HAR §15-210-2. Definitions

As used in this chapter, the following words and terms shall have the following meanings unless otherwise provided: “Abandoned property’ means any personal property that has been left in, at, or on any Hawaii community development authority property that is closed to the public, and/or the owner of the property is not otherwise permitted to be on the premises. The property of a person violating these rules and who is required to leave any Hawaii community development authority property shall be deemed abandoned; “Admission fees” means a fee, charge, or assessment levied on permittees for the privilege of observing an event within the parks; “Agent of the authority” means a person, persons or entity authorized by the Hawaii community development authority to act on Hawaii community development authority’s behalf; “Animals” means all animals wild and domestic; “Authority” means the Hawaii community development authority board established by section 206E-3, Hawaii Revised Statutes; “Camping” means the use of camping items; “Camping items” means structures of any kind (except for permitted tents), sleeping bags, mattresses, tarpaulins or tarpaulin like items, laid directly on the ground which cover more than a four-foot by four-foot area; “Carts” means any wheeled unmotorized device used for moving or carrying personal property which is physically pushed or pulled; “Commercial activity” means the use of or activity in the park for which compensation is received by any person or entity for the sale of goods or services or both rendered to customers or participants in that use or activity. Display of merchandise, demanding or requesting gifts, money, or services shall be considered a commercial activity. Commercial activities include activities whose base of operations are outside the boundaries of the park, and for which transportation to and from the park is provided; 210-3 §15-210-2 “Compensation’ includes, but is not limited to, monetary fees, barter, or services in-kind; “Disposal” means the process listed herein for dealing with abandoned property; “Executive director” means the executive director appointed by the authority; “HCDA” means the Hawaii community development authority, the executive director, the executive director’s staff this includes current officers, directors, board members, employees, representatives and authorized agents, or such authority’s successor in interest established by section 206E-3, Hawaii Revised Statutes; “HCDA property” means real property owned and managed by the HCDA and not leased to another entity within the Kakaako community development district. Such real property includes, but is not limited to, parks, park roadways, parking lots, beaches and beach rights-of-way. HCDA property also includes improvements made by the HCDA or the agent of the authority. HCDA property is not limited to real property; “HRS” means the Hawaii Revised Statutes; “Kakaako makai gateway park facility” means the landscaped, and other areas of the facility which is HCDA property as outlined in the makai area plan; “Kakaako mauka gateway park facility” means the landscaped, and other areas of the facility which is HCDA property as outlined in the makai area plan; “Kakaako waterfront park facility” means the stage, bleachers, stands, parking lots, landscaped, and other areas of the facility which is HCDA property as outlined in the makai area plan; “Kewalo basin park facility” means the parking lots, landscaped, and other areas of the facility which is HCDA property as outlined in the makai area plan; “Kolowalu makai park facility” is the park formally known as Queen park and means the landscaped, and other areas of the facility which is HCDA property as outlined in the mauka area plan. Queen park was 210-4 §15-210-2 traversed Queen Street prior to being known as Kolowalu makai and mauka parks; “Kolowalu mauka park facility” is the park formally known as Queen park and means the landscaped, and other areas of the facility which is HCDA property as outlined in the mauka area plan. Queen park was traversed Queen Street prior to being known as Kolowalu makai and mauka parks; “Law enforcement officer(s)” means any federal, state or county employee with law enforcement powers; “Mother waldron playground” means the basketball and volleyball courts, play equipment, landscaped, and other areas of the facility which is HCDA property as outlined in the mauka area plan; “Motor vehicle” means a motor vehicle of any type, including, but not limited to, automobiles, trucks, go-carts, motorcycles, motor scooters, mopeds, dune buggies, golf carts, all-terrain vehicles (ATVs), segways, hoverboards, or any other vehicles which are mechanically propelled regardless of whether the vehicle is required by the State or any county to be licensed; “Nude” means uncovered post-pubertal human genitals, pubic areas, or any portion of the female breast below the top of the areola; “Park” means any park, park roadway, parking lot, playground, athletic field, beach, beach right-of-way, court, swimming area, or other area that serves as recreation area or facility under the control, maintenance, and management of the authority and designated as park in the Kakaako community development district mauka and makai area plans. The authority may from time to time exclude portions or areas that are designated as park from this definition for the purpose of maintenance, design, development or for the purpose of lease or permit to third parties; “Parking lot” means the area designated for the parking of vehicles within the park; “Permissible animals” means common domestic household pets which includes animals such as domesticated cats, dogs, mice, rats, rabbits, guinea pigs, fish, and birds, but excludes animals which are 210-5 §15-210-2 considered livestock, including, but not limited to, chickens, horses, cattle, sheep, or pigs; uPermitted tents” means a tent used to provide shade which is not fully enclosed. The addition of a side wall is allowed if it results