Revised Ordinances of Honolulu
(Link to original Word Processing Version)
Chapter 10
RULES, REGULATIONS, CHARGES AND FEES
FOR PUBLIC PARKS AND RECREATION FACILITIES
Articles:
1. Use of Public Parks, Playgrounds, Beaches and Other Public Areas
2. Fees and Charges for Use of Parks and Recreational Facilities
3. Fees for Use of Parks and Recreational Facilities for Commercial Activities
4. Fees for Use of Municipal Golf Courses
5. Commercial Windsurfing
(6. Beach and Inland Camping Facilities. Repealed by Ord. 96-49)
6. Reserved
7. Policy on Fees for Organized Recreational Programs
8. Summer Fun Activities
9. Professional Sports Activity at Hans L'Orange Baseball Facility
10. Rental of Surfboard Lockers on Kuhio Beach
__. Abandoned Property
Article 1. Use of Public Parks,
Playgrounds, Beaches and Other Public Areas
Sections:
10-1.1 Definitions.
10-1.2 Park rules and regulations.
10-1.3 Permits.
10-1.4 Rules and regulations pertaining to street trees, hedges and shrubs.
10-1.5 Public beaches.
10-1.6 Violation--Penalty.
10-1.7 Animals in public parks.
Sec. 10-1.1 Public park defined.
“Camp” or “camping” means the use and occupation of a public park as
a temporary or permanent dwelling place or sleeping place between the hours of
10:00 p.m. and 5:00 a.m.
“Dwelling place” means a place used for human habitation as an overnight accommodation,
lodging, or shelter on either a temporary or permanent basis.
“Human habitation” means the act of utilizing, occupying, or inhabiting a place of
lodging or shelter on a permanent or temporary basis as a place of
residence or sojourn.
"Off-leash park" means a public park designated by the director of parks and
recreation where dogs, and no other animal, shall be allowed to be off-leash.
"Public park" means any park, park roadway, playground, athletic field, beach, beach right-of-way,
tennis court, golf course, swimming pool, or other recreation area or facility under
the control, maintenance and management of the department of parks and recreation. “Public
park” does not include a public thoroughfare defined as a “mall” under Section
29-1.1 unless the public thoroughfare has been (1) accepted, dedicated, or named by
the council expressly as a “public park” or “park”; (2) placed under the
control, maintenance, and management of and classified expressly as a “public park” or
“park” by the department of parks and recreation; or (3) constructed or situated
within a larger specific recreation area or facility listed in the preceding sentence.
“Sleeping place” means a place used by a person for the purpose of
sleeping, where the person is asleep inside a tent, sleeping bag, or some
form of temporary shelter or is asleep atop of or covered by materials
such as a cot, mat, bedroll, bedding, sheet, blanket, pillow, bag, cardboard, or
newspapers.
(Sec. 13-14.1, R.O. 1978 (1983 Ed.); Am. Ord. 01-43, 02-51, 08-22)
Sec. 10-1.2 Park rules and regulations.
(a) Within the limits of any public park, it is unlawful for any person
to:
(1) Willfully or intentionally destroy, damage or injure any property;
(2) Climb onto any tree, except those designated for climbing, or to climb onto
any wall, fence, shelter, building, statue, monument or other structure, excluding play apparatus;
(3) Swim, bathe, wade in or pollute the water of any ornamental pool or
fountain;
(4) Kindle, build, maintain or use any fire, other than in a grill or
brazier;
(5) Annoy, molest, kill, wound, chase, shoot or throw missiles at any animal or
bird;
(6) Distribute, post or place any commercial handbill or circular, notice or other advertising
device or matter, except as permitted by the terms of any agreement relating
to the use of park property;
(7) Use any surfboard or devices or materials with jagged or rough ends and
edges, which are dangerous to surfers, swimmers or bathers;
(8) Construct or fabricate surfboards;
(9) Permit any animal to enter and remain within the confines of any public
park area except as otherwise provided in this article;
(10) Feed any animal or bird when signs are posted prohibiting such feeding;
(11) Wash, polish or repair cars or other vehicles;
(12) Enter or remain in any public park during the night hours that the
park is closed, provided that signs are posted indicating the hours that the
park is closed;
(13) Camp at any park not designated as a campground;
(14) Fail to comply with any sign or notice posted by the City and
County of Honolulu.
(b) Except as authorized by permits, and subject to the terms and conditions imposed
by the department of parks and recreation, it is unlawful for any person,
within the limits of any public park, to:
(1) Cut or remove any wood, plant, grass, soil, rock, sand or gravel;
(2) Sell or offer for sale any services, merchandise, article or thing, whatsoever;
(3) Moor, tie up, store, repair or condition any boat, canoe, raft or other
vessel;
(4) Repair or condition any surfboard;
(5) Park any vehicle except bicycles on grassed areas;
(6) Amplify music or use battery operated loudspeakers (bull horns);
(7) Ride or drive any horse or any other animal;
(8) Engage in or conduct any activity which creates any sound, noise or music
exceeding 80 dBA sound pressure level taken at a point 10 feet in
front of the source for a cumulative time period of at least five
minutes when measured with a calibrated American National Standard Institute (ANSI) Type I
or Type II sound level meter with weighting set at "A" and response
set at "slow" except any activity which is sponsored by the city or
the department of parks and recreation or authorized by permit issued by the
city.
(c) Within the limits of any public park, it is unlawful for any person,
wherever signs are posted prohibiting such activities, to:
(1) Throw, cast, catch, kick or strike any baseball, tennis ball, football, basketball, croquet
ball or other object;
(2) Ride upon roller skates, skateboards or bicycles;
(3) Engage in kite flying.
(d) Except in park areas specifically designated for such purposes, it is unlawful for
any person to:
(1) Throw, cast, roll or strike any bowling ball or golf ball;
(2) Engage in model airplane flying;
(3) Engage in model boat sailing;
(4) Kindle, build or maintain any campfire;
(5) Discharge firearms for target practice only;
(6) Engage in archery for target practice and tournament only;
(7) Launch model rockets.
(e) In addition to the requirements of subsection (b) of this section, the repair
or conditioning of any surfboard shall be performed only by a concessionaire of
the department of parks and recreation who has a surfboard concession. Such repair
work shall be conducted only in an enclosed building or structure, approved by
the department of parks and recreation, building department, and the state department of
health. The terms and conditions to be imposed by the department of parks
and recreation shall include, together with the requirements necessary to safeguard the health
and safety of the public, the securing of adequate insurance to protect the
city from any liability resulting from such repair work.
(f) It is unlawful for any person, other than authorized personnel of the department
of parks and recreation, or a person then golfing on the course, or
such person's caddy, to gather or pick up golf balls within the boundaries
of a public golf course.
