§142-74  Liability of dog owner; penalty. (a)  If any dog, while on private property without the consent of the owner ofthat property, injures or destroys any sheep, cattle, goat, hog, fowl, or otherproperty belonging to any person other than the owner of the dog, the owner ofthe dog shall be liable in damages to the person injured for the value of theproperty so injured or destroyed.  The owner of the dog shall confine ordestroy the dog, and if the owner of the dog neglects or refuses to do so, the ownerof the dog, in the event of any further damage being done to the person orproperty of any person by the dog, in addition to paying the person injured forthe damage, shall pay the costs of the trial together with the penalty imposedunder section 142-12, and it shall be lawful for any other person to destroythe dog.

(b)  Each county may enact and enforceordinances regulating persons who own, harbor, or keep any dog that hasinjured, maimed, or destroyed an animal belonging to another person.  No ordinanceenacted under this subsection shall be held invalid on the ground that itcovers 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 personowning, harboring, or keeping the dog.  Upon enactment of an ordinance, whetherenacted on, before, or after June 30, 2001, the ordinance shall have full forceand effect; provided that the ordinance is consistent with this section. [PC1869, 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 ofmalicious injury, facts shown that dog was trespasser and seen carrying offsomething were justification for attack on dog.  8 H. 115.