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HomeMy WebLinkAboutBIL 646 Draft 01 1969-1972BILL NO. 646 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REGULATION AND CONTROL OF COUNTY PARKS AND RECREATIONAL AREAS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE COUNTY COUNCIL IN AND FOR THE COUNTY OF HAWAII: PART I. GENERAL PROVISIONS SECTION 1.1. General Policy. Pursuant to and in furtherance of the goals and purposes of the general plans of the State of Hawaii and the County of Hawaii, the County Council of the County of Hawaii hereby adopts and pro- mulgates this ordinance necessary for and conducive to the: A. Preservation of the beauty of Hawaii, its way of life and its Aloha spirit; B. Moral, physical and economic well-being of the citizens and residents of the County of Hawaii; C. Utilization of land resources in the County of Hawaii in an intelligent and reasonable manner based on the capabilities and characteristics of the soil, its physical surroundings, climate and the needs of the people in the County together with any other relevant and material considerations: D. Establishment of recreational and cultural facilities that will provide healthful, educational and aesthetic advantages for the people in the County of Hawaii and its visitors; and for the orderly and progressive development of such facilities to accommodate the expanding and diversified needs of the people; and E. Protection and enhancement of the scenic and historic resources of the area. SECTION 1.2. Applicability and scope. A. This ordinance shall apply to all County parks or recrea- tional areas. B. The provisions in this ordinance, including provisions for the imposition upon any person of the penalties by fine or imprison- ment for any violation of this ordinance, are not to be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict or inconsistency with other County ordinances, the stricter ordinance may apply. C. If any section, sentence, clause or phrase of this ordinance, or its application to any person or circumstances, is for any reason held to be unconstitutional or invalid, the remaining portions of this ordinance, or the application of this ordinance to other persons or circumstances, shall not be affected. The County Council hereby declares that it would have passed this ordinance, and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 1.3. Definitions. The following definitions shall apply to the provisions contained in this ordinance. A. The term "Director" shall mean the Director of the Depart- ment of Parks and Recreation. B. The term "authorized person" includes any person authorized to enforce the provisions of this ordinance. C. The term "park area" includes all County owned or controlled areas administered by the Department of Parks and Recreation. D. The term "recreational area" includes all beach parks, and all other park areas administered by the Department of Parks and Recreation, primarily for the purpose of public recreation. E. The term "camping" is the use and occupation of any public premise (other than those provided within other sections) under the jurisdiction of the Department of Parks and Recreation whereby one or more persons remain or intend to remain at the particular public premise past the hour of twelve midnight. F. The term "camper" is any person who remains or intends to remain upon any public premise under the jurisdiction of the Depart- ment of Parks and Recreation past the hour of twelve midnight. G. The term "pienteking" is an outing by one or more persons who consume or intend to consume foodstuff while within the boundaries of a public premise under the jurisdiction of the Department of Parks and Recreation, but who do not remain or intend to remain on the premise past the hour of twelve midnight. If the outing is past the hour of midnight, it shall be known as a "camping" and shall be governed by those provisions appertaining thereto. H. The term "picnicker" is any person on an outing, who consumes or intends to consume foodstuffs while within the boundaries of a public premise under the jurisdiction of the Department of Parks and Recreation, but who does not remain or intend to remain upon the premise past the hour of twelve midnight. If any person remains past the hour of midnight, he shall be known as a camper and shall be governed by those provisions appertaining thereto. SECTION 1.4. Penalties. A. Any person convicted of violating any provision contained in this ordinance, or as the same may be amended or supplemented, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings. PART II. PUBLIC USE AND RECREATION OF PARK AREAS SECTION 2.1. Abandoned and unattended property. A. Abandonment of any vehicle or other personal property is prohibited and such property may be impounded by the Director or the police to be dealt with according to law. B. Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission of the Director, -2- is prohibited and any property so left may be impounded by the Director or the police. In the event unattended property interferes with the safe or orderly management of the park area, it may be impounded by the Director at any time. SECTION 2.2. Audio devices. A. The operation or use of any audio devices including radios, television sets, musical instruments, and noise producing devices such as electric generating plants, or other equipment driven by motors or engines in such a manner and at such times so as to un- reasonably annoy persons in campgrounds, picnic areas, or at other public places or gathering is prohibited. B. The operation or use of public address systems whether fixed, portable, or vehicle mounted, on lands, waters, and highways, is prohibited except when such use or operation is in connection with public