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Leash Law Hawaii? Come on!
#1
Aloha to all, this morning, my son (5) was bit by a dog and left two puncture wounds in the calf of his leg, along with some superficial wounds. This dog was in his yard, territory, and was just protecting his family, just a mere accident.

I brought this up because we are experiencing more issues in subdivisions and in public, where dogs are not on leashes. Why is this?

So my son was bit, I went to Urgent Care in Keaau (Excellent Care), I went across the street and went to fill the prescriptions at Longs in Keaau.

I was waiting outside, and my 10 minutes was up and went inside with my son in my arms since he can not walk because of the pain, and sat down. Looked towards the counter and there was a man with a dog in the pharmacy with no leash.

I loudly said "Isn't there a leash law in the state". The man never looked my way and said "There could be one", He then stated "My dog wouldn't harm anyone" This made me even more irate as I am sitting there with my son. I told him "That the one that bit my son had not harmed anyone before either, and that there should not be dogs in public places without a leash". He then stated "What about seeing eye dogs", I said "Are you blind, even then they are harnassed". This conversation went on for about 10 minutes.

The man left the pharmacy with his dog in his arms, I received my prescriptions and was walking out with my son in my arms, when he returned and was yelling at me as I was heading to my car.

I decided to continue walking (Avoiding the situation) heading towards Hokulanis Restaraunt. Went inside and told the front desk what had just taken place. They were very kind. As I was going to return back outside to head towards my car, the man had pulled his car in to a parking lot space at Hokulanis, and was exiting his car. They placed me and my son in the booth area and he came inside, looking around for me. They asked him if he would like to be seated and he just said "he wanted a beer". He had no idea where I had went, he then got up from the bar and went towards the outside dining area looking for me, the manager asked what he was doing and he said "Checking on his dog" He then sat back at the bar. He was then asked if he had any problems by the staff at Hokulanis, he said "no" and exited the building, not having his beer. So again obviously he wanted to continue an attack on me and my five year old son.

I had been traumatized already by the incident and then a man with no compassion with a dog not on a leash in a public setting is harrassing my son and myself. I needed to post this hoping that others would be more aware of the "Potential Risk" any dog can have. Should I have done something different?
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#2
I also wanted to include the current laws on leashes.

Revised Ordinances of Honolulu
(Link to original Word Processing Version)

Chapter 7

ANIMALS AND FOWL

Articles:
1. Cockfighting and Related Equipment
2. Animal Nuisances
3. Dog License
4. Regulation of Dogs
5. Public Spay and Neuter Clinic for Dogs and Cats
6. Cat Identification Program
7. Regulation of Dangerous Dogs



Article 1. Cockfighting and Related Equipment
Sections:
7-1.1 Prohibited.
7-1.2 Gaffs or slashers prohibited.
7-1.3 Violation--Penalty.

Sec. 7-1.1 Prohibited.
It is unlawful for any person to engage or participate in any cockfighting exhibition. (Sec. 13-2.1, R.O. 1978 (1983 Ed.); Am. Ord. 01-58)


Sec. 7-1.2 Gaffs or slashers prohibited.
It is unlawful for any person to manufacture, buy, sell, barter, exchange or have in such person's possession any of the implements commonly known as gaffs or slashers, or any other sharp instrument designed to be attached in place of or to the natural spur of a gamecock or other fighting fowl. (Sec. 13-2.2, R.O. 1978 (1983 Ed.))


Sec. 7-1.3 Violation--Penalty.
Any person violating any provision of this article shall be punished by a fine of not less than $250 and not exceeding $1,000 or by imprisonment not exceeding thirty days, or by both. (Sec. 13-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 01-58)



Article 2. Animal Nuisances
Sections:
7-2.1 Purpose.
7-2.2 Definitions.
7-2.3 Animal nuisance--Prohibited.
7-2.4 General requirements.
7-2.5 Special requirements.
7-2.6 Complaint forms for private citizens.
7-2.7 Summons or citation.
7-2.8 Failure to obey summons or citation.
7-2.9 Issuance of complaint.
7-2.10 Penalties.
7-2.11 Annual report required.
7-2.12 Severability.

