reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-131 Sidewalk project priority lists.

§264-131 Sidewalk project priority lists.
(a) The department of transportation shall maintain a priority list of statewide sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that may be better suited for individual communities. The priority list shall be updated no less than once per year.
(b) Each county's transportation department shall create and maintain a priority list of county sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that may be better suited for individual communities. The priority lists shall be updated no less than once per year.
(c) Each priority list required by subsections (a) and (b) shall include information about the type, cost, and location of the projects on the priority list.
(d) In establishing a priority list required by subsections (a) and (b), the department of transportation and each county's transportation department shall incorporate considerations for each project's:
(1) Cost;
(2) Impact on pedestrian safety;
(3) Importance to a larger pedestrian network; and
(4) Importance for providing first- and last-mile connectivity to transit.
(e) Each priority list required by subsections (a) and (b) shall be published on the respective websites of the department of transportation and each county transportation department. [L 2021, c 125, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-142 Ground transportation facilities.

§264-142 Ground transportation facilities.
(a)
The department shall develop and implement a plan for the establishment of the following:
(1) A contiguous network of motor vehicle highways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized and a priority and preference for access shall be given to public mass transportation;
(2) A contiguous network of bicycle and electric bicycle highways or pathways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized; provided that the bicycle and electric bicycle highways and pathways shall be separated and protected from vehicular traffic by physical or natural barriers or by meaningful distance or elevation; and
(3) A contiguous network of pedestrian highways or pathways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized; provided that the pedestrian highways and pathways shall be separated and protected from vehicular and bicycle traffic by physical or natural barriers, or by meaningful distance or elevation.
(b) Within each community the department shall coordinate with the applicable county to develop a comprehensive plan for the establishment of any portion of the following within the department or county's jurisdiction, as applicable:
(1) A contiguous network of bicycle and pedestrian pathways connecting all public schools and libraries in each school complex area to one another, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation;
(2) A contiguous network of bicycle and pedestrian pathways connecting commercial business and shopping hubs to residential areas, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation; and
(3) Pedestrian exercise and active health pathways of meaningful length in which intersections with other modes of transportation shall be minimized; provided that these pathways shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation, and easily accessible to residential and high density communities where appropriate. [L 2021, c 131, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-143 Ground transportation; project goals; reporting.

§264-143 Ground transportation; project goals; reporting.
(a)
When planning, designing, and implementing ground transportation infrastructure for each project pursuant to this part, the department shall endeavor to:
(1) Assess and maximize total throughput of people across all modes of transportation;
(2) Achieve any goals described in the complete streets policy adopted pursuant to section 264-20.5;
(3) Reduce vehicle miles traveled;
(4) Decrease the percentage of single occupancy vehicles in the State's mode share;
(5) Provide equity for all communities and users;
(6) Improve safety and achieve any goals described in the vision zero policy adopted pursuant to section 286-7.5;
(7) Reduce user cost of transportation;
(8) Improve public health;
(9) Reduce carbon emissions and greenhouse gasses to meet state renewable portfolio standards established in section 269-92 and zero emissions clean economy by 2045 pursuant to section 225P-5;
(10) Reduce urban temperatures by incorporating tree canopy and foliage over hardened surfaces; and
(11) Beautify public infrastructure.
(b) For each project planned by the department, the department shall create a report detailing:
(1) How each goal in subsection (a) was implemented;
(2) How each goal meets the overall goals of transportation infrastructure as outlined in subsection (a); and
(3) Any necessary deviations from the goals outlined in subsection (a) and the reasons for those deviations.
(c) No later than twenty days prior to the convening of each regular session, the department shall submit to the legislature a stand-alone report of, or include in any of the department's relevant annual reports to the legislature, the following:
(1) A list of all projects initiated, underway, or completed during the preceding calendar year;
(2) The status of each project initiated or underway during the preceding calendar year;
(3) The report for each project as required by subsection (b); and
(4) A progress update outlining the department's success in meeting the goals described in subsection (a). [L 2021, c 131, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-144 Highways; ground transportation; generally.

§264-144 Highways; ground transportation; generally.
The department shall provide for a safe, accessible, equitable, fully multimodal, and sustainable system of ground connections that ensures the accessibility of people and goods and improves economic vitality, public health, livability, and quality of life. [L 2021, c 131, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 265A. County Highways and Sidewalks › 265A-1 County authority.

