This Article shall be known as and may be cited and referred to as "The Parks and Recreation Ordinance for the County of Kaua'i."
(Ord. No. 383, April 30, 1980; Ord. No. 852, July 1, 2007)
(a)
This Article shall apply to all County parks, neighborhood centers, swimming pools, tennis courts, athletic fields, stadiums, recreational areas, and the County Municipal Golf Course and excludes the Kaua'i War Memorial Convention Hall.
(b)
The provisions contained herein are not to be construed to exclude the operation of applicable State statutes or other County ordinances. In case of duplication of laws, the stricter provision shall be applied.
(c)
If any section, sentence, clause or phrase of this Article, or its application to any person, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portion of this Article, or the application of this Article to other persons, shall not be affected.
(Ord. No. 383, April 30, 1980; Ord. No. 852, July 1, 2007)
The following definitions shall apply to the provisions contained in this Article:
shall mean the County of Kaua'i, State of Hawai'i.
shall mean the County Engineer, Department of Public Works, County of Kaua'i, or duly authorized representative.
shall mean the Department of Parks and Recreation, County of Kaua'i.
shall mean sums of money placed with the Department or Office as security for the use and maintenance of parks and recreation facilities.
shall mean the Director of Parks and Recreation, County of Kaua'i, or duly authorized representative.
shall mean the Department of Parks and Recreation, County of Kaua'i.
shall mean any park, park roadway, playground, beach right-of-way, or other recreational area under the control, management, and operation of the County.
shall mean a written authorization signed by the Director of Parks and Recreation or representative allowing use of parks and recreational facilities.
shall mean any building or other physical structure, such as swimming pools, gymnasiums, community centers, pavilions, picnic tables, used for recreational purposes and under the control, management, and operation of the County.
shall mean the path surface, an area up to six (6) feet on each side of the surface, immediately adjacent comfort stations, immediately adjacent rest areas, and direct access from parking areas.
shall mean an activity organized and conducted by the County.
shall mean an activity open to the public and co-sponsored by the County and/or the State.
shall mean an activity organized and sponsored by any non-profit entity which does not charge for admission, solicit donations, or involve the sale of goods, wares, merchandise or services to the general public.
shall mean an activity organized and sponsored by any person or entity which does not charge admission, solicit donations, or involve the sale of goods, wares, merchandise or services to the general public.
shall mean an activity organized and sponsored by any non-profit entity which charges admission, solicits donations, or involves the sale of goods, wares, merchandise or services to the general public.
shall mean an activity organized and sponsored by any person who charges for admission, solicits donations, or sells goods, wares, merchandise, or services to the general public for profit.
shall mean a device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
shall mean a pliant, flexible instrument, such as a flexible rod or thong or lash attached to a handle used for flogging or beating a person and or used to create a sharp "crack" sound for directing or herding animals. The definition of whip shall include all variations of whips, including but not limited to: bullwhip, stock whip, yard whip, cattle drafter, bullock-whip, Raman whip, Rose whip, Florida cow whip, signal whip, snake whip, equestrian whips, buggy whip, and Qilinbian.
(Ord. No. 383, April 30, 1980; Ord. No. 405, January 22, 1981; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007; Ord. No. 869, December 1, 2008; Ord. No. 895, 2010; Ord. No. 947, July 17, 2013; Ord. No. 1029, April 27, 2018)
(a)
No person at a park or recreation facility shall:
(1)
Abandon any vehicle or other personal property. For the purpose of this section, "abandon" shall mean:
(A)
Leaving a vehicle or other personal property unattended for more than twenty-four (24) hours;
(B)
When a notice of abandonment is posted on a vehicle, failure to remove the vehicle, within twenty-four (24) hours, from the location where the notice was posted and from all highways and parks located within a one (1) mile radius of said location shall be deemed to be a continuation of the original abandonment.
(2)
Operate or use any audio devices including radios, television sets, musical instruments or noiseproducing devices such as electric generators, or other equipment driven by motors or engines, in such a manner and at such times that produces unreasonable noise as defined in HRS Chapter 711-1101, unless authorized by the Director or his/her designated representative on a permit.
(3)
Use utilities and appurtenances for non-recreational, commercial, or other activities, unless authorized by the Director or designated representative on a permit.
