As used in this Article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
"County"
means the County of Kaua'i.
"Person"
means any individual, corporation, association, partnership, firm, trustee, or legal representative.
"Search and rescue expenses"
means the same as defined in Hawai'i Revised Statutes Section 137-1.
"Warning or notice"
means the same as defined in Hawai'i Revised Statutes Section 137-1."
(Ord. No. 693, July 18, 1995; Ord. No. 991, July 20, 2015; Ord. No. 1155, December 12, 2023)
(a) 
Whenever the County engages in a search or rescue operation for the purpose of searching for or rescuing a person, and incurs search and rescue expenses therein, the County may seek reimbursement from the following:
(1) 
The person on whose behalf search or rescue operations were conducted, including the person's estate, guardians, custodians, or other entity responsible for the person's safety;
(2) 
A person who ultimately benefited from a search or rescue operation by being rescued; or
(3) 
Any entity responsible for placing the person in the position of danger for which the search or rescue operation was initiated.
(b) 
Reimbursement under Subsection (a) shall be allowed only if the need for search or rescue was caused by any act or omission by the person searched for or rescued, constituting intentional disregard for the person's safety, including, but not limited to, intentionally disregarding a warning or notice.
(Ord. No. 693, July 18, 1995; Ord. No. 991, July 20, 2015; Ord. No. 1155, December 12, 2023)
(a) 
County personnel and departments involved in a search or rescue operation shall keep an itemized record of all search and rescue expenses, and incident reports. Promptly after completion of any search or rescue operation involving search and rescue expenses of one thousand dollars ($1,000.00) or greater, the appropriate department shall transmit the record of search and rescue expenses, and incident reports to the Office of the County Attorney.
(b) 
Submission of Claim. The Office of the County Attorney, on behalf of the County, shall determine whether to submit a written itemized claim for the reimbursement of search and rescue expenses pursuant to Section 6-13.2. If a claim for reimbursement is sought, it shall contain a written notice that unless the amounts are paid in full within thirty (30) calendar days after receipt of the claim and notice, the County will file a civil action seeking recovery for the stated amount.
(c) 
Civil Suit. The County may bring a civil action for the recovery of all search and rescue expenses pursuant to this Article.
(d) 
Any search and rescue expenses recovered as a result of this Article shall be credited back to the appropriate department's budget for which rescue expenses were incurred. If the recovery is less than the amount claimed, and more than one (1) department incurred expenses, credit to each department involved shall be prorated in proportion to that department's expense.
(e) 
Any unexpended balance remaining in the various department's budget(s) as a result of this Article shall lapse at the end of the fiscal year.
(Ord. No. 693, July 18, 1995; Ord. No. 712, October 28, 1996; Ord. No. 1155, December 12, 2023)
(a) 
There is established a donations account to be known as the "Search and Rescue and Wildfire Response Donations Account," within the 251 Fund, into which shall be deposited all voluntary monetary contributions made by persons in support of County of Kaua'i search and rescue efforts and wildfire response. Funds deposited into this account are hereby deemed appropriated upon receipt and shall be expended to reimburse County departments and agencies for search and rescue expenses, and for wildfire response. The funds collected shall not lapse at the close of the fiscal year.
(b) 
The Search and Rescue Donations program may be promoted as an optional contribution in conjunction with the sale of camping permits, managed parking at County parks pursuant to Section 19-1.20, or other applicable user benefits as directed by the Fire Chief or the Director of Parks and Recreation.
(c) 
The Fire Chief, the Director of Parks and Recreation, or both, may adopt any rules pursuant to Hawai'i Revised Statutes Chapter 91 that are consistent with the provisions of this Article.
(Ord. No. 1155, December 12, 2023)