Lawful fence; penalty
HRS §142-61
in effect142-61. Lawful fence; penalty
(a) Every fence made of stone, posts and rails, posts and boards, posts and wire, or other suitable materials shall be a lawful fence; provided that the lawful fence shall be no less than four feet in height, substantially built, strong and close, existing in good state of repair, and capable of turning either all stock or all stock excepting swine, attempting to pass through the fence.
(b) Woven wire, or what is otherwise known
also as hog-wire, used as a type of wire by itself or with a combination of
barbed wire or plain wire, when supported on posts and properly fastened
thereto and meeting the minimum height and stock turning requirements
prescribed in subsection (a), shall be a lawful fence.
(c) A battery-charged
security fence used for non-agricultural purposes shall be a lawful fence;
provided that the battery-charged security fence:
(1) Interfaces with a monitored alarm device in a
manner that enables the alarm system to transmit a signal intended to summon
the property owner or law enforcement in response to an intrusion or any
unauthorized entry;
(2) Is located on property that is not designated by
a county exclusively for residential use;
(3) Has an energizer that is powered by a commercial
storage battery that is no more than twelve volts of direct current;
(4) Has an energizer that meets the standards set
forth in the most current edition of the International Electrotechnical
Commission Standard 60335-2-76;
(5) Is completely surrounded by a non-electric
perimeter fence or wall that is no less than five feet in height;
(6) Does not exceed ten feet in height or is not two
feet higher than the non-electric perimeter fence or wall identified in
paragraph (5), whichever is higher; and
(7) Is marked with conspicuous warning signs that are
located on the battery-charged security fence at no more than thirty-foot
intervals and that read: "WARNING -- ELECTRIC FENCE".
(d) Notwithstanding any law to the contrary,
no county shall adopt or enforce an ordinance that:
(1) Requires a permit or fee for the installation or
use of a battery-charged security fence that is in addition to any permit for
an alarm system that may be issued by the county;
(2) Imposes installation or operational requirements
for a battery-charged security fence that are inconsistent with the
requirements set forth in subsection (c); or
(3) Prohibits the installation or use of a
battery-charged security fence.
(e) As used in subsections (c) and (d):
"Alarm system" means any device that
is designed for the detection of an unauthorized entry into any building,
place, or premises, except motor vehicles, or for alerting others to the
commission of an unlawful act, or both, and that emits a sound or transmits a
signal or message when activated.
"Battery-charged security fence"
means an alarm system and ancillary components, or equipment attached to such a
system, including but not limited to:
(1) A fence;
(2) A battery-operated energizer that is intended to
periodically deliver voltage impulses to the fence to which it is connected;
and
(3) A battery charging device used exclusively to
charge the battery.
(f) The sea, rivers, ponds, and natural
perpendicular bluffs, whenever impassable, shall be lawful fences.
(g) Whenever fences are built on any boundary,
or within the exterior boundaries of any privately owned land or lot, or within
the exterior boundaries of any leased public land or lot, to keep animals
confined to certain areas or to keep farms protected against the trespass of
animals, except on the boundary of any government road, it shall be lawful to
have fence wire electrically charged; provided that the wire is fastened to
insulators supported on posts; provided further that the charge supplied shall be
through an approved electric fence controller that shall be labeled or listed
as conforming to the standards of either the National Institute of Standards
and Technology, the Underwriters Laboratories, Inc., or any other similar
institutions of recognized standing; provided that an electric fence controller
intended for use in the State shall bear a recognized commercial trade name and
the name of the selling agency of same.
(h) Whenever fences are built on any boundary,
including on the boundary of any government road, within the exterior
boundaries of any privately owned land or lot, or within the exterior
boundaries of any leased public land or lot, to keep animals confined to
certain areas or to keep farms protected against the trespass of animals, it
shall be lawful to attach electrically charged attachments to the interior side
of the fence; provided that in the case of wire fences, it shall be lawful to
attach electrically charged attachments only to the interior side of posts
supporting the wire; provided further that no person shall be subject to injury
by the electrically charged attachments while the person is on or touches the
exterior side of the fence or fence posts.
(i) Any person who constructs or maintains an
electrically charged fence or fence with electrically charged attachments not
conforming to the requirements of this section shall be guilty of a
misdemeanor.
(j) Any person who constructs or maintains an
electrically charged fence or fence with electrically charged attachments along
the boundary of any government road or within the exterior boundaries of any
leased public land or lot shall defend, indemnify, and hold harmless, the
State, county, or other public entity from all claims, suits, or judgments
arising from the use of an electrically charged fence or fence with
electrically charged attachments.
[L 1907, c 125, §10; RL 1925, §698; RL 1935,
§276; am L 1941, c 284, §1; RL 1945, §1082; RL 1955, §20-60; HRS §142-61; am L
1984, c 210, §1; am L 1990, c 23, §2; am L 2012, c 34, §6; am L 2023, c 214, §1;
am L 2025, c 235, §20]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0142/HRS_0142-0061.htmFetched: 11/10/2026