HAR §15-210-29

HAR §15-210-29. Permit for commercial activities

Last amended: 2007Length: 7,142 wordsOfficial source

Cite as Haw. Code R. § 15-210-29

(a) No person shall engage in commercial activities of any kind without a commercial use permit from the authority or the authority's authorized representative. (b) Applicants, at a minimum, shall meet the following criteria to qualify for a commercial use permit : (1) Be a duly organized business in good standing in the State of Hawaii or an individual over the age of eighteen; (2) Hold a current Hawaii state general excise tax license; (3) Hold a current Hawaii state tax clearance certificate; and (4) Submit an application for a permit at least forty-five days prior to the requested permit commencement date. (c) A commercial use permit application may be denied if the authority or the authority's authorized representative determines that: (1) The proposed activity would be detrimental to the integrity of the park; (2) The proposed activity would be detrimental to the safety of the users of the park; (3) The requested area is already subject to an issued permit(s) and issuing additional permits in the area would compromise the access and availability of the park or the enjoyment or safety of the general public; (4) The proposed activity will have a significant negative impact on park users and facilities; (5) Legitimate and verified complaints have been received regarding overuse and impairment of the condition or public enjoyment of the park area requested; (6) The applicant, its principals, subsidiaries, or affiliates has a prior record of noncompliance with permit conditions or violations of this chapter or other rules administered by the authority or any county; (7) The proposed commercial use is not allowed on the premises pursuant to the Kakaako community development district mauka and makai area plan and rules; ( 8 ) The executive director determines that the activity orevent is not in the best interest of the resource or the public; or (9) Any other basis for denial exists that is provided for under this chapter. (d) The authority or the authority's authorized representative shall issue a denial of an application in writing setting forth the reason for the denial. The applicant may appeal the denial in writing to the executive director within fifteen calendar days from receipt of the denial. The executive director's decision shall be final. [Eff 6/11/05; am and comp NAY 2 5 7007 ] (Auth: HRS 5206E-4) (Imp: HRS 92063-4) 515-210-30 General commercial use permit provisions. All commercial use permits shall be subject to the following provisions: (1) Permits shall not be transferable or assignable, unless explicitly authorized in the approved permit; (2) Permits shall be site and use specific; ( 3 ) Persons or organizations to which permits are issued are bound by the permit conditions stipulated on or attached to the permit; (4) Permittee shall comply with all applicable laws, rules, and regulations of the federal, state, and county governments. Issuance of a permit is not a grant of any other approvals that may be required of the permittee for the permitted activity, nor does a permit exempt the permittee or the permitted activity from any applicable laws, rules, ordinances, and regulations of any federal, state, or county governments; (5) Permittee shall at all times have comprehensive general liability insurance in minimum amounts that may be set by the authority, listing the State of Hawaii as an additional insured; (6) Permittee shall have the permit at the site and produce it upon request; (7) Depending upon type and intensity of the commercial activity, a refundable security deposit may be required by the authority or the authority's authorized representative. The security deposit shall be refunded if the area used by the permittee has been cleaned and restored to an acceptable condition upon expiration of the permit or if the permit is canceled prior to use. The authority may retain all or part of the security deposit for cleaning and site restoration purposes. Retention of the security deposit shall not preclude the authority from pursuing other legal remedies to address cleaning and site restoration if required; ( 8 ) The use of the premises shall not be in support of any policy that discriminates against anyone based on race, religion, color, sex, national origin, marital status, sexual orientation, familial status, ancestry, physical handicap, disability, age, or HIV (human immunodeficiency virus); (9) Permittee shall not transport onto the premises nor cause or permit the escape, disposal, or release of any hazardous materials except as permitted by law. "Hazardous materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous substance, or oil as defined in or pursuant to the Resource Conservation Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Federal Clean Water Act, or any other federal, state, or local environmental