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Home My WebLink AboutBIL 239 Draft 02 2020-2022AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND DIVISION 2, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE OPERATION OF PARKS AND RECREATIONAL AREAS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Chapter 15, article 1, section 15-2 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 15-2. Applicability and scope of chapter. (a) This chapter shall apply to all County [parks and recreational areas]park areas. (b) The provisions in this chapter, including provisions for the imposition upon any person of the penalties by fine or imprisonment for any violation of this chapter, are not to be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances, the stricter ordinance may apply. (c) The director, or the director’s authorized representative, shall implement and administer the provisions of this chapter. (d) The director or the director’s authorized representative, may authorize a temporary or limited term exception from any provision of this chapter when determined to be in the best interest of the department, the County, or the public.” SECTION 2. Chapter 15, article 1, section 15-3 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 15-3. Definitions. As used in this chapter: [(1)] “Authorized person” means any person authorized to enforce the provisions of this chapter. “Beach park” means a park or specific area of a park that has shoreline frontage or is on the water’s edge that supports swimming, fishing, and other beach, shoreline, or ocean-going recreational activities, which may also include camping, picnicking, or events where proximity to the ocean is a primary consideration. [(2)] “Camper” means any person with a valid permit who remains, or intends to remain, in a park or recreational facility to use the facility as overnight accommodations. [area between the hours of 11:00 p.m. and 6:00 a.m.] [(3)] “Camping” means the act of remaining in any park area outside of the park hours provided in section 15-8. [between the hours of 11:00 p.m. and 6:00 a.m.] “Camping units” means any prefabricated or custom-built mobile units that are pulled or transported by other means intended for human habitation or occupancy of any duration including, but not limited to, travel trailers, camper trailers, fifth-wheel trailers, pop-up trailers, or similar. [(4)] “Department” means the department of parks and recreation. [(5)] “Director” means the director of the department of parks and recreation. [(6)] “Park area” means all County-owned or controlled areas administered by the [County.] department of parks and recreation. [(7)] [(8)] “Picnicking” means an outing by one or more persons who consume or intend to consume food while within the boundaries of a public premises under the jurisdiction of the department of parks and recreation, but who do not remain or intend to remain on the premises past the hour of 11:00 p.m. If the outing is past the hour of 11:00 p.m., it shall be known as camping and shall be governed by those provisions relating to camping. [(9)] “Picnicker” means any person on an outing, who consumes or intends to consume foodstuffs while within the boundaries of a public premises under the jurisdiction of the department of parks and recreation, but who does not remain or intend to remain upon the premises past the hour of 11:00 p.m. If any person remains past the hour of 11:00 p.m., the person shall be known as a camper and shall be governed by those provisions relating to camping. “Recreational area” means all beach parks, and all other park areas administered by the department primarily for the purpose of public recreation. “Recreational vehicle” means any prefabricated or custom-built self-propelled unit intended for human habitation or occupancy of any duration including, but not limited to, motorhomes, campervans, coaches, caravans, popup campers, truck campers, or similar vehicles. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon, excepting devices moved solely by human power.” SECTION 3. Chapter 15, article 1, section 15-6 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is repealed: “[Section 15-6. Removal of beach composition from certain parks; penalty. Except as otherwise provided by law, no unauthorized person shall remove sand, coral, rocks, soil, or other beach composition from any County beach park.]” SECTION 4. Chapter 15, article 2, division 1, section 15-8 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “[Section 15-8. Visiting hours; closing areas. The director may establish a reasonable schedule of visiting hours for all or portions of a park area and close or restrict the public use of all or any portion of a park area, when necessary for the protection of the area or the safety and welfare of persons or property by the posting of appropriate signs indicating the extent and scope of closure. All persons shall observe and abide by the officially posted signs and designating closed areas and visiting hours.]” Section 15-8. Parks and recreation facilities; hours of operation. (a) The director, or the director’s authorized representative, may establish different and specific hours of operation for any park or any portion or area of a park, via posting of signage at the respective park or area. The director may also designate any park or any portion or area of a park available for use via use permit or specific approval only. (b) All parks, including beach parks, shall be open daily at 7:00 a.m. and closed at 8:00 p.m. for public access and use that is consistent with all applicable rules and regulations. (c) All County owned or managed cemeteries, inclusive of veterans cemeteries, shall open daily at 7:00 a.m. and close at 7:00 p.m. (d) Recreation facilities shall have opening and closing times posted at each facility as established by the director. Recreation facilities that do not have opening and closing times posted shall be considered closed and available only via a use permit or specific approval issued by the director or the director’s authorized representative. (e) The director may close or restrict access to any park, recreation facility, or any portion of a park or recreation facility when necessary for the protection of the park, facility, or portion thereof or for the safety and welfare of persons or property via the posting of appropriate signage indicating the extent and scope of each closure. (f) All persons shall observe and abide by all officially posted signage and designated hours of operation.” SECTION 5. Chapter 15, article 2, division 2, section 15-28 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to read as follows: “Section 15-28. Prohibited activities in [recreational areas.] parks areas. The following activities are prohibited in [recreational areas:] all park areas, unless authorized by the director or the director’s authorized representative: (1) The intentional or wanton destruction, defacement or removal of any natural feature or nonrenewable natural resource[.]; (2) The intentional or wanton possession, destruction, injury, defacement, removal, or disturbance, in any manner of any public building, sign, equipment, monument, marker, or other structure, or of any relic, artifact, ruin, or historic or prehistoric feature, or of any other similar public property[.]; (3) Gathering or collecting for [personal use,] the purpose of sale or commercial use any [reasonable] quantities of natural products of a renewable nature, including, but not limited to [seashells,] flowers, fruits, leaves, berries, wood, driftwood, and marine deposits of natural origin, [and the gathering or collecting of such products for the purpose of sale.] with the exception of the gathering or collecting of such products in reasonable quantities for personal use except where such activity is expressly prohibited by posted signage; (4) The destroying, digging, or removing [, or possessing] of any tree, shrub, or other plant[.] ; the tying or affixing of ropes, cords, or cables to any plant for the purpose of mounting or securing signs, tents, tarps, shade or wind screens, hammocks or similar items; and inserting spikes, nails, screws, or other foreign objects into any tree or other plant; and (5) The gathering or collecting of [small quantities of] pebbles or [small] rocks of any size[.] [by hand for personal use is permitted]. [The collection of such objects for the purpose of sale is prohibited.] for the purpose of sale. The gathering or collecting of small quantities of pebbles or rock by hand for personal use is permitted.” SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 7. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 8. This ordinance shall take effect upon approval. INTRODUCED BY: ________________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: