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Under and by virtue of the authority conferred upon him by Chapter 91, Hawaii Revised Statutes (HRS), Chapter 10, Revised Ordinances of Honolulu 1990 (ROH), as amended, and every other enabling power, the Director of the Department of Parks and Recreation of the City and County of Honolulu does hereby prescribe the following:
Section 38. Findings and Purpose. Pursuant to Section 10-1.3(10)(b), as amended, and Section 8 of these rules and regulations, a public hearing was conducted to determine the propriety of scuba diving (diving with self-contained underwater breathing apparatus) and snorkeling (use of face mask and tubed breathing apparatus) as commercial activities at City beach parks located in other than State Conservation Districts. The Department duly received applications from various individuals and organizations to conduct these activities, pursuant to Section 7 of these rules and regulations. As a result of the public hearing, the Department finds the proposed commercial activities to be essentially recreational in nature and complementary to the facilities of the park. These activities are hereby designated authorized activities in accordance with the definition provided in these rules and regulations, subject to the limitations and conditions hereinafter described. Section 39. Permits. (a) The Department may issue annual, monthly and daily permits; however, each applicant shall be limited to one permit for each day of operation. (b) Each permit shall be honored at any City beach park other than the following which are located within a State Conservation District: Diamond Head Beach Park Keaau Beach Park
Section 40. Number of Persons. (a) The maximum number of persons in a group, including instructors and assistants, shall be ten (10). (b) Each permit shall allow only one group to be at any of the beach parks and beach right-of-ways listed in the attachment. Section 41. Times of Use. (a) Permittees may engage in commercial scuba diving and snorkeling on any day, weekends and holidays included. (b) Permittees shall confine their commercial scuba diving and snorkeling activities between the hours from sunrise to sunset, except that night diving may be allowed for certification purposes only. Section 42. Fees. See Chapter 10.2 ROH 1990, as amended. Section 43. General Conditions. (a) The applicants for permits must possess the licenses required to conduct business in the State of Hawaii. Application for these permits shall be limited to those who are qualified to conduct these activities as defined in Section 3, Definitions: Scuba Instructor, Snorkel Instructor and Snorkel Tour Guides, of Part I of these rules and who shall have and provide proof of having experience of providing these services. (b) The applicants for permits must have in current force and effect an insurance policy covering the respective activity in which the combined limit of liability for bodily injury and property damage is $1 million per occurrence. The insurance certificate shall name the City and County of Honolulu and the State of Hawaii as additional insured. A certificate of insurance shall be filed with the Parks Permit Section of the Department. (c) Picnic tables and benches or areas owned by the City shall not be reserved for exclusive use of permittees, nor shall they be used for storage or as a staging area for commercial scuba diving and snorkeling equipment and supplies. (d) Vehicles used for commercial scuba diving and snorkeling activities shall not be driven into or be parked in City beach park areas, except in designated parking lots. (e) Soliciting business is prohibited within any of the beach parks. (f) Commercial notices or advertisements for scuba diving and snorkeling activities shall not be displayed, posted or distributed within any of the beach parks. (g) Permittees shall be responsible for the safety of persons under their charge and for determining that their physical capability and experience are adequate to safely participate under the existing sea and surf conditions. Scuba instructors, snorkel instructors and guides shall accompany their charges and remain in the water during the period while charges are participating in the activities. (h) Should it be adjudged that harm or death has resulted from the permittee's negligence or use of faulty equipment, the permit issued to the permittee shall be immediately revoked upon notice, review and consideration by the Department of Parks and Recreation without the possibility of future permits. (i) Permittee failing to perform in accordance with the conditions of these rules and regulations shall forfeit any further use of an existing permit and will not be allowed to apply in person, member of a firm, corporation, or entity for a period of two years from the date of failure to perform.
ADOPTED this 2nd day of October, 1992, by the Director of the Department of Parks and Recreation, City and County of Honolulu, State of Hawaii.
APPROVED AS TO FORM:
APPROVED this 12th day of October , 1992.
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 Governing Commercial Scuba Diving (to Include Snuba) and Snorkeling Activities in City Beach Parks Located in Other Than State Conservation Districts, which were adopted on October 2, 1992, following a public hearing held on September 22, 1992, after public notice was given on
Ala Moana Beach Park Kuilei Cliffs Beach Park
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