HomeMy WebLinkAboutRule 10 - Rules Relating To Richardson Ocean Park
RULES AND REGULATIONSOF THE
DEPARTMENT OF PARKS & RECREATION
OF THE COUNTY OF HAWAI‘I
RULE 10
RULES RELATING TO
RICHARDSON OCEAN PARK
EFFECTIVE DATE: February 9, 2014
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TABLE OF CONTENTS
Section 1 Purpose for Rules3
Section 2 Authority3
Section 3 Definitions3
Section 4Rulesand Regulatons4
Section 5Severability Clause7
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RULES AND REGULATIONS OF THE
DEPARTMENT OF PARKS AND RECREATION
OF THE COUNTY OF HAWAI‘I
RULE 10 -RULES RELATING TO RICHARDSON OCEAN PARK
Section 1Purpose for Rules
RichardsonOcean Park,situated on a 4.567-acre parcel and designated under
Tax Map Key 2-1-19:10, was purchased by the County of Hawai‘i in 1972 as part
of the County'sWai‘olena Beach Park's scheme.The site was purchased with
matching funds from the Federal Government's Land and Water Conservation
Fund Act (hereinafter referred to as LWCFA).Because of itsfunding, rules and
regulations relating to the use of the facility and its surrounding park must comply
withterms covered in the Federal grant.Rules must recognize that persons with
disabilities will utilize the facilities in accordance with the Americans with
Disabilities Act (ADA). Failure on the part of the County to comply will result in
the termination of the grant agreement and the forfeiture of Federal matching
funds.Therefore, all rules and regulations governing the use and development of
the subject site must be consistent with outdoor recreational activity, whether
passive or active.
Section 2Authority
The County of Hawai‘i, through its Department of Parks and Recreation, is the
sole authority in the promulgation of the rules and regulations.Enforcement of
the rules and regulations will be by the appropriate governmental authority.
Section 3Definitions
As used in these rules, except in a context that clearly indicates a contrary
meaning:
A."Concessionaire" shall mean the individual, partnership, corporation,
association, trust, organization, or any entity comprised of individuals,
which has bid for and won a concession at the park.
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B."Concessions" shall mean the sale of goods, products or services from
the park or buildings therein.
C."Department" shall mean the Department of Parks and Recreation,
Countyof Hawai‘i.
D."Director" shall mean the Director of the Department of Parks and
Recreation, County of Hawai‘i.
E. “Exhibit" shall mean a display, presentation or show for public
entertainment or information.
F. "Meetings" shall mean agathering of individuals for the purpose of
disseminating information or discussing matters of mutual concern.
G."Person with Disabilities" shall mean, with respect to an individual, a
physical or mental impairment which substantially limits one or more major
life activities of such individual, a record of such an impairment nor being
regarded as having such an impairment.
H.“Service Animal” shallbe defined by the current Americans with
Disabilities Act, Title II and Title III rules.
I.“Social Entertainment” shall mean parties, concerts, luaus, steak frys, etc.
J."Special Use" shall mean a use other than that associated with the use of
a beach park.
Section 4Rules and Regulations
A.The site is part of a beach parks system and is open to the public for
those uses, including, but not limited to, picnicking, swimming, and
sunbathing, which are consistent with regular beach park usage under the
County's jurisdiction.
B.Requests for special uses, such as those relating to education, research
and the like, will first be reviewed by both the County and the designated
Federal authority responsible for the LWCFA before permission for the
request is permitted or denied.
C.Because the site was purchased with matching Federal funds, no religious
services or anyactivity with religious overtones will be permitted at the
site.
D.Programs interpreting the flora and fauna of the area, hereinafter referred
to as interpretive programs, will be allowed as aspecial use; however,
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each such program will be subject to review by theDirector after three (3)
months and shall be terminated after one (1) year unless extended by the
Director.
E.No concession operation will be permitted at the site without the
concessionaire being awarded the operation through a contract with the
County following regular bidding procedures conducted for that operation
by theCounty's Department of Finance.
F.Use of Building(s):
1.Meetings -meetings, upon proper application with and approval of
the Department of Parks and Recreation, will be permitted provided
there are no conflicts with ongoing special uses as defined above.
2.Classes -interpretive (as defined in Section 4 D) classes will be
permitted with the approval of the Director or the Director's duly
designated representative only when the subject matter relates to
the site and/or its recreational potential.
3.Exhibits -exhibits, including, but not limited to, aquariums, charts,
maps, pictures, slides, specimens, and other such items will be
permitted only when the material to be displayedis interpretive of
the site and approved by the Directoror the Director’s duly
designatedrepresentative.They shall be subject to limitations as
listed in Section D above.
4.Programs -use of the facility for programs, interpretive or
otherwise, may be permitted upon proper application and approval
of the Department of Parks and Recreation.
5.Social Entertainment -no gatherings for social entertainment,
whether the applicant is a private individual or organization,
eleemosynary organization or government entity, will be permitted
in any of the buildings.Light refreshments, excluding any and all
alcoholic beverages, will be permitted after meetings.
6. No organization other than the Department of Parks and
Recreation will maintain an office at Richardson Ocean Park.
7. Groups, organizations and all otherusers ofthe facility are
responsible for ensuring their use complies with the current
Americans with Disabilities Act.
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G.Use of Ponds
1.Fish Production -for the interpretive programs, the raisingof fish or
other forms of marine life will be permitted.None will be harvested
for consumption or sale, but will be released into the nearby ocean
when deemed necessary by the Department of Parks and
Recreation.The Department of Parks and Recreation will be
responsible for monitoring this activity.
2.Other Activities -no other activity, unless actually connected with
the interpretive programs, will be permitted.This will include
swimming, diving, snorkeling, boating and the like.
H.Special Rules:
1.A committee representing user groups of the Park maybe
organized toact in an advisory capacity to the Department of Parks
and Recreation.The committee will not exceed nine (9) members.
One person will represent each user group,and copies of all
minutes of meetings held by the committee will be forwarded to the
Director of the Department of Parks and Recreation.
2.Unless amended herein, all other Department of Parks and
Recreation rules as applicable will apply to the Park.
3.Except as otherwise provided by law, no animals except service
animals shall be permitted in or on any park facility or ground.
Notwithstanding any other penalties permitted by law, all damages
caused by service animals shall be paid for by the owner or
custodian of the service animal.
I.Indemnification:
The applicant/permittee/user/etc. agrees to indemnify, defend, protect,
and save harmless the County of Hawai‘i, its officers, agents, and
employees (hereinafter referred to collectively as "County"), from and
against all liability, cost, orexpense resulting from any losses, damages,
suits, claims, demands, costs, and like charges, including attorney's fees,
which the "County" may directly or indirectly suffer, sustain, or be subject
to, by reason or on account of the construction, condition, presence, use,
maintenance, repair, alteration, or removal of any building, fixture, or other
material appurtenant to the Richardson Ocean Park, whether attributable
to the sole and active negligence or fault of the Grantor.
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Section 5Severability Clause
If any provision of these rules, 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 Richardson Ocean Park 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 _January 2014.
APPROVED:
WILLIAM P. KENOI
Mayor
County of Hawaii
APPROVED A O F M ND LEGALITY:
Deputy Corpor 'on Counsel
County of Hawaii
04fl -_- -
CLAYTON q. HONMA, Director
Department of Parks and Recreation
County of Hawaii
I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk
this 30th day of January 2014.
Codiqry Clerk
County of Hawaii
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