law, regulation, ordinance, rule or bylaw, whether existing as of the effective date of these rules, previously enforced, or subsequently enacted or amended; (10) Any other restrictions or conditions may be imposed by the authority to protect the integrity, condition, and safety of, or access for the general public to the premises; provided restrictions and conditions may include, but are not limited to, the size of the area available for the activity, location of the activity, the type of activity, seasonal and weather restrictions, intensity of the activity or the requirement to hire licensed security services deemed necessary by the authority or the authority's authorized representative; (11) The issuance of a permit shall not constitute a vested property interest, but is a privilege granted for the use of the premises for a specified activity and time period; (12) Failure to use the permit at the designated time and place, not due to an act of interference by the authority, shall not result in a refund or credit against paid fees ; (13) Permits are not automatically renewable. Granting of a permit does not entitle the permittee to re-issuance of the permit; (14) Permittee shall be responsible for the cleanup and hauling away, and any costs associated therewith, of any trash resulting from the permittee's activity; and (15) Permittee may charge a reasonable admission fee to any person desiring to enter the premises for the purpose of observing the permitted event. [Eff 6/11/05; comp MAY 2 5 2007 I ( ~ u t h : HRS S206E-4) (Imp: HRS S206E-4) 515-210-31 Commercial use permit fees. (a) Applicants for a commercial use permit shall be charged an application fee of $100 at the time of filing the application to defray the cost of processing, issuing, and administering commercial activity permits. A schedule of usage fees shall be set from time to time by the authority. The application fee shall be paid when the application is filed. (b) All payments of fees and charges shall be in cash, check, cashier's check, certified check, postal money order, bank money order, or other methods approved by the authority. [Eff 6/11/05; camp MAY 2 5 2007 ] (~uth: HRS ~ 2 0 6 ~ - 4 ) (Imp: H R S S206E-4) S15-210-32 Commercial use permit cancellation, revocation, or termination. (a) The authority or the authority's authorized representative may cancel a permit on thirty calendar days' written notice. (b) The authority or the authority's authorized representative may cancel, revoke, or terminate a permit without notice and hearing when: (1) An emergency is declared by the authority, the authority's authorized representative, or other proper authority; (2) A permittee violates permit conditions or provisions of this chapter; (3) The permitted activity damages or threatens damage to the integrity or condition of the premises or the surrounding environment; (4) Non-use of the permit; or (5) The permitted activity poses a threat to the health, safety, or welfare of the general public or otherwise negatively impacts the general public's use and enjoyment of the premises or surrounding lands. (c) Except for good cause shown, as determined by the executive director, no refund will be given of any amounts paid when a permit is canceled, revoked, terminated, tarily surrendered. [Eff 6/11/05; am and comp O~AY -by 2w7 I (Auth: H R S S206E-4) (Imp: H R S S206E-4) 515-210-33 Indemnification and hold harmless. The permittee shall hold the authority and the State harmless with respect to, and indemnify the authority and the State against, all liability, loss, damage, cost, and expense, including attorneys' fees, arising out of or resulting from the acts or omissions of the permittee, or the permittee's employees, officers, agents, or subcontractors with respect to any commercial activity conducted or any improvement constructed or installed at the public parks. [Eff 6/11/05; comp MAY 25 2007 ] (Auth: HRS 5206~-4) (Imp: HRS 52063-4) 5515-210-34 to 15-210-45 (Reserved) SUBCHAPTER 4 PERMITS AND FEES FOR USE OF PARKS 515-210-46 Permits. (a) Required. Any person using the premises shall first obtain a permit from the authority for the following uses: (1) Picnic groups, consisting of fifty or more persons; (2) Sports activities c0nducted.b~ a league, organization, association, group, or individual; (3) Recreational activities, including nonprofit fundraising activities, sponsored by community organizations, associations, groups, or individuals; (4) Meetings, gatherings, or other similar activity held by organizations, associations, or groups; (5) Nonrecreational, public service activities, meetings, and gatherings held by organizations, communities, or groups; (6) The playing of musical instruments as solo or two or more instruments described as follows : (A) Musical instruments which are limited to two octaves or less, including, but not limited to, the following musical instruments: (i) Tuba; (ii) Tympani; (iii) Maracas; (iv) Uliuli; (v) Castanets; (vi) Tambourine; or (vii) Percussion instruments in which a human hand or drumsticks are used to create sounds; (B) Musical instruments which when played do not exceed the sound pressure level established in section 15-210-13 (b) (11) ; and (C) Musical instruments which are used or played continuously without a regular hourly break of thirty minutes, or for more than six hours within a day; (7) Hang gliding; or (8) Commercial activities designed for profit, which include but are not limited to the exchange or buying and selling of commodities or the providing of services relating to or connected with trade, traffic, or commerce in general. The proposed commercial activities under the permit shall be consistent with the use of the park under consideration, subject to reasonable limitations on the size of the groups, and the time and area within which the event is permitted. (b) Issuance standards for permits. The authority or the authority's authorized representative shall uniformly treat each application, based upon the facts presented, free from improper or inappropriate considerations and from unfair discrimination and shall exercise no other discretion over the issuance of a permit under this section, except as provided in this section. All permits issued by the authority shall : (1) Ensure maximum permissible use of the areas and facilities by appropriate distribution of users; (2) Ensure proper, orderly, and equitable use of areas and facilities through scheduling and user controls; (3) Ensure protection and preservation of areas and facilities by not overtaxing facilities; and (4) Promote the health, safety, and welfare of the users of said areas and facilities. (c) General provisions. (1) Permits governing the use of public facilities and areas within the premises shall consist of the following types: (A) Group use; (B) Special use; or (C) Temporary concession; (2) The authority or the authority's authorized representative may issue permits. Permits shall be obtained from the authority. The current address of the authority is: 677 Ala Moana Boulevard, Suite 1001, Honolulu, Hawaii 96813. Future change of address will be reflected on Hawaii community development authority's website (www.hcdaweb.org). The following conditions shall apply to all permits: (A) Permits shall be issued on a first-come first-served basis; (B) All responsible persons eighteen years of age or older shall be eligible to secure permits; (C) Permits shall be requested no later than forty-five days before the requested permit date and, once issued, may be picked up between the hours of 8:00 a.m. and 4:00 p.m. on regular working days; (D) Permits shall not be transferred; ( E ) Persons or organizations to whom permits are issued are bound by the permit conditions stipulated on or attached to the permit and any applicable federal, state, and county laws, ordinances, rules, and regulations; (F) The size of groups as well as the length of time any permit may be in effect may be limited by the authority or the authority's authorized representative; ( G ) Fees and charges as set by the authority shall be assessed for permits to defray the cost of special facilities, services, or supplies provided by the State, or to meet other conditions as the authority or the authority's authorized representative may prescribe to carry out the provisions of this chapter. Charges may be waived by the authority if, in its opinion, the waiver is in the public interest and benefits the State; (H) Deposits. The authority or the authority's authorized representative may require a security deposit as a condition of issuing a permit. A deposit shall be collected from the applicant prior to issuance of the permit. This deposit is required to assure proper cleanup and restoration and shall be refunded by mail if the area used is cleaned and restored to the satisfaction of the authority or the authority's authorized representative. The amount of deposit shall be determined as follows: Activity/ Event Group Size Deposit 50 - 100 100 - 200 More than 200 (I) All payments of fees and charges shall be in cash, cashier's check, certified check, postal money order, or bank money order provided that personal or business checks may be used to pay for events that will occur thirty or more days after the date of the payment; (J) All permittees shall, upon request, show the permit to any law enforcement officer, the authority, or the authority's authorized representative; and (K) Other procedures, terms, and conditions deemed by the authority or the authority's authorized representative necessary to carry out the provisions of this chapter, or any applicable federal, state, or county laws, ordinances, rules, or regulations; (3) Permits may be denied when: (A) The premises or park facilities are closed or will be closed because of damages, or because of scheduled or ongoing, construction, repairs or maintenance activities, or