(4)
Install aerial or other special radio, telephone, or television equipment, unless authorized by the County Engineer or designated representative on a permit.
(5)
Operate or use public address systems, whether fixed, portable or mounted on a vehicle, unless authorized by the Director or designated representative on a permit.
(6)
Disturb or interfere with any other person occupying an area, or participating in any authorized activity.
(7)
Lead or let loose any dogs or other domestic animals, unless authorized by the Director or designated representative on a permit.
(8)
Use, carry, or possess whips, firearms, and weapons of any description, except for bows and arrows for archery competitions and air rifles for air rifle competitions when authorized by the Director or designated representative on a permit.
(9)
Drive or park motorized vehicles, including dune buggies, motorcycles, minicycles, and scooters, or ride horses, except on designated roads and parking areas, unless authorized by the County Engineer or designated representative by signage or on a permit.
(10)
Mark, deface, or remove any natural feature or natural resources.
(11)
Destroy, injure, deface or remove in any manner any public building, sign, equipment, monument, marker or other structure.
(12)
Destroy, dig or remove tree, shrub or other plant, unless authorized by the County Engineer or his/her designated representative on a permit.
(13)
Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, unless authorized by the County Engineer or designated representative on a permit, except for a prefab and manufactured quick tent no larger than twenty (20) feet by twenty (20) feet for an event or gathering.
(14)
Start a fire except within designated grills, portable grills, and fireplaces. No fire shall be left unattended and all fires shall be fully extinguished after use.
(15)
Throw or drop a lighted cigarette, cigar, pipe heel, match or other burning material, except to start a fire within designated grills, portable grills, and fireplaces as allowed in Paragraph (14) of this Subsection.
(16)
Use roller skates, roller blades, skateboards, or bicycles except in designated areas authorized by the County Engineer or designated representative through signage.
(17)
Dance on any gymnasium floor while wearing shoes, provided, that dancing with shoes shall be permitted if a protective covering over the floor is used.
(18)
Dispose litter in other than designated trash receptacles.
(19)
Operate or use air-horns, unless authorized by the Director or designated representative on a permit, or to start or end events or races. As used herein, air-horn means a device intended to produce a sound signal by means of compressed air or gas or exhaust gas.
(20)
Dogs shall be permitted on the shared use path system provided, however, that dogs or other domestic animals shall not be allowed on the path system beginning at the makai end of Nalu Road (entrance to Lydgate Beach Park) to the end of the path system fronting Hikinaakala Heiau (see Exhibit A). The County Engineer shall post signs to designate the appropriate area where dogs are not allowed on the shared use path system. Any dog handler with a dog utilizing the shared use path system shall comply with the following:
(A)
Be in command and control of dog at all times.
(B)
Have no more than two (2) dogs under his or her control.
(C)
Immediately remove his or her dog if it exhibits aggressive behavior.
(D)
Visibly carry the necessary instruments required for the removal and disposal of dog feces.
(E)
Pick up and dispose of any and all feces left by the dog.
(F)
Have the dog wear at all times a valid current dog license tag that is clearly and visibly attached to the dog's collar.
(G)
Have the dog on a leash that is no more than six (6) feet in length at all times. Retractable leashes shall not be allowed.
(21)
Possess or consume any intoxicating liquor between the hours of 11:00 p.m. and 6:00 a.m.
(22)
It shall be unlawful to feed cats on County property.
(23)
It shall be unlawful to abandon cats on County property.
(b)
Entering or remaining in a park area when manifestly under the influence of alcohol, narcotics or other drugs, to a degree that may endanger oneself or other persons or property, or unreasonably annoy persons in the vicinity is prohibited.
(c)
The Police Chief and the Director, and designees ("authorized officials"), shall have the authority to issue citations and charges for any violations of the provisions of this Section. The Police Chief and designees may remove or cause to be removed any abandoned vehicle from a park or recreation facility and dispose of it in accordance with Chapter 290, HRS. The registered owner of the vehicle shall be liable for all reasonable expenses incurred by the removal.
(d)
It shall be unlawful not to comply with any provision of this Section. Any person violating any provision of this Section shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense. For the second violation of like offense, the punishment shall be a fine of not less than two hundred dollars ($200.00). For all violations in excess of two (2) of like offense, the punishment shall be a fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00). In addition, the County shall have the right to avail itself of any civil remedy appropriate under the circumstances.