(g) (1) Within the limits of any public park, it is unlawful for any person,
where signs are posted prohibiting or restricting such activities, to operate, park or
stand a motor vehicle in violation of such prohibitions or restrictions. Such signs
may impose any prohibition or restriction upon the operation, parking or standing of
motor vehicles which the director of parks and recreation shall determine will maximize
the enjoyment and use of any park by park users. Such restrictions may
include the installation of parking meters in parks.
(2) Parking Meter Charges and Time Limits.
(A) Meters at the Honolulu Zoo parking lot shall have a four-hour time limit
at the rate of 25 cents per hour.
(B) Meters on the mauka side of Kalakaua Avenue between Monsarrat Avenue and the
Paki Avenue-Poni Moi Road-Diamond Head Road intersection shall have a four-hour time limit
at the rate of 25 cents per hour and shall be in effect
between the hours of 10 a.m. and 6 p.m., seven days a week.
(3) Parking Meter Violations.
(A) No person shall violate any provision of Section 15-22.11.
(B) Every hour a vehicle remains parked, stopped, or standing in violation of any
provision of Section 15-22.11 shall constitute a separate violation.
(Sec. 13-14.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 90-6, 94-05,
94-24, 97-26, 01-43, 06-20, 07-17)
Sec. 10-1.3 Permits.
(a) Required. Any person using the recreational and other areas and facilities under the
control, maintenance, management and operation of the department of parks and recreation shall
first obtain a permit from the department for the following uses:
(1) Picnic groups, consisting of 50 or more persons;
(2) Camping;
(3) Sports activities conducted by either a league, organization, association, group or individual;
(4) Recreational activities, including nonprofit fundraising activities, sponsored by community organizations, associations, groups or
individuals;
(5) Meetings or gatherings or other similar activity held by organizations, associations or groups;
(6) Nonrecreational, public service activities, meetings and gatherings held by organizations, communities or groups;
(7) Right of entry into parks for installation of utilities or construction work;
(8) The playing of musical instruments as solo or two or more instruments which
fall within the standards described in paragraphs (A), (B) and (C) of this
subdivision:
(A) Musical instruments which are limited to two octaves or less, including but not
limited to the following musical instruments: (i) tuba, (ii) tympani, (iii) maracas, (iv)
uliuli, (v) castanets, (vi) tambourine or (vii) percussion instruments in which a human
hand or drumsticks are used to create sounds therefrom;
(B) Musical instruments which when played do not exceed the sound pressure level established
in Section 10-1.2(b)(8); and
(C) Musical instruments which are used or played continuously without a regular hourly break
of 30 minutes, or for more than six hours within a day.
The use or the playing of a musical instrument which requires a permit
as provided hereunder shall be subject to the following restrictions, in addition to
any other conditions imposed by the rules and regulations promulgated by the director:
(A) Issuance Standards for Permits. The department of parks and recreation shall uniformly treat
each application, based upon the facts presented, free from improper or inappropriate considerations
and from unfair discrimination and shall exercise no other discretion over the issuance
of a permit under this section, except as provided in this section and
in the departmental rules.
(B) Judicial Review. Upon the department's refusal to issue a permit, the applicant for
such permit shall be entitled to a review by the circuit court within
30 days after the date of such refusal. In such review, the department's
decision shall be upheld in the absence of a judicial finding of abuse
of discretion.
(C) Restrictions. The use or the playing of a musical instrument which requires a
permit as provided hereunder shall be subject to the following restrictions, in addition
to any other conditions imposed by the rules adopted by the director:
(i) Time: Only between the hours of nine a.m. and six p.m. daily, and
(ii) Place: The playing of such instruments shall be restricted to the facility especially
constructed for such purpose, such as the bandstand at Kapiolani Park or other
areas within the park that shall be clearly designated in the permit, and
(iii) Manner: During the hours mentioned in subparagraph (i) of this paragraph, every half-hour
of playing period shall immediately be followed by a 15-minute break or every
one hour of playing period shall immediately be followed by a half-hour break;
provided, that at no time shall there be any continuous playing exceeding an
hour.
(D) Duration of Permit. The duration of a permit issued pursuant to subdivision (8)
shall not exceed one month;
(9) Hang gliding;
(10) Commercial activities designed for profit, which include but are not limited to the
exchange or buying and selling of commodities, or the providing of services relating
to or connected with trade, traffic or commerce in general. For purposes of
this subdivision, the use of land for utilities shall not be considered a
commercial activity. The proposed commercial activities under the permit shall be consistent with
the use of the park under consideration, subject to reasonable limitations on the
size of the groups, and the time and area within which the event
is permitted.
(b) Director to Promulgate Rules and Regulations. The director shall promulgate rules and regulations
pursuant to HRS Chapter 91, to govern the use of said areas and
facilities which will:
(1) Ensure maximum permissible use of said areas and facilities by appropriate distribution of
users;
(2) Ensure proper, orderly and equitable use of areas and facilities through scheduling and
user controls;
(3) Ensure protection and preservation of areas and facilities by not overtaxing facilities;
(4) Promote the health, safety and welfare of the users of said areas and
facilities;
(5) Establish procedures for obtaining permits and revocation therefor; or
(6) Recommend to council fee schedules, based upon the cost of administration for each
activity authorized under paragraph (10) of this subsection.
(c) Conditions of Permit. Permits shall be issued pursuant to the provisions contained in
this article and to the rules and regulations promulgated by the director, and
they shall be subject to the conditions in this article and to any
rules and regulations promulgated by the director. Any violation of the provisions contained
in this article, or of any rules and regulations promulgated by the director
which implement said provisions, or of any conditions contained in this article, or
of any rules and regulations promulgated by the director which implement said conditions,
or of the terms or conditions contained in the permit which violation is
caused by the permittee, members of the permittee's group, officers, employees or the
permittee's agents shall constitute ground for revocation of the permit by the director
of parks and recreation. Any permittee whose permit has been revoked by the
director may appeal to the city council pursuant to the rules and regulations
authorized, and said appeal must be filed by the permittee within 30 days
of the mailing of a notice of said revocation to the last known
address of the permittee.
(Sec. 13-14.3, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Sec. 10-1.4 Rules and regulations pertaining to street trees, hedges and shrubs.
The director shall promulgate rules and regulations pursuant to HRS Chapter 91, relative
to the planting, trimming and maintenance of all shade trees, hedges and shrubs
within the public right-of-way on public streets of the city, and relative to
the issuance of permits for the replacement, removal, planting, spraying, trimming or pruning
of street trees by private citizens. (Sec. 13-14.4, R.O. 1978 (1983 Ed.))
Sec. 10-1.5 Public beaches.
(a) No person shall operate, park, or store or otherwise exert control over any
unauthorized motor vehicle on any public beach with the exception of areas specifically
designed to accommodate motor vehicles such as paved roads for boat launchings.
