department of land and natural resources hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES

Amendment and Compilation of Chapter 13-146Hawaii Administrative Rules

August 14, 2020

SUMMARY

1. §13-146-6 is amended.

2. Chapter 13-146 is compiled.

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HAWAII ADMINISTRATIVE RULES

TITLE 13


SUBTITLE 6 STATE PARKS

CHAPTER 146

HAWAII STATE PARK SYSTEM

Subchapter 1 General Provisions

§13—146—1§13—146—2§13—146—3§13—146—4§13—146—5§13—146—6

§13—146—7§13—146—8§13—146—9§13—146—10§13—146—11§13—146—12§13—146—13§13—146—14§13—146—15§13—146—16§13—146—17§13—146—18§13—146—19

PurposeDefinitionsPenaltiesClosing of areasUser feesFees

Subchapter 2 Permitted & Prohibited Usesof the Premises

Abandonment and unattended propertyAgricultural use of premisesAircraftAnimalsHistoric property and burial sitesAudio devicesBoatingCampingCommunication equipmentDisorderly conductExplosivesFalse reportFirearms and other weapons

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FiresFishingGamblingGeological featuresGolfingIntoxication; drug incapacitationLost and found articlesMemorializationModelcraft operation; kite flyingParkingPicknickingPortable engines and motorsPublic propertyReport of injury or damageResidence prohibitedSanitation and litterSkating; skateboards; bicyclingRepealedSwimming; nudityTampering with vehicle or vesselMotorized vehicle operationWildlifeto 13—146-49 (Reserved)

Subchapter 3 Permits

General provisionsCamping permitsLodging permitsGroup use permitsSpecial use permitsto 13—146-64 (Reserved)

§13—146-65 Advertisements§13-146-66 Business operations§13-146-67 Commercial filming, photography,

and videotaping

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§13—146—20§13—146—21§13—146—22§13—146—23§13—146—24§13—146—25§13—14 6—2 6§13—146—27§13—14 6—2 8§13—14 6—2 9§13—146—30§13—146—31§13—146—32§13—146—33§13—146—34§13—146—35§13—146—36§13—146—37§13—146—38§13—14 6—3 9§13—14 6—4 0§13—146—41§~13—146—42

§13-146-50§13—146—51§13—146—52§13—146—53§13—146—54§~13—146—55

Subchapter 4 Commercial and PrivateOperations

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§13—146—68 Commercial activities

Subchapter 5 ‘lolani Palace StateMonument

§13-146—69 Purpose§13—146—70 ‘lolani Palace State Monument restrictions§13-146-71 ‘lolani Monument permit limits§13—146-72 Penalties

Historical Note: This chapter is based substantiallyupon chapter 13-145 entitled “Rules of the HawaiiState Park System.” [Eff 6/22/81; R 4/16/90]. Chapter13-145 was based substantially upon the Division ofState Parks Regulation 1 entitled, “Relating to theRegulation and Control of the State Parks System.”[Eff 12/9/43; am 8/12/76; R 9/28/81]

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§13—146—1

SUBCHAPTER 1

GENERAL PROVISIONS

§13-146-1 Purpose. The purpose of this chapteris to govern the use and protection of all lands, andhistorical and natural resources within the state parksystem. [Eff 4/16/90; comp 6/8/99; comp OCT 08 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-2 Definitions. As used in this chapterunless otherwise provided:

“Abandoned property” means any and all property,including personal property, items, materials,equipment, fixtures, motor vehicles or vessels thathave been left unattended on land owned or controlledby the State for a continuous period of more thantwenty—four hours without the written permission ofthe board or its authorized representative.

“Authorized representative” means any personauthorized by the board of land and natural resourcesto act for the board including the chairperson, deputydirectors, park administrators, park superintendents,park managers, and conservation enforcement officers.

“Board” means the board of land and naturalresources.

“Camper” means any person engaged in a campingactivity.

“Camping” means remaining within a designatedcamping area during closed hours or remaining within astate park while in possession of a sleeping bag,tent, tarpaulin, or other camping paraphernalia withinthe state park one hour after sunset until sunrise.

“Chairperson” means the chairperson of the boardof land and natural resources.

“Commercial activity” means the use of oractivity in a state park for which compensation isreceived by any person for goods or services or both

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§13—146—2

rendered to customers or participants in that use oractivity. Display of merchandise, demanding orrequesting gifts, money, or services, except asallowed by chapter 13-7, shall be consideredcommercial activity. Commercial activities includeactivities whose base of operations are outside theboundaries of the state park, or providetransportation to or from the state park.

“Compensation” includes, but is not limited tomonetary fees, barter, or services—in-kind.

“Department” means the department of land andnatural resources.

“Lodging” means cabin or shelter units availablein certain parks for rental to the public as temporaryliving quarters.

“Motorized vehicle” means a motor vehicle of anytype, including, but not limited to, automobiles,trucks, off highway vehicles such as all terrainvehicles, motorcycles, motor bikes, go—carts,motorcycles, motor scooters, mopeds, and dune buggieswhether the vehicle is licensed or unlicensed.

“Nude” means uncovered post—pubertal humangenitals, pubic areas, or the nipple or areola ofpost-pubertal human female breast.

“Picnic” means an outing with food provided bymembers of the group and eaten in the open.

“Premises” means any lands within the state parksystem.

“Recreational trailer” means a vehicle propelledby its own power or some independent power and used asa dwelling.

“State park system” means those public lands orlands under the control and management of the divisionof state parks.

“Vehicle” means every device in, upon, or bywhich any person or property is or may be transportedor drawn upon a roadway or highway, including mopeds,but excluding bicycles and devices other than bicyclesmoved by human power. [Eff 4/16/09; am and comp6/8/99; am 12/9/02; am 1/22/10; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §~171—1, 184—5)

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§13—146—3

§13-146-3 Penalties. Any person violating anyprovision of this chapter, or any term or condition ofany permit issued hereunder, shall be subject toadministrative, civil and criminal penalties, and anymaterials, tools, equipment, or vehicles used in theviolation may be seized and forfeited as provided byHRS section 184-5, section 199—7 and chapter 712A.[Eff 4/16/97; comp 6/8/99; am 1/22/10;comp OCT 0 8 2020 ] (Auth: HRS §184—5) (Imp:FIRS §~171—6, 171—6.4, 171—31.6, 184—5, 184—5.5, 199—7,712A—4)

§13-146-4 closing of areas. (a) The board orits authorized representative may establish areasonable schedule of visiting hours for all orportions of the premises and close or restrict thepublic use of all or any portion thereof, whennecessary for the protection of the area or the safetyand welfare of persons or property, by the posting ofappropriate signs indicating the extent and scope ofclosure. All persons shall observe and abide by theofficially posted signs designating closed areas andvisiting hours.

(b) Vehicles left unattended in closed areas maybe impounded by the board or its authorizedrepresentative at any time.

