HomeMy WebLinkAboutRule 06 - Rules Relating To User Fees
RULES AND REGULATIONSOF THE
DEPARTMENT OF PARKS AND RECREATION
OFTHECOUNTY OF HAWAI‘I
RULE 6
RULES RELATING TO
USER FEES
EFFECTIVE DATE: February 9, 2014
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TABLE OF CONTENTS
Section 1Policy3
Section 2Transitional Provisions3
Section 3 Definitions4
Section 4 Special Provisions8
Section 5 Rules Relating to Use of the Skeet and Trap Range10
Section 6 Insurance Requirements11
Section 7 User Fee Schedule13
A.User Fees13
B.Vendors’ Fee Schedule15
C.County Band Fee Schedule15
D.Special Rules and Exceptions Applicable to General Fee
Schedule15
E.Camping Fee Schedule15
1.Hawai‘i Residents15
2.Non-Hawai‘i Residents16
F.Cemetery Fee Schedule16
G.Outdoor Tennis Courts16
H.Standard ClassesFee Schedule17
Section 8Severability Clause17
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RULES AND REGULATIONS OF THE
DEPARTMENT OF PARKS AND RECREATION
COUNTY OF HAWAI‘I
RULE 6-RULES RELATING TO USER FEES OF THE DEPARTMENT OF PARKS
AND RECREATION,COUNTYOF HAWAI‘I
Section 1Policy
A.It shall be the policy of the County of Hawai‘i to assess fees for the use of
facilities, property, services, or equipment when any or all of the following
conditions exist:
1.When exclusive use is expected and may result in non-availability
to others.
2.When financial gain accrues to a sponsor or user.
3.When the general public interest is not served.
4.When regulation of use can be achieved through assessment,
resulting in greater accessibility to the general public. When
regulation of use resulting in greater accessibility to the general
public is not being achieved through the assessment of fees, the
Director may exercise such powers and duties so as to achieve this
end.
B.To the extent that these rules are not inconsistent with other rules and
regulations of the Department of Parks and Recreation, these rules shall
be applicable to all facilities, equipment and property administered,
maintained, supervised, or controlled by said Department, except for the
Ho‘olulu Park Complex, Pana‘ewa Recreation Complex, Japanese Tea
Ceremony House, the Municipal Golf Course and all swimming pools.
Section 2Transitional Provisions
A.Following the effective date of these rules, user fees of the Department of
Parks and Recreation shall be embodied in this rule. For those user fees
which were imposed prior to the effective date of these rules by other rules
and regulations or ordinances, such fees shall remain in effect unless they
are modified by these rules.
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Section 3Definitions
Unless specially defined hereafter, or unless the context in which specific words
are used clearly indicated a contrarymeaning, it is intended that the following
terms shall be defined as indicated below for purposes of these rules.
A.“After-Hour Charge” shall mean the fee assessed for use of a County
facility before or after the normal work hours of personnel assigned tothat
facility.
B.“Attendant” shall mean an employee or representative of the County, who
will be present prior to scheduled time of closure, to inspect andensure
the facility is restored to its pre-use condition.
C.“Athletic Activity” shall mean an exercise, sport, or game requiring
physical strength, agility, or stamina.
D.“Ballfield” shall mean any County-operated open ground naturally or
artificially turfed, and generally utilized for athletic activities.
E.“Band” shall mean any County-administered body of musicians formed for
the purpose of providing musical performances on a regular basis.
F.“Camping Facility” shall mean any County-operated park, grounds or
structure in which overnight stay is allowed.
G.“Cemetery” shall mean any County-operated cemetery in which plots are
available and sold to the general public.
H.“Community Center” shall mean any County-operated facility generally
utilized as a gathering place for meetings, socials, training and other
related activities.
I.“Concession area” shall mean the designated location(s) where any and
all commercial distribution is authorized to occur. (Note:Section1B for
controls necessary to prevent total diversion.)
J.“County Sponsored” shall mean any activity conducted by the Department
of Parks and Recreation or other County department as a planned
budgeted or staffed activity, in entirety, or on a co-sponsored basis. An
activity shall not be “County Sponsored” without the proper approval of the
Director and Mayor.
K.“Day” shall mean any fractional hours up to the closing hour of the specific
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park.
L.“Department” shall mean the Department of Parks and Recreation, County
of Hawai‘i.
M.“Department Sponsored” shall mean all functions, activities, or events
sponsored or co-sponsored by the Department and a person or an
organization. The co-sponsor of the event shall defend, indemnify, and
hold the County of Hawai‘i and its officers, agents, and employees
harmless from and harmless against any and all damages, claims,
actions, demands and proceedings for property damage, personal injury,
or wrongful death arising out of, resulting from, or connected with the
activities or uses conducted at any Parks and Recreation facility.
Department sponsored activities will be Drug,Alcohol, Tobacco and Litter
Free.
N.“Director” shall mean the Director of the Department of Parks and
Recreation, County of Hawai‘i.
O.“Equestrian Center” shall mean any County-operated facility primarily
utilized for equine activities.
P.“Equipment” shall mean any electrical or mechanical device or system,
recreational furniture, athletic equipment, vehicles, and construction and
maintenance equipment under the custodianship of the Department.
Q.“Exclusive” shall mean the use of a facility orspace by an organization,
group or individual on a reservation, permit or agreement basis in non-
benefit and financial benefit categories, which results in the non-
availability of that facility or space to others.
R.“Financial Benefit” shall mean functions, activities, and uses of County
facilities or property for the financial gain of the sponsor or vendor and
shall include events at which entry is limited to admission paying
customers or at which the sponsor or vendor uses such facilities or
property for the sale of real property, goods, products, services, or space
at the facility.
S.“Function” shall mean any activity such as a social gathering,
performance, meeting, tournament or event conducted over three (3) or
more consecutive days including closure for preparation or cleanup
included as day of use.
T.“Government Sponsored” shall mean activities conducted by Federal,
State, or County agencies. See Section 4A.
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U.“Gymnasium” shall mean any County-operated facility utilized for indoor
athletic activities such as basketball, volleyball, and badminton.
V.“Kailua Park Runway North” shall mean the park runway and beach areas
north of the entrance gate located adjacent to the park’s canoe sheds.
W. “Kailua Park Runway South” shall mean the park runway and beach areas
south of the entrance gate located adjacent to the park’s canoe sheds.
X.“League” shall mean a group of teams formed to play one another on a
regular basis for a limited period of time as determined by facility staff.
Y.“Meeting” shall mean the gathering of members of any community or
social organization, convened for the purpose of conducting business
normally associated with that organization.
Z.“Non-Benefit” shall mean functions, activities and uses limited tomembers
and invited guests of the sponsoring group or individuals. There will be no
admission charges or donations solicited for entry and no sales (except for
concession operations) of real property, goods, products, services, or
space at the facility. “Non-Benefit” includes parties, socials, political
gatherings, and product displays and demonstrations at which no
admission fee or donation is solicited.
AA.“Others” shall mean all individuals, clubs, churches and organizations
other than the County ofHawai‘i and professional promoters.
BB.“Park” shall mean County-operated recreational areas with or without
structures not otherwise defined in this section.
CC.“Person or Organization” shall mean and include individuals, associations,
clubs, joint ventures, trusts, partnerships, corporations, nonprofit or
otherwise, and any group of persons organized for a specific purpose.
DD.“Picnic Pavilion” shall mean any County-operated facility, generally an
open structure, utilized for picnicking and related activities.
EE.“Playground” shall mean any County-operated open area with or without
play equipment.
FF.“Professional Promoters” shall mean entities such as individuals,
associations, clubs, joint ventures, trusts, partnerships, and corporations:
(1) who operate businesses directed at promoting, conducting, or
sponsoring activities or events for fees, and (2) who realize financial
benefits from the promotion, conduct, or sponsorship of such activities,
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and (3) where such financial benefits are sources of personal or business
revenue, and (4) where such monies realized are or may be used
substantially for personal purposes as opposed to public or charitable
purposes.
