HomeMy WebLinkAboutCOM 0425.002 2004-2006 110/3 ?ACObSON tv o. Phonc No: (808) 961-8263
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('nmidl 1ltvnher ~ Fax No: (808) 961-89L
~ Ii-Mail: jacubs(ilhgea.org
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HAWAI`1 COUNTY COUNCIL
Cuunty o/'l(~tw~ii'i
/hm~ai'i C'ounty' building
'S:I vpuni Street, SuilL ?04
Vila. Hae~ui'i 96~ZO
TO: Stacy K. Higa, Chair
Hawaii County Council
FROM: Bob Jacobson
Council Member
DATE: October 17, 2005
SUBJECT: Bill to amend, Chapter 15 (Parks and Recreation), Hawaii County Code -
Bill 147 (Draft 2) is attached. phis bill changes the penalty for violations of any provision in
Chapter 15 by reducing the maximum imprisonment from ninety days to thirty days. A penalty
of "a fine not exceeding $ I ,000" is not changed; and a combination of both fine and
imprisonment is unchanged.
Chapter 15, Article 4 (Camping) provides for camping permits and other regulations governing
camping areas. Article 1, Section 15-7, establishes the penalty for violation of any provision in
Chapter I5.
Prosecutor's Office staff requested an amendment to the penalty section of Chapter 15, with the
impetus being feedback from judges and juries in the court system. For example, imprisonment
of ninety days as a penalty for failure to obtain a camping permit is so extreme that individuals
cited for a violation are compelled to challenge the citations in court. Large numbers of cases for
camping-permit violations are not viewed as a good use of the court's time and resources.
Bil] 147 was first introduced at your September 9, 2005 Public Safety and Parks and Recreation
Committee meeting and was postponed indefinitely, pending further consultation with the
Prosecutor's Office regarding the length of term of the imprisonment penalty. Draft 1 had
removed an imprisonment penalty altogether. Discussions since September 9 have clarified the
position of Prosecutor's Office regarding the imprisonment penalty for violations of the
provisions of Chapter 15 (Parks and Recreation); and the maximum imprisonment penalty was
reduced from ninety days to thirty days.
Should you have any questions, please call me.
Att. Cem~s*. ~ ~ZS. 2
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