HAR §13-7-6
HAR §13-7-6. Public assemblies and meetings
Cite as Haw. Code R. § 13-7-6
(a)
Public assemblies, meetings, gatherings,
demonstrations, parades, and other such events,
including those recognized under chapter 7, Hawaii
Revised Statutes, resulting in assemblies of twenty-
five or more persons are allowed on DLNR land,
provided a permit for such event has been issued by
the chairperson.
(b) An application for such a permit shall set
forth the name of the applicant, the date, time,
duration, nature, and place of the proposed event, an
estimate of the number of persons expected to attend,
a
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statement of equipment or facilities to be used and
any other information required by the permit
application form. Permittees shall display a copy of
the application containing the required information in
plain view during the event at the permitted location.
(c) chairperson shall, without unreasonable delay
and provided an application is submitted with
reasonable timeliness, issue a permit on proper
application, unless:
(1)
A prior application for a permit for the
same time and place has been made that has
been or will be granted and the activities
authorized by that permit do not reasonably
allow multiple occupancy of that particular
location;
(2)
It reasonably appears that the event will
present a clear and present danger to the
public health or safety; or
(3)
The event is of such nature or duration that
it cannot reasonably be accommodated in the
particular location applied for, considering
such things as probable damage to the DLNR
land’s resources or facilities, impairment
of DLNR land’s atmosphere of peace,
tranquility, or recreation, interference
with program activities, or impairment of
public use facilities.
(d) If a permit is denied, the applicant shall be
informed in writing, with the reason(s) for the denial
set forth.
(e) The chairperson shall designate on maps,
copies of which shall be available for inspection at
all state parks district offices and the chairperson’s
office, the locations available for public assemblies.
Locations may be designated as not available for an
activity only if such activity would:
(1) Cause damage or injury to DLNR land;
(2)
Unreasonably impair the atmosphere of peace,
tranquility, or recreation maintained in
DLNR land;
(3)
Unreasonably interfere with interpretive,
visitor service, or other DLNR program
activities;
(4)
Substantially impair the operation of public
use facilities or services of DLNR
concessionaires or contractors; or
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(5)
Present a clear and present danger to the
public health and safety.
(f) The permit may contain such conditions as
are reasonably consistent with protection and use of
the DLNR land for the purposes for which the land is
managed. It may also contain reasonable limitations on
equipment to be used and the time and area within
which the event is allowed.
(g) No permit shall be allowed for a period in
excess of seven consecutive days, provided that a
permit may be extended for a like period, upon a new
application, unless another applicant has previously
requested use of the same location for the same time
period and multiple occupancy of that location is not
reasonably possible.
(h) No person shall engage in activities covered
under this section so as to obstruct or impede
pedestrians or vehicles, or harass visitors to DI~NR
land, either verbally or with physical Contact.
(I)Should the number of applications for a permit
exceed the available area at a particular location and
time, the chairperson reserves the right to allocate
spaces for which permit applications were received in
the chairperson’s sole discretion, on the basis of a
shared use concept.
(j) A permit may be revoked under any of the
conditions listed in paragraph (c) that constitute
grounds for the denial of a permit. Such a revocation
shall be made in writing, with the reason(s) for
revocation clearly set forth, except under emergency
circumstances, when an immediate verbal revocation or
suspension of the permit may be made, to be followed
by written confirmation within seventy—two hours.
(k) Violation of the terms and conditions of a
permit issued in accordance with this section may
result in the suspension or revocation of the permit.
[Eff May 06 1990 ] (Auth HRS §§171-6, 171-7)
(Imp: HRS §§171-6, 171-7)