Sec. 7-2.1 Purpose.
The purpose of this article is to establish an owner's responsibility for the keeping of animals, farm animals or poultry on a noncommercial basis and in a manner which will not endanger or unreasonably interfere with the public health, welfare, safety, peace or comfortable enjoyment of life and property. (Added by Ord. 90-55)


Sec. 7-2.2 Definitions.
"Animal control contractor" means the duly incorporated humane society or organization formed for the prevention of cruelty to animals which is contracted by the city to perform animal control services.
"Animal nuisance," for the purposes of this section, shall include but not be limited to any animal, farm animal or poultry which:
(a) Makes noise continuously and/or incessantly for a period of 10 minutes or intermittently for one-half hour or more to the disturbance of any person at any time of day or night and regardless of whether the animal, farm animal or poultry is physically situated in or upon private property;
(b) Barks, whines, howls, crows, cries or makes any other unreasonable noise as described in Section 7-2.4 © of this article; or
© Notwithstanding the provisions of HRS Section 142-75 or any other applicable law, bites or stings a person.
"Animals," unless provided otherwise, include but are not limited to those animals that are customary and usual pets such as dogs, cats, rabbits, birds, honeybees and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of the dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities and for guarding of property; excluding aviary game birds and fish as defined in the Hawaii Revised Statutes.
"Enclosure" means any kennel, coop, cage, hutch, hive or other structure used to care for, breed, house or keep animals, farm animals or poultry.
"Farm animals" means pigs, cows, goats, sheep, horses, camels and llamas.
"Owner" means any person owning, harboring or keeping animals, farm animals or poultry, whether licensed or not, or having custody, whether temporary or permanent thereof.
"Person" means and includes corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings.
"Poultry" means chickens, pigeons, turkeys, geese, ducks and peafowl not regulated by state law.
"Zoning lot" and "lot area" are as defined in Chapter 21, ROH 1990. (Added by Ord. 90-55; Am. Ord. 00-73, 04-42)


Sec. 7-2.3 Animal nuisance--Prohibited.
It is unlawful to be the owner of an animal, farm animal or poultry engaged in animal nuisance as defined in Section 7-2.2; provided, however, that it shall not be deemed to be animal nuisance for purposes of this article if, at the time the animal, farm animal or poultry is making any noise, biting or stinging, a person is trespassing or threatening trespass upon private property in or upon which the animal, farm animal or poultry is situated, or for any other legitimate cause which teased or provoked said animal, farm animal or poultry. (Added by Ord. 90-55)


Sec. 7-2.4 General requirements.
(a) Nothing in this article applies to animals, farm animals or poultry raised, bred or kept as a commercial enterprise or for food purposes where commercial kennels or the keeping of livestock is a permitted use.
(b) Enclosures for animals, farm animals and poultry shall meet all applicable zoning and building code requirements for structures; shall not be located within any required front, side or rear yard setback; and shall meet all other applicable sanitation requirements.
© Noise is unreasonable within the meaning of this article if considering the nature and the circumstances surrounding the animal nuisance, including the nature of the location and the time of the day or night, it interferes with reasonable individual or group activities such as, but not limited to, communication, work, rest, recreation or sleep; or the failure to heed the admonition of a police officer or a special officer of the animal control contractor that the noise is unreasonable and should be stopped or reduced.
(Added by Ord. 90-55; Am. Ord. 00-73, 02-54)


Sec. 7-2.5 Special requirements.
(a) Farm animals. Enclosures for farm animals shall not be located within 300 feet of any property line.
(b) Honeybees. There shall be no more than eight honeybee hives per zoning lot and the keeping of honeybees shall be in accordance with the following:
(1) Colonies shall be maintained in movable frame hives, constructed to meet the specifications for "beehives" set by the American Beekeepers Federation;
(2) Hives shall be properly shaded from adjacent night lighting on adjoining properties;
(3) Hives shall not be located within 25 feet of any property line, public street, sidewalk or alley except:
(A) When situated behind a solid fence or hedge at least six feet in height, parallel to the property line, and extending at least 15 feet beyond the hive in both directions, or
(B) When located at least eight feet or more above adjacent ground level.
© Dogs. The number, four months of age or older, shall not exceed 10 per household.
(d) Chickens and peafowl. The number of chickens or peafowl shall not exceed two per household.
(Added by Ord. 90-55; Am. Ord. 04-42)


