BIL 280 Draft 06 1996-1998 - Laserfiche WebLink

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Section 3-38. Criminal prosecution. (a) Any person whether as principal agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (1) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less than $500, but not exceeding $1,000. (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii Penal code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and time provided in the summons or citation. (t) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. The form and content of such summons or 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 summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State and County of Hawaii. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrativejudge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. 20