THE SENATE

S.B. NO.

3351

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to parking violations.

 

 

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

 

     SECTION 1.  The legislature finds that proper enforcement of parking rules allows many residents to use and enjoy state properties for ocean recreational activities.  However, traffic and parking congestion at Lahaina boat harbor has created additional difficulties for patrons.  Limited enforcement of parking rules causes many difficulties for boaters and individuals engaging in recreational activities.  Inconsistent enforcement also contributes to traffic congestion problems at the Lahaina boat harbor, as conflicting information regarding permits, parking, and compliance leave boaters and patrons confused on rules.

     Therefore, the purpose of this Act is to implement specific parking violations to be enforced by the department of land and natural resources division of boating and ocean recreation.

     SECTION 2.  Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

     "§200-14  Violation of rules; penalty.  (a)  It shall be a violation of this section for any person to:

     (1)  Fail to pay the posted fees;

     (2)  Park, stop, or stand any vehicle across any line or marking of a paid parking stall or in such position that the vehicle shall not be entirely within the stall designated by the lines or markings;

     (3)  Park, stop, or stand a towing vehicle with a boat trailer attached in any non-designated vehicle or trailer paid parking stall;

     (4)  Permit another person not entitled thereto, to use or have possession of a parking sticker;

     (5)  Alter, forge, counterfeit, or imitate a parking sticker;

     (6)  Possess or use a parking sticker, knowing it to have been altered, forged, counterfeited, or imitated;

     (7)  Avoid or attempt to avoid compliance with this subsection by affixing to a vehicle a parking sticker not authorized by the department;

     (8)  Enclose, obstruct, or cause to be enclosed or obstructed any paid parking stall or portion thereof unless a permit has been obtained from the department as required in section 13-233-27, Hawaii Administrative Rules;

     (9)  Deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking pay station installed under the provisions of this subsection; and

    (10)  Disregard any official direction, instruction, or restriction indicated by or located on official signs posted in a paid parking zone.

[(a)] (b)  Except as provided in subsection [(b),] (c), any person who violates any rule adopted by the department under this part or who violates this part, shall be fined not more than $1,000 or less than $50 for each violation, and any vessel, the agents, owner, or crew of which violate the rules of the department or this part, shall be fined not more than $1,000 or less than $50 for each violation; provided that in addition to or as a condition to the suspension of the fines and penalties, the environmental court may deprive the offender of the privilege of operating or mooring any vessel in state waters for a period of not more than thirty days.

     [(b)] (c)  Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein.  A person found to have committed such a traffic infraction shall be fined not more than:

     (1)  $100 for a first violation;

     (2)  $200 for a second violation; and

     (3)  $500 for a third or subsequent violation.

     [(c)] (d)  Notwithstanding the provisions of subsection [(a)] (b) establishing a fine of not more than $1,000 or less than $50 for each violation, any person who violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day of violation."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2022.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Department of Land and Natural Resources; Violations

 

Description:

Specifies parking violations for all patrons engaging in ocean recreation and coastal areas program property.  Authorizes the Department of Land and Natural Resources to collect fines for each violation of parking rules.

 

 

 

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