Sec. 7-2.6 Complaint forms for private citizens.
The animal control contractor, in consultation with the Honolulu police department, shall develop a complaint form with respect to the keeping of animals, farm animals or poultry. The form may be obtained by private citizens from the animal control contractor or the department of customer services. (Added by Ord. 90-55; Am. Ord. 00-73)


Sec. 7-2.7 Summons or citation.
Any authorized police officer, or any officer of the animal control contractor who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of this article, may issue a summons or citation to an alleged violator of the provisions of this article. Procedures with respect to the design, form, content, numbering and disposition of copies of said summons or citation shall be in all respects the same as those specified in Section 7-4.6, relating to summonses in connection with stray dogs. Said summons or citation shall instruct such person to report to the violations bureau of the respective district courts of the City and County of Honolulu. Each such person may, within seven days after the receipt of such summons, appear at such violations bureau and post a bail bond, in such amounts as may be set by the administrative judge of the district courts, for appearance on the date as may be set out for such person to appear before the district court. Upon failure to appear upon such date, said bail bond shall be deemed forfeited. (Added by Ord. 90-55; Am. Ord. 00-73)


Sec. 7-2.8 Failure to obey summons or citation.
It is unlawful for any person to fail to appear at the place and within the time specified in the summons issued to such person by an officer for any violation of this article, regardless of the disposition of the charge for which such person was originally cited. (Added by Ord. 90-55)


Sec. 7-2.9 Issuance of complaint.
In the event any person fails to comply with a summons given such person or if any person fails or refuses to deposit bail as required and within the time permitted, the violations bureau shall forthwith have a complaint entered against such person and secure the issuance of a warrant for such person's arrest. (Added by Ord. 90-55)


Sec. 7-2.10 Penalties.
(a) Any owner who keeps or permits an enclosure or animal, farm animal, or poultry to remain on the owner's premises in violation of this article shall be deemed to commit an offense under this article. Notwithstanding the foregoing, an enforcing officer may, in the officer's discretion, issue a warning letter to the owner of a dog that is believed by the officer to be an animal nuisance under Section 7-2.2(a) or (b) in lieu of citing the owner for a first offense under those provisions. As used in this subsection, Afirst offense@ means an offense that does not occur within two years of the occurrence of a previous offense involving the same provision.
(b) An owner convicted of an offense shall be sentenced as follows:
(1) A fine of $50 if the offense did not occur within two years of the occurrence of a previous offense involving the same provision;
(2) A fine of $100 if the offense occurred within two years of the occurrence of one previous offense involving the same provision; or
(3) A fine of not less than $500 nor more than $1,000, imprisonment not exceeding 30 days, or both, if the offense occurred within two years of the occurrence of two or more previous offenses involving the same provision. In lieu of a term of imprisonment, the court may order the defendant to serve a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in HRS Chapter 706, Part II.
The fines provided for in this section shall be imposed without the possibility of suspension.
As part of the sentence for any offense, the court also may order the owner to attend a training program conducted or designated by the animal control contractor or train an animal, farm animal, or poultry in a manner recommended by the contractor to stop the animal nuisance which caused the offense. The cost of attending any training program conducted or designated by the animal control contractor shall be paid for by the owner.
© For the purpose of this section:
(1) "Provision" means a prohibition or requirement under a section or subsection listed in the following: Section 7-2.3, Section 7-2.4(b), Section 7-2.5(a), Section 7-2.5(b), Section 7-2.5©, or Section 7-2.5(d);
(2) An offense shall be deemed to have occurred on the date of the summons or citation identifying the offense; and
(3) A person who commits an offense within two years of the occurrence of a previous offense involving the same provision shall be subject to the escalating penalty of subsection (b)(2) or (3), even if the enclosures or animals involved in the offenses differed.
(Added by Ord. 90-55; Am. Ord. 00-73)


