Laserfiche WebLink
110/3 ?ACObSON tv o. Phonc No: (808) 961-8263 <br /> M.... y <br /> ('nmidl 1ltvnher ~ Fax No: (808) 961-89L <br /> ~ Ii-Mail: jacubs(ilhgea.org <br /> ''s jjaco(n)co.hawaii.hi.us <br /> ~ti•e~•N~r <br /> HAWAI`1 COUNTY COUNCIL <br /> Cuunty o/'l(~tw~ii'i <br /> /hm~ai'i C'ounty' building <br /> 'S:I vpuni Street, SuilL ?04 <br /> Vila. Hae~ui'i 96~ZO <br /> TO: Stacy K. Higa, Chair <br /> Hawaii County Council <br /> FROM: Bob Jacobson <br /> Council Member <br /> DATE: October 17, 2005 <br /> SUBJECT: Bill to amend, Chapter 15 (Parks and Recreation), Hawaii County Code - <br /> Bill 147 (Draft 2) is attached. phis bill changes the penalty for violations of any provision in <br /> Chapter 15 by reducing the maximum imprisonment from ninety days to thirty days. A penalty <br /> of "a fine not exceeding $ I ,000" is not changed; and a combination of both fine and <br /> imprisonment is unchanged. <br /> Chapter 15, Article 4 (Camping) provides for camping permits and other regulations governing <br /> camping areas. Article 1, Section 15-7, establishes the penalty for violation of any provision in <br /> Chapter I5. <br /> Prosecutor's Office staff requested an amendment to the penalty section of Chapter 15, with the <br /> impetus being feedback from judges and juries in the court system. For example, imprisonment <br /> of ninety days as a penalty for failure to obtain a camping permit is so extreme that individuals <br /> cited for a violation are compelled to challenge the citations in court. Large numbers of cases for <br /> camping-permit violations are not viewed as a good use of the court's time and resources. <br /> Bil] 147 was first introduced at your September 9, 2005 Public Safety and Parks and Recreation <br /> Committee meeting and was postponed indefinitely, pending further consultation with the <br /> Prosecutor's Office regarding the length of term of the imprisonment penalty. Draft 1 had <br /> removed an imprisonment penalty altogether. Discussions since September 9 have clarified the <br /> position of Prosecutor's Office regarding the imprisonment penalty for violations of the <br /> provisions of Chapter 15 (Parks and Recreation); and the maximum imprisonment penalty was <br /> reduced from ninety days to thirty days. <br /> Should you have any questions, please call me. <br /> Att. Cem~s*. ~ ~ZS. 2 <br /> <br /> ~B~ ~y7j fZb.al>' Ref. ~o; - <br /> Ref, Uate n~T ~ <br /> District G -Upper Puna, Kn `ey ant/ Sou Ur Kona <br /> llnwaYi Cauu(r /s .4n Equnl Opportureitr Provider And 67rtplgver <br /> <br />