(b) For purposes of this section, the following definitions shall apply:
"Motor vehicle" means and includes automobiles, trucks, dune buggies, motorcycles, mopeds, motor scooters
or any other vehicles which are mechanically propelled.
"Public beach" means and includes all beach areas owned or controlled by city,
State of Hawaii or United States of America seaward of the highest wash
of the waves as evidenced by the line of vegetation.
"Unauthorized motor vehicle" means and includes all motor vehicles except vehicles of the
United States Government, the State of Hawaii, the City and County of Honolulu,
or contractors thereof, engaged in the care or maintenance of the beach area;
any vehicles operated by water safety officers and other emergency and law enforcement
vehicles, while carrying out their duties; and any vehicle with a valid permit
issued by the department of parks and recreation for the purposes specified upon
said permit.
(Sec. 13-14.5, R.O. 1978 (1983 Ed.))
Sec. 10-1.6 Violation--Penalty.
(a) Powers of Arrest or Citation. Police officers and any other officer so authorized
shall issue a citation for any violation of the provisions of this article
or of any rule adopted by the director to administer, implement or enforce
the provisions of this article, except they may arrest for instances when:
(1) The alleged violator refuses to provide the officer with such 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 such person's illegal activity after being
issued a citation.
(3) The alleged violator has previously been issued a citation for the same offense
within a one-year period.
(b) Citation.
(1) There shall be provided for use by authorized police officers, a form of
citation for use in citing violators of this article for instances which do
not mandate the physical arrest of such violators. The form and content of
such citation shall be as 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
said vehicle; as provided in paragraph (5) of this subsection.
(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 article, 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 or vehicle identification number
of the motor vehicle involved, and shall issue to such alleged violator in
writing a citation, notifying the alleged violator to answer to the complaint to
be entered against such person at a place and at a time provided
in said citation.
(5) Whenever any motor vehicle is parked, standing or stopped in violation of this
article, the police officer and any other officer so authorized finding such vehicle
shall conspicuously affix to such vehicle a citation. The citation shall be addressed
to the registered owner of the vehicle, but need not identify the registered
owner by name. The registered owner may be unnamed, so long as the
citation identifies the vehicle by its license plate number or vehicle identification number.
The citation shall instruct the registered owner to answer to the charge against
such 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 article, 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.
(6) If a person cited for violating any provision under this article does not
appear in response to a citation, a penal summons shall be issued ordering
such person's appearance in court.
(c) Severability. If any section, subsection, sentence, clause, phrase or portion of this article
is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
(d) Penalty.
(1) Except as otherwise provided in paragraph (2), any person convicted of a violation
of any section or provision of this article shall be punished by a
fine of not more than $500.00 or by imprisonment for not more than
30 days, or by both such fine and imprisonment.
(2) Any person who violates or causes a vehicle to violate the provisions of
the following sections shall be fined not less than $25.00, but not more
than $500.00:
(A) Section 10-1.2 (a)(11);
(B) Section 10-1.2 (b)(5);
(C) Section 10-1.2 (g); or
(D) Section 10-1.5.
(Sec. 13-14.6, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 90-77, 01-43)
Sec. 10-1.7 Animals in public parks.
(a) Persons may bring animals into public parks as provided in this section in
accordance with rules adopted by the director pursuant to HRS Chapter 91. Such
rules may provide for the following:
(1) Pony rides may be allowed by permit in conjunction with a carnival or
fair.
(2) Shows, classes and other events for cats, dogs, and other common domestic household
pets may be allowed by permit.
(3) Persons having custody and control of dogs on a leash may use public
parks or areas therein designated for dogs on a leash by the director
in accordance with subsection (b).
(4) Persons having custody and control of unleashed dogs may use an off-leash park
designated by the director in accordance with subsection (b).
For purposes of this subsection, "common domestic household pets" includes animals such as
domesticated mice, rats, rabbits, guinea pigs, fish and birds, but excludes animals which
are considered "livestock" as that term is defined in Section 21-10.1.
(b) The director is authorized to designate areas in public parks for use by
persons having custody and control of dogs on a leash and to designate
public parks for use as off-leash parks for dogs. In designating parks as
off-leash parks and in designating parks or areas therein for leashed dogs, the
director shall consider the park's size, location, and frequency of use by members
of the public, as well as the primary actual or designed use of
each park or area included in the designation. The director shall post signs
that notify the public of such designation that describe or map the park
or park areas so designated. Signs for areas for leashed and off-leash dogs
shall further display the applicable requirements in subsection (c). Parks for off-leash dogs
shall be appropriately fenced to contain the dogs.
(c) The director shall adopt rules pursuant to HRS Chapter 91 to hold persons
bringing permitted animals into public parks responsible for the sanitary use of the
park, the protection of shrubbery, trees, turf and other property, and the safety,
health and welfare of all park users. The rules shall address the specific
responsibilities associated with bringing a type of animal into a public park.
(1) Rules for persons bringing leashed dogs into designated parks or park areas shall
include:
(A) Requiring the person having custody and control of the dog to restrain the
dog at all times on a leash, cord, chain or other similar means
of physical restraint of not more than eight feet in length;
(B) Requiring all dogs in the park or park areas designated for leashed dogs
to display a valid license tag attached to the dog's collar;
(C) Requiring the person having custody and control of the dog to be eighteen
years of age or older; and
(D) Requiring the person having custody and control of the dog to carry equipment
for the removal and disposal of dog feces and to clean up and
dispose of feces left by the dog.
(2) Rules for persons bringing dogs off-leash into designated off-leash parks shall include:
(A) Requiring the person having custody and control of the dog to maintain voice
control over the dog at all times;
(B) Prohibiting female dogs in estrus from entering the off-leash park;
(C) Requiring all dogs to display a valid license tag attached to the dog's
collar;
(D) Notifying any person entering an off-leash park that the person enters and remains
in the park at his or her own risk and the city is
not liable for any injury or harm to any person or dog incurred
or caused by any other person or dog entering or remaining in the
off-leash park;
(E) Requiring the person having custody and control of the dog to be eighteen
years of age or older; and
(F) Requiring the person having custody and control of the dog to carry equipment
for the removal and disposal of dog feces and to clean up and
dispose of feces left by the dog.
(Added by Ord. 01-43; Am. Ord. 03-29)
Article 2. Fees and Charges for Use of Parks and Recreational Facilities
Sections:
10-2.1 Admission fees for the Honolulu Zoo .
( 10-2.2 Students--School staff--Chaperones. Repealed by Ord. 05-022.)
10-2.2 Reserved.
( 10-2.3 Community service groups. Repealed by Ord. 05-022.)
10-2.3 Reserved.
(10-2.4 Other free admission schedules. Repealed by Ord. 95-35.)
10-2.4 Reserved.
10-2.5 Canoe storage facilities--Policy and special conditions.
10-2.6 Outrigger canoes--Fees and charges for storage.
