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HomeMy WebLinkAboutRule 16 - Rules Relating To Mauna Kea Recreation Area RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAII RULE 16 RULES RELATING TO MAUNA KEA RECREATION AREA EFFECTIVE DATE: DECEMBER 5, 2016 TABLE OF CONTENTS Section 1 Applicability and Scope 1 Section 2 Definitions 1 Section 3 Park Public Access and Use 3 Section 4 Lodging Special Provisions 5 A. Lodging Permit Required for Overnight Use 5 B. Maximum Length of Stay 7 C. Check-ln, Check-Out Times 8 D. Lodging Fee Schedule, Payments, Refunds 8 E. Special Conditions 9 F. Capacity Limits 11 Section 5 Nighttime Stargazing Area and Provisions 11 Section 6 Prohibitions 12 Section 7 Operation and Parking of Vehicles 13 Section 8 Director's Authority to Modify Rules on Interim Basis 14 Section 9 Severability Clause 14 RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAII RULE 16 — RULES RELATING TO MAUNA KEA RECREATION AREA Section 1 Applicability and Scope Mauna Kea Recreation Area, situated on approximately 31.88 acres and designated under Tax Map Key (3) 4-4-016:003 por. at Ka'ohe IV Hamakua, was placed under County of Hawaii operational control effective July 1, 2014. The park contains, more or less: seven (7) cabins, two of which are accessible to persons with disabilities; two (2), four-unit bunkhouses; a dining/recreation hall; maintenance yard; administrative building; caretaker's facilities; storage building; two (2) comfort stations; children's playground; picnic areas; nature trail; paved parking areas; and other improvements. Section 2 Definitions As used in these rules, except as otherwise required by the context: A. "Adult" shall mean any individual eighteen (18) years of age or older who is competent to enter into a contractual agreement. B. "Alcoholic Beverage" shall mean beer, wine, liquor, spirits, and any other liquid substance capable of producing an intoxicating effect. C. "Bunkhouse" shall mean a building that is comprised of multiple, separately accessible lodging units and is capable of accommodating up to twenty-four (24) people from a single group for overnight use with a valid lodging permit or permits. D. "Cabin" shall mean a stand-alone building equipped with a kitchenette that can accommodate up to six (6) people for overnight use with a valid lodging permit or permits. E. "County" shall mean the County of Hawai'i. F. "County Sponsored" shall mean any activity conducted by the Department of Parks and Recreation or another 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. G. "Department" shall mean the Department of Parks and Recreation, County of Hawaii. H. "Department Sponsored" shall mean all functions, activities, or events sponsored or co-sponsored by the Department and a person or an organization. 1. "Dining/Recreation Hall" shall mean the building designed for food preparation, and eating purposes and reserved for exclusive use by groups who have been issued a valid lodging permit for overnight use of a bunkhouse or bunkhouses. J. "Director" shall mean the Director of Parks and Recreation, County of Hawaii. K. "Director's Duly Designated Representative" shall mean any person legally or otherwise properly designated to act for the Director. t . "Exclusive" shall mean the use of a facility or space by a group or individual on a reservation, permit or agreement basis that results in the non-availability of that facility or space to others. M. "Firearms and Explosives" shall be defined by the current Hawaii County Code Chapter 14, Article 2, and Chapter 15, Article 2 as amended and include, but not be limited to, any bow or arrow, crossbow, rifle, pistol, pellet or BB gun, paintball gun, slingshot, guns, and other implement designed to discharge projectiles or an obnoxious substance. N. "Fireworks" shall be defined by the Hawaii County Code Chapter 14, Article 15, as amended and include, but not be limited to, firecrackers, aerials, fountains, sparklers, and other forms of pyrotechnics customarily used for celebrations. 0. "Group" shall mean seven (7) or more people who belong to the same organization, association, club, joint venture, trust, partnership, corporation, nonprofit or otherwise, organized for a specific purpose. For the purposes of this rule, a group's members shall not all belong to the same family or be related through blood or marriage. P. "Hawaii Resident" shall mean a person residing in the State of Hawaii. A valid State-issued driver's license or identification card shall serve as the only accepted form of proof of Hawaii residency. 