because of other reasons ; ( B ) A state of emergency is declared by the authority, the authority's authorized representative, or other proper authorities; ( C ) Natural or civil disturbances occur or threaten to occur, including, but not limited to, tsunamis, floods, earthquakes, storms, riots, demonstrations, and employee strikes; (Dl There are inadequate facilities to meet the needs of the applicant for the permit; (E) The premises or facilities will be used by another permittee; or (F) The applicant has a prior record of noncompliance with permit conditions or violations or violations of this chapter; (4) Permits may be canceled or terminated at any time without advance notice when: (A) A state of emergency is declared by the authority, the authority's authorized representative, or other proper authorities; ( B ) Natural or civil disturbances occur or threaten to occur including, but not limited to, tsunamis, floods, earthquakes, storms, riots, demonstrations, and employee strikes; ( C ) Permittee violates permit conditions or provisions of this chapter; or (D) Fees, as required, are not paid. (d) Group use permits. (1) Any group larger than twenty-five members shall be required to obtain a group use permit to remain within the premises; (2) Group use permits may be denied to any person, group, organization, or association when space is inadequate to accommodate the group or as otherwise provided in subsection (c) ; (3) Group use permits shall set forth the day and time the group shall be allowed to remain on the premises as follows: (A) Permits may be issued for hours between 7 : 0 0 a.m. and 10:OO p.m. of the same day; ( B ) An earlier or later starting time may be granted by the authority or the authority's authorized representative to accommodate special functions; and ( C ) Minors below the age of eighteen may be allowed to remain on the premises on their own if the adult who secures the permit for them will be responsible for them and also provided that their use is between the hours 7:00 a.m. to 7:00 p.m. of the same day. Minors staying beyond 7 : 0 0 p.m. in park areas that normally stay open past 7 : 0 0 p.m. shall be under the supervision of adults on a ten minors to one adult ratio. All minors from the same family, who are accompanied by at least one of their parents, shall be allowed to remain in the area past the 7:00 p.m. deadline, where permitted, without regard to the adult-minor ratio; (4) The authority or the authority's authorized representative may require the permittee at the permittee's own cost, to provide licensed security services or protection in the interest of public safety and welfare and for the protection of property when the number or persons under the permit is one hundred or more. (e) Special use permits. (1) Special uses shall be permitted only with a special use permit issued by the authority or the authority's authorized representative. Special uses are all types of uses other than temporary concession and group use and considered compatible with the functions and purposes of each individual area, facility, or unit of the premises; (2) Requests for permits for special uses shall each be considered on its own merits, including its effect on the park area, facilities, and the public's use and enjoyment; (3) Special uses include but are not limited to such activities as assemblies, carnivals, celebrations, concerts, demonstrations, festivals, gatherings, meetings, pageants, parades, public expressions of views, rallies, regattas, shows, sport events, weddings, and other community or ethnic oriented events, or activities, or other spectator attractions that are open to the general public or to restricted groups; (4) Requests for permits shall be submitted to the authority a minimum of forty-five days before the date of use being requested for all special use activities or events including those involving the charging of fees, the sale of goods or services, and sponsorship or co-sponsorship by commercial establishments; (5) Requests for special use permits shall be submitted in writing and shall provide the name, address, and phone number of the applicant, the date, time, duration, nature, and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith. If the event is for the purpose of raising funds, a statement on how the profits will be used is required; (6) Permits may be denied when: (A) A prior permit for the same time and place has been or will be granted; (B) The event presents a clear and present danger to the public health or safety; ( C ) The event is of a nature or duration that cannot reasonably be accommodated in the particular park area applied for; (D) The event will significantly interfere or conflict with the public's general use and enjoyment of the particular park area applied for; or ( E ) Applications or requests for permits are not received by the authority within the times specified in paragraph (4); The permit may contain conditions