10-2.7 Fees for attendant/custodian services.
10-2.8 Fees for kitchen usage.
10-2.9 Fees for processing, rental and attendant/custodian services.
10-2.10 Fees for community garden.
(10-2.11 Fees and charges for Hanauma Bay Nature Park. Repealed by Ord. 96-01.)
10-2.11 Fees for Hanauma Bay Nature Preserve.
10-2.12 Fees for use of facilities at Waipio Peninsula Soccer Park, Central Oahu Regional
Park facilities, Hans L’Orange baseball facility, and other facilities for special events.
Sec. 10-2.1 Admission fees for the Honolulu Zoo.
(a) The following daily admission fees shall be assessed for the Honolulu Zoo:
(1) Child five years of age and under: free. Child must be accompanied by
a person 18 years old or older.
(2) Annual family pass holder as specified in subsection (b): free.
(3) Child six to 12 years of age: one dollar per person.
(4) Resident of Hawaii, 13 years of age and older: four dollars per person.
(5) Nonresident of Hawaii, 13 years of age and older: eight dollars per person.
(6) Member of the Honolulu Zoological Society: free.
(7) The director of enterprise services is authorized to set reduced rates for persons
participating in structured educational tours, group purchases, and promotional packages and persons with
promotional coupons. The director is also authorized to allow entry of any person
into the Honolulu Zoo as part of a promotional offer or package made
available by the city.
(b) An annual family pass may be purchased for twenty-five dollars each. An annual
family pass holder is the person or persons named on the pass who
is or are entitled to free unlimited admission, during operating hours, to the
Honolulu Zoo for the period specified in the pass.
(Sec. 27-3.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-82, 90-33,
95-35, 05-022, 06-36)
( Sec. 10-2.2 Students--School staff — Chaperones . Repealed by Ord. 05-022)
Sec. 10-2.2 Reserved.
( Sec. 10-2.3 Community service groups . Repealed by Ord. 05-022)
Sec. 10-2.3 Reserved.
(Sec. 10-2.4 Other free admission schedules. Repealed by Ord. 95-35.)
Sec. 10-2.4 Reserved.
Sec. 10-2.5 Canoe storage facilities--Policy and special conditions.
(a) Policy. The council finds that Hawaiian outrigger canoe paddling is the official state
team sport and, as such, the city recognizes, supports and encourages the sport
by permitting the storage of outrigger canoes at city parks. The council further
finds that Olympic canoe and kayak paddling are Olympic sports and, as such,
the city recognizes, supports and encourages those sports by permitting the storage of
Olympic canoes and kayaks at city parks.
(b) Special Conditions to Be Met When Providing Canoe Storage Facilities (Halaus) at City
Parks. The following special conditions shall apply to establishment of halaus at city
parks:
(1) Halaus may be constructed only at park locations designated by the department of
parks and recreation;
(2) If not constructed by the department of parks and recreation, the design of
halaus shall be approved by the department;
(3) No more than 20,000 square feet or 10 percent, whichever is less, of
any park shall be utilized for halaus unless approved by the city council,
and halaus shall be situated so as not to impede public access and
use of the park property;
(4) The department of parks and recreation shall establish policies to ensure that halaus
shall be operated to provide equal opportunity for use by all canoe organizations
wishing to store their canoes and kayaks; and
(5) The use of halaus shall be controlled and monitored by the department of
parks and recreation.
(Sec. 27-4.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-121)
Sec. 10-2.6 Outrigger canoes--Fees and charges for storage.
(a) The department of parks and recreation is authorized to issue permits and set
fees and charges for the use of the halaus, including the setting of
nominal fees to cover operating expenses.
(b) The director of parks and recreation shall adopt rules and regulations pursuant to
HRS Chapter 91, for the implementation, administration and enforcement of this article.
(Sec. 27-4.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 10-2.7 Fees for attendant/custodian services.
Organizations whose use of city recreational facilities requires an attendant or custodian, shall
pay attendant/custodian service fees to the city of $10.00 per hour for a
custodian or an attendant. (Added by Ord. 95-38)
Sec. 10-2.8 Fees for kitchen usage.
Organizations using kitchen facilities at city recreational facilities for their exclusive use or
for fund-raising purposes shall be assessed a fee of $25.00 per day or
fraction thereof to cover the utility and usage costs.
For the purposes of this section, a "day" means any 24-hour period of
time that a recreational facility is open for use by an organization. (Added
by Ord. 95-38)
Sec. 10-2.9 Fees for processing, rental and attendant/custodian services.
(a) Community and nonprofit organizations whose use of city recreational facilities requires an attendant
or custodian, and who use such facilities for a fund-raising activity, either alone
or as part of a recreational or cultural event, shall be assessed fees
according to the number of people projected to attend the activity, as follows:
Number of Persons
|
Permit
Processing
Fee
|
Rental
|
Attendant/
Custodian Fee
|
|
Fewer than 300
|
$15
|
$25
|
$10 per hour for custodian or attendant
|
|
300 through 500
|
$15
|
$50
|
$10 per hour for custodian or attendant
|
|
More than 500
|
$15
|
$100
|
$10 per hour for custodian
or attendant
|
(b) Organizations referred to in subsection (a) who use kitchen facilities in city recreational
facilities shall also be charged the fee provided in Section 10-2.8. Organizations who
are assessed an attendant or custodian fee under subsection (a) shall not also
be assessed a fee under Section 10-2.7.
(c) For the purposes of this section, "fund-raising activity" shall not include an activity
where incidental services are provided by organizations to their members for a nominal
fee, such as the serving of refreshments, where the fee is charged to
recoup the cost of providing the refreshments or other incidental services.
(Added by Ord. 95-38)
Sec. 10-2.10 Fees for community garden.
Individuals using plots at the city's community garden sites shall be assessed a
nonrefundable fee of 10 cents per square foot per plot per year. (Added
by Ord. 95-35; Am. Ord. 96-41)
(Sec. 10-2.11 Fees and charges for Hanauma Bay Nature Park. Repealed by Ord. 96-01.)
Sec. 10-2.11 Fees for Hanauma Bay Nature Preserve.
(a) The following fees shall be assessed for entrance to the Hanauma Bay Nature
Preserve:
(1) For nonresidents of Hawaii, 13 years of age and older, to enter the
lower preserve (beyond the scenic lookout): $5.00 per person.
(2) For vehicles entering the preserve, a $1.00 parking fee shall be assessed; provided
that this parking fee shall be refunded for all vehicles departing from the
preserve within 15 minutes of their entry.
(b) The director of parks and recreation is authorized to waive the fees provided
by this section and to allow entry of any person to the Hanauma
Bay Nature Preserve as part of an educational or promotional program or package
made available or authorized by the city.
(c) Customers of a commercial scuba diving and snorkeling permittee and the permittee shall
pay the applicable fees established in subdivisions (a)(1) and (a)(2).