GG.“Sale” shall mean the selling of products or services for immediate
consumption or use or for future delivery. “Sale” includes activities such as
bazaars, plant sales, rummage sales, specialty food sales, and car
washes.
HH.“Security Deposit” shall mean any monetary or other assessment
imposed to ensure the proper maintenance and care of the County facility.
II. “Security Guards” shall meanemployees of agencies licensed by the
Board of Private Detectives and Guards, Department of Commerce and
Consumer Affairs, State of Hawai‘i, who are directly assigned to perform
security guard functions.
JJ.“Sponsor” shall mean any person or organization conducting and
assuming responsibility and liability for an activity.
KK.“Student” shall mean any individual who is between the ages of six (6) and
seventeen (17), inclusive.
LL.“Summer Fun” shall mean the recreation/enrichment program conducted
by the Department during the summer recess for school age children.
MM.“Tea House” shall mean the Japanese TeaCeremony House located in
Lili‘uokalani Park.
NN.“Team practice” shall mean scheduled practice sessions conducted by
teams in organized leagues.
OO.“Tennis Court” shall mean any County-operated facility primarily equipped
and utilized for the playing of tennis.
PP.“User Fee” shall mean financial or other forms of contribution or payment
assessed in return for the use of County facilities, services or instructional
classes.
QQ.“Vendor” shall mean and include all persons and organizations permitted
or invited by a sponsor to sell goods, products, or services at afunction or
activity conducted or supported by the sponsor at facilities or property of
the County of Hawai‘i.
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RR.“Zoo” shall mean any County-operated facility utilized specifically for the
purpose of the care and exhibition of flora and fauna.
Section 4Special Provisions
A.Government (County, State, Federal) sponsored activities of Free Public
or Non-Benefit nature shall be exempt from user fees. Security deposit
and attendant fees may be assessedat the Director’s discretion.
B.Student teams participating in department sponsored leagues shall be
exempt from user fees but shall not be exempt from insurance or security
deposit requirements. Duration of exempt period shall be determined by
the Department.
C. The security deposit assessed for the use of a County facility shall be
refundable, unless it is otherwise stipulated by agreement, without
interest, when the facility is restored to its pre-use condition. The security
deposit shall be paid when the signed application for use form is submitted
for special events, and tournaments. Failure on the part of the user to
restore the faculty to its pre-use condition before departing from the facility
(unless otherwise permitted by the Department) shall resultin forfeiture of
the deposit. The Department may seek additional damages when the cost
of repair or litterremoval exceeds the deposit. The deposit shall be
forfeited if notice of cancellation is received by the Department less than
one(1)week before the activity date.
D.No person or organization shall be permitted to sponsor functions or
activities or be a vendor at any one County park or facility for financial
benefit for more than one period consisting of a day or consecutive days
per quarter for each calendar year.
A community center may be used to sponsor events for financial benefit
on a weekly basis where:
1.All financial gain accruing to the sponsor shall be used by the
sponsor to pay the operating expenses of the community center,
and
2.Such a plan for weekly events for financial benefit has been
specifically contracted for with the Department as part of a long
term cooperative use agreement.
E.All sponsors who invite or permit vendors to conduct sales of goods,
products, or services at activities, events, or functions conducted by the
sponsor must collect all applicable vendor and/or concession fees and
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process permit applications from any vendor required toreceive from the
Director, a permit to sell goods, products, or services at the activity, event
or function conducted by the sponsor.
F. Vendors who will sell goods, products, or services at any event, function,
or activity conducted at a County park facility shall comply with the
following conditions:
1. At least one(1)week prior to the start of such event, function, or
activity, such vendor shall present to the satisfaction of the Director,
evidence of compliance with the provisions of the “General Excise
Tax Laws of the State of Hawai‘i.
2. Each vendor shall be in possession of the permit at all times when
such sales are being conducted. Failure to immediately produce
such a permit upon request of the Director or the Director’s
designated representative shall be cause for the immediate ejection
of the vendor from the facility or property and any vendor’s fee shall
be forfeited.
