210-1

Rules Amending Title 15

Hawaii Administrative Rules

(DATE TBD)

1. Chapter 210 of Title 15, Hawaii

Administrative Rules, entitled "Rules, Regulations,

TITLE 15

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

SUBTITLE 4

HAWAII COMMUNITY DEVELOPMENT AUTHORITY

§15-210-1 Purpose

§15-210-2 Definitions

§15-210-3 Severability

[§15-210-3] §15-210-4 Enforcement

[§§15-210-4] §§15-210-5 to 15-210-12 (Reserved)

§15-210-13 Park use

210-2

§15-210-16 Abandoned property

§§15-210-17 to 15-210-25 (Reserved)

§15-210-26 Advertisements

§15-210-27 Business operations

§15-210-32 Commercial use permit

cancellation, revocation, or

termination

§15-210-33 Indemnification and hold harmless

§§15-210-34 to 15-210-45 (Reserved)

§15-210-46 Permits

is to govern the use and protection of all parks under

the jurisdiction, management, and operation of the

Hawaii community development authority, providing

passive and active, cultural, educational and

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If any provision of these rules, regulations, charges,

and fees for parks or the application of such is held

to be invalid, the remaining portions of these rules

or the application of said portions shall not be

affected. [Eff 6/11/05; comp 5/25/07, am and

comp ] (Auth: HRS §206E-4) (Imp: HRS

§206E-4)

equipment, fixtures, motor vehicles, or vessels that

have been left unattended in the public parks for a

continuous period of twenty-four hours or more without

the written permission of the authority or the

authority's authorized representative. Anything

herein to the contrary notwithstanding, personal

property carried into the park and left after park

hours will be considered abandoned property;] personal

property that has been left in, at, or on any Hawaii

community development authority property that is

assessment levied on permittees for the privilege of

observing an event within the [public] parks;

or entity authorized by the Hawaii community

development authority to act on Hawaii community

development authority's behalf;

development authority board established by section

206E-3, [HRS;] Hawaii Revised Statutes;

any person authorized by the authority to act for the

210-4

authority including the executive director and agents

of the authority;]

tents, blankets, tarpaulins, or other obvious camping

paraphernalia any time after park closure within the

public park;] use of camping items;

(except for permitted tents), sleeping bags,

activity in the [public] park for which compensation

is received by any person or entity for the sale of

goods or services or both rendered to customers or

participants in that use or activity. Display of

merchandise, demanding or requesting gifts, money, or

services shall be considered a commercial activity.

Commercial activities include activities whose base of

operations are outside the boundaries of the park, [or

provide transportation to or from the parks;] and for

[of] appointed by the authority;

authority, the executive director, the executive

director's staff this includes current officers,

directors, board members, employees, representatives

and authorized agents, or such authority's successor

in interest established by section 206E-3, Hawaii

Revised Statutes;

managed by the HCDA and not leased to another entity

within the Kakaako community development district.

Such real property includes, but is not limited to,

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parks, park roadways, parking lots, beaches and beach

rights-of-way. HCDA property also includes

improvements made by the HCDA or the agent of the

authority. HCDA property is not limited to real

property;

landscaped, and other areas of the facility which is

landscaped, and other areas of the facility which is

HCDA property as outlined in the [park] makai area

plan;

lots, landscaped, and other areas of the facility

which is HCDA property as outlined in the makai area

plan;

formally known as Queen park and means the landscaped,

and other areas of the facility which is HCDA property

as outlined in the mauka area plan. Queen park was

traversed Queen Street prior to being known as

Kolowalu makai and mauka parks;

state or county employee with law enforcement powers;

and volleyball courts, play equipment, landscaped, and

other areas of the facility which is HCDA property as

outlined in the mauka area plan;

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[and dune buggies] dune buggies, golf carts,

all-terrain vehicles (ATVs), segways, hoverboards, or

any other vehicles which are mechanically propelled

regardless of whether the vehicle is required by the

State or any county to be licensed;

genitals, pubic areas, or [the nipple or areola of

post-pubertal human female breasts;] any portion of

designated as park in the Kakaako community

development district mauka and makai area plans. The

authority may from time to time exclude portions or

areas that are designated as park from this definition

for the purpose of maintenance, design, development or

for the purpose of lease or permit to third parties;

parking of vehicles within the [public] park;

household pets which includes animals such as

side wall is allowed if it results in an enclosure of

less than fifty per cent (i.e., pop up tents);

