REPORT TITLE:
Dog Trespass; Fenced Property


DESCRIPTION:
Imposes fine for dog trespassing on fenced property and allows
shooting of dog if livestock is threatened.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            754         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ANIMALS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 142-63, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§142-63  Trespass on fenced cultivated land.  If any
 
 4 cattle, horse, mule, ass, swine, sheep, or goat[,] trespasses on
 
 5 any properly fenced cultivated ground, the owner [thereof] of the
 
 6 animal shall pay upon proof, the full amount of the damage or
 
 7 loss to the landowners[,] or to any person in possession of the
 
 8 land, whoever suffers the damage or loss.
 
 9      (b)  A dog found to be threatening livestock within properly
 
10 fenced cultivated ground may be shot by the landowner or any
 
11 person in possession of the land.  The landowner or other person
 
12 in possession of the land shall not be civilly liable or
 
13 criminally culpable for the shooting, if the shooting was
 
14 justified under this subsection.
 
15      (c)  In addition to the penalty under subsection (a), the
 
16 owner of a dog found trespassing on a properly fenced cultivated
 
17 ground shall be subject to a civil fine of $1,000."
 
18      SECTION 2.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 

 
Page 2                                         754         
                                     H.B. NO.           
                                                        
                                                        

 
 1 begun, before its effective date.
 
 2      SECTION 3.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY: ________________________