(d) Hawaiians entering the Hanauma Bay Nature Preserve to exercise their traditional and customary
rights for subsistence, cultural and religious purposes shall be exempt from paying the
fees established in subdivisions (a)(1) and/or (a)(2) as the case may be; provided
that nothing in this subsection shall be construed as allowing activities which may
be otherwise prohibited by the Hawaii Revised Statutes or administrative rules of the
department of land and natural resources. For purposes of this section, "Hawaiian" means
the same as defined in HRS Section 11-1.
(Added by Ord. 96-19; Am. Ord. 03-10)
Sec. 10-2.12 Fees for use of facilities at Waipio Peninsula Soccer Park, Central Oahu
Regional Park
facilities, Hans L’Orange baseball facility, and other facilities for special events.
(a) The director of parks and recreation is authorized to issue a permit and
charge a fee for the use of the
facilities at Waipio Peninsula Soccer Park, Central Oahu Regional Park, Hans L’Orange baseball
facility, and other recreational facilities to help cover operating and maintenance expenses when
the facilities are used for special events. Prior to establishing the fees, the
director shall notify all duly constituted park advisory organizations concerning the proposed fees.
For purposes of this section, “special events” mean:
(1) Athletic practices and events involving:
(A) Professional teams;
(B) Collegiate teams;
(C) National amateur teams;
(D) For-profit organizations; and
(E) Teams and organizations utilizing the facilities for tournament play;
(2) International, national or regional events; and
(3) Entertainment events.
(b) Permittees may charge a reasonable admission fee to any person desiring to attend
the special event at Waipio Peninsula Soccer Park, Central Oahu Regional Park, Hans
L’Orange baseball facility, or other recreational facility; provided however, that the permittee may
not exclude members of the public from entering or remaining on portions of
the park or facility that are not subject to the permit.
A “permittee” means the promoter, sponsor, exhibitor, league, or other person who obtains
a permit for the purpose of conducting a special event at Waipio Peninsula
Soccer Park, Central Oahu Regional Park, Hans L’Orange baseball facility, or other recreational
facility.
(c) The director shall establish procedures and criteria for the waiver of permit fees
by rule adopted pursuant to HRS Chapter 91.
(d) The director shall provide the council with a semiannual report setting forth the
permit fees established for special events at Waipio Peninsula Soccer Park, Central Oahu
Regional Park, and Hans L’Orange baseball facility, or other recreational facility and the
amount of fees collected for each facility. The report shall be submitted no
later than 30 days following the end of the January 1 – June 30
and July 1 – December 31 reporting periods.
(e) The director of parks and recreation shall adopt rules pursuant to HRS Chapter
91, having the force and effect of law, for the implementation, administration, and
enforcement of this section.
(Added by Ord. 03-07)
Article 3. Fees for Use of Parks and Recreational Facilities
for Commercial Activities
Sections:
10-3.1 Commercial scuba diving and snorkeling.
10-3.2 Commercial filming activities.
Sec. 10-3.1 Commercial scuba diving and snorkeling.
Scuba diving and snorkeling activity:
(a) Annual permit: $900.00;
(b) Monthly permit: $75.00;
(c) Daily permit: $10.00.
(Sec. 27-2.1, R.O. 1978 (1983 Ed.))
Sec. 10-3.2 Commercial filming activities.
(a) The fee charged for a commercial filming activity permit shall be as follows:
Activity
|
Daily Permit
|
Monthly Permit
|
Annual Permit
|
(1) (1) Movie or television for (i) nonlocal network
and cable
television and/or major motion picture studios or (ii)
national advertising
|
$300.00
|
No Monthly Permit
|
No Annual Permit
|
(2) Movie or television for (i) nonprofit organizations
as
defined in ROH Section 29-1.1, (ii) local television and
local advertising, (iii) public service, educational or school
productions, or (iv) other movie and television productions
not described in subdivision (1)
|
$20.00
|
No Monthly Permit
|
No Annual Permit
|
|
(3) Still photos/Special event videography
|
$20.00
|
$100.00
|
$1,000.00
|
Provided that the mayor or a city officer or employee designated by the
mayor may reduce any daily permit fee if deemed necessary by the mayor
or designee to assist the proposed filming activity and it is deemed by
the mayor or designee that such activity will feature or promote the State
of Hawaii, island of Oahu, and/or City and County of Honolulu. Such promotions
may be through the production directly or via indirect promotions related to the
production.
“Special event videography” means the production of motion pictures or videos for private
noncommercial use, including motion pictures or videos of weddings, graduations or similar events
to be used as family mementos.
(b) The mayor or a city officer or employee designated by the mayor shall
determine which fee applies to a
particular commercial filming activity permit.
(Sec. 27-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 05-021, 05-039)
Article 4. Fees for Use of Municipal Golf Courses
Sections:
10-4.1 Definitions.
10-4.2 Green fees.
10-4.3 Golf cart rental.
10-4.4 Locker rental.
10-4.5 Rental Golf set (clubs and bag).
10-4.6 Junior golf tournament fees.
10-4.7 Golf tournament fees Collection.
(10-4.8 Automated golf tee time reservation system. Repealed by Ord. 99-62.)
10-4.8 Reserved.
10-4.9 Golf identification card.
10-4.10 Surcharge for use of qualifying documents.
10-4.11 Penalty for misuse of golf identification card or qualifying documents.
Sec. 10-4.1 Definitions.
As used in this article, unless the context otherwise requires:
"City" means the City and County of Honolulu.
"Junior" means any person 17 years of age or under and attending a
recognized educational institution.
"Person totally disabled" means any person as defined in and certified according to
HRS Section 235-1.
"Qualifying documents" means documents as defined in rules adopted by the department of
enterprise services governing golf course fees.
"Senior" means any person 65 years of age or older.
"Twilight hours" means the hours after three p.m. until sunset or darker during
the months October through April, and the hours after four p.m. until sunset
or darker during the months May through September. (Sec. 27-1.1, R.O. 1978 (1983
Ed.); Am. Ord. 92-76, 93-60, 96-58, 99-62)
Sec. 10-4.2 Green fees.
(a) The following green fees shall be assessed per round of golf for use
of the 18-hole golf course facilities operated by the city:
|
|
Person
w/Golf
Identif.
Card
|
Senior or
Person
Totally
Disabled
w/Golf
Identif.
Card
|
Junior w/Golf
Identif.
Card
|
Person w/o
Golf
Identif.