1 Q. "Lodging Permit" shall mean the Director's authorization for a designated person, persons or group to remain overnight in a designated park cabin or bunkhouse for a specified period of time. R. "Overnight Use" shall mean the act of remaining in the park between the hours of 7:00 p.m. and 6:00 a.m. S. "Park" shall mean the approximately 31.88 acres designated under Tax Map Key: (3) 44-O16:003 por. at Ka`ohe IV Hamakua and called Mauna Kea Recreation Area. T. "Permittee" shall mean the person(s) to whom the Department has issued a lodging permit. U. "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 or being regarded as having such an impairment. V. "Playground" shall mean any County-operated open area with play equipment designed for children younger than thirteen (13) years old. W. "Security Deposit" shall mean any refundable monetary or other assessment imposed to ensure the proper maintenance and care, occupancy, and use of the park or any portion thereof or facility thereat. X. "Security Guards" shall mean employees of agencies licensed by the Board of Private Detectives and Guards, Department of Commerce and Consumer Affairs, State of Hawaii, who are directly assigned to patrol, enforce park rules, and protect people and/or property. Y. "Service Animal" shall be defined by the current Americans with Disabilities Act, Title H and Title III rules. Section 3 Park Public Access and Use A. All park users shall read and comply with posted signs at all times. B. Normal park hours will be 6:00 a.m. to 7:00 p.m. daily during which time the public may access the entire park, excluding the following: 1. Areas that are fenced, gated or locked, and where signs are posted or barricades erected to prevent access for the safety of the public or to preserve the integrity of ongoing operations of the Department shall be off-limits at all times. 3 2. The Department's maintenance yard, caretaker's facilities, storage budding, and facilities (or a portion thereof) housing utility controls, which shall be off-limits at all times. 3. Public access to restroom facilities, vending facilities, and parking stalls, designated by signs for after-hours use, shall be allowed at all times unless otherwise closed under Section 3 8 (1) of these Rules and Regulations. 4. Persons utilizing portions of the park in conjunction with authorized limited timeframe nighttime activities shall be allowed to access portions of the parking lots noted in Section 5 A of this Rule. C. Overnight use shall require a valid lodging permit or written authorization from the Director or the Director's duly designated representative. 1. Lodging permit must be displayed in the manner designated by the Department and made available for inspection by the Director, the Director's duly designated representative, Department personnel or designated security guards upon request. 2. Only permittees shall be allowed after-hours access to his or her assigned cabin or bunkhouse (includes dining/recreation hall) and immediately adjacent areas. 3. Permittees shall turn off all interior lighting and eliminate unnecessary noise audible from outside his or her designated cabin or bunkhouse by 11:00 p.m. 4. Only valid bunkhouse permittees shall be allowed use of the dining/recreation hall and only during the hours of 5:00 a.m. to 10:00 p.m. 5. Permittees shall be present at the park and occupy the cabin or bunkhouse during overnight use. Failure to do so shall result in forfeiture of the security deposit and may result in loss of park privileges for a period of time to be determined by the Director. 6. All adults staying in cabins or bunkhouses shall have their personal identification in their possession during all overnight hours and shall produce such identification to park security, the Director or the Director's duly designated representative upon request for the purpose of verifying permitted users. Any person unable to produce such identification shall immediately leave the park. 4 D. The park, in its entirety or any portion(s) thereof, may also be closed when: 1. The park or its facilities sustain damage; or 2. Scheduled or unscheduled repair or maintenance is necessary; or 3. There is a natural or civil disaster, including but not limited to tsunamis, floods, earthquakes, storms, fires, riots, demonstrations, employee strikes, occurring or is threatened to occur; or 4. Determined necessary by the Director for any other reason. E. All County-sponsored and Department-sponsored events, activities and gatherings shall be drug, alcohol, tobacco, and litter free. F. The co-sponsor of any event, activity or gathering held at the park shall defend, indemnify, and hold the County of Hawaii 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 Department facility. Section 4 Lodging Special Provisions A. Lodging Permit Required for Overnight Use 1. All persons and/or groups desiring to use a cabin or bunkhouse for overnight use shall first obtain a lodging permit authorizing that specific use. 2. Only adults at least eighteen (18) years old may obtain a lodging permit for themselves along with non-adults intended to be under their charge during their use of the park. Applicants shall furnish a valid driver's license, State-issued identification, passport, or acceptable identification as proof of the applicant's age. 3. Lodging permits may be purchased, on a first-come, first-served basis, up to six (6) months in advance of the first occupancy use date. Where use is intended to be for more than one consecutive night, a permit covering up to the maximum number of allowable nights may be issued in conjunction with the first night of availability. 5 4. Lodging permits must be obtained at least forty-eight (48) hours before the first occupancy use date check-in time. 5. Lodging permits may be purchased at http:/fhawaiicounty©ehawaii.gov, or during normal operating hours at designated Department offices. 