exhibitor, league, or other person who obtains a

permit for the purpose of conducting a special event

nature, including but not limited to clothing,

personal care items such as personal hygiene products

and medicines, household items, materials, containers,

cardboard, camping items, furniture, equipment,

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fixtures, bicycles or mopeds or motorcycles as defined

in section 291C-1, HRS;

refreshments provided by members of a group and eaten

in the [open;] open and may include games, music or

other activities for the enjoyment of members;

park by the HCDA or with HCDA's express written

Kakaako mauka gateway park, Kakaako makai gateway

park, [and the] Kakaako waterfront [park;] park,

Kolowalu mauka park and Kolowalu makai park;

parking lot, playground, athletic field, beach, beach

right-of-way, court, swimming area, or other

unencumbered public land that serves as recreation

area or facility under the control, maintenance, and

management of the authority and designated as park in

the Kakaako community development district mauka and

commercial activities;

place or leave in a location;

construction or other materials which can include

parts of a tent; and

which any person or property is or may be transported

or drawn upon a roadway or highway, [including mopeds,

human power.] but excluding bicycles. [Eff 6/11/05;

210-8

am and comp 5/25/07, am and comp ] (Auth:

HRS §206E-4) (Imp: HRS §§206E-2, 206E-4)

§15-210-3 Severability. These rules shall be

liberally construed to protect and preserve the

health, safety, and general welfare within the Kakaako

community development district. Should any provision

Citations. [Police officers and any other officer

authorized shall] Law enforcement officer(s) and any

other person authorized by the HCDA shall have the

power(s) to issue a citation for any violation of the

provisions of this chapter:

authorized police officers, a form of

printed on a form commensurate with the form

of other citations used in modern methods of

arrest, so designed to include all necessary

and the city and county of Honolulu;] Law

enforcement officer(s) may use a form of

citation that is authorized for use for

violations of Hawaii Administrative Rules,

ordinances, or HRS;

copy of the same shall be given to the

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violator, or in the case of a parking,

standing, or stopping violation, a copy of

the same shall be affixed to the vehicle, as

provided in paragraph (5);

numbered and each carbon copy shall bear the

number of its respective original;

of the alleged violator and the license

plate number of the vehicle or vehicle

identification number of the motor vehicle

involved, and shall issue to the alleged

violator in writing a citation, notifying

the alleged violator to answer to the

[complaint to be entered against the person

at a place and at a time provided in the

citation;] citation in writing at the

address provided and by the date listed; and

vehicle a citation. The citation shall be

addressed to the registered owner of the

vehicle, but need not identify the

license plate number or vehicle

identification number. The citation shall

instruct the registered owner to answer to

the [charge against the registered owner at

a time and place specified in the citation.]

and by the date listed. The registered

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bicycles; or] hoverboards, segways, or other

wheeled devices;

paths or areas.

for the purposes, it is unlawful for any person to:

driving;

tournament only; [or]

leash at any time.

subsection (b), the repair or [conditioning]

reconditioning of any surfboard shall be performed

imposed by the authority shall include, together with

the requirements necessary to safeguard the health and

safety of the public, the securing of adequate

is unlawful for any person, where signs are posted

prohibiting or restricting the activities, to operate,

park, or stand a motor vehicle in violation of the

prohibitions or restrictions. The signs may impose

210-17

executive director shall determine will maximize the

enjoyment and use of any park by park users. The

restrictions may include the installation of parking

meters or parking toll booths in [public] parks. [Eff

6/11/05; am and comp 5/25/07, am and

comp ] (Auth: HRS §206E-4) (Imp: HRS

§206E-4)

chapter 91, HRS. [For purposes of this section,

"common domestic household pets" includes animals such

as domesticated cats, dogs, mice, rats, rabbits,

guinea pigs, fish, and birds, but excludes animals

which are considered livestock, including, but not

limited to, horses, cattle, sheep, or pigs.]

constantly supervised by a legally responsible person.

be leashed or crated and under the control of a

designate areas in [public] parks for use by persons

having custody and control of [common domestic

household pets. In designating parks or areas therein

for [leashed] leash-free common domestic household

pets, commonly known as "bark parks", the executive

director shall consider the park's size, location, and

frequency of use by members of the public, as well as

area included in the designation. The executive

director shall post signs that notify the public of

210-18

the designation that describe or map the park or park

areas so designated. Signs for areas for [leashed]

leash-free common domestic household pets shall

further display the applicable requirements in

subsection (c).

permissible animals into [public] parks shall be held

responsible for the sanitary use of the park, the

the person having custody and control of the

common domestic household pets [to] shall

restrain the common domestic household pets

at all times on a leash, cord, chain, or

other similar means of physical restraint of

not more than eight feet in length;

park or park areas designated for leashed

common domestic household pets to] shall

display a valid license tag attached to the

carry equipment for the removal and disposal

of the common domestic household pets' feces

and [to] shall clean up and dispose of feces

left by the common domestic household pets.

