HAR §13-232-57. Dogs, cats or other domestic pets

(a) As used in this section, unless the context otherwise indicates: "Pet owner" means any person owning, harboring or keeping a dog, cat, or other domestic pet, or having custody thereof. "Stray" means any dog, cat, or other animal without a microchip or other registered owner- identifier or is living or roaming off its owner's property without permission to be on other public or private property. Strays may also be feral or abandoned. (b) This section shall not apply to: (1) Service animals as defined in the Title II of the Americans with Disabilities Act (ADA) as adopted by the United States Department of Justice; (2) Dogs trained and used by a law enforcement agency in law enforcement activities while the dogs are engaged in the performance of such work; or (3) An obedience trial, where tracking and show dogs are accompanied by their owners and are being trained or in competition, provided permission is first obtained from the department for such use. (c) No person shall introduce or keep a dog aged three months or older in a small boat harbor unless the dog is licensed as prescribed in chapter 143, Hawaii Revised Statutes. Officers and employees of the department, and every other person authorized by law may seize any unlicensed dog found at large within a small boat harbor, and confine and dispose of the dog as provided in chapter 143, Hawaii Revised Statutes. A dog, cat, or other domestic pet is considered at large when: (1) On a vessel not the property of the pet owner, without consent of the vessel owner; or 232-22 Unofficial Compilation (2) In any public place within a small boat harbor, except when under control of the pet 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. (d) No pet owner shall permit the owner's dog, cat, or other domestic pet to become a stray. Effective January 1, 2019, any dog, cat, or other domestic pet, while being a stray within a small boat harbor, may be seized by officers and employees of the department, or by any other person authorized by law, and shall be disposed of as provided in section 183D- 65, Hawaii Revised Statutes. (e) No pet owner shall permit the owner's pet to excrete any solid waste in any public place or on any premises in a small boat harbor not the property of the pet's owner, provided no violation of this subsection shall occur if the owner promptly and voluntarily removes the animal waste. (f) No person shall introduce or keep any animals except for birds, fish, or other common domestic pets within the confines of a small boat harbor. (g) In any event no person shall introduce or keep a dog, cat, or other domestic pet at any small boat harbor where dogs, cats, or other domestic pets are prohibited by a sign or other marker posted by the department. [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200- 4) §13-232-57.1 Feeding of colonies, strays, wildlife, or feral animals prohibited. (a) While on any property under the jurisdiction of the division, no person shall feed or deliberately introduce any food material, substance, or attractant directly to, or in the vicinity of, any colony, stray, wildlife, or feral animal except as authorized by the department or the department's authorized representative. 232-23 Unofficial Compilation (b) Animals include, but are not limited to birds, cats, chickens, deer, dogs, eels, fish, mongooses, pigs, rodents, seals, sharks, and turtles. (c) Nothing in this section prohibits the use of bait or chum to attract fish for fishing or harvesting purposes. [Eff 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-4) §13-232-57.2 Animal abandonment and creating or contributing to colonies prohibited. (a) While on any property under the jurisdiction of the division, no person shall abandon an animal or create or contribute to a colony. (b)Violators shall be fined not less than $50 and not more than $1,000 or sentenced to a term of imprisonment of not more than thirty days, or both, for each violation and shall also be subject to penalties in accordance with section 143-2.6, Hawaii Revised Statutes. [Eff 12/31/18] (Auth: HRS §§200-2, 200-3, 200-4, 200-24, 200-25) (Imp: HRS §§200-2, 200- 3, 200-4, 200-24, 200-25)