(c) All impounded vehicles shall be towed to aplace of storage. Towing, storage and other related13—146—7 costs shall be assessed pursuant to section290-11, HRb T~ am and comp 6/8/99;comp I (Auth: HRS §184—5) (Imp:HRS §184—5)

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§13—146—7

§13-146-5 User Fees. Fees, as set by the boardmay be charged for:

(1) Permits as noted in sections 13—146—50; 13—146—51; 13—146—52; 13—146—54; 13—146—66; 13—146—67; 13—146—68;

(2) Parking, and;(3) Entrance. [Eff and comp 6/8/99; am 1/22/10;

comp OCT 0 8 2U213 I (Auth: HRS§184—5) (Imp.: HRS §184—3)

(a) The following state parkshall be set according to theHawaii State Park System

Fee Schedule dated FebruaryHawaii State Park SystemSchedule dated February 4,

(b) For purposes of this section, the followingdefinitions shall apply:

“Commercial PUC vehicle” means a vehicle that isregulated by the Hawaii Public Utilities Commission.

“Resident” means a resident of the State with avalid State of Hawaii identification card or State ofHawaii driver’ ~~ense.” [Eff 12/24/15; am andcomp OCT 0 LULU I (Auth: HRS §184—5) (Imp: HRS§~l84—3, 184—5)

§13-146-7 Abandonment and unattended property.(a) No person shall abandon motor vehicles or

other property. All such property may be confiscated

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§13-146-6 Fees.camping and cabin feesamounts in “Exhibit 2.Camping and Cabin Rental4, 2020” and “Exhibit 3.Entrance and Parking Fee2 020.”

SUBCHAPTER 2

PERMITTED AND PROHIBITED USES OF THE PREMISES

146—7

§13—146—7

or impounded by the board or its authorizedrepresentative.

(b) In the event vehicles or other property leftunattended interferes with the safe or orderlymanagement of the premises, it may be impounded by theboard or its authorized representative at any time.

(c) All impounded vehicles shall be towed to aplace of storage. Towing, storage, and other relatedcosts shall be assessed pursuant to section 290-11,HRS.

(d) All impounded or confiscated property, otherthan vehicles, shall be moved to a place of storage,and the owner shall be assessed moving, storage, andother related costs. Additionally, the owner of thisproperty shall bear the responsibility for the risk ofany loss or damage to their property.

(e) Abandoned vehicles may be sold at publicauction pursuant to section 290—11, HRS. All otherimpounded or confiscated property shall be disposed ofpursuant to section 171-31.5, HRS. [Eff 4/16/90; amand comp 6/8/99; am 1/22/10; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §~171—31.5, 184—5,

2 90—11)

§13-146-8 Agricultural use of premises. Noperson shall run at large, herd, drive across, orgraze animals or use the premises for any otheragricultural purpose except under a valid lease,contract, or special use permit issued by the board.[Eff 4/16/90; comp 6/8/99; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

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§13—146—10

§13-146-9 Aircraft. No person shall land orlaunch aircraft, as defined in section 261—1, HRS,including airplanes, airships, balloons, gliders, hanggliders, helicopters, parachutes, dirigibles, andother similar means of conveyance except with thewritten permission of the board or its authorizedrepresentative or in the case of an emergency. [Eff4/16/90; am and comp 6/8/99; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-10 Animals. (a) No person shall enterthe premises with dogs, cats, and other animals unlessthey are crated, caged, on a leash which shall notexceed six feet in length, or otherwise under physicalrestrictive control at all times.

(b) No person shall enter public eating places,food stores, designated swimming areas, or beacheswith animals. The board or its authorizedrepresentative may also designate, by the posting ofappropriate signs, any portion of the premises whereanimals shall not be allowed. This section shall notapply to guide, signal, or service animalsaccompanying their masters.

(c) Persons responsible for any animal on thepremises shall also be responsible for the clean upand proper disposal of animal droppings, forrestoration and restitution for any damages caused bythe animal, and, if the animal is loose, forrestitution for any costs incurred in trapping andremoving the animal.

(d) No person shall have, possess, or ridehorses except in areas designated for this purpose bythe board or its authorized representative, by permitor appropriate signs. [Eff 4/16/90; am and comp6/8/99; am 1/22/10; comp OCT 0 8 2020 1 (Auth:HRS §184—5) (Imp: HRS §184—5)

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§13—146—11

§13-146-11 Historic property and burial sites.No person, natural or corporate or other legal entity,shall knowingly take appropriate, excavate, injure,destroy, or alter any historic property or burial sitein the state park system, provided, however, that:

(1) The board or its authorized representativemay permit a person to conduct activitiesthat would alter historic properties orburial sites; and

(2) The person issued the permit meetsprofessional qualifications established inaccordance with chapter 6E, Hawaii RevisedStatute, and its implementing administrativerules; and

(3) The person issued the permit possesses anannual permit to conduct archaeologicalactivities in Hawaii when archaeologicalactivities will be undertaken; and

(4) The work undertaken shall comply with allapplicable requirements of chapter 6E,Hawaii Revised Statues, and its implementingadministrative rules. [Eff 4/16/90; comp6/8/99; am 1/22/10; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §~6E—3, 6E—7,6E—8, 6E—11, 6E—43, 6E—43.6, 184—5)

§13-146-12 Audio devices. (a) No person shalloperate or use any audio device including, but notlimited, to radios, tape recorders, television setsmusical instruments, compact disc players, and noiseproducing devices such as electric generating plants,or other equipment driven by motors or engines in amanner and at times which creates excessive noise orannoyance to park users or others outside the premisesexcept with the written permission of the board or itsauthorized representative.

(b) No person shall operate or use publicaddress systems whether fixed, portable, or vehiclemounted, on land, water, and roadways except when the

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§13—146—14

use or operation is in connection with publicgatherings or special events for which permits havebeen issued by the board or its authorizedrepresentative or when the use is in conjunction withemergency or rescue operations. [Eff 4/16/90; comp6/8/99; comp OCT08 ~O2O I (Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-13 Boating. (a) No person shalloperate, leave unattended, beach, park, or launchvessels, as defined in section 200—6, HRS, includingbut not limited to boats, motorboats, houseboats,rowboats, powerboats, jet skis, sailboats, fishingboats, towboats, scows, flatboats, cruisers, motorvessels, ships, barges, tugs, floating cabanas, partyboats, charter boats, windsurfers, catamarans,ferryboats, canoes, rafts, kayaks, or any similarbuoyant devices permitting or capable of freeflotation where prohibited by the posting ofappropriate signs, except with written permission ofthe board or its authorized representative, or incases of emergency.