3. A concession fee shall be charged all lessees that allow an outside
vendor to operate at the facility’s designated concession area. The
lessee shall not receive a credit or other discount due to no-shows
or vendors that do notparticipate in the lessee’s event.
G.Failure of any person or organization to comply with all applicable rules
and regulations contained herein or other applicable rules and regulations
of the Department shall be cause for theDirector to refuse the use of
County facilities and properties to such person or organization, whether as
a sponsor or vendor, for a period of one (1) year beyond the date of
noncompliance.
H.Security protection may be required by the Director,for large functions,
special events and tournaments by the hiring of either Special Duty
Hawai‘iCounty Police Officers or licensed security guards. The renter
shall submit written evidence confirming the hiring of the required number
of security personnel fourteen (14) days prior to the scheduled activity.
The minimum number of security personnel required for any activity shall
be determined by the Director or the Director’sduly designated
department representative.
I.The Director or the Director’s duly designated representative shall require
professional promotersto show evidence of liability,property damageand
medicalinsurance in accordance with specifications set
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forth in Section 6of these rules. Amount of liability insurance required will
depend on the type of event scheduled and subject to interpretation
and application of the Director orthe Director’s dulydesignated
representative.
J.Professional promoters must provide proof of a business license and
Hawai‘i general excise tax number.
K.All lessees of Department facilities are responsible for ensuring their use
complies with the current Americans with Disabilities Act.
Section 5Rules Relating to Use of the Skeet and Trap Range
A.Attendants employed by the Department of Parks and Recreation or by
the Lessee shall be on duty to open and secure facilities and to ensure the
enforcement of rules and regulations.
B.The skeet and trap machine and related equipment shall be made
available for public use. The loading and operation of such machines and
equipment shall be the responsibility of the assigned attendant or other
assigned individuals who have been cleared for operational efficiency by
the attendant.
C.All shotguns, clay birds, and other paraphernalia used in the sport of skeet
shooting or trapshooting shall be supplied by each individual utilizing the
facilities.
D.Maximum size of shot allowed shall be No. 6 and minimum size shall be
optional, except in competition wherein various tournament rules shall
apply.
E.Persons not authorized by attendant shall not be permitted to enter any of
the skeet and trap houses. All loaders of skeet and trap machines shall be
cleared for operational efficiency by the skeet attendant.
F.Children under the age of eighteen (18)shall not be permitted to shoot
unless cleared for competency to handle weapons by the attendant.
Verification of an individual’s age shall be required by the attendant
whenever an individual’s true age is in question. All children under the age
of eighteen (18)shall be underthe strict supervision of a parent, guardian,
or a responsible adult.
G.Individuals violating any rules contained herein shall forfeit all rights and
privileges with respect to the use of the range facilities for that period of
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time as shall be determined by the Director or the Director’s duly
designated representative. Appeals regarding the decision of the Director
shall be submitted in writing to the Director within ten (10) days following
notification of forfeiture.
Section 6InsuranceRegulations
A. LESSEE shall be required to file with the COUNTY OF HAWAI‘I, upon
filing anapplication for use of a Department of Parks and Recreation
facility, a copy of a policy of public liability,property damage and medical
insurance. Lessee’s policy shall be primary to any other insurance
covering County of Hawai‘i property. Lessee shall provide the Department
of Parks and Recreation with written notice of any policy change at least
thirty (30) days before the change takes effect and also directits
insurance carrier to provide the Department of Parks and Recreation with
written notice of any policy change. The following are those forms of
usage which will require coverage:
1. Carnivals and Fairs with rides; automobile, motorcycle or other
motor driven vehicle races:
One million dollars ($1,000,000) liability each occurrence,
twenty thousand dollars($20,000) property damage and five
thousand dollars ($5,000) medical coverage
2.Concerts, Festivals, Ho‘olaule‘a, fairs without rides, BMX races:
Three hundred thousand dollars ($300,000) liability each
occurrence, twenty thousand dollars ($20,000) property
damage and five thousand dollars ($5,000) medical
coverage
3. If alcoholic beverages are served during any event open to the
public;
One million dollars ($1,000,000) liability each occurrence,
twenty thousand dollars ($20,000) property damage and five
thousand dollars ($5,000) medical coverage
B. The County of Hawai‘i must be named as an additional insured.
1. Maximum of fiftydollars ($50) deductible per claim clause
permitted.