Card
|
|
|
18-hole round
|
|
|
|
|
|
|
Weekend or holiday
|
$16.00
|
$16.00
|
$ 9.00
|
$42.00
|
|
|
Weekday
|
12.00
|
7.00
|
7.00
|
42.00
|
|
|
Monthly rate (week-
days only)
|
None
|
32.001
|
12.001
|
None
|
|
|
Twilight or 9-hole
round
|
|
|
|
|
|
|
Weekend or holiday
|
8.00
|
8.00
|
4.50
|
21.00
|
|
|
Weekday
|
6.00
|
3.50
|
3.50
|
21.00
|
(b) The following green fees shall be assessed per round of golf for use
of the nine-hole golf course facility operated by the city, namely the Kahuku
golf course:
|
|
Person
w/Golf
Identif.
Card
|
Senior or
Person Totally
Disabled
w/Golf
Identif.
Card
|
Junior
w/Golf
Identif.
Card
|
Person w/o
Golf
Identif.
Card
|
|
|
18-hole round
|
|
|
|
|
|
|
Weekend or holiday
|
$10.00
|
$ 8.00
|
$ 5.00
|
$20.00
|
|
|
Weekday
|
8.00
|
4.00
|
4.00
|
20.00
|
|
|
Monthly rate
(weekdays only)
|
None
|
32.001
|
12.001
|
None
|
|
|
Twilight or 9-hole round
|
|
|
|
|
|
|
Weekend or holiday
|
5.00
|
4.00
|
2.50
|
10.00
|
|
|
Weekday
|
4.00
|
2.00
|
2.00
|
10.00
|
____________________
1 Ten-round limit per person per month; may not be used for tournament
play.
(Sec. 27-1.2, R.O. 1978 (1983 Ed.); Am. Ord. 89-81, 92-76, 93-60, 95-37, 99-62)
Sec. 10-4.3 Golf cart rental.
The following rates for the rental of golf carts shall be charged by
the department of enterprise services at city golf courses.
(a) Motorized Carts.
(1) Sixteen dollars for 18 holes;
(2) Eight dollars for nine holes.
(b) Hand Carts. Four dollars for nine or 18 holes.
(Sec. 27-1.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-122, 89-81,
93-60, 95-37, 99-62)
Sec. 10-4.4 Locker rental.
The fee for the rental of a locker at the municipal golf courses
shall be seven dollars per month. (Sec. 27-1.4, R.O. 1978 (1987 Supp. to
1983 Ed.); Am. Ord. 89-81, 99-62)
Sec. 10-4.5 Rental Golf set (clubs and bag).
The fee for the rental of a golf set (clubs and bag) at
the Kahuku golf course shall be $12.00 per set for nine or 18
holes. (Sec. 27-1.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 95-37,
99-62)
Sec. 10-4.6 Junior golf tour nament fees.
Notwithstanding the green fees established for the foregoing courses, fees for golf tournaments
conducted on any of the foregoing golf courses sponsored by a bona fide
junior golf association shall be three dollars per round for junior golfers 17
years old and younger. (Added by Ord. 93-60; Am. Ord. 99-62)
Sec. 10-4.7 Golf tournament fees Collection.
(a) Regular tournaments - Seven dollars per golfer.
(b) Tournaments with a shotgun start - Twelve dollars per golfer.
(c) The fee shall be collected at least two weeks before the scheduled date
and shall be nonrefundable should a cancellation occur due to fault of the
requesting agency. If a cancellation occurs due to inclement weather or actions on
the part of the city, the fee will be refunded in accordance with
current city procedures.
(d) Once the tournament fee has been collected, the number of golfers participating in
the tournament cannot be changed.
(Added by Ord. 93-60; Am. Ord. 99-62)
(Sec. 10-4.8 Automated golf tee time reservation system. Repealed by Ord. 99-62.)
Sec. 10-4.8 Reserved.
Sec. 10-4.9 Golf identification card.
(a) In order to qualify for the rates expressly provided in Section 10-4.2 for
persons with golf identification cards each person must present his or her golf
identification card at the time of payment of golf fees.
(b) Verification of Hawaii residency, age, and identity through provision of appropriate documents shall
be required in order for a person to qualify for a golf identification
card.
(c) A five-dollar fee shall be assessed for replacement of a golf identification card.
(Added by Ord. 99-62)
Sec. 10-4.10 Surcharge for use of qualifying documents.
Persons who present a qualifying document at the time of payment of golf
fees instead of a golf identification card shall be charged green fees applicable
to persons with golf identification cards in Section 10-4.2 plus a four-dollar surcharge.
(Added by Ord. 99-62)
Sec. 10-4.11 Penalty for misuse of golf identification card or qualifying documents.
A golf identification card or qualifying document shall, when used for purposes of
this article, only be used by the person to whom the card or
document was issued. Any person convicted of a violation of this section shall
be subject to a fine of $100.00 for the first offense and $200.00
for each subsequent offense occurring within 12 months of the first offense. (Added
by Ord. 99-62)
Article 5. Commercial Windsurfing
Sections:
10-5.1 Definitions.
10-5.2 Regulation of land-based commercial windsurfing activities.
10-5.3 Enforcement.
10-5.4 Fees for land-based commercial windsurfing activities.
Sec. 10-5.1 Definitions.
"Commercial windsurfing permittee" means those persons or business organizations who have a valid
permit from the department of parks and recreation to conduct land-based commercial windsurfing
activities at Kailua Beach park.
"Holidays" means the same as defined in HRS Section 8-1.
"Kailua Beach park" means the area that includes the parcels with the following
tax map key numbers: 4-3-09, 4-3-10 and 4-3-11, and which are owned or
controlled by the city department of parks and recreation.
"Land-based commercial windsurfing activities" means activities conducted in the course of a commercial
windsurfing business and includes setting up or breaking down windsurfing equipment, conducting simulated
windsurfing instruction and training on land, and storing or laying windsurfing equipment on
the ground. (Added by Ord. 89-69)
Sec. 10-5.2 Regulation of land-based commercial windsurfing activities.
The following conditions shall govern commercial windsurfing activities on the grounds of Kailua
Beach park:
(a) Commercial windsurfing permittees shall not conduct land-based commercial windsurfing activities in Kailua Beach
park on all holidays and during the hours from one p.m. on Saturdays
to sunrise on Mondays.
(b) Commercial windsurfing permittees shall be prohibited from conducting land-based commercial windsurfing activities within
Kailua Beach park except in the area within the park as shown in
Figure 10-5.1. The area is described as follows:
Starting from Point A which is the makai/Kaneohe corner of parcel 4-3-11-21, extending
approximately 100 feet in the Kailua direction along the chain link fence bordering
the makai boundary of said parcel to Point B, then from Point B
extending approximately 150 feet in the makai direction to Point C on Liliwai
Road, then extending approximately 125 feet in the Kaneohe direction along Liliwai Road
to Point D, then from Point D returning a distance of approximately 90
feet in the mauka direction to Point A.
The department of parks and recreation shall mark the boundaries of this area.
(Added by Ord. 89-69)
Sec. 10-5.3 Enforcement.