(b) No person shall moor or anchor vessels asdefined in subsection (a) without the writtenpermission of the board or its authorizedrepresentative, except anchoring in cases ofemergency. [Eff 4/16/90; am and comp 6/8/99;comp n~ n 8 ~ ] (Auth: HRS §184—5) (Imp:HRS §184-s)

§13-146-14 Camping. No person shall camp or userecreational trailers or other camper units, exceptwith the prior written authorization of the board orits authorized repres ~i~e7020[Eff 4/16/90; am andcomp 6/8/99; comp I (Auth: HRS§184—5) (Imp: HRS §184—5)

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§13—146—15

§13-146-15 Communication equipment. No personshall install or operate aerials, antennas,transmitters or other radio, telephone, television, orother communication equipment except hand held devicesor equipment installed within vehicles without thepermission of the board or its authorizedrepresent0~~v~~ 2~ff 4/16/90; am and comp 6/8/99;comp ] (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-16 Disorderly conduct. No person shallengage in disorderly conduct, as defined in section711—1101, HRS, within the premises. [Eff 4/16/90; amand comp 6/8/99; comp ~ n ~ ] (Auth:HRS §184—5) (Imp: HRS §~184~— , ~~1—1101)

§13—146-17 Explosives. No person shall use orpossess fireworks, firecrackers, or explosives, exceptwith the written permission of the board or itsauthorized representative and subject to federal,state, and county laws, ordinances, rules andregulations. [Eff 4/16/90; am and comp 6/8/99;comp OCT 08 2020 ] (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-18 False report. No person shall give afalse or fictitious report or other information to anyauthorized representative investigating an accident orany violation of law or administrati~e rule. [Eff4/16/90; comp 6/8/99; comp OCT 0 o 202u(Auth: HRS §184—5) (Imp: HRS §184—5)

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§13—146—20

§13-146-19 Firearms and other weapons. (a) Noperson shall use or possess bow and arrows, crossbows,firearms, pellet or BB guns, paintball guns,slingshots, or other implements designed to dischargemissiles except as provided herein.

(b) Firearms and other weapons may be used orpossessed if in accordance with section 13—146—41.The use or possession of firearms, and other weapons,when permitted, shall be subject to all federal,state, and county laws, ordinances, rules andregulations. Firearms and other weapons shall beunloaded when transported through nonhunting areas ofthe premises. [Eff 4/16/90; am and comp 6/8/99; am1/22/10; comp OCT 0 8 202D I (Auth: HRS §184—5)(Imp: HRS §184—5)

§13-146-20 Fires. (a) Fires are permittedonly:

(1) In picnicking and designated camping groundswhere the fire will be confined infireplaces or in grills;

(2) In other locations, including backcountry,wilderness, and remote sections of thepremises when a written permit has beensecured from the board or its authorizedrepresentative;

(3) On portions of the premises designated bythe board or its authorized representativefor fires. No permit is required for firesin the designated areas, which shall beposted; or

(4) In stoves or lanterns using gasoline,kerosene, propane, butane, wood, charcoal,briquettes, gas, alcohol or other fuels.

(b) No person shall allow a fire to burn in amanner that surrounding shrubs, grasses, trees, orother combustible matter, or structures will beburned, scorched, or damaged.

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§13—146—20

(c) When no longer needed, fires shall becompletely extinguished. No person shall leave a fireunattended.

(d) No person shall discard unextinguishedcigarettes, cigars, pipe heels, matches, live coals,or other burning material, provided, however that livecoals may be deposited in ash pits wherever they areprovided. [Eff 4/16/90; am and comp 6/8/99;comp OCT 08 2020 ] (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146—21 Fishing. Unless specificallyrestricted herein or by other administrative rule, aperson may fish or take mollusks and crustaceans,subject to all applicable federal, state, and countylaws, ordinances, rules and regulations. [Eff4/16/90; am and comp 6/8/99; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-22 Gambling. No person shall gamble oroperate gambling devices. [Eff 4/16/90; comp 6/8/99;comp OCT 0 8 2020 ] (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-23 Geological features. No person shalldestroy, disturb, or mutilate any geological featuresor dig or remove sand, earth, gravel, mineral, rock,fossil, coral, or any other substance except fordigging in sand areas of beaches or as provided insection 13—146—32 (f) . No person shall excavate orquarry any stone, or lay, set, or cause any blast orexplosion, or assist in these acts, except as providedby law or with the written permission of the board orits authorized representative. [Eff 4/16/90; am andcomp 6/8/99; comp I (Auth: HRS

OCT 0 8 2020

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§13—146—27

§184—5) (Imp: HRS §184—5)

§13-146-24 Golfing. No person shall play golf,or hit or drive golf balls except in areas designatedfor those ~tivities. [Eff 4/16/90; comp 6/8/99;comp L1.T 0 8 2020 1 (Auth: HRS §184—5) (Imp:HRS §184—5)

§13-146-25 Intoxication; drug incapacitation.(a) No person shall use or possess narcotics or

drugs, provided that a person may use or possess drugslegally prescribed by a physician. No person shallenter or remain within the premises when manifestlyunder the influence of alcohol, narcotics, or drugs.

(b) No person shall use or possess alcoholexcept with written permission of the board or itsauthorized representative. [Eff 4/16/90; comp 6/8/99;comp OCT 0 8 2020 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-26 Lost and found articles. Any personfinding lost articles shall deposit them at thenearest police station, leaving their name andaddress. [Eff 4/16/90; comp 6/8/99;comp OCT 0 8 2020 (Auth: HRS §184-5) (Imp:HRS §184—5~Y

§13-146-27 Memorialization. No person shallinstall any monument, memorial, tablet, or othercommemorative installation, except with the written

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§13—146—27

permission of the board or its authorizedrepresen~ative. [Eff 4/16/90; comp 6/8/99;comp ~JCT 0 8 2020 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-28 Modeicraft operation; kite flying.No person shall operate motorized aircraft,automobile, watercraft and other similar models exceptwith the, written permission of the board or itsauthorized representative. Kites shall not be flownwhere kite flying is specifically prohibited by theposting of appropriate signs. [Eff 4/16/90; comp6/8/99; comp OCT 0 8 2O2~ (Auth: HRS §184—5)(Imp: HRS §184—5) U

§13-146-29 Parking. (a) No person shall park,stop, or stand vehicles except on roads and parkingareas laid out, designed, or provided for parking.All persons shall observe the official traffic signs,wherever posted, restricting the parking, stopping, orstanding of vehicles. No person shall reserve parkingspaces without the permission of the board or itsauthorized representative.

(b) No person shall park vehicles in designatedhandicapped stalls without a disabled persons placarddisplayed in that vehicle.

(c) No person shall park vehicles beyond thetime limit indicated by the posting of appropriatesigns.

(d) In the event a vehicle is parked in a mannerthat interferes with the safe or orderly management ofthe premises, or is parked in violation of anyprovision in this section, it may be impounded by theboard or its authorized representative at any time.

