Section 15-210-4 - Enforcement(a) Citations. 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: (1) Law enforcement officer(s) may use a form of citation that is authorized for use for violations of Hawaii Administrative Rules, ordinances, or HRS;(2) In every case when a citation is issued, a copy of the same shall be given to the 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);(3) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original;(4) Whenever a motor vehicle is in violation of any provision, other than a parking, standing, or stopping provision, of this section, any law enforcement officer and any other person so authorized shall take the name, address, and driver's license number 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 citation in writing at the address provided and by the date listed; and (5) Whenever any motor vehicle is parked, standing, or stopped in violation of this section, the law enforcement officer and any other person so authorized finding the vehicle shall conspicuously affix to the vehicle a citation. The citation shall be addressed to the registered owner of the vehicle, but need not identify the registered owner by name, so long as the citation identifies the vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the citation in writing at the address provided and by the date listed. The registered owner of a vehicle shall be responsible and accountable for the illegal parking, standing, or stopping of the vehicle when: (A) The registered owner committed the illegal parking, standing, or stopping of the vehicle; or(B) Another person committed the illegal parking, standing, or stopping of the vehicle, but the registered owner gave the person explicit or implicit permission to use the vehicle at the time of the violation. In any proceeding for violation of a parking, standing, or stopping provision of this section, the license plate number or vehicle identification number of the parked, standing, or stopped vehicle shall constitute prima facie evidence that the registered owner of the vehicle was responsible and accountable for the illegal parking, standing, or stopping of the vehicle.
(b) Removed vehicles. (1) Complaint resolution may be initiated by-persons claiming ownership or entitlement to vehicle towed under these rules by contacting the HCDA at (808) 594-0300; and(2) Any persons claiming ownership of the towed vehicle under these rules who wishes to pursue a contested case hearing shall file a request within fifteen calendar days of the vehicle being towed for which the contested case hearing is sought pursuant to section 15-219-45 et seq.(c) Severability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the remaining portions hereof.(d) Penalty. Any person cited for a violation of any section or provision of this chapter shall be subject to a fine of $50 for first time offense, $100 for second or third time offenses, and $500 for repeated offense beyond the third offense.(e) Trespass. Any person(s) cited for repeated violation of any provisions of this chapter may be prohibited from use of the parks for a period of one year.(f) Injunction. The authority may maintain an action for an injunction to restrain any violation of this chapter and may take lawful action to prevent or remedy any violation. [Eff 6/11/05; am and comp 5/25/07, am and ren § 15-210-3, am and comp 2/24/2017] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4)