Pursuant to and by virtue of the authority set forth in Section 13-14.3, Revised ordinances of Honolulu 1978, Article VI, Chapter 13 of the Revised Charter of the City and County of Honolulu (1978), and Chapter 91, HRS, the Director of the Department of Parks and Recreation, subject to the approval of the Mayor of the City and County of Honolulu, hereby adopts the following rules and regulations relating to the use and defining the specific users of the access road between the upper and lower portions of Hanauma Bay Beach Park.

    Section 2. Applicability and Scope. These rules shall apply to the access road between the upper and lower portions of Hanauma Bay Beach Park. The purpose of these rules is to govern the use and to protect the health, safety and welfare of the park users and define the specific users authorized the use of the access road. It also provides through a concessionaire a means for the handicapped, elderly and others who choose to ride rather than negotiate the steep access road on foot.

    Section 3. Definitions. As used in these rules, unless the context requires otherwise:

    "Concessionaire" means a private individual, partnership, or corporation who is granted, in accordance with Chapter 30, ROH 1978, the privilege of providing the shuttle bus service on the access road between the upper and lower portions of Hanauma Bay Beach Park for a fee and the operator of the sack shop located at the lower portion of Hanauma Bay n Beach Park.

    "Delivery vehicles" means vehicles utilized to deliver goods to the food concession located at the lower end of the bay.

    "Director" means the Director of Parks and Recreation, City and County of Honolulu.

    "Emergency vehicles" means ambulances, fire engines, fire rescue vehicles, police cars or other vehicles responding to emergency situations.

    "Food concessionaire vehicles" means vehicles operated by the concessionaire or his employees on contract with the City to operate the food concession located in the pavilion' building at the lower end of the bay.

    "Lifeguard vehicles" means vehicles operated by the lifeguards of the Department who are on duty and assigned to Hanauma Bay Beach Park.

    "Other authorized vehicles" means vehicles granted the use of the access road by the Director of the Department.

    "Resident vehicles" means vehicles owned and operated by the Department of Parks and Recreation employee and his family who reside at Hanauma Bay.

    "Service maintenance vehicles" means public utilities vehicles and governmental vehicles used in the performance of official business.

    Section 4. Penalties. Any person found in violation of these rules may be subjected to a fine of up to Two Hundred Fifty Dollars or by imprisonment for up to thirty days, or by both fine and imprisonment, for each violation.

    Section 5. The following limitations shall apply to the usage of the access road.

    (a) The concessionaire by the terms and conditions of the concession agreement shall provide shuttle bus service on the access road between the upper and lower portions of Hanauma Bay Beach Park.

        Fees for the shuttle bus service shall be as approved by the terms of the concession agreement.

    (b) The concessionaire shall provide controls at the upper gate to ensure that only emergency, service maintenance, resident, concessionaire, lifeguards, delivery vehicles and other vehicles as authorized by the Director and as defined in Section 3 of these rules utilize the access road.

    (c) Individuals may negotiate on foot the access road between the upper and lower portions of Hanauma Bay Beach Park and shall have the right of way at all times.

    (d) All other vehicles are not permitted to utilize the access road between the upper and lower portions of Hanauma Bay Beach Park.


    ADOPTED this 23rd day of September 19 83 , by the Director of Parks and Recreation, City and County of Honolulu, State of Hawaii.

                                                                                              /s/ Emiko I. Kudo
                                                                                             EMIKO I. KUDO, Director
                                                                                             Department of Parks and Recreation
                                                                                             City and County of Honolulu

APPROVED AS TO FORM:

/s/ Maria C. Aviante-Tanaka
Deputy Corporation Counsel

APPROVED this 23rd day of
September ,19 83.

/s/ Eileen R. Anderson
EILEEN R. ANDERSON, Mayor
City and County of Honolulu

                                                                                               /s/ Emiko I. Kudo
                                                                                              EMIKO I. KUDO, Director
                                                                                               Department of Parks and Recreation
                                                                                               City and County of Honolulu 

Received this 26th day of
September , 1983.

/s/ Raymond K. Pua
RAYMOND K. PUA, City Clerk