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§13—146—32

(e) All impounded vehicles shall be towed to aplace of storage. Towing, storage, and other relatedcosts shall be assessed pursuant to section 290-11,HRS. [Eff 4/16/90; am and comp 6/8/99;comp OCT 08 2020 1 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-30 Picnicking. A person may picnicexcept in designated campgrounds and in thoselocations prohibited by the board or its authorizedrepresentative by the posting of appropriate signs.The board or its authorized representative may alsoestablish reasonable limitations on the length of timeany person may use picnicking facilities by theposting of appropriate signs when limitations arenecessary for the accommodation of the general public.[Eff 4/16/90; comp 6/8/99; comp (W7 o 8 2~(Auth: HRS §184—5) (Imp: HRS §184’—”~) ULU

§13-146-31 Portable engines and motors. Noperson shall operate or use a portable motor drivenelectric generating plant, pump, compressor, or anyother equipment driven by a portable engine or motorwithout written permission from the board or itsauthorized representative. [Eff 4/16/90; comp 6/8/99;comp OCT 0 8 2020 1 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-32 Public property. (a) No personshall destroy, deface, or remove any natural orhistorical feature or natural or historical resource.

(b) No person shall intentionally or wantonlydestroy, injure, deface, remove, disturb, or possess

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§13—146—32

in any manner any public building, sign, equipment,monument, marker, or other structure.

(c) A person may gather or collect for personaluse, reasonable quantities of natural products of arenewable nature, including, but not limited to,seashells, fruits, berries, flowers, seeds, pinecones, seaweeds, driftwood, and marine objects ofnatural origin; provided, that the board or itsauthorized representative may establish seasons forpicking of plums on Kauai. No person shall gather orcollect these products for the purpose of sale. Thequantities of these products may also be restricted bythe board or its authorized representative.

(d) A person may only gather dead material onthe ground for use as fuel in campsites or picnicareas, except where gathering is prohibited by theboard or its authorized representative by the postingof appropriate signs.

Ce) No person shall damage, destroy, dig,remove, or possess any tree, shrub or other plant,except for noxious weeds, as defined in chapter 4-68unless authorized by the board or its authorizedrepresentative at any time.

(f) A person may gather or collect smallquantities of pebbles or small rocks by hand forpersonal use, except in prohibited areas which shallbe posted. The quantities of these items, however,may be restricted by the board or its authorizedrepresentative. No person shall collect these objectsfor the purpose of sale.

(g) No person shall introduce animals, fish, orplants, including their reproductive bodies, into thepremises.

(h) No person shall possess or use a mineral ormetal detector, magnetometer, or other metal detectingdevice except on sand areas of beaches. [Eff 4/16/90;am and comp 6/8/99; am 1/22/10; comp 8 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

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§13—146—35

§13-146-33 Report of injury or damage. Allincidents resulting in injury or death to persons ordamage to property shall be reported as soon aspossible to the board or its authorizedrepresentative. This report does not relieve personsfrom the responsibility of making any other reportwhich may be required under federal, state, or countylaws, ordinances, rules and regulations. [Eff4/16/90; am and comp 6/8/99; comp OCT 0 8 2020(Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-34 Residence prohibited. No personshall establish a temporary or permanent residence onthe premises except with a permit or other writtenagreement with the board. [Eff 4/16/90; comp 6/8/99;comp OCT 0 8 2020 1 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-35 Sanitation and Litter. (a) Allpersons shall dispose of garbage, trash, refuse, wastematerial, and rubbish of any kind only at placesdesignated for its disposal or shall remove it fromthe premises. No person shall remove refuse orgarbage from refuse containers nor remove or relocatethese containers.

(b) No person shall drain or dump garbage,trash, rubbish, refuse, or waste except in places orreceptacles provided for this use.

(c) A person may only clean food or wash cookingand eating utensils and clothes or articles ofhousehold use in designated areas.

(d) No person shall pollute or contaminate anywatershed, or water used for drinking purposes in anymanner.

(e) No person shall dispose of fish entrails or

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§13—146—35

other parts of fish or animals into salt waters withintwo hundred feet of boat docks or swimming areas orinto fresh waters or in areas of public concentration.

(f) No person shall deposit any body waste in oron any portion of any comfort station or other publicstructure except into customary and proper receptaclesprovided by the State or by the permittee for thatpurpose. No person shall place any bottle, can,cloth, rag, metal, wood, stone, or any foreignsubstance in any of the fixtures in the station orstructure. All comfort stations shall be used in aclean, sanitary, and orderly manner.

(g) No person shall urinate or defecate on thepremises other than in the toilet facilities provided.

(h) No person shall bring, carry, or transportgarbage, trash, rubbish, refuse, or waste from outsidethe premises for deposit or dumping on the premises.[Eff 4/16/90; am and comp 6/8/99; am 1/22/10;comp OCT 0 8 2020 1 (Auth: MRS §184-5) (Imp:HRS §184—5)

§13-146-36 Skating; skateboards; bicycling. Noperson shall roller skate, skateboard, or bicycle inareas where prohibited by the posting of appropriatesigns. [Eff 4/16/90; comp 6/8/99;comp OCT 0:8 2020 1 (Auth: HRS §184-5) (Imp:MRS §184—5)

§13—146-37 Repealed. [R 12/9/02]

§13-146-38 Swimming; nudity. (a) A person mayswim or bathe except in waters and at times wherethese activities are prohibited in the interest of

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§13—146—40

public health or safety. These waters shall bedesignated by posting of appropriate signs. No personshall bathe, swim, walk, sunbathe, or remain on thepremises in the nude, or take outdoor showers in thenude, except for bathing or changing clothes withinenclosed facilities provided for these purposes or forthe exposed breast of a nursing mother in the act ofbreastfeeding an infant.

(b) No person shall use flotation devices withindesignated swimming areas when prohibited by the boardor its authorized representative, by the posting ofappropriate signs.

(c) No person shall use surfboards and similardevices within the limits of designated swimming beachareas. [Eff 4/16/90; am and comp 6/8/99;comp OCT 0 8 2020 1 (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-39 Tampering with vehicle or vessel. Noperson shall tamper or attempt to tamper with anyvehicle, vessel, or other equipment, or enter or goupon, move, or manipulate any of the parts orcomponents of any vehicle, vessel, or other equipmentor start or set the same in motion, except when it isunder one~s lawful ownership or cont o~. [~f~4/16/90; am and comp 6/8/99; comp zO2u(Auth: HRS §184—5) (Imp: HRS §184—5)

§13-146-40 Motorized vehicle operation. (a) Noperson shall drive or operate any motorized vehiclesincluding but not limited to, automobiles, trucks,vans, off highway vehicles such as all terrainvehicles, motorcycles, motor bikes, mopeds, scooters,and trail bikes except on designated trails and roadsthat are managed for motorized use, provided, however,

14 6—2 1

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§13—146—40

that the use of a motorized wheelchair by anindividual whose disability requires the use of awheelchair shall not be considered driving oroperating a motorized vehicle.

(b) No person shall drive or operate anymotorized vehicles faster than posted speed limits, orin a reckless manner, or in a manner that endangersany person or property, or damages park resources.

(c) No person shall drive or operate motorizedvehicles or any other motorized or drawn equipmentover, on, or across any road or bridge if the grossload of the vehicle exceeds the posted weight limitsunless authorized by the board or its authorizedrepresentative.

(d) No person shall drive or possess unlicensedvehicles and off highway vehicles in any park areaexcept for use on trails, roads and in other areasdesignated for off highway vehicle use by appropriatesignage. [Eff 4/16O!~T;Oa&~Ø~1 comp 6/8/99; am1/22/10; comp I (Auth: HRS§184—5) (Imp: HRS §184—5)

§13-146-41 Wildlife. No person shall molest,disturb, injure, trap, take, catch, possess, poison,introduce, or kill any wild bird or mammal, or disturbtheir habitat except when authorized by federal,state, and county laws, ordinances, rules, andregulations. [Eff 4/16/90; am and comp 6/8/99;comp OCT 0 8 2020 1 (Auth: HRS §184-5) (Imp:HRS §184—5)

§~13—146-42 to 13—146—49 (Reserved)

14 6—22

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§13—146—50

SUBCHAPTER 3

PE RM ITS

§13-146-50 General provisions. (a) Permitsgoverning the use of public facilities and areaswithin the premises shall consist of the followingtypes:

(1) Camping(2) Lodging(3) Group use(4) Special use(b) The board or its authorized representative

may issue permits. The following conditions shallapply to all permits:

(1) Permits shall be issued on a first—comefirst—served basis. The board or itsauthorized representative may withhold aportion of the available permits to beissued to walk—in applicants on a first—comefirst-served basis.

(2) All responsible persons eighteen years ofage or older shall be eligible to securepermits.

(3) Permits shall be obtained by the meansdetermined by the board, including, but notlimited to, from the district offices of thedepartment, through concessionaires,telephone or electronically through theInternet.

(4) Permits obtained at the district officesshall be obtained between the hours of 8a.m. and 3:30 p.m. on regular working daysof the department.

(5) Permits are not transferable.(6) Persons or organizations to whom permits

are issued are bound by the permitconditions stipulated on or attached to thepermit and any applicable federal, state,

14 6—23

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§13—146—50

and county laws, ordinances, rules andregulations.

(7) The size of groups as well as the length oftime any permit may be in effect may belimited by the board or its authorizedrepresentative.

(8) Fees and charges as set by the board shallbe assessed for permits to defray the costof special facilities, services, or suppliesprovided by the State, or to meet otherconditions as the board or its authorizedrepresentative may prescribe to carry outthe provisions of chapter 184, HRS. Chargesmay be waived by the board if, in theiropinion, the waiver is in the publicinterest and benefits the State.

(9) All payments of fees and charges shall be inU.S. funds, and by credit card, in cash,cashier’s check, certified check, traveler’scheck, postal money order, or bank moneyorder, provided that personal or businesschecks may be used to pay for events thatwill occur thirty or more days after thedate of the payment.

(10) All permittees shall, upon request, show thepermit to any law enforcement officer, theboard or its authorized representative.

(11) Other procedures, terms and conditionsdeemed by the board or its authorizedrepresentative necessary to carry out theprovisions of chapter 184, HRS, thischapter, or any applicable federal, state,or county statute, ordinance, or rule.

(c) Permits may be denied when:(1) The premises or park facilities are closed

or will be closed because of damages, orbecause of scheduled or ongoingconstruction, repairs, or maintenanceactivities, or because of other reasons.

(2) A state of emergency is declared by the

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§13—146—51

board or other proper authorities.(3) Natural or civil disturbances occur or

threaten to occur, including, but notlimited to, tsunamis, floods, earthquakes,storms, riots, demonstrations, and employeestrikes.

(4) There are inadequate facilities to meet theneeds of the applicant for the permit.

(5) The premises or facilities will be used byother permittees.

(6) The applicant has a prior record ofnoncompliance with permit conditions orviolations of this chapter.

(d) Permits may be denied, canceled orterminated at any time without advance notice when:

(1) A state of emergency is declared by theboard or other proper authorities.

(2) Natural or civil disturbances occur orthreaten to occur, including, but notlimited to, tsunamis, floods, earthquakes,storms, riots, demonstrations, and employeestrikes.

(3) Permittees violate or have previouslyviolated permit conditions or provisions ofthis chapter within a year of a permitapplication.

(4) Fees, as required, are not paid. [Eff4/16/90; am and comp 6/8/99; am 1/22/10;comp OCT 0 8 2020 1 (Auth: HRS §184-5)(Imp: HRS §184—5)

§13-146-51 Camping permits. (a) The followingprovisions shall apply to camping:

(1) Camping and the use of recreationaltrailers or other camper units is onlypermitted at locations designated by theboard or its authorized representative.

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§13—146—51

(2) The board or its authorized representativemay establish check-in and check-out timesfor camping facilities.

(3) The installation or construction ofpermanent camping facilities is prohibitedexcept as authorized by the board or itsauthorized representative.

(4) The digging or leveling of the ground atany campsite is prohibited except with thewritten permission of the board or itsauthorized representative.

(5) Camping equipment shall be completelyremoved and the campsite cleaned beforedeparture from the site.

(b) All persons, groups, organizations, orassociations desiring to camp shall obtain a campingpermit authorizing the use of specific camping areasand facilities:

(1) Applicants for camping permits shallprovide their name, address, telephonenumbers, identification numbers and thenames of all persons three years of age orolder covered by the permit, andidentification satisfactory to the board orits authorized representative, ifrequested.

(2) Each permit will reserve the use of thedesired camping area for a specified date ordates.

(3) Requests for camping permits andconfirmation of the same for state operatedcampsites shall be made either through theinternet, a direct visit to the districtoffices, by telephone, or through the mail.Reservations for campsites operated byconcessionaires shall be made directly withthe concessionaire.

(4) The maximum camping duration under each

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§13—146—51

permit at any one park or campground shallbe five consecutive nights.

(5) Persons three years of age or older shallhave their names printed on the permit tobe allowed to camp.

(c) Camping permits shall be denied when:(1) The size of the group exceeds the capacity

of the existing facilities; or(2) The applicant or any person to be covered

by the permit has camped in or has beenissued a camping permit for the same parkor campground within a period of thirtydays preceding the requested camping dates.

(d) No person, group, organization, orassociation shall remain at any one specified park,camping area, or backcountry, or in isolated sectionsof the premises for a period longer than fiveconsecutive nights; provided however, that the boardor its authorized representative may extend the stayfor good cause. The board or its authorizedrepresentative may establish lower maximum campingperiods for specific areas.

(e) Payment of fees and charges for campingpermits shall be set by the board and the followingshall apply:

(1) Payment of the total cost of camping isrequired to receive a permit. The feeshall be paid on the date the reservationis made.

(2) A service fee may be charged for permitissuance, changes to, or cancellation of anissued camping permit.

(3) Refund of the total cost of the permit lessany service fee, may be made through theinternet or by notifying the districtoffice, in writing, of the cancellation aminimum of fifteen days prior to the firstday of permitted use.

