COM 1480.016 2006-2008 - Laserfiche WebLink

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or by imprisonment not to exceed one year, or both, for each offense. Each day of each violation shall constitute a separate offense. (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 706-640 through 706-649, Hawaii Revised Statutes. (d) Any authorized personnel may issue a sumtnons 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 article 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 at a time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this article which does not mandate the physical arrest of i 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 of Hawaii and the 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 administrative judge 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. (h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. Section 10-37. Injunctive action. The County of Hawaii may maintain an action for an injunction to restrain any violation of the provisions of this article and may take any other lawful action to prevent or remedy any violation. The Constitution of the State of Hawaii (1978) provides that for the benefit of present and future generations, the state and its political subdivisions shall conserve and protect Hawai`i's natural resources, including land and water, and that all public natural resources are held in trust by the state for the benefit of the people. The County has an affirmative public trust duty to enact, maintain and enforce this chapter to protect public land and water resources. Violations of this chapter individually and cumulatively increase the likelihood of erosion of private and public lands, and injury to public waters, which are irreplaceable natural resources. Therefore, the County Council finds and declares that violations of this Chapter are public nuisances, which are subject to abatement and remedy by injunctive or mandatory equitable relief action by the County, through its Corporation Counsel or such special counsel as may be retained by the County for that purpose. -20-