§265A-1 County authority.
The several councils or other governing bodies of the several political subdivisions of the State shall have the general supervision, charge, and control of, and the duty to maintain and repair, all county highways, bikeways, and sidewalks and shall have the power to determine the terms under which irrigation or drainage ditches, flumes, railroads, including plantation railroads and similar structures, telephone, electric light and power lines and pipes and other conduits may be maintained upon, under, over, and across the same, and the councils or other governing bodies may make all regulations needful for the public convenience and safety in all cases where permission has been or may be granted to maintain the ditches, railroads, pipes, or other structures across, under, over, and upon all county highways. Any other law to the contrary notwithstanding, the several counties by ordinance may take over, or receive by dedication or otherwise, any private street or way or may improve, grade, repair, or do any construction work upon private streets, ways, pavement, water lines, street lighting systems, or sewer repairs. [L 1981, c 4, §2; am L 1988, c 263, §9]
Cross References
Driving or parking upon bikeway, see §291C-123.
Driving upon sidewalk, see §291C-148.
Attorney General Opinions
County highways on Hawaiian Home Lands required to be maintained by counties but title not transferred. Att. Gen. Op. 86-15.
State not required to share cost of maintaining public highways. Att. Gen. Op. 86-15.
Case Notes
While the fact that the privately owned road was platted on a subdivision map, that this section authorized counties to repair and maintain private streets, and §46-16 authorized counties to regulate traffic on private streets, and each of these factors was significant in determining which party or parties had control of the private roadway, appellate court erred in concluding as a matter of law that defendant property owners did not control roadway and thus had no duty to maintain, repair, or warn of a dangerous condition; the issue of control of the roadway was a question of fact for the jury. 103 H. 385, 83 P.3d 100 (2004).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-1 Department of transportation; harbors; jurisdiction.

Revision Note
Part I designation added by revisor in view of addition of Part II by L 1980, c 126, §2.
§266-1 Department of transportation; harbors; jurisdiction.
All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roadsteads shall be under the care and control of the department of transportation.
For the purpose of this chapter, "commercial harbor" means a harbor or off-shore mooring facility which is primarily for the movement of commercial cargo, passenger and fishing vessels entering, leaving, or traveling within the State, and facilities and supporting services for loading, off-loading, and handling of cargo, passengers, and vessels. [L 1911, c 163, §1; am L 1915, c 169, §1; ratified, March 28, 1916, c 54, 39 Stat 39; RL 1925, §832; RL 1935, §1730; am L 1941, c 142, §1; RL 1945, §4981; am L 1951, c 22, §1; RL 1955, §112-1; am L Sp 1959 2d, c 1, §26; HRS §266-1; am L 1985, c 104, §1; am L 1986, c 57, §1; am L 1991, c 272, §8]
Cross References
Functions, generally, see §26-19.
Attorney General Opinions
Title to land formerly below high-water mark reclaimed by riparian owner belongs to State. Att. Gen. Op. 62-16.
Case Notes
State has care and control of all water and ocean below the high-water mark (or vegetation line). 66 H. 55, 656 P.2d 1336 (1982).
Cited: 73 H. 359, 833 P.2d 70 (1992).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-1.5 Honolulu harbor Piers 1 and 2; jurisdiction.

§266-1.5 Honolulu harbor Piers 1 and 2; jurisdiction.
Any law to the contrary notwithstanding, the department of transportation shall have jurisdiction and administrative authority over Honolulu harbor Piers 1 and 2 and the contiguous backup fast lands currently used for manifested cargo and passenger operations. This area is defined as all of lot 3 and parcels A and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; provided that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change. [L 2006, c 165, §3]
Note
Further requirements on conveyance of parcels at Piers 1 and 2. L 2006, c 165, §5.
Cross References
Foreign-trade zone; jurisdiction, see §212-5.5.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-1.6 Hana harbor; jurisdiction.

§266-1.6 Hana harbor; jurisdiction.
Notwithstanding any law to the contrary, the department of transportation shall have jurisdiction and administrative authority over Hana harbor, excluding its small boat ramp facility. The Hana harbor small boat ramp facility shall remain under the jurisdiction and administrative authority of the department of land and natural resources. [L 2008, c 200, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-2.2 Exemption from conservation district permitting and site plan approval requirements. Notwithstanding any law to the contrary, all work involving submerged lands used for state commercial harbor purposes shall be exempt from any permitting and site plan approval requirements established for lands in a conservation district. [L 2013, c 86, §1]

§266-2.2
Exemption from conservation district permitting and site plan approval requirements
. Notwithstanding any law to the contrary, all work involving submerged lands used for state commercial harbor purposes shall be exempt from any permitting and site plan approval requirements established for lands in a conservation district. [L 2013, c 86, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-2.5 Outdoor lighting.