gatherings or special events for which permits have been issued. C. l'he installation of aerials or other special radio, telephone, or television equipment is prohibited unless authorized by the Director. SECTION 2.3. Begging and soliciting. A. Begging is_prohibited. B. Hitchhiking or the soliciting of transportation is prohibited. C. Commercial soliciting of any kind without a permit is pro- hibited; provided, however, that this section shall not apply to transq.ctions with authorized concessionaires. SECTION 2.4. Camping. Recognizing the increasing demands for camping premises and facilities administered by the Department of Parks and Recreation, and being aware of the present and potential difficulties to be encountered in the fair allocation of the space and facilities of these various campsites; and being aware of the hazards of health and sanitation which may accompany over -crowded or frequently used public premises and facilities; the following provisions are adopted to insure the: (1) most equitable allocation of time, space and use of the grounds and facilities of the public campsites; (2) maintenance of minimal standards of health as set forth by the Department of Health; (3) reasonable safety and enjoyment in the use of such camp- sites; and (4) the maintenance of the campsites and their facilities and the preservation of their beauty. A. Camning and the use of trailers or other camper units are permitted only at designated locations. However, the Director may Issue written permits to persons desiring to camp in backcountry, or othet isolated sections of a park area, or may designate portions of the park area in which such permits will not be required by marking on a map which shall be available for public inspection in the office of the Department of Parks and Recreation. B. l`he Director may establish limitations on the length of time persons may camp within a park area, either in a single period or in combined separate periods. Such limitations shall be posted at camp- grounds or other appropriate locations. -3- C. The installation of permanent camping facilities is prohibited. D. 1he digging or leveling of the ground at any campsite is prohibited, except with the permission of the Director. E. Camping equipment must be completely removed and the sites cleaned before departure. F. Camping within 25 feet of any water hydrant, main road, or well-defined water course, except upon the direction of the Director is prohibited. G. Quiet shall be maintained in all campgrounds between the hours of 12 midnight and 6 a.m. H. the gathering of wood for use as fuel in campgrounds or picnic areas shall be limited to dead material on the ground, except where such gathering is prohibited by the Director by the posting of appropriate signs. I. Any adult person, representing himself, his family, a group, organization or association wishing to camp at a designated "camping area" shall be required to obtain a camping permit authorizing the use of the grounds and facilities for camping purposes. 'These permits may be obtained from the administrative office of the Department of Parks and Recreation in Hilo or from any official of said department designated by the department to issue such permits. Each permit will reserve the use of the desired camping area for the stated date requested. Xhe means of requesting for camping permits and receiving confirmation of the same can be done either through a direct visit to the above office or designated authority or by means of telephone or through the mail. All permits shall b- issued on a first-come, first- se:�ved basis but may be denied any person, group, organization or association when the use of the desired camping area may be dangerous to the campers or unreasonably inconvenient to the Department of Parks and Recreation; such as: '(1) When the group is of an extraordinary large size; (2) When seve-e weather conditions are threatening; (3) When there are inadequate facilities to meet the immediate needs of the camper or campers; (4) Or when repairs or improvements are being made to develop the campsite. J. No person, group, organization or association shall be allowed to remain at any one specific "camping area" for a period longer than one (1) week during the months of June through August and for a period not longer than two k2) weeks during the other nine months of the year unless special permission is granted to extend the stay by the Director. A camping period for the use of Pavilions and sheds in "camping areas" is limited to three days and two nights' duration throughout the year unless special Permission is granted by the Director to extend the time limit. K. The Department of Parks and Recreation may apportion and delineate the space within the "camping area" for the exclusive use of a person, group, organization or association granted a permit to utilize said area; but said area shall not be less than 40 sq. ft. nor more than 80 sq. ft. per person. -4- L. All responsible Persons 18 ,years of age or older shall be allowed to secure a permit on their own to camp in any of the campsites. All minors below the age of 18 shall be allowed to camp in the "camping area" provided that they will be under the direct supervision of a responsible adult for every ten (10) minors. All minors from the same family accompanied by at least one of their parents shall be allowed to camp, regardless of the ratio of super%tision between parent and children. M. Permits shall be automatically cancelled if they are not picked up or if the department is not notified of final verification of usage by the requesting party within 48 hours of actual usage. The department also reserves the right to terminate camping privileges, aside from natural causes, for the following reasons: with (1) For tampering/or injuring signs, posters, markers, plants and other ornamental artifacts in the area; (2) For abuse of and physical damage to any building or other facility in the area; (3) kor unnecessary and excessive littering of the area; (4) For common nuisance and disorderly behavior; (5) For beim uncontrollably under the influence of liquor; (6) And for the violation of any other provision covered In this ordinance. SECTION 2.5. Closing of 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 scone of closure. All persons shall observe and abide by the officially posted signs and designating closed areas and visiting hours. SECTION 2.6. Disorderly conduct. A. Disorderly conduct is prohibited. B. Offense defined: A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he shall; (1) Engage in fighting or in threatening, violent, or tumultous behavior; or (2) Make unreasonable noise or offensively coarse utterance, gesture, or display, or address abusive language to any person present; or (3) Create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. SECTION 2.7. Dogs, cats and other pets. A. Dogs, cats and other pets are prohibited unless they are crated, caged, or on a leash, or otherwise under physical restrictive control at all times. -5- B. Pets are prohibited in public eating places, food stores, and on designated swimming beaches at all times. The Director may also designate by the posting of appropriate signs other portions of the Dark area where pets are not permitted. This paragraph shall not apply to SeeingEye dogs. SECTION 2.8. Explosives. A. The use or possession of explosives is prohibited except upon written permission of the Director. An authorized use or Possession of explosives shall conform with all applicable Federal, State and local laws. B. The use or possession of fireworks and firecrackers is prohibited, except upon written permission of the Director. SECTION 2.9. False report. The giving of any false or fictitious report or other information to any authorized person investigating an accident or any violation of law or regulations is prohibited. SECTION 2.10. Firearms, traps, and other weapons. A. In recreational areas the use and possession of all firearms or other implements designed to discharge missiles, which are capable of destroying animal life, shall conform with all applicable Federal, State and local laws. Such firearms or other implements shall not be used in a manner so as to endanger persons or property. The possession of loaded firearms or other implements in developed, nopulated, or concentrated use areas is prohibited. SECTION 2.11. Fires. A. The kindling of any fire is permitted only: (1) In designated camping and Picnicking grounds when the fire is confined in a fireplace provided for the use of visitors, or in grills, or in locations marked by the Director; or (2) In other locations, including backcountry, wilderness and remote sections of the park areas when a written permit has been secured from the Directorl or (3) In portions of the park areas designated by the Director where fires may be kindled without a written permit. Portions of the park areas so designated shall be marked on a map which shall be available for public inspection in the office of the Department of Parks and Recreation; or (4) In stoves or lanternsusing gasoline, propane, butane gas or other fuels. B. Fires must be kindled in such manner that no tree, shrub, grass, or other inflammable or combustible matter will be set on fire or caused to be set on fire. C. When no longer needed, the fire shall be completely extinguished. Leaving a fire unattended is prohibited. D. Throwing or dropring a lighted cigarette, cigar, pipe heel, match, or other burning material is prohibited. SECTION 2.12. kishing. A. Unless further restricted herein or by special regulations, fishing shall be in accordance with the laws and regulations of the State or legal subdivision thereof, within whose exterior boundaries a park area or portion thereof is located, and such laws and regula- tions which are now or may hereafter be in effect are hereby adopted and made a part of this ordinance. SECTION 2.13. Gambling. Gambling in any form, or the operation of gambling devices, whether for merchandise or otherwise, is prohibited. SECTION 2.14. Intoxications; drug incapacitation. Entering or remaining in a park area when manifestly under the Influence 6f alcohol, narcotics or other drugs, to a degree that may endanger oneself or other persons or property, or unreasonably annoy persons in the vicinity is prohibited. SECTION 2.15. Lost and found articles. All lost articles shall be deposited by the finder at the office of the Director or at the nearest police station, leaving his name and address. SECTION 2.16. Picnicking. It is the aim of the Department of Parks and Recreation to provide for the people in the County of Hawaii, picnic areas suited for wholesome family and group type recreation. Such an end may be realized by minimizing the nuisance elements within these areas which are often frequented. and desired by the public and by maximizing the potential utility of the natural resources of these areas so as to accent their natural beauty and function. The emphasis is to secure an environment of security and relaxation for all ages in a congenial atmosphere, reflecting the spirit of Aloha and the Hawaiian way of life. A. In recreational areas picnicking is permitted except in those locations designated by the Director by the posting of appro- priate signs. The Director may also establish reasonable limitations on the length of time any person or persons may use any picnicking facility by the posting of appropriate signs when such limitations are necessary for the accommodation of the visiting public. B. Any