[Eff 6/11/05; comp 5/25/07, am and

(Imp: HRS §206E-4)

hours for the parks shall be as noted on officially

posted park hour signs. All persons shall observe and

210-19

abide by the officially posted signs designating

closed areas and visiting hours.

representative may establish a reasonable schedule]

agent of the authority may establish other reasonable

schedules of visiting hours for all or portions of the

premises and close or restrict the public use of all

or any portions thereof, when necessary for the

specified areas. All persons shall observe and abide

by the [officially] HCDA approved posted signs

designating closed areas and visiting hours.

areas may be impounded by the authority or the

authority's authorized representative at any time.

to a place of storage. Towing, storage, and other

related costs shall be assessed pursuant to section

290-11, HRS. [Eff 6/11/05; comp 5/25/07, am and

expense.] (a) Prohibition.

removed by the HCDA; and

location on HCDA property and "left in, at,

or on any HCDA property" is within the

meaning of the "abandoned property"

definition.

procedures for abandoned property.

210-20

immediately, in any manner without notice,

verbal or written, abandoned property:

(A) Of a perishable nature, including but

not limited to items that require

refrigeration;

(B) Posing a threat to the health, safety,

or welfare of the public, including but

for health and safety reasons by the

HCDA, including but not limited to

property that is wet, soiled, dirty,

sharp, odorous, contaminated by mold or

infested with insects, roaches, or bed

bugs; or

(D) Where the apparent owner of the

property requests or permits such

disposal;

immediately disposed of pursuant to this

section and shall maintain a record of the

approximate location, date and method of

disposal of such abandoned property.

and store abandoned property that:

HCDA property;

or

requests or permits such removal:

210-21

(A) If the apparent owner is present at the

time that the HCDA is removing the

property, the owner will be provided an

opportunity to remove the property from

HCDA property;

(B) The HCDA shall photograph, video and/or

describe in writing any abandoned

property removed pursuant to this

days prior to it being disposed.

the area within which the abandoned property

is being removed by the HCDA; the exclusion

area may extend up to ten feet from any

property to be removed; and

property shall be permitted to enter the

exclusion area for purposes of removing that

property, and that the removal is done

within forty-five minutes after the initial

notice of removal is given.

property:

shall also be left in the area/location from

where the abandoned property was removed,

and be prominently and conspicuously posted

for at least three consecutive calendar days

following removal of the abandoned property.

The notice may be collected by the HCDA

210-22

after three days have elapsed. This does

not require the HCDA to ensure that the

notice is in place seventy-two consecutive

hours but requires only inspection at the

end of the three-day period;

HCDA's internet website for three

consecutive days;

after removal. The notice shall also

include:

(A) Date and time the abandoned property

was taken;

(B) Date and time the written notice was

originally posted; and

(C) Contact information for the owner of

the abandoned property to use if the

person desires to reclaim the abandoned

property and the time and location at

last known mailing address.

the stored abandoned property may claim the

property prior to its disposal upon

submitting to the HCDA satisfactory proof of

ownership or entitlement and payment of all

unpaid rent, debts, and charges owing and

all handling, storage, appraisal,

advertising, and other expenses incurred by

the HCDA in connection with the proposed

disposal of the stored abandoned property;

210-23

satisfactory showing of inability to pay;

and

entitled to the stored abandoned property

who claimed the property, and another party

shall not constitute a dispute to which the

State of Hawaii or the HCDA is a party, and

claimed in forty-five calendar days, the

HCDA may dispose of the property by

disposing it;

abandoned property is determined by the HCDA

to have an estimated value of $1,000 or

more, the HCDA may, in lieu of disposing the

abandoned property, seek to publicly auction

the property. In that event, the HCDA shall

provide satisfactory proof of ownership

before a specified date, the property will

be sold at public auction to the highest

bidder. Such public notice shall be

published at least once in a publication of

statewide circulation or in a publication of

local circulation where the property was

seized; provided that the disposal shall not

take place less than five calendar days

after public notice has been given.

