HAR §15-210-3. 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 210-4 ·2 6 45 §15-210-3 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, address, and driver's license number of the alleged violator and the license 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 complaint to be entered against the person at a place and at a time provided in the citation; (5) Whenever any motor vehicle is parked, standing, or stopped in violation of this section, the police officer and any other officer 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 210-5 §15-210-3 vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the charge against the registered owner at a time and place specified in the citation. 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 (B) 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 responsible and accountable for the illegal parking, standing, or stopping of the vehicle; or (6) If a person cited for violating any provision under this section does not appear in response to a citation, a penal summons shall be issued ordering the person's appearance in court. (b) Police officers and any other officer so authorized may arrest in situations where: (1) The alleged violator refuses to provide the officer with the person's name and address and any proof thereof as may be reasonably available to the alleged violator; (2) When the alleged violator refuses to cease the person's illegal activity after being issued a citation; or 210-6 §15-210-13 (3) The alleged violator has previously been issued a citation for the same offense within a one-year period. (c) 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. (d) Penalty. Except as otherwise provided in paragraphs (1) through (4), any person convicted of a violation of any section or provision of this section shall be punished by a fine of not more than $500 or by imprisonment for not more than thirty days, or by both the fine and imprisonment; provided however, any person who violates or causes a vehicle to violate the provisions of the following sections shall be fined not less than $25, but not more than $500: (1) §15-210-13 (a) (11); (2) §15-210-13 (a) (14); (3) §15-210-13 (b) (5); or (4)