THE SENATE	S.B. NO.	566
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that objects, such as tents and other illegal structures, that obstruct public sidewalks are increasingly being anchored or attached to adjacent property, such as fences belonging to private owners. The legislature further finds that existing law does not appear to empower law enforcement officers to summarily detach these objects from the private property. Complaints about objects attached to fences or other structures are likely to be treated as civil complaints that property owners must initiate through the courts.

The purpose of this Act is to prevent the attachment of objects to fences and other structures without permission, and to facilitate the removal of objects attached in this manner, by establishing the criminal violation of unauthorized attachment of an object to a fence, gate, or wall.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§708-   Unauthorized attachment of an object to a fence, gate, or wall; penalty. (1) A person commits the offense of unauthorized attachment of an object to a fence, gate, or wall if the person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without permission from the owner.

(2) The owner, acting in good faith, may detach the object without delay or notice. The owner shall not be subject to liability for detaching an object under this section, except for any damages that may result from the owner's gross negligence or wanton acts or omissions. A law enforcement officer, at the request of the owner, may also detach the object without delay or notice. Removal of the object may be conducted at the law enforcement officer's discretion, pursuant to state law or county ordinance that authorizes the removal.

(3) Any person who violates this section shall be issued a written warning citation by a law enforcement officer for the first offense. Any person who violates this section after receiving a written warning citation from a law enforcement officer for a prior offense shall be guilty of a violation; provided that a second or subsequent offense committed within one year of the last offense shall be subject to a fine of $100.

(4) For purposes of this section, "owner" means:

(a) The owner of the fence, gate, wall, or other structure or barrier; or

(b) The owner, agent, tenant, lessor, or sublessor of the real property on which the fence, gate, wall, or other structure or barrier is situated, or their respective assigns or successors in interest."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 28, 2081.

Report Title:

Penal Code; Offenses Against Property Rights; Unauthorized Attachment of Object

Description:

Establishes the offense of unauthorized attachment of an object to a fence, gate, or wall, which is committed when a person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without the owner's permission. (SB566 HD1)

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