Report Title:
Access to Public Property; Obstruction
Description:
Clarifies that obstructions to the sea or to or along the shoreline or inland public recreational areas or government roads are prohibited. Clarifies that inland public recreational areas include public trails.
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THE SENATE |
S.B. NO. |
2635 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Public access.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 115-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§115-9[]] Obstructing access to public property; penalty. (a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs the right-of-way, area, or corridor itself, or access to the sea[,] or to or along the shoreline[,] or any inland public recreational area[.] or government road.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means a public trail and public lands or bodies of water opened to the public for recreational use."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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