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

B.        Definitions

        The following definitions shall apply to the provisions contained in these regulations.

    1.        "Department" - The Department of Parks and Recreation, City and County of Honolulu, also referred to herein as DPR.

    2.        "Director" - The Director of the Department of Parks and Recreation, City and County of Honolulu, or his duly authorized representative.

    3.        "Tennis Specialist" - The Department of Parks and Recreation employee who is responsible for supervision of tennis program.

    4.        "Reservation Permit" - A written warrant (hereinafter sometimes referred to as "Permit") issued by the tennis specialist or by the area representative authorized by the Department granting the permittee exclusive right to use the public tennis courts named in the permit on the dates and during the hours specified therein.

    5.        "Permittee" - The group or organization to whom a permit is issued.

    6.        "Public Courts - Tennis Courts under the jurisdiction, control and operation of the Department of Parks and Recreation.

        Any person or persons who wish to play tennis on the public courts may do so, subject to the "Tennis Court Rules" posted at all public courts. No reservation permit is required or issued for such use. However, unless there happens to be a court vacant, it means awaiting their turn on a first-come, first-served basis, and is also subject to prior rights of those holding reservation permits. An application for a reservation permit is not an application for permission to play, since everyone already has such a right; it is an application for permission to exclude everyone from playing except the group applying for a reservation permit. Therefore, there is a need for regulations to protect the public interest and to provide a basis for fairness and consistency in issuance and use of reservation permits.

B.    General

    1.    (a)        Any group requesting a reservation permit for use of public tennis courts must submit a program showing what is to be run on the courts for review by the Department, to determine the hours and numbers of courts necessary, and whether the program is in the public interest.

        (b)        "Request for Use of Facilities at the Diamond Read Tennis Center, Ala Moana, Kapiolani and Keehi Lagoon tennis courts shall be submitted to the tennis specialist at his office at the Diamond Head Tennis Center for approval.

        (c)        "Request for Use of Facilities" at other public tennis courts shall be submitted to the area representative designated by the Department and located at the public tennis courts listed on the sheet marked and attached hereto as Exhibit "A".

    2.        All applications for reservation permits shall be submitted no later than one month prior to the starting and ending times.

    3.        No reservation permits shall be issued for use of courts by schools for practice.

    4.        Any group having a permit must post notice and a copy of the permit on the fence of the tennis court named in the permit at least one week prior to taking over the courts. Notices shall state court numbers, starting and ending dates, and starting and ending times; if for a tournament, notices shall state when entries will be closed. Signed permits must be displayed at time of use.

    5.        Reservation permit requests shall be equitably distributed to all court complexes of four or more courts.

    6.        With the exception of major Department-sponsored tournaments, no more than one-half the courts may be reserved at complexes with four or more courts. There shall be no reservations at complexes with less than four courts, excepting for tennis instruction classes sponsored by the Department.

    7.        Tennis players participating in a program for which a reservation permit has been issued shall restrict their tennis activities to those courts assigned by such permit during the hours for which such permit is valid.

    8.        A master sheet shall be maintained at the Permit Section of the Department to show reservation permits issued for all major facilities. (For the present, this means only Diamond Head Tennis Center and Ala Moana.)

    9.        Reservation permits shall be issued only to non-profit organizations. Events must be open to public participation. The public may not be excluded from watching the event. Reservation permits will not be issued to individuals.

    10.        All tournaments, team matches and other competitive events played on the public tennis courts under reservation permits shall use the "no-ad" scoring system, play a "five-out-of-nine-point-tie-breaker" after reaching six-all, and play not more than two out-of-three sets. Submission of an application for a reservation permit shall be understood to imply acceptance of these limitations.

    11.        The Department reserves the right, which is delegated solely to its tennis specialist, to issue reservation permits when it is deemed of interest to the general public to include spectators and tennis players alike, i.e., celebrity tennis, visiting top ranked tennis teams or individuals, team matches between top Junior Davis Cup members and top ranked Junior Veterans and Senior players, provided the permit guidelines regarding the number of courts to be used are observed. Issuance of such permits would be limited to major tennis centers. (For the present, this means only Diamond Head Tennis Center and Ala Moana.)

C.        Honolulu Tennis League and Honolulu Junior Tennis League

    1.        Restrict use of courts to no more than one-half of courts at location for which permit is issued. (See Part II, paragraph B, 6.)

    2.        Limit time of permits to the period from early morning to 12 noon.

    3.        Distribute matches among all available major facilities as equally as possible.

D.        Tournaments and/or Exclusive Use

    1.        Junior tournaments should be encouraged to be held during week-days before 4:30 p.m. in summer or during school vacations.

    2.        Junior tournaments and high school matches shall be distributed among all major facilities. Emphasis should be given for schools to play matches on school courts.

    3.        In general, public and private schools should use their own courts whenever possible.

    4.        Major tournaments which cannot be played at private facilities should be equally distributed among all facilities with six or more courts.

    5.        All major Department sponsored tournaments are to be run off in one to two weeks by using all available courts at a facility during the hours permitted.

        The public may obtain information as to matters within the jurisdiction of the Director of Parks and Recreation, Department of Parks and Recreation, City and County of Honolulu, by inquiring at:

    (1)        The office of the City Clerk, City Hall, where there are on file all rules of the Department; or

    (2)        The office of the Department of Parks and Recreation. All rules, orders or opinions of the Department are on file and available for public inspection at said office. Copies of compilation of rules and supplements thereto are available to the public at a price to be fixed by the agency to cover mailing and publication costs.