(e)
As it is anticipated that Phase III A (Wailua to Papaloa, including Kawaihau Spur) will be completed by the Fall 2011, which will provide approximately one (1) additional mile of paved pathway, the Director of Parks and Recreation shall submit a report to the Council within eighteen (18) months of the approval of the ordinance codified in this Section, providing an evaluation of allowing dogs on the path. The report shall include, but not be limited to, any concerns, incidences of dog bites, citations, etc. At such time, the Council shall reassess the effectiveness of this Section which allows dogs on the path.
(Ord. No. 383, April 30, 1980; Ord. No. 768, June 12, 2001; Ord. No. 772, July 13, 2001; Ord. No. 798, December 4, 2002; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007; Ord. No. 869, December 1, 2008; Ord. No. 884, 2009; Ord. No. 895, 2010; Ord. No. 939, February 27, 2013; Ord. No. 947, July 17, 2013; Ord. No. 1029, April 27, 2018; Ord. No. 1107, March 15, 2022)
(a)
Parks shall be open to the public every day of the year during the designated hours unless closed for good cause by the Director. The opening and closing hours of each park and recreation facility shall be posted therein.
(b)
Any section or part of any park or recreation facility may be declared closed to the public by the Director at any time, as the Director shall find reasonably necessary for the health, safety or welfare of the public.
(Ord. No. 383, April 30, 1980; Ord. No. 852, July 1, 2007)
If more than one (1) person or organization applies for the use of a park or recreational facility for the same time and for the same type of activity, priority as to the use will be on the basis of the first written application received. Persons wishing to reserve a park or recreational facility on a continuing basis may do so; however, should conflicting requests arise, continuing reservations may be cancelled by the Director. In all cases, Type I and Type II activities shall have priority of use over all other activities.
(Ord. No. 383, April 30, 1980; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
(a)
Fees shall be charged for use of parks and recreation facilities by persons or organizations desiring to engage in Type III night, Type IV day and night, and all Type V and all Type VI activities. Fees shall be charged in accordance with the fee schedule set forth in Section 19-1.9 herein.
(b)
A custodial deposit shall be required for use of parks and recreation facilities by persons or organizations desiring to engage in Type III, Type IV, Type V and Type VI activities. Custodial deposits are refundable upon determination by the Director that the cleaning and restoration of the facility or park have been satisfactorily performed, provided that the deposit will be returned no later than ten (10) working days after the date of the event. Custodial deposits will be forfeited to the Department if restoration is not completed within the time provided for on the permit. If the permit holder does not satisfactorily clean and restore the facility or park, the Department may perform the necessary cleaning and restoration from the deposit and recover the cost of said repairs of any cleaning and restoration in excess to said deposit. The Director may deny future permits to the permit holder for the failure on the part of the permit holder to satisfactorily clean and restore any park or recreation facility. If damage is caused by the permit holder and/or guests and the Director determines that such damage is hazardous to park users or employees, the Department may perform the necessary repairs and deduct the cost of said repairs for any damages in excess of the custodial deposit. Custodial deposits may be charged in accordance with the deposit schedule set forth in Section 19-1.9 herein.
(Ord. No. 383, April 30, 1980; Ord. No. 405, January 22, 1981; Ord. No. 417, November 4, 1981; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
The Director may require persons or organizations desiring to engage in Type III activities and shall require persons or organizations desiring to engage in Type IV, Type V and Type VI activities to secure general liability, property damage, and other insurance, and to include the County as additional insured.
