The purpose of this Ordinance is to establish a new criminal trespass offense to protect against people remaining on improved and unimproved county land when it is closed or otherwise restricted or in the interest of public safety, to prevent a person from returning to county land when a person committed a violation of law, ordinance, or established rule or regulation on county land.
(Ord. No. 1169, April 9, 2025)
When used in this Article:
"County lands"
means all land owned by the County of Kaua'i through any of its departments or agencies.
"Improved County land"
means any County land, including but not limited to, any County structures, building, or facility: or alteration of the land by grading, dredging or mining that would cause a permanent change in the land or that would change the basic natural condition of the land. Land is not "improved County land" if it only has minor improvements, including utility poles, signage, and irrigation facilities or systems; or minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including fences, trails, or pathways. Land is not "improved County land" solely due to the performance of County maintenance activities on the land, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; or removal or securing of rocks or boulders undertaken to reduce risk to downslope properties.
(Ord. No. 1169, April 9, 2025)
A person commits the offense of criminal trespass onto County lands if:
(a) 
The person knowingly enters or remains unlawfully in or upon an improved County land when:
(1) 
The land is closed to public use and its closure hours are posted on a sign or signs on the improved County land, or after a reasonable warning or request to leave is made by any law enforcement officer or county employee; or
(2) 
The land is not open to the public and there are signs that are sufficient to give reasonable notice that read: "Government Property - No Trespassing"; or
(b) 
The person knowingly enters or remains unlawfully in or upon any County land and the County land has a sign, or signs displayed upon the land that are sufficient to give reasonable notice that read: "Government Property - No Trespassing";
For the purposes of this section, "reasonable warning or request" means a warning or request communicated in writing to a person which may contain but is not limited to the following information:
(i) 
A warning statement advising the person that the person's presence is no longer desired on the property for a period of one month from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to this subsection.
(ii) 
The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;
(iii) 
The name of the person giving the warning along with the date and time the warning was given; and
(iv) 
The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator;
(Ord. No. 1169, April 9, 2025)
Any person who violates Section 20-7.3, shall be penalized as follows:
(1) 
For a first offense, the person shall pay a fine of no more than one thousand dollars ($1,000), or serve a term of imprisonment of no more than thirty (30) days, or both; or
(2) 
For an offense that occurs within one (1) year of two (2) or more prior convictions for the same offense, the person shall pay a fine of no more than two thousand dollars ($2,000) or serve a term of imprisonment of no more than one (1) year, or both.
(Ord. No. 1169, April 9, 2025)