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2.Provides coverage for “all operations of the insured conducted on
County property” and contains a description of the work performed by
the insured. (This may require policies covering premises occupied,
products sold, amusement liability, or automobiles used.)
3. Said policy shall contain a cancellation clause reading in substance
as the following approved form: “It is agreed that this policy shall
not be cancelled nor the amounts of coverage provided herein
reduced until thirty (30) days after the Department of Parks and
Recreation shall have received written notice of such cancellation
or reduction.”
4.No policy shall be acceptable unless first approved by the
Director or theDirector’sduly designated representative.
C.All policies, certificates, and endorsements shall be sent to: the
Department of Parks and Recreation, County of Hawai‘i, 101 Pauahi
Street, Suite 6, Hilo, Hawai‘i, 96720 Attention: Director.
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Section 7User Fees
A.User Fee Schedule
FACILITYUSERCATEGORIESANDFEESSECURITYAFTER
DEPOSITHOUR CHARGE
Non-benefitFinancial Benefit
AthleticNon-Professional Other
ActivityAthleticPromoter(Athletic
ActivityActivity)
GymnasiumN/C$100/day$1,000/day$50/dayProfessional $6/hour
$15/team/sPromoters:
eason $1,000/day
$200/dayAll Others:
non-$200/day
athletic
BallfieldN/C$100/day$400/day$50/dayProfessional $6/hour
$15/team/sPromoters:
$12/hour $12/houreason $600/day
additional additional $200/day All Others:
lighting lighting feenon-$200/day
fee (if (if used)athletic
used)
ParkN/C$100/day$400/day$50/dayProfessional N/A
$100/Promoters:
season $600/day
$200/day All Others:
non-$200/day
athletic
Rodeo N/C$20/day$400/day$50/dayProfessional $6/hour
ArenaPromoters:
$600/day
All Others:
$200/day
CommunityN/C$100/day$1,000/day$150/dayProfessional $6/hour
CenterPromoters:
$1,000/day
All Others:
$200/day
Bayfront N/C$50/day$400/day$100/dayProfessional N/A
Parking Lot Promoters:
1&2 Bayfront$1,000/day
Canoe AreaAll Others:
$200/day
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FACILITYNon-benefitBenefitProfessional SECURITYAFTER
PromoterDEPOSITHOUR
CHARGE
Picnic Pavilion$25/day;$50/day;Professional
additional additional Promoters:N/A
kitchen fee (if kitchen fee (if $300/day$500/day
used) $25/dayused) $25/dayAll Others:
$50/day
Kailua Park Professional
Special Events $250/day$400/day$1,000/dayPromoters:
Pavilion$1,000/dayN/A
All Others:
$500/day
Kailua Park
Runway South$100/day $250/dayN/A
$500/day$1,000/day
Kailua Park
Runway North$200/day $500/dayN/A
$250/day$500/day
Mo‘oheau Professional
Bandstand and
Promoters
Concession $100/day$200/day$400/day N/A
$400/day
Area
All Others:
$200/day
Coconut Island$100/day$200/day$400/dayProfessional
Promoters:N/A
$600/day
Panaewa
RainforestZoo $50/day$100/dayN/A $50/dayN/A
Large Pavilion
Panaewa
RainforestZoo $25/day$50/dayN/A $25/dayN/A
Small Pavilion
Skeet RangeN/C$50/day; $100/day$400Lights: $50/hr.