6. Lodging permits secured online through the Department's website may be purchased using a credit card, debit card, electronic check, and other forms of payment the Department's online provider chooses to accept. Lodging permits secured at designated Department offices may be purchased via cash, credit card, money order and/or personal check. However, personal checks will only be accepted if submitted a minimum of thirty (30) calendar days prior to the first occupancy use date. 7. Applicants for lodging permits shall provide their name, address, telephone numbers, and identification numbers, and the names of all persons three (3) years of age or older covered by the permit, and identification satisfactory to the Director or the Director's duly designated representative, if requested. 8. Each permit shall reserve the use of the specific cabin(s) or bunkhouse(s) facility named in the permit for a specified date or dates. 9. Only groups shall be allowed overnight use of a bunkhouse 10. Holders of a valid bunkhouse lodging permit shall have exclusive use of the dining/recreation hall. 11. When a valid lodging permit is issued for one (1) bunkhouse, the other bunkhouse shall be unavailable to other groups for overnight use for the period covered by the lodging permit. 12. Bunkhouse use shall be limited to the minimum number of units needed to accommodate a group's members who have valid lodging permits. Unused bunkhouse units shall be off limits to all park patrons and not available for overnight or other uses. 13. Holders of a valid cabin lodging permit shall, for the duration of their lodging permit, have exclusive use of the two (2) parking stalls associated with the respective cabin they have been assigned. A valid cabin lodging permit authorizes the parking of a maximum of two (2) vehicles at the park during non-park hours. 6 14. Holders of a valid bunkhouse Lodging permit shall, for the duration of their lodging permit, have exclusive use of the parking lot adjacent to and south of the dining/recreation hall and shall be limited in the number of vehicles that may be parked there to the available four (4) accessible and twenty-three (23) standard parking stalls. 15. Special accommodations for parking of large vans, buses, and other non-standard vehicles associated with a valid lodging permit shall be coordinated with and approved by the Director in advance. B. Maximum Length of Stay 1. The maximum stay at any one or more cabins shall be seven (7) consecutive nights and not to exceed fourteen (14) nights during the period of January 1 through December 31 of each year. The Director or the Director's duly designated representative may extend the duration of a lodging permit for good cause. Overnight use of a cabin does not count toward the maximum stay at a bunkhouse as the two uses are mutually exclusive. 2. The maximum stay at any one or more bunkhouses will be six (6) consecutive nights during the period of January 1 through December 31 of each year. The Director or the Director's duly designated representative may extend the lodging permit duration for good cause. Overnight use of a bunkhouse does not count toward the maximum stay at a cabin as the two uses are mutually exclusive. 3. After any overnight use of a cabin or bunkhouse, permittee and all persons listed on the lodging permit must wait at least thirty (30) calendar days before becoming eligible for another lodging permit. However, this provision shall not apply to 501(c)3 and 501(c)4 nonprofit, school or eleemosynary groups. At the request of the Director, nonprofits, school groups, and eleemosynary organizations shall provide valid written proof of their status that is satisfactory to the Director. 4. Each specific group may rent a bunkhouse no more than one (1) time during the period of January 1 through December 31 of each year. This provision shall apply to alt groups that rent a bunkhouse for fewer than the maximum six (6) consecutive nights. However, this provision shall not apply to the group's members, who may belong to other groups. The Director or the Director's duly 7 designated representative may extend the lodging permit duration for good cause. C. Check-in, Check-Out Times 1. Check-in time for holders of cabin or bunkhouse lodging permits shall be 3:00 p.m. to 8:00 p.m. daily. Keys may be obtained at the park in accordance with provided instructions. Permittees who fail to check in by the 8:00 p.m. deadline will forfeit all fees assessed for that night and use of the cabin or bunkhouse for that night. 2. Check-out time for holders of cabin or bunkhouse lodging permits shall be 9:00 a.m. Permittees shall leave all cabin, bunkhouse, and dining/recreation hall keys in the designed drop box located within the park. D. Lodging Fee Schedule, Payments, Refunds 1. Overnight use of a cabin (maximum six (6) occupants): a. Hawaii residents: seventy-five dollars ($75) per cabin per night b. Non-Hawaii residents: one hundred fifty dollars ($150) per cabin per night 2. Overnight use of a bunkhouse (maximum twenty-four (24) occupants from the same group). a. Hawaii residents: two hundred forty dollars ($240) per bunkhouse or portion thereof per night b. Non-Hawaii residents: four hundred eighty dollars ($480) per bunkhouse or portion thereof per night 3. A nonrefundable processing fee of ten dollars ($10) shall be added to the cost of all lodging permits obtained at a Department office. This fee shall not be applied to lodging permits obtained online at http://hawaiicounty©ehawaii.gov, 4. A refundable security deposit of two hundred fifty dollars ($250) for the overnight use of each cabin or bunkhouse shall be paid in full on the date the reservation for a lodging permit is made. 8 a. The Department may hold a security deposit for up to forty- five (45) calendar days after the check-out date listed on the lodging permit. b. Full refund of the security deposit shall be made provided that the permittee complies with all lodging permit conditions and with this rule. 1. Permittee's failure to clean any cabin, bunkhouse or dining/recreation/recreation hall her or she uses and it to its pre-use condition will result in forfeiture of the entire security deposit. 