(Ord. No. 383, April 30, 1980; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
Schedule of Fees | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Type of Facility | Type I | Type II | Type III | Type IV | Type V* | Type VI | ||||
Day | Night | Day | Night | Day | Night | Day | Night | |||
Līhu'e Stadium | $0 | $0 | $0 | $25.00 | $50.00 | $150.00 | $100.00 | $300.00 | $150.00 | $350.00 |
Hanapēpē Stadium | $0 | $0 | $0 | $15.00 | $30.00 | $90.00 | $60.00 | $180.00 | $100.00 | $200.00 |
Ballfields and Playgrounds | $0 | $0 | $0 | $0 | $0 | $0 | $25.00 | $50.00 | $100.00 | $200.00 |
Swimming Pools | $0 | $0 | $0 | $0 | $0 | $0 | $25.00 | $50.00 | $100.00 | $200.00 |
Tennis and Basketball Courts | $0 | $0 | $0 | $0 | $0 | $0 | $25.00 | $50.00 | $100.00 | $200.00 |
Community Centers and Gyms (0-200 people) | $0 | $0 | $0 | $0** | $25.00** | $50.00** | $25.00 | $50.00 | $100.00 | $125.00 |
Community Centers and Gyms (201-500 people) | $0 | $0 | $0 | $0 | $25.00** | $50.00** | $35.00 | $75.00 | $150.00 | $200.00 |
Community Centers and Gyms, Swimming Pools, Ballfields, and Playgrounds (Classes taught by nondepartmental personnel) | $0 | $0 | $0 | $0 | Not permitted | Not permitted | $5.00/hr | $10.00/hr | $20.00/hr | $30.00/hr |
Pavilions (15 people or less) | $0 | $0 | $0 | $0 | $0 | $0 | $10.00 | $15.00 | Not permitted | Not permitted |
Pavilions (16-100 people) | $0 | $0 | $0 | $0 | $0 | $0 | $15.00 | $20.00 | Not permitted | Not permitted |
Pavilions (101-500 people) | $0 | $0 | $0 | $0 | $0 | $0 | $20.00 | $30.00 | Not permitted | Not permitted |
Kitchen Facilities | $0 | $0 | $0 | $0 | $5.00 | $5.00 | $10.00 | $10.00 | $25.00 | $25.00 |
Lunch and Sundry Wagons | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | $5.00/day; $25.00/ week; $100.00/ month | $5.00/day; $25.00/week; $100.00/month |
Type of Facility | Kaua'i Resident | Non-Resident |
|---|---|---|
County parks with managed parking fees as designated by County Council resolution | $0 | A non-resident parking fee may be charged on a daily or hourly basis, in an amount not to exceed $20 per day, per vehicle. |
Notes: | |
|---|---|
* | Type V youth athletic events, except for interscholastic athletic competitions, shall be assessed one-half (1/2) the rate for Type V activities at the stadiums, ballfields and playgrounds, swimming pools and tennis courts. |
** | Use of community centers for overnight accommodations by non-profit youth organizations shall be permitted at no charge. Overnight accommodation use by other organizations, groups, or persons, except in the case of public emergency, is prohibited. |
*** | Community Centers and gymnasiums used for any activity where meals are not consumed will be exempt from paying fees. |
Custodial Deposit Fees | ||||||
|---|---|---|---|---|---|---|
Type I | Type II | Type III | Type IV | Type V | Type VI | |
Līhu'e Stadium | $0 | $0 | $50.00 | $100.00 | $150.00 | $200.00 |
Hanapēpē Stadium | $0 | $0 | $50.00 | $100.00 | $150.00 | $200.00 |
Ballfields and Playgrounds | $0 | $0 | $10.00 | $20.00** | $60.00 | $200.00 |
Swimming Pools | $0 | $0 | $10.00 | $20.00** | $60.00 | $200.00 |
Tennis and Basketball Courts | $0 | $0 | $5.00 | $10.00* | $30.00 | $200.00 |
Community Centers and Gyms (0-200 people) | $0 | $0 | $10.00** | $20.00** | $60.00 | $150.00 |
Community Centers and Gyms (201-500 people) | $0 | $0 | $15.00** | $30.00** | $90.00 | $200.00 |
Pavilions (15 people or less) | $0 | $0 | $0 | $10.00 | $20.00 | Not permitted |
Pavilions (16-100 people) | $0 | $0 | $5.00 | $10.00 | $30.00 | Not permitted |
Pavilions (101-500 people) | $0 | $0 | $10.00 | $15.00 | $40.00 | Not permitted |
Lunch and Sundry Wagons | N/A | N/A | N/A | N/A | N/A | $100.00 |
Kitchen Facilities (food booths included) | $0 | $0 | $20.00 | $40.00 | $60.00 | $150.00 |
Community Centers and Gyms, Swimming Pools, Ballfields and Playgrounds (classes taught by non-departmental personnel) | $0 | $0 | $0 | Not permitted | $100.00 | $150.00 |
Notes: | |
|---|---|
* | Individual or single-family day users of these facilities are exempt from this deposit schedule. |
** | Activities that do not include any meal consumption are exempt from this deposit schedule. Notwithstanding the aforementioned, use of community centers for overnight accommodations by non-profit youth organizations shall be subject to a $50.00 custodial deposit. |
(Ord. No. 383, April 30, 1980; Ord. No. 405, January 22, 1981; Ord. No. 417, November 4, 1981; Ord. No. 852, July 1, 2007; Ord. No. 1108, March 29, 2022)
(a)
A person or organization seeking issuance of a permit for Type III, Type IV, Type V and Type VI activities shall file an application. The application shall include:
(1)
Name and address of person or organization sponsoring the activity.