group larger than 15 members shall be allowed to reserve specified space and facilities within a public picnic area by obtain- ing a picnic permit from the administrative office of the Department of Parks and Recreation in Hilo or from any official designated by the department to issue such permits. Each permit shall reserve the space or Facility in the desired picnic area for use on the stated date requested. The means of requesting for a picnic permit and receiving confirmation of the same can be done by a direct visit to the above office or designated authority or _,y telephone or through the mail. All permits shall be issued on a first-come, first served basis but may be denied to any person, group, organization or associa- tion when the use of the desired picnic area may be dangerous to the picnickers or unreasonably inconvenient to the Department of Parks and Recreation; such as: (1) When the group is of an extraordinary large size; (2) When severe weather conditions are threatening; -7- (3) when there are inadequate facilities to meet the needs of the Picnicker or Picnickers; (4) Or when repairs or improvements are being made to develop the Picnic area. C. Permits for use of Picnic areas shall be granted on requests for any particular day between the hours of 6 a.m. and midnight. An earlier starting time may be granted by the Department of Parks and Recreation to accommodate special functions. Requests for use of pavilions and shed facilities within picnic areas shall be for the same duration as above. D. All responsible persons 18 years or older shall be allowed to secure a permit on their own to reserve space in any of the picnic areas for his group. All minors below the age of 18 shall be allowed to picnic in the Picnic areas on their own if the adult who secures the Permit for them will be responsible for them and also provided that their picnicking is done during the normal daylight hours of 6 a.m. to 6 p.m. Minors staying beyond 6 p.m. shall be undet the supervision of adults on a same 10 minors to one adult ratio as is required in camping. All minors from the same family, who are accompanied by at least one of their parents, shall be allowed to remain in the picnic area Past the 6 p.m. deadline regardless of the ratio of supervision between parent and children. SECTION 2.17. Portable engines and motors. The operation or use of a portable motor -driven electric genera- ting plant, pump or other equipment driven by a portable engine or motor outside any developed or public use area without written permission from the Director, is prohibited. The Director may issue a permit for the use if he determines that the applicant has submitted satisfactoryjustification for the use of such equipment, that natural resources will not be impaired, and that no undue interference with public enjoyment of the park area will result. SECTION 2.18. Preservation of public Property, natural features, curiosities, and resources. A. In recreational areas: (1) The intentional or wanton destruction, defacement or removal of any natural feature or nonrenewable natural resource is rrohibited. (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 Is Prohibited. (3) Gathering or collecting for personal use, reasonable quantities of natural products of a renewable nature, including, but not limited to, seashells, fruits, berries, driftwood, and marine deposits of natural origin is permitted. The gathering oP collecting of such products for the purpose of sale is prohibited. (4) The destroying, digging, removing, or possessing of any tree, shrub, or other plant is prohibited. (5) The gathering or collecting of small quantities of pebbles or small rocks by hand for personal use is permitted. IM The collection of such objects for the purpose of sale is prohibited. SECTION 2.19. Public assemblies, meetings. A. Public meetings, assemblies, gatherings, demonstrations, parades and other public expressions of views are permitted within park areas on lands which are open to the general public provided a permit therefor has been issued by the Director. B. Any application for such a permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith. C. The Director shall issue a Permit on proper application unless: (1) A Prior application for the same time and place has been made which has been or will be granted; or (2) The event will present a clear and present danger to the public health or safety; or (3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area applied for. D. The permit may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained. It may also contain reasonable limitations on the time and area within which the evenfis permitted. SECTION 2.20. Report of injury or damage. All incidents resulting in injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the Director. This report does not relieve persons from the responsibility of making any other accident reports which may be required under State or County law. SECTION 2.21. Sanitation. A. All garbage, papers, cans, bottles, waste materials, and rubbish of any kind must be burned in authorized fires or disposed of only at points or places designated for the disposal thereof, or removed from the area. All noncambustible waste materials shall be deposited only in places designated for the disposal of such materials or removed from the area. B. Draining or dumping refuse or wastes from any trailer, or other vehicle except in places or receptacles Provided for such use is prohibited. C. Cleaning food or washing clothing or articles of household use is permitted only in designated areas. D. Polluting or contaminating in any manner any watershed, water supplies or water used for drinking purposes is prohibited. E. Fish entrails or other inedible parts of fish