HomeMy WebLinkAboutCOM 0425.001 2004-2006 MSYIos N4
GARY SAFARIK ~ .~9"~ COMMI'iTBES
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District I' Puna Mokai Public Safety & Parks and Recreation
Chair
Phone: (808) 961-8267 ~?~r „
Fax: (808)961-8912 ~
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Email: gsafarik~D,co.hawaii.hi.us Vice-Chair
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Hawaii County Budding
Aupuni Street
Hilo, Hawaii 96720
September 19, 2005
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MEMORANDUM
TO: Stacy K. Higa, Chair
Hawaii County Council -
FROM: Gary Safarik, Chair
Public Safety and Parks a R f Committee
RE: Proposed Amendments to Bill 147 -Parks and Recreation Code Penalty
Provisions
Currently the Parks and Recreation Code (Chapter 15 HCC) applies the penalty provision
(Section 15-7) to all Articles (2 through 10) in the Chapter. Recently, the Prosecutor's office had
an attorney's meeting and is proposing to reduce the jail time to no more than 30 days (from 90
days) in order to allow the option ofjail time, but without requiring a jury trial, thus solving the
problem of persons requesting jury trials for these petty misdemeanors and taking up the time of
the Court unnecessarily.
As we discussed, these penalty provisions should be refined, since any jail time for
camping, public meetings, picnics and farmers markets permit violations seems excessive. My
proposed amendments to Bill 147 are outlined below:
1. Reduce penalty for the following Articles to $250 with no jail time:
Article 3 -Public Meetings and Assemblies
Article 4 -Camping
Article 5 -Picnics
Article 9 -Farmers Markets
2. Reduce penalty for the following Articles to $1000 with no more than 30 days jail time:
Article 2, Division 1 -Park Areas
Article 2, Division 2 -Recreation and Park Areas
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3. Eliminate penalty for the following Articles as it is administrative in nature and no permits are
required:
Article 6 -Credit Against User Fees for Private Improvements to Parks and Recreation
Facilities
Article 7-Veterans Advisory Committee
Article 8 -Naming of Facilities
Article ] 0 -Municipal Golf Course Funds
With regard to major violations like weapons in parks, (i.e. Section 15-12 in Article 2, Division
1 -Park Areas) persons would be charged under other provisions which have greater penalties than
those in Chapter 15.
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