Following proper notices, any item of

impounded personal property having an

210-24

estimated value of $1,000 or more shall be

disposed of by public auction, through oral

tenders, or by sealed bids. Where no bid is

received, the abandoned property may be sold

by negotiation, disposed of or sold as junk,

kept by the HCDA or donated to any other

government agency or charitable

organization; and

owner of the property for thirty calendar

days after sale, after which time the

proceeds shall be transferred to the

department of budget and finance pursuant to

the Unclaimed Properties Act.

immediately disposed of shall be kept as a public

record for a period of not less than two years from

the date of disposal of the property.

pursue a contested case hearing shall file a

request within fifteen calendar days of the

action or decision for which the contested

case hearing is sought pursuant to section

15-219-45 et seq. The HCDA shall continue

to store the abandoned property at issue in

the contested case hearing while the case is

pending. The HCDA may dispose of the

abandoned property if the contested case

hearing decision allows for such disposal.

[Eff and comp 5/25/07, am and

210-25

comp ] (Auth: HRS §206E-4)

(Imp: HRS §206E-4)

authority or the [authority's authorized

representative.] agent of the authority. Permission

may be granted only if the notice or advertisement

relates to services, goods, or facilities available

within or to be available within the premises and the

notices and advertisements are found by the authority

or the [authority's authorized representative to be

desirable and necessary for the convenience and

guidance of the public.] agent of the authority to be

desirable and necessary for the convenience and

engage in or solicit any business, except in

accordance with the provisions of a permit, contract,

representative.] agent of the authority. [Eff

6/11/05; comp 5/25/07, am and comp ]

(Auth: HRS §206E-4) (Imp: HRS §206E-4)

videotaping. (a) Before any motion picture is filmed

210-32

permittee, or the permittee's employees, officers,

agents, or subcontractors with respect to any

commercial activity conducted or any improvement

constructed or installed at the [public parks.] parks,

unless this requirements is waived or modified by the

authority based on a finding of good cause. [Eff

6/11/05; comp 5/25/07, am and comp ]

(Auth: HRS §206E-4) (Imp: HRS §206E-4)

PERMITS AND FEES FOR USE OF PARKS

using the premises shall first obtain a permit from

the authority for the following uses:

persons;

organization, association, group, or

activity held by organizations,

associations, or [groups;] groups consisting

of fifty or more persons;

service activities, meetings, and gatherings

[groups;] groups consisting of fifty or more

persons;

or two or more instruments described as

210-33

(A) Musical instruments which are limited

to two octaves or less, including, but

not limited to, the following musical

instruments:

[(i) Tuba;

(ii)] (i) Tympani;

[(iii)] (ii) Maracas;

[(iv)] (iii) Uliuli;

(B) Musical instruments which when played

do not exceed the sound pressure level

established in section

15-210-13(b)(11); and

(C) Musical instruments which are used or

played continuously without a regular

hourly break of thirty minutes, or for

more than six hours within a day;

permit shall be consistent with the use of

the park under consideration, subject to

reasonable limitations on the size of the

authority or the [authority's authorized

representative] agent of the authority shall uniformly

treat each application, based upon the facts

presented, free from improper or inappropriate

210-34

of a permit under this section, except as provided in

this section. All permits issued by the authority

shall:

and facilities by appropriate distribution

of users;

areas and facilities through scheduling and

facilities and areas within the premises

shall consist of the following types:

(A) Group use; or

(B) Special use; [or

(C) Temporary concession;]

representative] agent of the authority may

issue permits. Permits shall be obtained

following conditions shall apply to all

permits:

(A) Permits shall be issued on a first-come

of age or older shall be eligible to

secure permits;

(C) Permits shall be requested no later

than forty-five days before the

requested permit date and, once issued,

210-35

8:00 a.m. and 4:00 p.m. on State of

Hawaii regular working days;

(D) Permits shall not be transferred;

(E) Persons or organizations to whom

permits are issued are bound by the

permit conditions stipulated on or

attached to the permit and any

applicable federal, state, and county

laws, ordinances, rules, and

regulations;

authority;

