HB2561

SECTION 1. The legislature finds that the city and county of Honolulu currently regulates the keeping of chickens in urban Honolulu, including limits on the number of chickens or peafowl per household and land use standards that allow the accessory keeping of hens but not roosters. The legislature further finds that although existing animal nuisance provisions prohibit nuisance behavior by animals, including poultry, increasing feral chicken activity on public lands may contribute to public nuisance conditions, sanitation concerns, and impacts to public facilities and neighboring properties.

The purpose of this Act is to strengthen and complement existing local rules in cities with a population of three hundred thousand or more by:

(1) Classifying feral chickens on public lands as a controllable pest for purposes of public health and nuisance prevention;

(2) Prohibiting the intentional keeping, maintaining, or supporting of feral chickens on state or city lands, including by feeding or placing chickens in these areas;

(3) Prohibiting the abandonment or dumping of chickens on public lands or on private property without consent; and

(4) Affirming the authority of private property owners to humanely control feral chickens on their own property, consistent with state animal protection laws and city requirements.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

feral chickens

§ -1 Applicability. This chapter shall apply to lands within any city with a population of three hundred thousand or more or more.

§ -2 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Chicken" means any domestic fowl of the species Gallus gallus domesticus, including roosters and hens.

"Feral chicken" means a chicken that is free-roaming and not under the custody and control of an owner or keeper.

"Owner" includes any person who possesses, keeps, harbors, or exercises control over a chicken.

"Public land" means land owned, leased, managed, or controlled by the State or a city with a population of three hundred thousand or more.

"Support" means to intentionally feed, water, shelter, harbor, place, relocate, or otherwise maintain a feral chicken population in a manner that encourages continued presence or congregation on public land.

§ -3 Feral chickens; pests; public lands. (a) Feral chickens present on public lands shall be declared a public nuisance and controllable pest for purposes of public health, sanitation, and the safe use and enjoyment of public property.

(b) This designation is intended to support coordinated control and nuisance abatement and is consistent with the recognition that household pests may include birds for pest-control purposes.

§ -4 Prohibited acts on public lands; feeding and placement. (a) Prohibited acts regarding feral chickens shall include but are not limited to:

(1) Feeding feral chickens on public land;

(2) Placing food or other attractants for feral chickens on public land;

(3) Intentionally abandoning, depositing, dumping, relocating, or releasing chickens onto:

(A) Public land; or

(B) Private property without the knowledge and consent of the private property owner or lawful occupant of the private property; and

(4) Creating or maintaining areas intended to attract or allow the congregation of feral chickens on public land.

(b) No person shall abandon, release, dump, or relocate any chicken in a manner that is intended to evade or violate the limits on household chicken keeping, as determined by a city with a population of three hundred thousand or more.

§ -5 Feral chickens; humane control on private property. (a) A private property owner or lawful occupant may capture and humanely control a feral chicken located on that property owner's or lawful occupant's property; provided that all actions to humanely control the feral chicken shall comply with state laws prohibiting cruelty to animals, including provisions as prescribed in section 711-1108.5 or 711-1109, and any applicable city requirements.

(b) Nothing in this chapter shall be construed to require a private property owner to provide food, water, or shelter to a feral chicken.

§ -6 Enforcement; coordination. (a) This chapter may be enforced by:

(1) The department of land and natural resources with respect to state public lands; and

(2) The police department of a city with a population of three hundred thousand or more, through the department's authorized agencies with respect to city public lands.

(b) The authorized enforcing agencies may coordinate with animal welfare partners and public health partners regarding complaint response, education, and humane handling of feral chickens.

§ -7 Penalties. (a) A person who violates section ‑4 shall be subject to a civil fine of:

(1) No more than $250 for a first violation;

(2) No more than $500 for a second violation within one year of the previous violation; and

(3) No more than $1,000 for a third or additional violation within one year of the first violation.

(b) Each day of a continued violation pursuant to this section shall constitute a distinct and separate violation subject to penalties.

§ -8 Rules. The department of land and natural resources may adopt rules pursuant to chapter 91 to implement and administer this chapter for state lands, including rules regarding signage, notice, and coordinated response for feral chickens, consistent with this chapter."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2561
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII