence with electrically charged attachments alongthe boundary of any government road or within the exterior boundaries of anyleased public land or lot shall defend, indemnify, and hold harmless, theState, county, or other public entity from all claims, suits, or judgmentsarising from the use of an electrically charged fence or fence withelectrically 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 L1984, c 210, §1; am L 1990, c 23, §2]

 

Cross References

 

  Fences andboundaries, see chapter 664.

  Trespass, see§708-813.