relating to protection and use of the park area for the purposes for which it is maintained, reasonable limitations on the time and area within which the event is permitted, and requirements for liability insurance coverage; and The authority or the authority's authorized representative may require the permittee at the permittee's own cost, to provide licensed security services or protection in the interest of public safety and welfare and for the protection of property when the number of persons under the permit is one hundred or more. Temporary concession permit. Activities where donations or entry or registration fees are collected for the purpose of defraying expenses incurred by the permittee in conducting the event or activity or activities where the public is charged an admission fee or where a donation is accepted for the purpose of realizing a profit (fundraising activity) shall require a temporary concession permit; The applicant must be a bonafide nonprofit organization as defined in Internal Revenue Code section 501 (c) (3) ; The authority may require a financial report if it deems necessary; A temporary concession permit is allowed only if it is in conjunction with another activity or event which is authorized by a special use permit; The temporary concession permit is issued to the nonprofit organization who is promoting, producing, staging, or conducting the event or activity; (6) Except for craft fairs and art marts, no person may profit from a temporary concession. All net profits earned from the temporary concession must be applied to the expenses of the nonprofit organization incurred in connection with events or activities directly related to the purpose for which it has been organized; (7) The nonprofit organization must procure a liability insurance certificate bearing their name with the authority as additional insured. Products liability shall be included if food or other items are sold; (8) If a commercial food caterer or lunchwagon is allowed to operate by prior arrangement with the nonprofit organization, liability insurance coverages, including products liability, shall be provided by both the nonprofit organization and commercial food caterer or lunchwagon; and (9) Groups or applicants applying for the temporary concession permit to sell food shall first obtain clearance from the department of health. The clearance certificate must be presented to the authority before the temporary concession permit may be issued. [Eff 6/11/05; am and MAY 2 5 2007 I (~uth: HRS 5206E-4) (Imp: HRS S206E-4) 515-210-47 Fees for use of facilities. (a) The executive director is authorized to issue a permit and charge a fee for the use of the parks or recreational facilities within the parks to help cover operating and maintenance expenses when the parks or facilities are used for special events. A schedule of fees shall be set from time to time by the authority. The effective date of any change in fees shall be thirty days after posting the approved fee schedule on the Hawaii community development authority website. For purposes of this section, "special events" means: (1) Athletic practices and events involving: (A) Professional teams; ( 8 ) Collegiate teams; (C) National amateur teams; (D) For-prof it organizations; or (E) Teams and organizations utilizing the facilities for tournament play; (2) International, national, or regional events; (3) Entertainment events; (4) Educational events; (5) Promotional events; or (6) Fundraising events. (b) Permittee may charge a reasonable admission fee to any person desiring to attend the special event within the park or at a recreational facility within the park; provided however, that the permittee may not exclude members of the public from entering or remaining on portions of the park or facility that are not subject to the permit. (c) The executive director may consider waiver of permit fees on a case-by-case basis. (d) The executive director shall provide the authority with an annual report setting forth the permit fees established for special events at the parks or recreational facility within the park and the amount of fees collected for each park or facility. The report shall be submitted no later than sixty days following the end of the Hawaii community development authority's fiscal year. [Eff 6/11/05; am and "Omp MAY 2 5 2007 - ] (Auth: HRS S206E-4) (Imp: HRS S206E-41 S15-210-48 Fees for attendant or custodian services. Organizations whose use of state recreational facilities requires an attendant or custodian, shall pay the cost of the attendant or custodian serv %?of=? the authority. [Eff 6/11/05; comp ] (Auth: HRS S206E-4) (Imp: HRS S206E-4) 515-210-49 Usage fee schedule. Activity Monthly I Annual Daily Permit Permit I Commercial: Carnivals Concerts political) Id 1 $1,000 $1,000 per 100 projected Demonstrations (non- 1 $200 I N /A 1 N /A I attendees Festivals . - , ocean recreational 1 $10 I $100 1 $500 N /A N/A 1 Fitness training I activities (surfing, 1 scuba diving, N/A I $500 I Food/beveraae sales I $20 I $500 ! $4.000 $10 N /A kayaking, etc. ) Other Pageants T-shirt sales N/A 1 $100 Wedding ceremonies Commercial filming Commercial photography Commercial videotaping Special Events: Athletic practices - and events as specified in 515-210-47 (a) (1) (A through E) International, national, or regional events Entertainment events Educational events Promotional events Fundraisina events $500 $50 $300 $20 $300 $500 $500 $500 $100 $200 I $ 1 nn $200 $2,500 $100 $2,500 N /A N /A N/A N/A N/A 1 N/A $1.000 J $10,000 $1,000 $10,000 N /A N/A N/A N/A N/A N/ A (P-390Z§ SHH : d W ) ( P - 3 9 0 ~ ~ SHH :wnv) [ h@Jd 2 2 At/W duo3 pue 2231 Amendments to and compilation of Chapter 210, Title 15, Hawaii Administrative Rules, on the Summary Page dated April 4, 2007 were adopted on April 4, 2007 following a public hearing held on March 7, 2007, after public notice was given in the Honolulu Star- Bulletin, The Maui News, West Hawaii Today, Hawaii Tribune-Herald and The Garden Island on February 5, 2007. They shall take effect ten days after filing with the Office of the Lieutenant Governor. DANIEL DINELL Executive Director Hawaii Community Development - Aythority Director Department of Business, Economic Development & Tourism APPOVED AS TO FORM: " ~ e r n e y General Governor State of Hawaii Filed . . 210-33 - - . . . B.1 5 4 ,. - MCrnMM m r r r r Cn Cn Cn C n l I I 1 N N N N r r P r o o 0 0 1 1 I I W N P P rt 0 N r 0 I m o m r t 1 (D G N h M t i 0 r-'6 t i t 1 0 - 0 w m ~ m r t m m 3 r - m m o m t 1 z t i r t m 4 o n > 0 5 a 3 w 3 '6 t i r. P - Q t1 I - m r . r m 0) m . a - rt ti r t w w o t 1 r t n a r. rr ti < w m q m ' 6 w m rt a m ~ m m G e W P m m m N o m * m t i - 0 0 r a m o r G t1 m 0 D - r t s r w Y m r. rt r- .. 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I rt rt r- : 3 = v w r t w s a c r m o m w u r n o t i c r o t i m - t i - 3 m i i t i r- r.rtv r t r r t < ~ w c z m r t n , ~ r u m w m 5 r- Q (D P - P 5 0 a c =not c m r r t 3 w - iil: a 3 ID o o w 3 w r n c r 3 1 n , + h r n n, r n r . w m - 0 r t 3 3 o r t r t 5 r n w o m ~ r r - rti m J m t r r t n , n ti 5 rt 0 v r t m v 3 3 a t i 5 t i n , a m o t o w m G t i 3 t i w 3 n r n o v m r n r - r t o r t c w r t v r . 3 n, v r n v 3 ti pa.. r Q m m 5 n r n w o r n r- o v v ~ ti r n o o w 3 a v 3 t i w w m r t r n x r t n n w o - e n , m t i a o w 3 - P r rn m w t i w r t r t m 3 t i Y a a c v c nn, w a x - - t i c rn i m 3 - r- c a m 3 a -Q n n, v v o r :Y C I C s n a 3 rts w r- n, 5 r . 0 3 w m m r t ~ 3 r n r n - r n m - r t t i u c w m 3 c 3 r t Q 0 rt n m w r t 0 t i 0 3 < o a t i o m t i r n rt cr n,Y m w r n n r a 3 rn r r - Y ID3 a o r n r - o n m - rt rn 0 m r t c 1 3 a 1 3 5 0 a r t m r t r t C Y r t O O v 5 t i - m r t m t i o t i r n w rt n G w v r t o r t r n , 5 0 0 m * ~ 5 r a 0 c r.< ti u g n n , r n r r - w m 5 - r 3 3 r - n, rn n 3: m r o a m v .. m r. a rn rn o m 0 r t r t m T w m Q rt t i m 5 w ' ti C T w w m r i i c w m w r t r n w w 5 n j r o 0 5 0 ti tt ID r- c r l r t r t r n D Y T ' r t - . n, m rn cr H,*m w w t i 0 3 0 r. a 3 r r n rt P' - rt v Y: K w t i j r rn jr r. HI 0 3 w c s n rt r. r r r r. o r- l r t r t n,' Y * r = r. w 3 3 t l m a w r t r n 3 5 n rn m PI a rt v m ~ w a m t i - x w 3 a 3 a 0 0 tia 3 o m n, < t i rt r - w . w = a r t m t i on, r- X Y O 0 m 3 r t 3 0 m a ti rn c m n , w r t m 3 3 w r - r n r n rn ti < w v m m r t o t~ r . c r o a w o r t c r.ti 3 w rt c r r t = r t w m m r- r- n cr r . 0 a r t 3 3 n, o n t i o r r t r t : t i c 0 5 a m 3 rn n, 0 m n, rn 0 u w t i - 0 3 < m c rn r - v t i 3 n c o a r t m r t s w 5 rn ti m r. rt r. r . r n z m m 3 m r n X I 3 m j r o v o n r-rt w m C 3 ti r t a r i i r t r- -. r- rn 5 < g - . m n, CI. rt v a m w r. a cr ti ii m r t - n o r t - 0 0 ti design, development or for the purpose of lease or permit to third parties; 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, including mopeds, but excluding bicycles and other devices moved by human power. [Eff 6/11/05; am and comp 5/25/07] (Auth: HRS S206E-4) (Imp: HRS SS206E-2, 206E-4) 515-210-3 Enforcement. (a) Citations. Police officers and any other officer so authorized shall issue a citation for any violation of the provisions of this chapter: (1) There shall be provided for use by authorized police officers, a form of citation for use in citing violators of this chapter for instances which do not mandate the physical arrest of the violators. The form and content of the citation shall be adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and rules of the State of Hawaii and the city and county of Honolulu; (2) In every case when a citation is issued, 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 original; (4) Whenever a motor vehicle is in violation of any provision, other than a parking, standing, or stopping provision, of this section, any police officer and any other officer so authorized shall take the name,