RELATING TO NUISANCE.

SB2166

THE SENATE

S.B. NO.

2166

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to Nuisance
.

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

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SECTION 1.
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The legislature finds that the proliferation
of feral and free-ranging chickens in residential and urban communities across
the State is a nuisance that disrupts residents living in these areas.
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The legislature further finds that although
chickens were once limited to rural environs, unchecked feeding and harboring
of these animals by some residents have led to significant property damage,
neighborhood disputes, and the spread of nuisance conditions that erode the
health, safety, and quiet enjoyment of the State's communities.

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The legislature further finds that abundant
feral chicken populations tend to coalesce into feral colonies and produce
negative impacts similar to those of feral ungulates, including goats, sheep,
and pigs, and felids.
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The legislature
believes that such colonies have grown exponentially, creating a wide range of
problems for farmers, ranchers, property owners, and users of transportation
infrastructure, among many others.
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Akin
to other organisms that are not endemic to the State, these feral populations
have disrupted native ecosystems that evolved for millions of years without
these species present.

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The
legislature also finds that state law establishes liability when domesticated
animals, such as dogs or livestock, cause injury or trespass upon the property
of others.
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Specifically, owners of
livestock are held strictly liable when their animals enter another's land and
cause damage, and owner of dogs are held strictly liable when their dogs bite
or injure another person.
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While chickens,
ungulates, and felids can and do cause similar damage to gardens, landscaping,
and private property, there is currently no comparable statute addressing the
damage caused by these animals that are intentionally kept, harbored, or fed by
individuals.
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The
legislature believes that when undomesticated chickens, ungulates, and felids
are deliberately fed or harbored, they become effectively domesticated animals
stewarded by the individual providing food and shelter.
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In these circumstances, the legislature finds
that it is appropriate to hold these individuals legally responsible for the
resulting harm.
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The legislature also
finds that establishing liability for damage caused by chickens, ungulates, and
felids that is aligned with existing liability for damage caused by other
domesticated animals will provide homeowners with clear remedies to protect
their property and quality of life.

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Accordingly,
the purpose of this Act is to:

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(1)
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Establish
strict liability for individuals who keep, harbor, or feed chickens, ungulates,
or felids in a manner that results in the animals damaging the property of
another individual; and

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(2)
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Require
the Hawaii invasive species council to conduct a study to determine whether the
harm to property caused by feral chickens amounts to classification of feral
chicken as an invasive species.

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SECTION
2.
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Chapter 663, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:

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"
�663-
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Liability for damage caused by chickens;
ungulates; felids; penalty.
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(a)
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If any chicken, ungulate, or felid while on
private property without the consent of the owner of that property causes:

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(1)
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Damage to the property; or

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(2)
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Any loss of use or enjoyment of the
property, the person who keeps, feeds, or harbors the chicken, ungulate, or
felid shall be liable in damages to the person injured for the value of the
property injured or destroyed.
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The
person who keeps, feeds, or harbors the chicken, ungulate, or felid shall
confine or destroy the chicken, ungulate, or felid and if that person neglects
or refuses to do so, that person, in the event of any further damage being done
to the property of any person by the chicken, ungulate, or felid in addition to
paying the person injured for damage, shall pay the costs of the trial and it
shall be lawful for any other person to destroy the chicken, ungulate, or felid.

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(b)
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Liability under this section shall be strict
liability and shall not require proof of negligence.

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(c)
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In addition to damages a prevailing party may
seek injunctive relief to enjoin the defendant from continuing to feed or
harbor chickens, ungulates, or felids in a manner that causes trespass or
property damage.

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(d)
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This section shall not apply to:

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(1)
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A licensed poultry or pork producer
that is in compliance with state and county laws; and

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(2)
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The incidental feeding of chickens, ungulates,
or felids in agricultural or rural areas where no nuisance or property damage
is demonstrated.
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SECTION 3.
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(a)
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The Hawaii invasive species
council shall conduct a study to determine whether the harm to property cause
by feral chickens amounts to classification of feral chicken as an invasive
species.

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(b)
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The Hawaii invasive species council shall submit a report of its
findings and recommendations, including any proposed legislation, to the
legislature no later than twenty days prior to the convening of the regular
session of
2027.

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SECTION
4.
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New statutory material is
underscored.

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SECTION
5.
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This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Property
Damage; Chickens; Ungulates; Felids; Liability; Penalty; Study

Description:

Establishes
liability for any individual who keeps, feeds, or harbors chickens, ungulates,
or felids that cause damage to the private property of another individual.
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Requires the Hawaii Invasive Species Council
to conduct a study to determine whether feral chickens should be classified as an
invasive species.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.