Sec. 7-2.11 Annual report required.
The animal control contractor shall render a full report of its activities and operations relating to the enforcement of this article to the mayor and the council within one month after the end of each fiscal year. (Added by Ord. 90-55; Am. Ord. 00-73)


Sec. 7-2.12 Severability.
If any provision of this article is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. (Added by Ord. 90-55)



Article 3. Dog License

Sections:
7-3.1 License fee.
7-3.2 Disposition of fee.
7-3.3 Impoundment of unlicensed dogs.


Sec. 7-3.1 License fee.
(a) The biennial license fee for dogs over four months through seven months of age and for neutered dogs eight months of age and over with veterinary certificate shall be $9.50; $28.00 for unneutered dogs eight months of age or over. Upon receipt of the license fee, the director of finance shall issue a metal tag of such form and design as the director may designate with a serial number and the year for which it is issued inscribed thereon, charging therefor the sum of 50 cents, which tag shall be attached to a collar of the dog for which the license has been issued.
(b) If the license fee is not paid when due, a penalty of 10 percent thereof shall be added to and become part of the fee.
© The full amount of the fee shall be paid for any fraction of any year for which a license is issued.
(Sec. 13-33.1, R.O. 1978 (1983 Ed.); Am. Ord. 92-69, 95-33)


Sec. 7-3.2 Disposition of fee.
All moneys received by the director of finance under this article shall be paid into the general fund of the City and County of Honolulu. (Sec. 13-33.2, R.O. 1978 (1983 Ed.))


Sec. 7-3.3 Impoundment of unlicensed dogs.
Impoundment of unlicensed dogs shall be as provided in HRS Section 143-8. (Sec. 13-33.3, R.O. 1978 (1983 Ed.))



Article 4. Regulation of Dogs

Sections:
7-4.1 Definitions.
7-4.2 Strays prohibited.
7-4.3 Impounding.
7-4.4 Applicability.
7-4.5 Enforcement.
7-4.6 Summons.
7-4.7 Failure to obey summons.
7-4.8 Issuance of complaint.
7-4.9 Violation--Penalty.
7-4.10 Disposition of fines and forfeitures.
7-4.11 Severability.

Sec. 7-4.1 Definitions.
As used in this article, unless the context otherwise indicates:
"Animal control contractor" means the duly incorporated humane society or organization formed for the prevention of cruelty to animals which is contracted by the city to perform animal control services.
"Off-leash park" means a public park designated by the director of parks and recreation where dogs, and no other animal, shall be allowed to be off-leash.
"Owner" means and includes every person owning, harboring or keeping a dog or having custody thereof.
"Stray" or "stray dog" means any dog: (1) on the premises of a person other than the owner of the dog, without the consent of an occupant of such premises; or (2) on a public street, on public or private school grounds, or in any other public place, except when under the control of the owner by leash, cord, chain or other similar means of physical restraint; provided, that such leash, cord, chain or other means is not more than eight feet in length; and provided further, that this provision shall not be construed to permit that which is prohibited by any other law.
(Sec. 13-23.1, R.O. 1978 (1983 Ed.); Am. Ord. 00-68, 01-43)


Sec. 7-4.2 Strays prohibited.
It shall be unlawful for the owner of any dog, whether such dog is licensed or not, to permit such dog to become a stray. (Sec. 13-23.2, R.O. 1978 (1983 Ed.); Am. Ord. 00-68)


