Pursuant to and by virtue of the authority set forth in Article 14, Section 13-14.2(a)(12), Revised Ordinances of Honolulu 1978 (ROH), as amended, Chapter 91, Hawaii Revised Statutes, the Director of the Department of Parks and Recreation of the City and County of Honolulu hereby adopts the following Rules and Regulations on Procedures for the Closure of Designated City Parks at Night Due to Illegal Activities.

A.    Applicability and Scope

    1.    These rules and regulations spell out the procedures for the closing of designated City parks during the night hours due to illegal activities occurring at that park.

    2.    These Rules and Regulations shall not apply to those who have a Park Use Permit issued by the Parks Permit Section to enter and remain in a City park which is closed to the general public at night.

    3.    If any provision of these rules and regulations, or the application of such provisions is held to be invalid, the remaining portions of these rules and regulations, or the application of said portions, shall not be affected.

B.    Objectives

    1.    To establish uniform procedures for closing designated problem City parks during the night hours.

    2.    To prevent costly damages to City park recreational facilities, prevent disturbances to nearby residents, and make our facilities a safer environment for all park users.

C.    Definitions

    1.    "Director" shall mean the Director of the Department of Parks and Recreation, City and County of Honolulu.

    2.    "Parks Permit Section" shall mean the section responsible for issuing Park Use Permits.

    3.    "Park Use Permit" shall mean written authorization to enter and remain in a City park which is closed at night.

A.    Only those City parks which are frequent targets of illegal activities shall be considered for closure during specified night-time hours to prevent costly damages to the facilities and disturbing noises to nearby residents. Such activities include but are not limited to:

    1.    Vandalism

    2.    Drinking of alcoholic beverages

    3.    Drug users/pushers

    4.    Loud, disturbing noises

    5.    Littering

    6.    Loitering

    7.    Other undesirable activities

B.    The following criteria will be used by the Director to determine closure of a City park at night:

    1.    There is a record of frequent illegal or undesirable activities occurring at night.

    2.    Closure will not deprive the public from participating in safe, healthful and legal recreational activities.

    3.    Closure will protect the health, safety and welfare of the public.

C.    The following shall be required prior to closure of a park during specified night-time hours.

    1.    Approval by the Director.

    2.    Concurrence from the respective Neighborhood Board.

    3.    Concurrence from the Board of Parks and Recreation.

    4.    Posting of sign(s) announcing the hours of closure at the designated City parks. The sign(s) shall read:

                                             VIOLATORS ARE SUBJECT TO $500 FINE OR
                                                            IMPRISONMENT OR BOTH

                                            DEPARTMENT OF PARKS AND RECREATION
                                                   CITY AND COUNTY OF HONOLULU

    5.    The Honolulu Police Department is notified of the closing.

Adopted this 3rd day of July, 1990, by the Director of the Department of Parks and Recreation, City and County of Honolulu, State of Hawaii.

                                                                                    WALTER M. OZAWA, Director
                                                                                     Department of Parks and Recreation
                                                                                     City and County of Honolulu

APPROVED AS TO FORM AND
LEGALITY:

__________________________
Deputy Corporation Counsel

Approved this   17th   day of
   July    , 1990.

___________________________
FRANK F. FASI, Mayor
City and County of Honolulu

I, WALTER M. OZAWA, in my capacity as Director of the Department of Parks and Recreation, City and County of Honolulu, do hereby certify that the foregoing is a full, true and correct copy of the Rules and Regulations on Procedures for the Closure of Designated City Parks at Night Due to Illegal Activities, which were adopted on July 3, 1990, following a public hearing held on June 28, 1990, after public notice was given on May 27, 1990, in the Honolulu Star Bulletin and Advertiser.

                                                                                          WALTER M. OZAWA, Director
                                                                                           Department of Parks and Recreation
                                                                                           City and County of Honolulu

Received this    24th    ,day of
      July     , 1990.

__________________________
RAYMOND K. PUA, City Clerk

(8004CW)