2. Failure to return all cabin and bunkhouse keys or check out by the deadline shall result in forfeiture of the entire security deposit. The Director has the authority to withhold the security deposit and levy additional charges as appropriate. 5. Payment of the total lodging cost, including security deposit, is required to confirm the reservation. The fee shall be paid in full and by an acceptable payment method on the date the reservation is made. 6. Refund requests must be made in writing and submitted to the Department a minimum of fourteen (14) calendar days prior to the first occupancy use date designated on the lodging permit. a. A processing fee equal to ten dollars ($10) for each day stated in each cabin lodging permit and twenty dollars ($20) each day stated in each bunkhouse lodging permit will be withheld from all lodging permit refunds. b. Permittees who request a refund thirteen (13) or fewer calendar days before the first occupancy use date on their lodging permit shall forfeit the entire lodging permit cost regardless of whether lodging is subsequently reserved for use by others. 7. Other regulations regarding camping are addressed in Hawaii County Code, Chapter 15, Article 4, Section 15-39 through 15-48. E. Special Conditions 1. Lodging permits shall not be transferred or sold. 9 2. The permittee shall occupy the cabin or bunkhouse each night stated in his or her lodging permit. Failure to do so shall result in forfeiture of the security deposit and may result in loss of park privileges for a period of time to be determined by the Director. 3. All adults named on a lodging permit shall possess a valid picture form of personal identification at all times while staying overnight at the park and shall provide that identification to park security, the Director or the Director's duly designated representative. Any person unable to produce such identification shall immediately leave the park. 4. The Department will not perform daily cleanings of cabins or bunkhouses rented for multiday use, 5. Overnight use of the two (2) cabins designed to accommodate patrons with disabilities shall be reserved for permittees meeting the definition of the current Americans with Disabilities Act, Title H and Title 111 Rules. However, both of these cabins shall be made available for general overnight use once all the other available cabins have been rented. 6. Permittees shall park only in the two (2) designated parking stalls provided for each cabin and bunkhouse. 7. Permittees shall supply their own cooking pots, pans, utensils, cups, linen, pillows, towels, sleeping mats, and other personal items for their and their companions' use during their overnight stay at the park. 6. Permittees shall be responsible cleaning the cabin(s) and, if used, the bunkhouse(s) and dining/recreation/recreation hall, and returning all to their pre-use condition. 9, Permittees shall be liable for the repair or replacement of any missing or damaged County property. 10. The Department shall not be responsible for any personal article left or lost by permittee. 11. If a permittee fails to properly notify the Department or fails to occupy the cabin on the first scheduled day of occupancy, his or her lodging permit shall be canceled and any deposit forfeited provided that if the permittee prepaid the entire rental fee, the 10 lodging permit will remain valid for the entire duration of the lodging permit period. F. Capacity Limits 1, No more than six (6) individuals, including children and infants, shall occupy or share a single cabin. 2. No more than twenty-four (24) individuals, including children and infants, shall be allowed to share the bunkhouse. AH overnight users of a bunkhouse must belong to the same group. Section 5 Nighttime Stargazing and Provisions In the interest of utilizing the park's high-altitude location and providing the public with opportunities to view the nighttime sky, the Department will allow regulated nighttime stargazing activities. The designated area for nighttime stargazing activity is dark and no outside lighting is provided. Participants should bring their own flashlights, stay on paved surfaces, walk with caution, and not interfere with others` stargazing activity. A. AM nighttime stargazing activity shall be limited to the main public parking lot located at the south-southwest corner of the park and adjourning walkways. B. Nighttime stargazing activity shall start no earlier than thirty (30) minutes after sunset and shall end no later than 10.00 p.m. C. Members of the general public may conduct nighttime stargazing activities in accordance with the above provisions. D. Authorized commercial tour operators and their clients may conduct nighttime stargazing activity in accordance with the following provisions: 1. AM commercial tour operators shall obtain written authorization from the Director or the Directors duly designated representative before conducting any nighttime stargazing activity. 