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HAWAII REVISED STATUTES
DIVISION 1. GOVERNMENT
TITLE 11. AGRICULTURE AND ANIMALS
CHAPTER 143. ANIMALS: LICENSES AND REGULATIONS

§ 143-15 Contracts for seizing and impounding dogs.

Any county may contract with any society or organization formed for the prevention of cruelty to animals, or similar dog protective organization, for the seizure and impounding of all unlicensed dogs, and for the maintenance of a shelter or pound for unlicensed dogs, and for lost, strayed, and homeless dogs, and for the destruction or other disposition of seized dogs not redeemed as provided in this chapter. The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter.

§ 143-16 Contract between county of Kauai and Kauai Humane Society.

Pursuant to the authorization provided in section 143-15 the county council of the county of Kauai shall contract with the Kauai Humane Society, an incorporated nonprofit association organized under the laws of the State for the prevention of cruelty to animals, upon the subject matters contained in section 143-15 and shall appropriate the moneys collected by the director of finance of the county of Kauai under section 143-3 for use by the Kauai Humane Society.

In addition to the matter contained in section 143-15 the Kauai Humane Society may expend funds turned over by the county to construct a dog pound on Kauai; provided that the county council shall first approve the plans for the construction and location of the dog pound.

DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 37. HAWAII PENAL CODE
CHAPTER 711. OFFENSES AGAINST PUBLIC ORDER

§ 711-1109 Cruelty to animals.

(1) A person commits the offense of cruelty to animals if the person intentionally, knowingly or recklessly:

(a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal or causes or procures the overdriving, overloading, torture, torment, cruel beating or starving of any animal;

(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

(c) Keeps, uses or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other animal, and every person who encourages, aids or assists therein, or who permits or suffers any place to be so kept or used;

(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or

(e) Assists another in the commission of any act of cruelty to any animal.

(2) Subsection (1)(a), (b), (d), (e) and the following subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any domestic animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed.

(4) Cruelty to animals is a misdemeanor.

§ 711-1110 Relating to agent of society.

The agent of any society which is formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society in any district in the State, may within such district make arrests and bring before any district judge thereof offenders found violating the provisions of section 711-1109 to be dealt with according to law.

§ 711-1110.5. Surrender or forfeiture of animals.

Upon conviction for any violation of section 711-1109 or 711-1109.3:

(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such time and under such conditions as the court shall order.

(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such a time and under such conditions as the court shall order, if there is substantial evidence that such animals are being abused or neglected.

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