(4) Permits which are paid in full, and not

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§13—146—51

canceled by the permittee, shall remainvalid for the entire duration of the permitperiod. [Eff 4/16/90; am and comp 6/8/99;am 1/22/10; comp OCT 082020 1 (Auth:HRS §184—5) (Imp: HRS §184—5)

§13-146-52 Lodging permits. (a) All persons,groups, organizations, or associations desiring to usea cabin facility shall obtain a lodging permitauthorizing the use of specific cabin or cabins andfacilities:

(1) Applicants for lodging permits shall providetheir, name, address, telephone numbers andidentification numbers, and the names of allpersons three years of age or older coveredby the permit, and identificationsatisfactory to the board or its authorizedrepresentative, if requested.

(2) Each permit shall reserve the use of thecabin facility named in the permit for aspecified date or dates.

(3) Requests for lodging permits andconfirmation of the same for state operatedlodging units shall be made either throughthe internet, a direct visit to the districtoffices, by means of telephone, or throughthe mail. Reservations for lodging unitsoperated by concessionaires shall be madedirectly with the concessionaire.

(4) The maximum stay at any one or more cabinsin a specific park shall be five consecutivenights. The board or its authorizedrepresentative may extend the permit forgood cause.

(5) Persons three years of age or older musthave their names printed on the permit tobe allowed to stay in cabin facilities.

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§13—146—52

(b) A lodging permit shall not be issued if theapplicant or any person to be covered by the permithas occupied or will occupy a cabin in the same parkwithin a period of thirty days preceding the requestedlodging dates.

(c) Payment of fees and charges for lodgingpermits shall be as follows:

(1) Payment of the total cost of lodging isrequired to confirm the reservation. Thefee shall be paid on the date thereservation is made.

(2) A service fee may be charged for permitissuance, changes to, or cancellation of anissued lodging permit.

(3) A security deposit of $30 per cabin may berequired if an applicant for a lodgingpermit has a prior record of noncompliancewith the permit conditions or violations ofthis chapter. Refund of the securitydeposit will be made provided that thepermittee complies with permit conditionsand with this chapter.

(4) Refund of the total cost of the lodging,less any service fee, may be made throughthe internet or by notifying the districtoffice, in writing, of the cancellation aminimum of fifteen days prior to the firstoccupancy date designated on the permit.

(d) Lodging permits shall be issued subject alsoto the following conditions:

(1) Permittee shall be responsible for clean upof the cabin.

(2) Permittee shall be responsible for therepair or replacement of any missing ordamaged property.

(3) The department shall not be responsible forany personal article left or lost bypermittee.

(4) If the permittee fails to properly notify

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§13—146—52

the department or fails to occupy the cabinon the first scheduled day of occupancy, thepermit shall be canceled and any depositforfeited; provided that if the permitteeprepaid the entire rental fee, the permitwill remain valid for the entire duration ofthe permit period. [Eff 4/16/90; am and comp6/8/99; am 1/22/10; comp OCT 08 2020(Auth: HRS §184—5) (Imp: HRS §184—’5)

§13-146-53 Group use permits. (a) Any grouplarger than twenty-five members shall be required toobtain a group use permit to remain within thepremises.

(b) Group use permits may be denied to anyperson, group, organization, or association when spaceis inadequate to accommodate the group or as otherwiseprovided in 13-146—50.

(c) Group use permits shall set forth the dayand time the group shall be allowed to remain on thepremises as follows:

(1) Permits may be issued for hours between 7a.m. and midnight of the same day, exceptfor park areas that are normally closedbefore midnight.

(2) An earlier starting time may be granted bythe board or its authorized representativeto accommodate special functions.

(3) Minors below the age of eighteen may beallowed to remain on the premises on theirown, if the adult who secures the permit forthem will be responsible for them and alsoprovided that their use is between the hours7 a.m. to 7 p.m. of the same day. Minorsstaying beyond 7 p.m. in park areas thatnormally stay open past 7 p.m. shall beunder the supervision of adults on a tenminors to one adult ratio. All minors from

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§13—146—54

the same family, who are accompanied by atleast one of their parents, shall be allowedto remain in the area past the 7 p.m.deadline, where permitted, without regard tothe adult-minor ratio.

(d) The board or its authorized representativemay require the •permittee at the permittees own cost,to provide licensed security services or protection inthe interest of public safety and welfare and for theprotection of property, when the number of personsunder the permit is one hundred or more.[Eff 4/16/90; am and comp 6/8/99; comp OCT 0 8 2020 1(Auth:HRS §184—5) (Imp: HRS §184—5)

§13-146-54 Special use permits. (a) Specialuses shall be permitted only with a special use permitissued by the board or its authorized representative.Special uses are all types of uses other than camping,lodging, group use and activities permitted underchapter 13-7 which are considered compatible with thefunctions and purposes of each individual area,facility, or unit of the premises.

(b) Requests for permits for special uses shalleach be considered on its own merits, including itseffect on the park area, facilities, and the pubiic=suse and enjoyment.

(c) Special uses include but are not limited to:(1) Day use permits, commercial tours, and

weddings; and(2) Such activities as assemblies, carnivals,

celebrations, concerts, demonstrations,festivals, gatherings, meetings, pageants,parades, and other community or ethnicoriented events, or activities, or otherspectator attractions that are open to thegeneral public or to restricted groups.[Eff 4/16/90; am and comp 6/8/99;

146—31

§13—146—54

OCT 0.8 2020am 1/22/10; comp I (Auth:HRS §184—5) (Imp: HRS §184—5)

§~13-146-55 to 13-146-64 (Reserved)

SUBCHAPTER 4

COMMERCIAL AND PRIVATE OPERATIONS

§13-146-65 Advertisements. No person shalldisplay, post, or distribute notices oradvertisements, except with the prior writtenpermission of the board or its authorizedrepresentative. Permission may be granted only if thenotice or advertisement relates to services, goods, orfacilities available within the premises and thenotices and advertisements are found by the board orits authorized representative to be desirable andnecessary for the convenience and guidance of thepublic, or as allowed by chapter 13—7. [Eff 4/16/90;am and comp 6/8/99; comp OCT 08 2020 1 (Auth:§184—5) (Imp: §184—5)

§13-146-66 Business operations. No person shallengage in or solicit any business, except inaccordance with the provisions of a permit, contract,license, lease, concession, or other written agreementwith the board or its authorized representative, or asallowed by chapter 13-7. [Eff 4/16/90; am and comp6/8/99; comp OCT 08 2020 1 (Auth: HRS §184—5)(Imp: HRS §184—5)

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§13—146—69

§13-146-67 Commercial filming, photography, andvideotaping. (a) Before any motion picture is filmedor any video recordings, television production, orsound track is made, which involves the use ofprofessional casts, models, settings, or crews, by anyperson other than bonafide, newsreel or newstelevision personnel, a person shall obtain a writtenpermit approved by the board or its authorizedrepresentative which shall be subject to the terms,conditions, and fees set by the board.