Sec. 7-4.3 Impounding.
(a) Any dog, while being a stray, shall be seized and impounded by the animal control contractor or any other officer authorized by law and shall be disposed of in accordance with the provisions of HRS Chapter 143. A special officer of the animal control contractor shall be authorized to enforce this article if deputized by the chief of police to do so.
(b) Any impounded dog shall be spayed or neutered by the animal control contractor prior to its adoption unless a veterinarian certifies that the dog is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog.
(Sec. 13-23.3, R.O. 1978 (1983 Ed.); Am. Ord. 00-68, 07-33)


http://www.co.honolulu.hi.us/refs/roh/7.htm
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#3
I agree, it's an out of control situation. I had the joyous experience of sitting in a emergency ward one time with a hand injury while a 12 year old girl who had just had her face torn off(no hyperbole, actually) by some pinhead's dog scream as well as she could(no lips) and I just sat there and, well, waited. Gruesome. I've no tolerance whatsoever for errant animals.
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#4
By the way, looking at the law again, above. Anybody here have a chicken coop within 300 feet of a property line? I guess it's illegal.
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#5
I think you did the right thing, in getting away from the turkey and by suggesting that he have his dog on a leash. He had no way of understanding what you had just been through, but he sounds like a jerk regardless.

Just curious, why are you citing the Honolulu law and not our own county?

I have a very sweet dog, and I keep her on a leash when we are out, more for her protection than that of others.

I have lived in many cities that have leash laws and the only place I ever saw them enforced was in Chicago. It happened regularly there. We had acres of open parks along the lake shore and many people would take their dog to the leash free dog beach to swim, but when they were drying off on the grass (you know how dogs roll around) the owners were frequently cited. One of my friends with a yellow lab accumulated 12 tickets for her "violations". She did not pay them and her car was eventually towed to impound until she paid up. There is a saying in Chicago, it is the "city that works". While that is referring to it's blue collar image, it also refers to city government, particularly policing. I read a statistic once that stated Chicago had more cops per capita than any other large city. I am not sure if that is true, but I do know that their cops enforce the laws judicially, unless of course you grease their palms.

Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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#6
In reply to your question: "should I have done something different?" Perhaps you could have asked for a manager or the pharmacist to ask the man to leave the store with his (non-seeing-eye) dog. That way it wouldn't be you directly involved in the exchange. I am not shy to back down from a confrontation but I have always regretted 'upping the ante' in a stranger-shopping-parking situation. Whether it's someone taking the spot that I had waited patiently for or someone hovering within inches of my bumper (until I jammed on my brakes and then he was even closer!) it's been an immediate ramp-up of anger and threats that I realized later could have turned violent. I was in over my head and lucky I didn't come out of it with some sort of assault situation.

I can appreciate your upset and anger particularly with being so close to the incident; however, with your child in your arms, nothing is worth or worse than a situation getting out of hand!
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#7
quote:
Originally posted by ForrU2Cry

I loudly said "Isn't there a leash law in the state".
Is there one for the State?
Is there one for Hawaii County?
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#8
While understanding your upset and anger, I will play devil's advocate to your question:
Should I have done something different?


"This dog was in his yard, territory, and was just protecting his family, just a mere accident." Why was your son in the dog's yard?


I loudly said "Isn't there a leash law in the state". Appears you meant to be confrontational - you succeeded.

I hope your son is OK and mends quickly.

David

Ninole Resident
Ninole Resident
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#9
It would be impossible to handle this situation perfectly. Your son was injured by a dog and you encountered a man who was indifferent to the notion that his loose dog might frighten others. People sometimes have peaceable dogs off leash -- and they don't understand that you may have a history of being attacked by loose dogs. This really is a problem and the fenceless culture of Hawaii exacerbates it somewhat. But really, it's everywhere. I worry about it somewhat. My dogs are my kids and I want them to safe. Your kids are your kids, and I want them to be safe too. Leashes and, yes, breed restrictions are the way to go. And treating a dog attack the way you would any human assault is also the way to go. In most cases, the dog would not attack but for the depraved indifference of his master.
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#10
i could be wrong, but never have i seen so many loose dogs as on this island except for kailua beach on o'ahu. makes it so we can't even walk our own leashed dogs.

i'm going to catch h@ll for this, but how about calling the police?



"chaos reigns within.
reflect, repent and reboot.
order shall return."

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