(2)
The nature of the activity to be engaged in by person or organization.
(3)
Day and hours for which permit is desired.
(4)
Park or recreation facility or portion for which permit is desired.
(5)
Estimate of the anticipated attendance.
(6)
Payment in full of all required deposits.
(7)
Any other information which the Director may require in making a determination as to whether the permit should be issued.
(b)
Application for permits for Type III, Type IV, Type V and Type VI activities shall be made at least ten (10) days before the scheduled activity. Exceptions to the ten (10) days application deadline may be granted by the Director, provided that if the Director determines that unscheduled work is necessary to prepare the park and recreation facility for the requested activity, the applicant shall either pay for such work or perform the necessary preparatory work under the supervision and with the approval of the Director.
(Ord. No. 383, April 30, 1980; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
The Director shall issue a permit if he or she determines that:
(a)
The proposed activity will not interfere with or detract from the general public enjoyment of the park or recreation facility.
(b)
The proposed activity will not adversely affect public health, safety and recreation.
(c)
The proposed activity will not incite violence, crime, or disorderly conduct.
(d)
The proposed activity will not entail unusual, extra or burdensome expense to the County.
(e)
The park and recreation facility has not been reserved for other use at the day and hour requested by the applicant.
(Ord. No. 383, April 30, 1980; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
Any applicant granted a permit for Type III, Type IV, Type V or Type VI activities shall be responsible for the following:
(a)
Obtain the necessary permit required by State and other County agencies.
(b)
Secure utility services not provided by the Department.
(c)
Hire non-departmental personnel deemed necessary by the Director for the safety and welfare of the general public.
(d)
Perform whatever work deemed necessary by the Director to accommodate the planned activity, and restore the park or recreation facility to its original condition after use, including disposal of trash and litter to the sanitary landfill.
(e)
Perform or cause to be performed daily custodial services while the permit is effective, and a final cleaning after use of the park or recreation facility.
(f)
Comply with all provisions of this Article.
(g)
File, if applicable, a tax clearance statement with the State of Hawai'i and the Director within forty-eight (48) hours after the expiration of the permit.
(h)
Any applicant granted a permit for Type V and Type VI activities shall permit the Director or designated representative to supervise the collection of all monies received in the course of the activity.
(i)
Any applicant granted a permit for Type III, Type IV, Type V and Type VI activities shall permit the Director or designated representative to monitor the number of participants at any of the activities.
(Ord. No. 383, April 30, 1980; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
Unless authorized by the Director, Type VI activities shall not be permitted at any pavilion.
(Ord. No. 383, April 30, 1980; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
Any person or organization who has been issued a permit for Type III, Type IV, Type V or Type VI activity shall defend, indemnify and hold harmless the County and its officers, agents and employees for the liability, damage, loss or injury to any person or property which arises from the activity for which the permit has been issued.
(Ord. No. 383, April 30, 1980; Ord. No. 852, July 1, 2007)
The Director shall have the authority to revoke a permit upon a finding of a violation of any rule, ordinance, statute, or upon good cause shown.
(Ord. No. 383, April 30, 1980; Ord. No. B-270-85, June 12, 1985; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
A permit for Type III, Type IV, Type V and Type VI activities at any park or recreation facility shall not be given to any person or organization for more than three (3) consecutive days, unless otherwise authorized by the Director.
(Ord. No. 383, April 30, 1980; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
(a)
Unless the concession is of the type and nature so as to require competitive bidding pursuant to Chapter 102, Hawai'i Revised Statutes, the refreshment concession for any Type III, Type IV, Type V or Type VI activity may be awarded to the person or organization who has been granted a permit by the Director to engage in Type III, Type IV, Type V or Type VI activities.