(b) Before any still photograph may be taken bya commercial photographer for commercial purposes, aperson shall obtain a written permit approved by theboard or its authorized representative. The permitshall be subject to terms, conditions, and fees set bythe board. J~E f 4J15/90; am and comp 6/8/99;comp OCT U 202ii (Auth: HRS §184-5) (Imp:HRS §184—5)

§13-146-68 Commercial activities. No personshall engage in commercial activities of any kind,without a written permit from the board or itsauthorized representative. [Eff 12/09/02;comp OCT 8 1 (Auth: §184-5) (Imp:§184—5)

SUBCHAPTER 5

‘IOLANI PALACE STATE MONUMENT

§13-146-69 Purpose. The purpose of thissubchapter is to provide rules specific to the ‘lolaniPalace State Monument in order to recognize, protect,

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§13—146—69

and preserve the historic and cultural significance ofthe Monument and to meet the Monument’s educationalmission to preserve the character of the era ofHawaii’s monarchy.

‘lolani Palace State Monument (‘lolani Monument)consists of ‘lolani Palace, Barracks, CoronationPavilion, Kanaina Building (Old Archives Building),Kekauluohi Building (State Archives Building) andGrounds consisting of 11 acres of land, including theperimeter wall and wrought iron fence bordered by KingStreet, Likelike Street, Hotel Street Mall andRichards Street.

‘lolani Monument is one of the most importanthistorical and cultural resources in Hawaii. Beforethe arrival of the missionaries in the 1820’s, aHawaiian temple or heiau, known as “Kaahimauili,” wassited in this area. Later, a small mausoleum was builton the grounds to house the remains of King Liholihoand Queen Kamamalu. While the remains of these Royaltywere moved to their new resting place in 1865,accounts state that the bones of certain chiefs remainon the site. King Kalakaua, out of respect for thissacred and hallowed place, raised a mound over it.Hawaiian culture demands great respect and care forthe location of ancient burial sites of Hawaiianchiefs.

In 1882, ‘lolani Palace was built and served tohouse Hawaii’s last Monarchs, King Kalakaua and QueenLili’uokalani. This is the only palace of officialroyal residence in the United States. It is listed inthe National Register of Historic Places anddesignated a National Historic Landmark. The Statedesignated the area a Monument in recognition of itshistoric importance, and to utilize these uniqueresources to educate and promote awareness of thehistoric and cultural character of the era of theHawaiian monarchy.

The Friends of ‘lolani Palace, a non-profitorganization which acts as the State’s steward of thePalace under a lease agreement, holds the official

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§13—146—70

designation as the State of Hawaii Museum of MonarchyHistory. Their mission is, “To preserve, restore,interpret, share and celebrate the unique cultural,historic and spiritual qualities of ‘Tolani Palace andits Grounds for the benefit of Native Hawaiians, thePeople of Hawaii and the world.”

‘lolani Monument also includes the KekauluohiBuilding, the Hawaii State Archives Building. TheArchives houses thousands of priceless andirreplaceable records generated by the State and theformer territorial government and monarchy.

‘lolani Monument is a public gathering site.People are welcome to gather on the Grounds and tohave limited and managed access to the Palace,Archives, Barracks and Coronation Pavilion. However,the sacred cultural sites, the rare historicresources, and the mission of the entire ‘lolaniMonument to maintain the historic character of theMonarchy era, requires specific rules dedicated toprotect and preserve the character, buildings,cultural sites and grounds for future generations.These rules serve the significant government interestof protecting the Monument and the safety of thepersons who visit it. The Monument and the valuablehistoric property and records it holds must bepreserved for the use and enjoyment of all of thepeople of Hawaii and visitors to the islands forgenerations o come. [Eff 10/30/08;comp OCT 0 2020 1 (Auth: HRS §184-5) (Imp: HRS§~6E—7, 6E—35, 171—6, 184—5)

§13-146-70 ‘lolani Palace State Monumentrestrictions. (a) All other rules in this chaptershall apply to ‘lolani Palace State Monument except asprovided herein. These rules do not infringe upon anyrights or privileges to gather and express opinion asprovided by Chapter 13—7. However, these rules govern

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§13—146—70

the time, place and manner in which such activitiesmay occur for the purposes stated herein.

(b) The following shall be prohibited:(1) obstructing public access to the grounds,

buildings, or structures;(2) access on or in the Burial Mound located in

the Diamond Head-Makai quadrant, as designedon the map attached as Exhibit 1;

(3) unauthorized occupation of any structure onthe grounds, including but not limited to,‘lolani Palace, Coronation Pavilion, KanainaBuilding, ‘lolani Barracks Building and theKekauluohi (Archives) Building;

(4) entering or remaining on the grounds duringthe hours they are closed, provided thatpersons with parking permits issued by thestate Department of Accounting and GeneralServices may enter and exit during the hoursthe grounds are closed for the purposes ofparking and removing their cars;

(5) engaging in any activity so as to obstructor impede pedestrians or vehicles, or harassor intimidate visitors, volunteers oremployees traversing or on the premiseseither verbally or with physical contact orbarriers; including but not limited tohindering or interfering with the public’suse of one or more of the entry gates to thepremises or building entrances;

(6) interference with the public’s use of thepremises or facilities, including but notlimited to, the interpretive services,visitor services, government activities,enjoyment of the premises and programs bythe general public;

(7) signs of a size greater than twelve (12)square feet;

(8) signs or flags left in place on the groundsfor duration of greater than eight (8)hours;

146—36

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§13—146—70

(9) taking showers or bathing; V

(10) sale or consumption of alcoholic beverages,with the sole exception that the Friends of‘lolani Palace may allow alcohol atpermitted events for the purpose of meetingtheir mission, subject to the conditions andinsurance requirements established by thedepartment under a lease agreement orpermit;

(11) gathering or collecting any material,natural or man—made, on the grounds orwithin the buildings;

(12) weapons of any type, except thosespecifically permitted by the Department forceremonial and reenactment events;

(13) climbing, trimming or cutting any tree;(14) washing and polishing vehicles.(c) The following activities and items shall be

permitted but only with a permit issued by thedepartment and subject to the limitations contained inthis Subchapter:

(1) activities with permits issued under chapter13—7. Chapter 13-7 permits for the use of anarea of the ‘lolani Monument shall besubject to all of the provisions of §13—146—71 and §13—146—72;

(2) amplified music, amplified noise, or anykind of loudspeaker in excess of the noiselimits of this Subchapter;

(3) barbeques and cooking;(4) constructing, manufacturing, or repairing

anything on the premises;(5) animals, including animals on leashes,

except for service, guide, or signalanimals;

(6) weddings;(7) overnight parking, unless the person has a

parking permit for the area issued by theDepartment of Accounting and General

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§13—146—70

Services;(8) use of an artificial light source on the

grounds;(9) tents, awnings or similar structures;(10) operating a generator;(11) signs, flags or bunting applied to any

building, wall, fence, or gate provided thatthe department may require insurance priorto authorizing posting on any historicalstructure;

(12) portable toilets.(d) The department shall issue permits for the

Monument on a first come first serve basis. In theevent multiple permits are requested, the departmentshall accommodate the requests provided space isavailable and the historic structures and theircontents are not jeopardized. The department shallissue permits without unreasonable delay, but no morethan two business days after receipt of any permitapplication for a HAR 13—7 activity at ‘lolaniMonument, and no more than forty-five days for otherpermits.