3.2.    Submittals or Requests for Information

        Such inquiry may be made in person at said offices during business hours, or by submitting a request for information in writing to the Director of Parks and Recreation, Department of Parks and Recreation, Honolulu, Hawaii.

        Any interested person may petition the Department requesting the adoption, amendment or repeal of any rule of the Department.

4.2.    Submission

        The petition shall be submitted in ten (10) copies to the Director, Department of Parks and Recreation, City and County of Honolulu. It shall include:

    (a)    A statement of the nature of the petitioner's interest.

    (b)        A draft or the substance of the proposed rule or amendment or a designation of the provision sought to be required.

    (c)        An explicit statement of the reasons in support of the proposed rule, amendment or repeal.

4.5.    Disposition of Petition

        The Department shall within thirty (30) days after the submission of the petition either deny the petition in writing, stating its reasons for such denial, or initiate proceedings in accordance with Section 91-3 of the Hawaii Revised Statutes, for the adoption, amendment or repeal of the rule, as the case may be.

        Any interested person may petition the Department for a declaratory order as to the applicability of any statute or ordinance relating to the Department, or of any rule or order of the Department.

5.2.    Submission of Petition

        The petition shall be submitted in duplicate to the Director, Department of Parks and Recreation, City and County of Honolulu.

    It shall contain:

    (a)        The name, address, and telephone number of the petitioner.

    (b)        A statement of the nature of petitioner's interest, including reasons for the submission of the petition.

    (c)        A designation of the specific provision, rule or order in question.

    (d)        A complete statement of facts.

    (e)        A statement of the position or contention of the petitioner.

    (f)        A memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position or contention.

5.3.    Rejection of Petition

        Any petition which does not conform to the foregoing requirements may be rejected by the Department.

5.4.    Refusal to Issue Declaratory Ruling

        The Department may for good cause refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the Department may so refuse where:

    (a)        The question is speculative or purely hypothetical and does not involve existing fact, or facts which can reasonably be expected to exist in the near future.

    (b)        The petitioner's interest is not of the type which would give him standing to maintain an action if he were to seek judicial relief.

    (c)        The issuance of the declaratory ruling may adversely affect the interest of the City, the Department or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise.

    (d)        The matter is not within the jurisdiction of the Department.

5.5.        Referral to Other Agencies

        Where any question of law is involved, the Department may refer the matter to the Corporation Counsel. The Department may also obtain the assistance of other agencies, where necessary or desirable.

5.6.        Notification of Petitioner

        Upon the disposition of his petition, the petitioner shall be promptly informed thereof by the Department.

5.7.    Status of Orders

        Orders disposing of petitions shall have the same status as other Department orders. Orders shall be applicable only to the fact situation alleged in the petition or set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist.

        A person seeking a relief from any provision of the Park Rules and Regulations may discuss the matter informally with the Director of Parks and Recreation or his authorized representative.

6.2.    Formal Application

        If the matter is not disposed of thereby, such person may apply to the Department for relief by completing the appropriate "Application for Relief" form available at the Department of Parks and Recreation.

6.3.    Public Hearing

        Notice of such hearing, in conformance with Section 91-9, Hawaii Revised Statutes, shall be published at least twenty (20) days prior to such hearing in a newspaper of general circulation in the City. At the hearing opportunity shall be afforded all persons to present evidence and argument on all issues involved.


ADOPTED THIS 24th DAY OF June, 1976, IN HONOLULU, HAWAII.

                                                                                /s/ Young Suk Ko
                                                                               YOUNG SUK KO, Director
                                                                                Department of Parks and Recreation
                                                                                City and County of Honolulu

                                                                                Approved this 5th day of
                                                                                August , 19 76 .

                                                                               /s/ Frank F. Fasi
                                                                              FRANK F. FASI, Mayor
                                                                              City and County of Honolulu

APPROVED A FORM:

/s/ George I. Hieda
Deputy Corporation Counsel

Received this 6th day of
August , 19 76

/s/ Raymond K. Pua
Deputy City Clerk

    1.        That the foregoing is a full, true and correct copy of the Rules and Regulations of the Department of Parks and Recreation relative to the issuance of reservation permits for the use of public tennis courts which were adopted on June 24, 1976; and

    2.        That the notice of public hearing an the foregoing Rules and Regulations of the Department of Parks and Recreation, which notice included the substance of such Rules and Regulations, was published in the Honolulu Advertiser and the Honolulu Star Bulletin on June 1, 1976.

                                                                               /s/ Young Suk Ko
                                                                              YOUNG SUK KO
                                                                               Director of Parks and Recreation
                                                                               City and County of Honolulu

EXHIBIT "A"  (updated May 14, 1999)

JEREMY HARRIS, MAYOR                                WILLIAM D. BALFOUR, JR., DIRECTOR
CITY AND COUNTY OF HONOLULU              DEPARTMENT OF PARKS AND RECREATION

2.        Players must wait their turn in person. Lone players may not use the court while others are waiting.

3.        Players may not play two (2) consecutive time periods if waiting players wish to use the court.

4.        The limit of play is 45 minutes from the time of possession for singles and doubles, including warm-up, and excluding time lost due to wet courts.

5.        Court rules apply to all tennis players regardless of age or playing ability. Courts may be reserved only by written permit issued by the Department of Parks and Recreation. Signed permit must be displayed.