in an enclosure of less than fifty per cent (i.e., pop up tents); “Permittee” means the promoter, sponsor, exhibitor, league, or other person who obtains a permit for the purpose of conducting a special event at a park; “Personal property” means property of any kind or nature, including but not limited to clothing, personal care items such as personal hygiene products and medicines, household items, materials, containers, cardboard, camping items, furniture, equipment, fixtures, bicycles or mopeds or motorcycles as defined in section 29lC-l, HRS; “Picnic” means an outing with food or refreshments provided by members of a group and eaten in the open and may include games, music or other activities for the enjoyment of members; “Play apparatus” means equipment installed in the park by the HCDA or with HCDA’s express written permission, specifically designed for recreation and play such as swings and slides or other equipment so designated by these rules or sign; “Premises” means any park land under the control, maintenance, and management of the HCDA including, but not limited to, the Kewalo basin park, Kakaako mauka gateway park, Kakaako makai gateway park, Kakaako waterfront park, Kolowalu mauka park and Kolowalu makai park; “Soliciting” means engaging in unpermitted commercial activities; “Storing” means to put aside or accumulate, to place or leave in a location; “Structure” means any shelter built with construction or other materials which can include parts of a tent; and “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, but excluding 210-6 bicycl CEff 6/11/05; am and comp 5/25/07, am and comp 3 (Auth. MRS §206E4) (Imp: MRS 206E_2, 206E-4) §15-2103 Severability These rules shall be liberally Construed to protect and preserve the health safety and gener welfare with the Kakaako community development district Should any provision of the rules be held to be unco 1 or invalid such holding shall not be construed as affecting the va1idit of any of the remaining provisions fEff 3 (Auth. MRS §2O6E4 206E-5, 206E7) (Imp: MRS §2O6E_4, 206E-5, 206E- 7) §15-2104 Enforcement (a) Citations Law enforcement Officer(s) and any other person authorized by the MCDA Shall have the Power(s) to issue a citation for any violation of the provisions of this chapter. (1) Law enforcement Officer(s) may Use a form of citation that is authorized for use for violations of Hawaii Administrative Rules, ordinances or HRS; (2) In every case when a citation is 1ssued, a Copy of the same shall be given to the violator or in the case of a Parking, standing or Stopping violation a Copy of the same shall be affixed to the vehicle, as provided in paragraph (5); (3) Every citation shall be consecutively numbered and each carbon Copy shall bear the number of its respective origin. (4) Whenever a motor vehicle is i violation of any provision, Other than a Parking, standing, or Stopping provisiOn, of this section, any law enforcement Officer and any other person so authorized shall take the name, address and driven5 license number of the alleged Violator and the license 210-7 §15-210-4 plate number of the vehicle or vehicle identification number of the motor vehicle involved, and shall issue to the alleged violator in writing a citation, notifying the alleged violator to answer to the citation in writing at the address provided and by the date listed; and (5) Whenever any motor vehicle is parked, standing, or stopped in violation of this section, the law enforcement officer and any other person so authorized finding the vehicle shall conspicuously affix to the vehicle a citation. The citation shall be addressed to the registered owner of the vehicle, but need not identify the registered owner by name, so long as the citation identifies the vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the citation in writing at the address provided and by the date listed. The registered owner of a vehicle shall be responsible and accountable for the illegal parking, standing, or stopping of the vehicle when: (A) The registered owner committed the illegal parking, standing, or stopping of the vehicle; or (3) Another person committed the illegal parking, standing, or stopping of the vehicle, but the registered owner gave the person explicit or implicit permission to use the vehicle at the time of the violation. In any proceeding for violation of a parking, standing, or stopping provision of this section, the license plate number or vehicle identification number of the parked, standing, or stopped vehicle shall constitute prima facie evidence that the registered owner of the vehicle was 210-8 §15-210-12 responsible and accountable for the illegal parking, standing, or stopping of the vehicle. Cli) Removed vehicles. (1) Complaint resolution may be initiated by persons claiming ownership or entitlement to vehicle towed under these rules by contacting the HCDA at (808) 594-0300; and (2) Any persons claiming ownership of the towed vehicle under these rules who wishes to pursue a contested case hearing shall file a request within fifteen calendar days of the vehicle being towed for which the contested case hearing is sought pursuant to section 15-219-45 et seq. Cc) Severability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the remaining portions hereof. Cd) Penalty. Any person cited for a violation of any section or provision of this chapter shall be subject to a fine of $50 for first time offense, $100 for second or third time offenses, and $500 for repeated offense beyond the third offense. Ce) Trespass. Any person(s) cited for repeated violation of any provisions of this chapter may be prohibited from use of the parks for a period of one year. Cf) Injunction. The authority may maintain an action for an injunction to restrain any violation of this chapter and may take lawful action to prevent or remedy any violation. [Eff 6/11/05; am and comp 5/25/07, am and ren §15-210-3, am and comp ] (Auth: FIRS §206E-4) (Imp: HRS §206E-4) §S15-210-5 to 15-210-12 (Reserved) 210-9 §15-210-13 SUBCHAPTER 2 USE OF PARKS