may be disposed of into salt waters except within 200 feet of boat docks or swimming areas but shall not be thrown into fresh waters or onto park area lands in areas of Public concentration. F. Depositing any body waste in or on any portion of any comfort station or other public structure except into fixtures provided for that purpose is prohibited. Placing any bottle, can, cloth, rag, metal, wood, or stone substances in any of the plumbing fixtures in such station or structure is prohibited. All comfort stations shall be used in a clean, sanitary, and orderly manner. G. Urinating or defecating other than at the place provided therefor is prohibited, except in backcountry, wilderness or other remote areas. H. Using government refuse containers or other refuse facili- ties for dumping household or commercial garbage or trash brought as such from private Property is prohibited. SECTION 2.22. Skating, skateboards. The use of roller skates and skateboards is prohibited except in locations designated by the Director by the posting of appropriate signs. SECTION 2.23. Special events. Snorts events, pageants, reenactments, regattas, entertainments and the like, characterized as public spectator attractions, are prohibited unless written permission therefor has been given by the Director. Such permits may be issued only after a finding that the issue of such permit will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with use of the area by the general public. The permit may contain such reasonable conditions and restrictions as to duration and area occupied as are necessary for protection of the area and public use thereof. SECTION 2.24. Swimming and bathing. A. Swimming and bathing are permitted except in waters and at times where such activities are Prohibited in the interest of public health or safety, which excepted waters shall be designated by the Posted signs. B. The Director may prohibit the use of flotation devices within designated swimming areas by the Posting of appropriate signs. C. The use of surfboards and similar devices is prohibited within the limits of designated swimming beaches. SECTION 2.25. Tampering with vehicle or vessel. Tampering or attempting to tamper with any vehicle, vessel or other equipment which is not lawfully in one's possession or control, or entering or going upon, moving or manipulating any of the parts or components of any vehicle, vessel or other equipment or starting or setting the same in motion, except under such lawful possession or control are prohibited. SECTION 2.26. Parking. Parking of motor vehicles shall be in places designated by appropriate signs and within stalls as they may be provided. -10- PART III. COMMERCIAL AND PRIVATE OPERATIONS SECTION 3.1. Advertisements. Commercial notices or advertisements shall not be displayed, Posted, or distributed on County owned or controlled ladds within a park area unless prior written Permission has been given by the Director. Such Permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the Park area and such notices and advertisements are found by the Director to be desirable and necessary for the convenience and guidance of the Public. SECTION 3.2. Business operations. Engaging in or soliciting any business in nark areas,except in accordance with the provisions of a Permit, contract, or other written agreements with the County of Hawaii, is prohibited. SECTION 3.3. Commercial Photographer. A. Motion nictures, television. Before any motion Picture may be filmed or any television Production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bonafide newsreel or news television personnel, written Permission must first be obtained from the Lirector. SECTION 3.4. Memorialization. The installation of any momument, memorial, tablet, or other commemorative installation in a Park area without permission of the Director is prohibited. SECTION 3.5. Nuisances. The creation or maintenance of a nuisance upon the County owned lands of a park area is prohibited. SECTION 3.6. Residence on County lands. Residing in park areas is prohibited, except in accordance with a Permit or other written agreement with the County authorizing such use, or by employees of the Department of Parks and Recreation. SECTION 3.7. Trespass on County lands. The running at large, herding, driving across, or grazing of animals of any kind on the public lands ��f an area, or the use of such lands for agricultural purposes, is permitted only under a valid lease, contract, or special use Permit issued by the County or Pursuant to law. PART IV. SPECIAL RULES FOR SPECIAL PARKS (Keserved) -11- PART V. EFFECTIVE DATE SECTION 5.1. Effective date. This Ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of Adoption:• INTRODUCED. _BY : APPROVED this day of 19 . Mayor, County of Hawaii State of Hawaii -12- Ise MEETING OF: None-la,r-r , 0(-(� ACTION: rrnl^c; t i»ta,.n�,, i n-pr1 t- , rip fpr Ir 1 a ot,hl j t'PAYir,r i c i,pl.a Qpr,on pr'i h,. !' ^ttrr• j 7 man r7YP2PG7P? OFFICE INFORMATION ONLY F-5 Ri i j �/�H Hilo, Hawaii Date of Introductions October 15, 1969 Date of Adoption: February 18, 1970 First Readin AYES AYES NOES AIE Carpenter De Luz De Luz Edwards Edwards Greenwell Greenwell Mata oshi Mata oshi Souza Souza x Yadao x Yamada Chr Hisaoka Chr Hisaoka x 9 7 2 Publication Dates October 22, 1969 BILL NO. 646 Second & Final Reading AYES NOES E Carpenter De Luz Edwards Greenwell Mata oshi X Souza X Yadao X Yamada X Chr Hisaoka X 9 Publication Dates March 4, 1970 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this 27 day of February 27 , 1970 . Mayor, County of Hawaii Council Chairman County Clerk Ord. No ...... �.. I W --P,,, File No ............................ .,.... M. B. No._. -511- ......................... Date:...... OCT 1Y 5 W69 FEB 1 8 1970