(b)
If the Type III, Type IV, Type V or Type VI permittee declines to operate the concession, the Director may, at his or her discretion, award the concession to any school, church, or other non-profit organization who is on the refreshment concession list as provided in Subsection (d) of this Section.
(c)
The Director may, at his or her discretion, award the concession for Type I and Type II activities to any school, church or other non-profit organization who is on the refreshment concession list as provided in Subsection (d) of this Section.
(d)
Non-profit organizations who wish to operate a refreshment concession as provided in Subsections (b) and (c) of this Section shall file a written application to the Director and provide proof of non-profit status at the time of application. The Director shall maintain a list of all non-profit organizations who are authorized to operate a refreshment concession and award the concession in the order of the list.
(e)
Intoxicating liquor shall not be sold at a refreshment concession, except for sales at:
(1)
The restaurant concession at the Wailua Golf Course and within the boundaries of the Wailua Golf Course as set forth in Section 19-3.5(b), excluding the parking lot area, and
(2)
County stadium facilities as authorized by a Special License or Catering Permit issued by the Liquor Control Commission and a Special Use Permit issued by the Director.
(Ord. No. 383, April 30, 1980; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007; Ord. No. 1160, July 11, 2024)
The Director may promulgate such rules and regulations, pursuant to the Hawai'i Administrative Procedures Act, to implement any of the provisions of this Article.
(Ord. No. 383, April 30, 1980; Ord. No. 803, May 28, 2003; Ord. No. 852, July 1, 2007)
(a)
Lydgate Beach Park Pond shall include the portion of the submerged lands and overlying waters beginning at the high-water mark at the shoreline on the eastern side of Lydgate Beach Park and extending out within the man-made rock walls.
(b)
Wherever used in this Section, "take" means to fish for, catch, or harvest, or to attempt to fish for, catch, or harvest, marine life. The use of any gear, equipment, tool, or any means to fish for, catch, capture, or harvest, or to attempt to fish for, catch, capture, or harvest, marine life by any person who is in the water, or in a vessel on the water, or on or about the shore where marine life can be fished for, caught, or harvested, shall be construed as fishing.
(c)
No person shall engage in the following activities at the Lydgate Beach Park Pond, unless authorized by the Director of Parks and Recreation or designated representative on a permit:
(d)
The Director of the Department of Parks and Recreation or a designated representative shall post the appropriate "No Fishing" signs at the entrance to the ponds, in the vicinity of the lifeguard stand, and in locations deemed appropriate as determined by the Director of the Department of Parks and Recreation or designated representative.
(Ord. No. 937, December 19, 2012)
(a)
This Section addresses the findings of a study or studies to be conducted by the Department of Parks and Recreation for the purpose of determining the need to implement controls on parking at certain County parks. The study shall include, but is not limited to, a traffic count, and documentation of safety concerns and traffic concerns.
(b)
Subject to subsection (c) below, residents of the County of Kaua'i shall not be charged for parking according to this Section but will be subject to all other provisions.
(c)
All rental cars and rented cars shall be subject to this Section to include charges relating to parking.
(d)
Parking related operation, maintenance, management, and enforcement shall be determined by the Department of Parks and Recreation.
(e)
Allocation of revenue. All revenues derived from parking fees authorized by this Section shall be used to benefit the County parks located within the district in which the fees were collected.
(f)
In any violation of this Section, the license plate number or vehicle registration identification number of the parked vehicle shall constitute prima facie evidence that the registered owner of the vehicle was responsible and accountable for the illegal parking.
(g)
It shall be unlawful not to comply with any provision of this Section. Any person violating any provision of this Section shall be punished by a fine consistent with Section 19-1.4(d). For the first offense, any person violating any provision of this Section shall be punished by a fine of not less than one hundred dollars ($100.00). For the second violation of like offense, the punishment shall be a fine of not less than two hundred dollars ($200.00). For all violations in excess of two (2) of like offenses, the punishment shall be a fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00). In addition, the County shall have the right to avail itself of any civil remedy appropriate under the circumstances.
(h)
All revenue generated from parking fees pursuant to this Section, shall be deposited in the Special Trust Fund for Parks and Playgrounds, if applicable, and stay in the respective district in which such fees were generated.
(Ord. No. 1087, December 16, 2020)