(G) Fees and charges as set by the

authority shall be assessed for permits

to defray the cost of park maintenance,

special facilities, services, or

supplies provided by the State, or to

meet other conditions as the authority

or the [authority's authorized

representative] agent of the authority

[authority's authorized representative]

agent of the authority may require a

security deposit as a condition of

issuing a permit. A deposit shall be

collected from the applicant prior to

is required to assure proper cleanup

and restoration and shall be refunded

by mail if the area used is cleaned and

authority or the [authority's

authorized representative.] agent of

210-36

the authority. The amount of deposit

shall be determined as follows:

50 – 100 $200

check, postal money order, or bank

money order provided that personal or

business checks may be used to pay for

events that will occur thirty or more

days after the date of the payment;

(J) All permittees shall, upon request,

show the permit to any law enforcement

officer, the authority, or the

[authority's authorized

representative;] agent of the

chapter, or any applicable federal,

state, or county laws, ordinances,

rules, or regulations;

closed or will be closed because of

damages, or because of scheduled or

[ongoing,] ongoing construction,

repairs or maintenance activities, or

because of other reasons;

210-37

representative,] agent of the

authority, or other proper authorities;

(C) Natural or civil disturbances occur or

threaten to occur, including, but not

limited to, tsunamis, floods,

earthquakes, storms, riots,

demonstrations, and employee strikes;

(D) There are inadequate facilities to meet

the needs of the applicant for the

permit;

chapter; and

time without advance notice when:

(A) A state of emergency is declared by the

authority, the [authority's authorized

representative,] agent of the

authority, or other proper authorities;

(B) Natural or civil disturbances occur or

threaten to occur including, but not

members shall be required to obtain a group

use permit to remain within the premises;

when space is inadequate to accommodate the

group or as otherwise provided in

subsection (c);

and time the group shall be allowed to

remain on the premises as follows:

210-38

(A) Permits may be issued for [hours

between 7:00 a.m. and 10:00 p.m. of the

same day;] using the park between the

hours of 5:00 a.m. and 10:00 p.m.;

(B) An earlier or later starting time may

be granted by the authority or the

[authority's authorized representative]

agent of the authority to accommodate

is between the hours 7:00 a.m. to 7:00

p.m. of the same day. Minors staying

beyond 7:00 p.m. in park areas that

normally stay open past 7:00 p.m. shall

be under the supervision of adults on a

ten minors to one adult ratio. All

minors from the same family, who are

accompanied by at least one of their

parents, shall be allowed to remain in

the area past the 7:00 p.m. deadline,

or protection in the interest of public

safety and welfare and for the protection of

property when [the number or persons under

enforcement officer.

special use permit issued by the authority

representative.] agent of the authority.

Special uses are all types of uses other

210-39

than [temporary concession and] group use

and are considered compatible with the

functions and purposes of each individual

area, facility, or unit of the premises;

each be considered on its own merits,

including its effect on the park area,

facilities, and the public's use and

enjoyment;

parades, public expressions of views,

rallies, regattas, shows, sport events,

weddings, and other community or ethnic

oriented events, or activities, or other

spectator attractions that are open to the

general public or to restricted groups;

the authority a minimum of forty-five days

before the date of use being requested for

all special use activities or events

name, address, and phone number of the

applicant, the date, time, duration, nature,

and place of the proposed event, an estimate

to be used in connection therewith. If the

event is for the purpose of raising funds, a

statement on how the profits will be used is

required;

210-40

(B) The event presents a clear and present

danger to the public health or safety;

(C) The event is of a nature or duration

that cannot reasonably be accommodated

in the particular park area applied

for;

(D) The event will significantly interfere

or conflict with the public's general

to protection and use of the park area for

the purposes for which it is maintained,

reasonable limitations on the time and area

within which the event is permitted, and

requirements for liability insurance

coverage; [and]

representative] agent of the authority may

require the permittee at the permittee's own

enforcement officer; and

the permittee in conducting the event or

activity or activities where the public is

charged an admission fee or where a donation

is accepted for the purpose of realizing a

profit (fundraising activity) shall require

210-41

organization as defined in Internal Revenue

Code section 501(c)(3);

if it deems necessary;

only if it is in conjunction with another

activity or event which is authorized by a

person may profit from a temporary

concession. All net profits earned from the

temporary concession must be applied to the

expenses of the nonprofit organization

incurred in connection with events or

activities directly related to the purpose

for which it has been organized;

liability insurance certificate bearing

their name with the authority as additional

liability, shall be provided by both the

nonprofit organization and commercial food

caterer or lunchwagon; and]

shall first obtain clearance] to sell food

shall first obtain documentation

demonstrating the proper approval from the

department of health. The clearance

certificate must be presented to the