(a) Police officers shall issue a citation for any violation under this article, except
that they may arrest any person for a violation under this article when
any of the conditions specified in Section 10-1.6 (a) exist. When a citation
is issued, the citation shall be in the form and issued in the
manner specified in Section 10-1.6 (b).
(b) Any commercial windsurfing permittee cited for violating this article shall be fined $25.00
for the first offense, $50.00 for the second offense and $100.00 for the
third offense within one calendar year. In addition to the fine for the
third offense committed within a year, a commercial windsurfing permittee shall have the
permittee's permit revoked by the department of parks and recreation. Upon revocation of
the permit, such commercial windsurfing permittee shall not be eligible for another permit
until the expiration of one year from the date the permit was revoked.
(Added by Ord. 89-69)
Sec. 10-5.4 Fees for land-based commercial windsurfing activities.
(a) The following fees shall apply to windsurfing activity permits:
(1) Ten dollars for daily permits;
(2) Seventy-five dollars for monthly permits; and
(3) Nine hundred dollars for annual permits.
(b) The director of parks and recreation is authorized to adopt rules to allow
for the rebate of the unused portion of an annual permit fee, on
a pro rata basis, should a commercial windsurfing permittee voluntarily relinquish the permittee's
permit.
(Added by Ord. 89-69)
Article 6. Beach and Inland Camping Facilities (Repealed by
Ord. 96-49)
Article 6. Reserved
Article 7. Policy on Fees for Organized Recreational Programs
Sections:
10-7.1 Findings and policy.
10-7.2 Annual report to the council.
Sec. 10-7.1 Findings and policy.
(a) Findings. The council finds with respect to fees charged to participants in various
organized recreational programs sponsored by the department of parks and recreation that there
is a lack of strategic planning by the department which addresses program offerings
and fees systematically. To provide the optimum level of service to the public,
there is a need for the director to implement a systematic, comprehensive planning
approach to establishing fees for organized recreational programs.
(b) Policy. It is declared to be the policy of the city that the
director of parks and recreation, pursuant to the powers, duties and functions vested
by the charter, conduct an ongoing comprehensive strategic evaluation of the department's programs,
facilities and fees, which evaluation shall include, but not be limited to:
(1) Surveys of the public to determine specific recreational satisfaction levels, expectations and needs;
(2) Assessments of recreational programs offered by the private sector, the costs to participants
and availability of such programs throughout the city, and a comparative analysis with
city programs to align city program offerings in such a manner as to
avoid duplication of private sector programs and to respond to the demand for
city-organized recreational programs where private sector programs cannot meet service demands in particular
areas;
(3) Evaluation and monitoring of fee policies which correlate with rational recreational standards and
priorities; and
(4) Identifying and assessing cost-effective methods to maximize the efficiency of city-organized recreational program
promotional efforts.
(Added by Ord. 94-68)
Sec. 10-7.2 Annual report to the council.
The director of parks and recreation shall submit a report to the council
by December 31 of each year on the director's ongoing comprehensive strategic evaluation
of the department's programs, facilities and fees. (Added by Ord. 94-68)
Article 8. Summer Fun Activities
Sections:
10-8.1 Definitions.
10-8.2 Fees for participation in summer fun program.
10-8.3 Waiver.
10-8.4 Rules.
Sec. 10-8.1 Definitions.
As used in this article:
"Child" means any person between the ages of five and 15 years.
"Department" means the department of parks and recreation.
"Director" means the director of the department of parks and recreation.
"Enrichment program" means a program of courses and activities for children, other than
those of the summer fun program, offered by the department in the summer
months or when the public schools are not in session.
"Federal financial assistance program" means the federal food stamp program, the aid to
families with dependent children (AFDC) program or any federally-funded program to assist low-income
households or families as determined by the federal government.
"Summer fun program" means a program of recreational activities for children that include
arts and crafts, music and dance, excursions, games or other activities offered by
the department during the summer months or when the public schools are not
in session.
(Added by Ord. 95-44)
Sec. 10-8.2 Fees for participation in summer fun program.
The department shall charge a fee of $25.00 for each child who participates
in a summer fun program. The director may assess a fee, established by
rule, for a child who is registered as a participant in an enrichment
program but not in a summer fun program. (Added by Ord. 95-44)
Sec. 10-8.3 Waiver.
The director may, by rule adopted pursuant to Section 10-8.4, establish procedures and
criteria for the waiver of the fees provided in Section 10-8.2, upon proof
at the time of registration that the child to be participating in the
summer fun or enrichment program is from a low-income household or family. Until
the rules relating to waivers have been adopted, the director may waive the
fees upon proof at the time of a child's registration that the child
to be participating in the summer fun or enrichment program is from a
family or household receiving financial assistance under a federal financial assistance program as
verified by the parent or legal guardian of the child or by the
State department of human services. (Added by Ord. 95-44)
Sec. 10-8.4 Rules.
The director is authorized to adopt rules, pursuant to HRS Chapter 91, to
effectuate the purposes of this article. (Added by Ord. 95-44)
Article 9. Professional Sports Activity at Hans L'Orange Baseball Facility
Sections:
10-9.1 Definitions.
10-9.2 Regulation of professional sports activity at Hans L'Orange baseball facility.
10-9.3 Fee for professional sports activity at Hans L'Orange baseball facility.
10-9.4 Indemnification and hold harmless.
Sec. 10-9.1 Definitions.
As used in this article, unless the context otherwise requires:
"Admission fee" means a fee, charge, or assessment levied by the permittee for
the privilege of observing a professional sports activity from the bleachers or other
permanently constructed seating within Hans L'Orange baseball facility.
"Hans L'Orange baseball facility" means the playing field, bleachers, stands and other areas
of the facility enclosed by a fence.
"Permittee" means the promoter, sponsor, exhibitor, league or other person who obtains a
permit for the purposes of conducting a professional sports activity at Hans L'Orange
baseball facility for which admission fees are charged.
"Professional sports activity" means a game, event, exhibition, or activity of a recognized
sport, the participants in which receive compensation in return for their participation in
the sport.
(Added by Ord. 95-51)
Sec. 10-9.2 Regulation of professional sports activity at Hans L'Orange baseball facility.
The following conditions shall govern professional sports activities at the Hans L'Orange baseball
facility:
(a) Permittees may charge a reasonable admission fee to any person desiring to enter
Hans L'Orange baseball facility for the purpose of observing the professional sports activity
from the bleachers or other permanently constructed seating.
(b) Permits for professional sports activities at Hans L'Orange baseball facility shall have a
maximum duration of six hours.
(c) The department of parks and recreation may, for a period of one year
after the effective date of this ordinance, waive the permit fees established in
Section 10-9.3 to offset the actual fair market value of any permanently installed
improvements made to the facility by the permittee. Any improvements proposed to be
made by the permittee shall be approved by the department of parks and
recreation prior to construction or installation and shall be actually constructed or installed
and duly accepted by the city council in order for the waiver to
be applicable. The fair market value of any improvements made shall be determined
by the director of finance.
