§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.