(e) Entry to ‘lolani Palace shall be only by:(1) admission ticket issued by the Friends of

‘lolani Palace;(2) permit issued by the department;(3) a representative of the department or an

authorized representative of the Friends oflolani Palace.

(f) Public parking on the grounds of ‘lolaniPalace State Monument may be restricted by thedepartment due to activities on the grounds or by theDepartment of Accounting and General Services formaintenance pur~~oses. [Eff 10/30/08;comp OCT 0 ~ 2020 1 (Auth: HRS §184-5) (Imp:HRS §~6E—7, 6E—35, 171—6, 184—5)

§13-146-71 ‘lolani Monument Permit Limits.Permits for items or activities listed under §13—146-

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§13—146—71

70(c) and any permits issued for the ‘lolani Monumentunder Title 13, Chapters 7 and 146, HawaiiAdministrative Rules, shall be subject to thefollowing limitations:

(a) Time Limits: Permits shall not exceed aperiod of three (3) days in any seven (7) day period,with the sole exception that the Friends of ‘lolaniPalace may allow signs, flags or bunting to be appliedto the historic structures for longer periods aspermitted by the department for the purpose of meetingtheir mission, subject to the conditions and insurancerequirements established by the department under alease agreement or permit. An individual or group maybe limited in the number of permits issued in a givenmonth based on the ability to accommodate multiplepermit requests. Permits shall not be granted duringthe hours the Monument is closed, with the exceptionof state holidays and Sundays when permits may beissued for educational and commemorative activities;

(b) Noise Limits: Amplified music or noise maybe limited to no more than 60 dba (decibels “A”weighted) during the period of tours of ‘lolani Palaceand the Royal Hawaiian Band concerts on the premises,and no more than 75 dba (decibels “A” weighted) at anyother time period;

(c) Location Limits: Permits issued for the‘lolani Monument shall be limited to an areadesignated by the department. Permits issued underTitle 13 Chapter 7 for the ‘lolani Monument shall belimited to the two Ewa quadrants on Monday-Thursday,and to the Ewa-Mauka quadrant on Fridays, asdesignated on the map attached as Exhibit 1, in orderto avoid interference with the ‘lolani Palace toursand the Ro4al ~Iawa±ian Band concerts. [Eff 10/30/08;comp OC~ 0 0 2020 1 (Auth: HRS §184-5) (Imp:HRS §~6E—7, 6E—35, 171—6, 184—5)

14 6—39

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§13—146—72

§13-146-72 Penalties. Permits issued underTitle 13, Chapters 7 and 146, Hawaii AdministrativeRules, for ‘lolani Monument may be subject to permitrevocation if the terms and conditions of the permitare violated. Persons who have violated permitconditions or the rules may be ordered by thedepartment to leave the Monument. Permittees who haveviolated permit conditions or the rules may be deniedfuture permits for ‘lolani Monument or subject to theimposition of additional permit restrictions. [Eff10/30/08; comp OCT 082020 ] (Auth: HRS §184—5)(Imp: HRS §~6E—7, 6E—35, 171—6, 184—5)

14 6—40

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Amendments to and compilation of chapter 13-146,Hawaii Administrative Rules, on the Summary page datedAugust 14, 2020, were adopted on August 14, 2020,following a public hearing held on July 6, 2020, afterpublic notice was given in The Garden Island, theHawaii Tribune-Herald the Honolulu Star-AdvertiserThe Maui News, and West Hawaii Today on May 29, 2020

These rules shall take effect ten days afterfiling with the Office of the Lieutenant Governor

h

SUZA ~.E D CASEChairperson Board of Landand Natural Resources

Date ‘1~ 2CZ’t~

APPROVED

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GovernorState of Hawaii

Date g /~O)~QAPPROVED AS TO FORM

Deput~~ttorney General

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Chapter 13—146

Exhibit 2. Hawaii State Park System Camping and CabinRental Fee Schedule. (February 4, 2020)

Resident Fee Nonresident Fee

Camping Fees:

State Park CampingFees (except Na Pall $20.00 $30.00Coast SWP) night/campsite night/campsite

Na Pali Coast State $35.00Wilderness Park $25.00 perCamping Fees per person/night person/night

Cabin Rental Fees:

$70.00$40.00

Hapuna Beach S~ per night/A-Frame per night/A—Frame

Kalopa SRA, PolipoliSprings S~, $70.00 $100.00Wa±’anapanapa State

per night/cabin per night/cabinPark

Camping or CabinRental Change Fee $3.00 $3.00

Cancellation Fee $5.00 $5.00

Day Use PavilionRental Fees:

Large pavilions $250.00 flat(Capacity of 150 or day use feemore persons)

Medium pavilions(Capacity of 61—150 $15.00/hourpersons)

Small pavilions(Capacity of 60 or $10.00/hourfewer_persons)

14 6—43

~3313

Chapter 13—146

Exhibit 3. Hawaii Park System Entrance and ParkingFee Schedule. (February 4, 2020)

Entrance Fees

Residents: No charge

State Parks Nonresidents:$5.00 per person


State Monuments Nonresidents:$5.00 per person


State Recreational Areas Nonresidents:$5.00 per person


State Historic Parks Nonresidents:$5.00 per person


State Wilderness Parks Nonresidents:$5.00 per person

State Scenic Shorelines No charge

State Recreational Piers No charge

State Wayside Parks No charge

14 6—44

3373 ~

Chapter 13—146

Exhibit 3 (cont’d).

Parking Fees

State Parks

Residents: No chargePer noncommercial vehicle

Nonresidents:$10.00 per vehicle

Per commercial PUC vehicle

1 to 7 passengers per vehicle $25.00


26+ passengers per vehicle $90.00

State Monuments







14 6—45

~~313 ~

Chapter 13—146


Parking Fees (cont’d)

State Recreational Areas







State Historic Parks







14 6—4 6

5373 ~N

Chapter 13-146



State Wilderness Parks







State Scenic Shorelines

Per noncommercial vehicle No charge





14 6—47

3373 i4~

Chapter 13—146



State Recreational Piers

Per noncommercial vehicle No charge





State Wayside Parks







All State Park Facilities Overnight ParkingFee

Noncommercial vehicle $20.00

Commercial vehicle Prohibited

14 6—48

3373 l~

department of land and natural resources hawaii

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