2. All commercial tour operators shall provide proof of a valid commercial tour license issued by the Hawaii Public Utilities Commission and valid Hawaii general exercise tax license. 3. All commercial tour operators shall file with the Department, upon filing an application for nighttime stargazing activity, a copy of a policy of public liability, property damage, and medical insurance 11 indemnifying the County of Hawaii. Tour operator's policy shall be primary to any other insurance covering County of Hawaii property. Tour operators shall provide the Department of Parks and Recreation with written notice of any policy change at least thirty (30) calendar days before the change takes effect and also direct its insurance carrier to provide the Department of Parks and Recreation with written notice of any policy change. Insurance shall be in the following amounts: a. One million dollars ($1,000,000) liability each occurrence; b. One hundred thousand dollars ($100,000) property damage; c. And twenty-five thousand dollars ($25,000) medical coverage. 4. All commercial tour operators shall pay the Department the following nonrefundable fees to be assed each commercial vehicle: a. A ten dollar ($10) processing fee for each permit issued. b. Fifty dollars ($50) per month for each vehicle with a maximum capacity of fifteen (15) passengers, regardless of the number of stargazing trips made. c. One hundred dollars ($100) per month for each vehicle with a capacity of sixteen (16) to twenty-five (25) passengers, regardless of the number of stargazing trips made. d. One hundred fifty dollars ($150) per month for each vehicle with a capacity of more than twenty-five (25) passengers, regardless of the number of stargazing trips made. Section 6 Prohibitions A. The following are prohibited within the park: 1. Alcohol use 2. Smoking or the use of any tobacco products, or the use of electronic smoking devices. 3. Firearms and explosives 4. Open fires and the burning of any kind 12 5. Camping; overnight use is permitted only in designated cabins and bunkhouses and with a valid lodging permit 6. Sleeping in vehicles, including campers, vans, and traders 7. Operation or use of any portable electric generator 8. All dogs and other pets, except service animals 9. Fireworks 10. The operation or use of noise producing devices such as electric generating plants or other equipment driven by motors or engines in such a mariner and at such times so as to unreasonably annoy park patrons, 11. The use of video/audio devices including, but not limited to radios, televisions, personal computers, electronics, cell phones, tablets, etc. shall not be allowed outside normal park hours without the use of individual listening devices sucn as headphones or earbuds. However, at no time shall the use of such video/audio devices, including musical instruments, and extending to light generating devices, interfere with the opportunity for other park patrons to enjoy the natural sights and sounds of the park and surrounding areas. 12. Personal tents, tables, and chairs 13. Use of all-terrain vehicles (ATVs), off-road motorcycles, and other motorized vehicles not registered for use on public roadways. Section 7 Operation and Parking of Vehicles A. Vehicles shall only be operated on paved roads and driveways and be parked only within stalls designated or provided by the Director for such purpose. Parking in stalls designated as accessible shall be utilized in compliance with State law, Buses and large vans/trucks shall park in appropriately sized parking stalls intended for such use; parking over multiple standard parking stalls is not allowed. B. Parking of vehicles at the park shall be prohibited between the hours of 8:00 p.m, and 5:00 a.m., unless the person controlling such vehicle is authorized to be present at the park during such time by a valid lodging permit, as allowed by these rules, or other authorization issued by the Director. 13 C. Any person operating a vehicle within the park shall obey all traffic control devices, direction& roadway markings, and other signs or signals posted by the Director, Section 8 Director's Authority to Modify Rules on Interim Basis To improve park operations and management, the Director, at his or her sole discretion, may modify these rules on an interim basis not to exceed six (6) months or until formal amendment, as authorized under Department of Parks and Recreation Rule 1 Rules Relating to Administrative Procedure, occurs. Section 9 Severability 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. 14 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 Mauna Kea Recreation Area which were adopted on November 22, 2016, after a public hearing was held in Hilo on November 21, 2016. 2. That notice of the public hearing 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 October 22, 2016. Dated this 22nd day of November 2016. CLAYTON S. HONMA, Director Department of Parks and Recreation County of Hawaii APPROVED: WILLIAM P. KENOI Mayor County of Hawaii APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk this 25th day of November 2016. County Clerk County of Hawaii 15