(d) The issuance of a permit to conduct professional sports activities at Hans L'Orange
baseball facility shall not include the right to engage in any other commercial
activity or concession in or on parks, facilities or other areas controlled by
the department of parks and recreation, except by lease, rental or concession as
provided for in Chapter 28.
(Added by Ord. 95-51)
Sec. 10-9.3 Fee for professional sports activity at Hans L'Orange baseball facility.
The fee for a permit to conduct professional sports activities at Hans L'Orange
baseball facility shall be:
Daily permit: $100.00.
(Added by Ord. 95-51)
Sec. 10-9.4 Indemnification and hold harmless.
The permittee shall hold the city harmless with respect to, and indemnify the
city against, all liability, loss, damage, cost and expense, including attorneys' fees, arising
out of or resulting from the acts or omissions of the permittee, or
the permittee's employees, officers, agents or subcontractors with respect to any professional sports
activity conducted or any improvement constructed or installed at the Hans L'Orange baseball
facility. (Added by Ord. 95-51)
Article 10. Rental of Surfboard Lockers on Kuhio Beach
Sections:
10-10.1 Purpose.
10-10.2 Surfboard locker fees and charges for storage.
10-10.3 Management of the surfboard lockers.
Sec. 10-10.1 Purpose.
The purpose of Article 10 of this chapter is to establish the rental
of surfboard lockers on Kuhio Beach under the jurisdiction of the department of
enterprise services and to authorize that department to adopt rules pursuant to law
for the proper rental, management, maintenance and safety of those lockers consistent with
the remainder of this article. (Added by Ord. 06-47)
Sec. 10-10.2 Surfboard locker fees and charges for storage.
(a) The department of enterprise services is authorized to set reasonable fees for the
use of surfboard lockers on Kuhio Beach.
(b) The director of the department of enterprise services shall adopt rules pursuant to
HRS Chapter 91, for the implementation, administration and enforcement of this article.
(Added by Ord. 06-47)
Sec. 10-10.3 Management of the surfboard lockers.
The department of enterprise services is authorized to establish a concession or management
agreement, or append this function to an existing concession or management agreement for
administrative purposes. (Added by Ord. 06-47)
Article __. Abandoned Property
Sections:
10- __ .1 Definitions.
10- __ .2 Abandoned and unattended property — Impoundment.
10- __ .3 Storage, notice, disposition.
10-__.4 Proceeds of sale.
10-__.5 Repossession.
10-__.6 City not liable.
Sec. 10- .1 Definitions.
For purposes of this article:
“Abandoned property” means any and all tangible personal property, including items, materials, equipment,
fixtures, that has been left unattended on land owned or controlled by the
department for a continuous period of more than twenty-four hours without the written
permission of the department or its authorized representative. Anything herein to the contrary
notwithstanding, personal property carried into the park and left after park hours will
be considered abandoned property.
“Department” means the department of parks and recreation.
(Added by Ord. 08-23)
Sec. 10-__.2 Abandoned and unattended property — Impoundment.
No person shall abandon property in a public park. All abandoned property may
be impounded by the department or its authorized representative. In the event property
left unattended interferes with the safe or orderly management of the premises, it
may be impounded by the department or its authorized representative at any time.
(Added by Ord. 08-23)
Sec. 10-__3 Storage, notice, disposition.
(a) Storage and Related Costs. Impounded property shall be moved to a place of
storage, and the owner shall be assessed moving, storage, and other related costs.
Additionally, the owner of impounded property shall bear the responsibility for the risk
of any loss or damage to their property.
(b) Shopping Carts. The department shall notify the Retail Merchants Association or its successor
organization, of the location where the shopping cart may be claimed. The Retail
Merchants Association or its successor organization shall notify the owner or owner’s agent
of the location where the shopping cart may be claimed. The owner or
owner’s agency shall have three business days from the date the department notifies
the Retail Merchants Association or its successor organization to retrieve the shopping cart
without charge. If the owner or owner’s agent fails to retrieve the shopping
cart within three business days, the shopping cart shall become impounded property as
provided in subsection (a), written notice shall be provided as in subsection (c),
and the owner shall be subject to any applicable fees and costs imposed
pursuant to subsection (a). Any shopping cart not reclaimed by the owner or
owner’s agent within 30 days after the date of written notice may be
disposed of as property without commercial value.
(c) Written Notice. The department shall send notice by certified mail at least 30
days prior to disposition of impounded property, to the last known address of
the owner of the property if the owner is known or can be
determined. The notice shall apprise the owner of the identity and location of
the property impounded and of the intent of the department to sell, donate,
or otherwise dispose or the property. Where the identity or the address of
the owner is unknown or cannot be determined, the notice shall be posted
on the premises where the property is impounded. If the impounded property has
an estimated value of $1,000 or more, the department shall also give public
notice of the disposition, including a brief description of the property, at least
once either statewide or in a publication of local circulation where the property
was impounded; provided that the disposition shall not take place less than five
days after the notice of intent to dispose of the property.
(d) Disposition. Following proper notice as provided in subsection (c), impounded property having an
estimated value of $1,000 or more shall be sold by public auction through
oral tenders. The requirement for public action shall not apply when the value
of the impounded property is less than $1,000. Property may be disposed of
as property without commercial value if it was publicly auctioned but no bid
was received, or if the value is less than $1,000.
(e) Disposition of Property Without Commercial Value and Perishable Property. If the department determines
that any impounded property has no apparent commercial value or is of a
perishable nature, the department at any time thereafter may destroy the impounded property
or the property may be sold by negotiation, disposed of or sold as
junk, kept by the department or donated to any other government agency or
charitable organization.
(Added by Ord. 08-23)
Sec. 10-__.4 Proceeds of sale.
All charges and fines and all expenses of handling, storage, appraisal, advertising, and
other sale expenses accruing to the owner of impounded property shall be deducted
from the proceeds of any sale of impounded property. Any amount remaining shall
be held in trust for the owner of the property for 30 days
after sale, after which time the proceeds shall be paid into the general
fund. (Added by Ord. 08-23)
Sec. 10-__.5 Repossession.
The owner or any other person entitled to abandoned or impounded property may
repossess the property prior to its disposition upon proof of ownership or entitlement
and payment of all unpaid rent, debts, charges, and fines owing and all
handling, storage, appraisal, advertising, and any other expenses incurred in connection with the
proposed disposition of impounded property. (Added by Ord. 08-23)
Sec. 10-_ . 6 City not liable.
The City and County of Honolulu, its officers, employees, and agents shall not
be liable to the owner of impounded property because of any disposition of
the property made pursuant to this section. The remedies available to the owner
of impounded property are limited to those provided in this article. (Added by
Ord. 08-23)
Revised Ordinances
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