*$25/day when $25/day for Att. Fee: $25/hr.
closedschools and
eleemosynary
organizations
*$25/day when
closed
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B.Vendors’ Fee Schedule
1. Concession area fee $25/day
2. Vendor fee $30/day
C. County Band Fee Schedule
Sponsor Categories for Band
Financial Benefit *1
Public
Performance Non-benefit$100 aOthersMeals *2
N/CprohibitedPerformanceProhibited Cost of meals
*1 open to public only*2 see Section 7D (3) (4)
D.Special Rules and Exceptions Applicable to General Fee Schedule
1. The facility rented,shall be restored to its pre-use condition
immediately following the rental or use period. The permittee shall
remove and dispose of all foliage and other refuse resulting from
use. Failure to do so may result in the forfeiture of security deposit
posted by permittee.The permittee may be additionally charged for
any costs incurred by the County in restoring or repairing the
County property to its pre-use condition.
2.Business meetings of community associations and government
sponsored activities which are open to the general public shall be
exempted from payment of Non-Benefit fees at all community
centers and picnic pavilions.
3.A sponsor shall be responsible for the cost of meals for band
members who must travel or perform during regular meal hours.
4.County Band: If materials such as ribbons, buttons, hats, etc, are
required to attend an event, it shall be the responsibility of the
sponsor to provide such materials free of charge to the Band.
E.Camping Fee Schedule
1. Hawai‘iResidents
a)Adults (18 years of age and older) –five dollars ($5)per
night.
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b)Juniors (13 years to 17 years)–two dollars ($2)per night.
c)Children (12 years and under) –one dollar ($1)per night.
2. Non-Hawai‘i resident(all ages) –twenty dollars ($20)per night.
3. If camping permits are obtained online or at a Parks and
Recreation office, a processing fee assessed by the online service
providershallbe added to the camping fee schedule.
Other regulationsregarding camping are addressedin the Hawai‘i
County Code,Article 4, Section 15.
F. Cemetery Fee Schedule
1.Two hundred fifty dollars ($250)per plot purchase (does not apply to
Veterans cemeteries.)
G.Outdoor Tennis Courts
Per HourPer DaySecurity
Rent Rent Deposit
1. Non-exclusive-individual playN/AN/AN/A
2. Exclusive use -non-benefit $5/court $50/court $75
per hour per day
Note: (a) Reservations shall be accepted only for non-profit-making tennis
tournaments which are open to the general public,
interscholastic tennis matches, school and County of Hawai‘i
sponsored instructional sessions approved by the Department
of Parks and Recreation.The Department reserves the right to
limit the number of courts for which reservations will be
permitted.
(b)Except for State of Hawai‘iand County-sponsored instructional
classes, the outdoor courts shall not be used to conduct tennis
lessons for which a fee or donation is paid in exchange for the
lesson.
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H.Standard Classes Fee Schedule
1. One hour class session –five dollars ($5)per session or adequate
to recover cost of instructor, supplies, equipment and faculty use.
2. Two hour class session –ten dollars ($10)per session or adequate
to recover cost of instructor, supplies, equipment and facility use.
3. Special classes orworkshops conducted by “Masters of the Arts,”
or specific field of study will be offered at the cost of instructor’s fee,
plus equipment, supplies, number of participants and facility use
fee.
Section 8Severability Clause
If any provision of theserules, or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the rules which can be given effect without
the invalid provision or application, and to this end, the provisions of these
rules are declared to be severable.
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CERTIFICATION
I, Clayton S. Honma, Director of the Department of Parks and Recreation of the County
of Hawaii, State of Hawaii, do hereby certify:
1. That the foregoing is a full, true and correct copy of the amendments to the Rules
and Regulations of the Department of Parks and Recreation on matters relating
to User Fees which were adopted on December 31, 2013, after public hearings
were held in Hilo and Kona on December 13, 2013.
2. That notice of the public hearings on the foregoing rule, which included a
statement of the substance of the proposed rule, was published in both the
Hawaii Tribune -Herald and the West Hawaii Today on November 10, 2013.
Dated this 3rd day of Januar_ 2014.
CLAYTON,V. HONMA, Director
Department of Parks and Recreation
County of Hawaii
APPROVED:
WILLIAM P. KENOI
Mayor
County of Hawaii
APPROVED S TO F RM AND LEGALITY:
Deputy Corp ation Counsel
County of Hawaii
I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk
this 3nth day of .ianuary— 2014.
C
Cour y Clerk
County of Hawaii
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