§266-2.5 Outdoor lighting.
To the extent that it is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any harbor rule or standard relating to outdoor lighting at any harbor facility conflicts with any county ordinance or other rule regarding outdoor lighting, the more stringent requirement or standard shall govern all new installations of outdoor lighting. [L 2007, c 121, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-4 Limitation of powers.

§266-4 Limitation of powers.
The jurisdiction and powers conferred on the department of transportation are subject to such restrictions as may be imposed by the statutes of the State, and shall be exercised in accordance with the provisions thereof. [March 28, 1916, c 54, §4, 39 Stat 41; RL 1925, §837; RL 1935, §1735; RL 1945, §4985; RL 1955, §112-6; am L Sp 1959 2d, c 1, §26; HRS §266-4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-4.5 Disposition of public land; reservation of right of way.

§266-4.5 Disposition of public land; reservation of right of way.
Whenever any disposition of public land is made by the department of transportation, under its powers relating to public lands under its jurisdiction, to any persons, organizations, associations, corporations or clubs for recreational or social purposes, such leases, licenses, permits or right-of-entry, or any extensions thereof, covering the disposition of public lands shall contain provisions reserving adequate public right of way or public access to adjacent public areas over and across the public land disposed. [L 1970, c 101, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-6 Expenditures.

§266-6 Expenditures.
Expenditures by the department of transportation shall be made upon vouchers signed by the director of transportation; provided that the director, may, in writing, designate a qualified subordinate to sign vouchers, make routine reports, and perform other routine business duties, subject to the direction of the director, for whose acts the director shall be responsible.
The department may cause work to be performed by day labor or by contract or by any other method deemed by the department to be most advantageous to the State. [L 1947, c 72, §4; RL 1955, §112-7; am L Sp 1959 2d, c 1, §26; HRS §266-6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-7 Department; duties.

§266-7 Department; duties.
The department of transportation shall collect all moneys, fees, and dues paid to the State for wharfage, demurrage, and all other fees or compensation in respect to the entry, anchorage, and wharfage of all vessels and other craft entering into the ports of the State, and shall account for the same to the State as hereinafter provided. The department shall keep a full and complete record of the official acts of the department. [L 1911, c 163, §5; am L 1913, c 150, §3; RL 1925, §838; RL 1935, §1736; RL 1945, §4986; am L 1951, c 264, §2; RL 1955, §112-8; am L Sp 1959 2d, c 1, §26; HRS §266-7; am L 1978, c 231, §5; am L 1979, c 21, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-13 Dockage.

§266-13 Dockage.
(a) All watercraft:
(1) Lying idle alongside any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State; or
(2) Discharging or receiving freight or passengers on or from any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State, while made fast or lying alongside of the wharf, pier, bulkhead, quay, or landing;
shall pay to the department of transportation such rates of dockage as shall be fixed by the department.
(b) All watercraft that receive or discharge freight or passengers:
(1) From or upon any wharf, pier, bulkhead, quay, or landing, by means of boats, lighters, or otherwise, while lying at anchor or under steam in any bay, harbor, or roadstead; or
(2) While lying in any slip or dock belonging to or controlled by the State, but not made fast to or lying alongside any wharf, pier, bulkhead, quay, or landing;
shall pay such rates of dockage as shall be fixed by the department.
(c) Notwithstanding subsections (a) and (b), the department may waive dockage and other charges at any wharf, pier, bulkhead, quay, landing, slip, or dock belonging to or controlled by the State whenever:
(1) The governor declares a state of emergency; and
(2) The department determines that the waiver of dockage fees and other charges is consistent with assisting in the delivery of humanitarian relief to disaster-stricken areas of the State.
(d) Any watercraft leaving any wharf, pier, bulkhead, quay, landing, slip, dock, basin, or waters belonging to or controlled by the State without paying dockage and other charges, with intent to evade the payment thereof, shall be liable to pay double rates. [L 1913, c 150, §5; am L 1915, c 169, §4; RL 1925, §841; am L 1929, c 162, §1; RL 1935, §1739; RL 1945, §4991; RL 1955, §112-14; am L Sp 1959 2d, c 1, §26; HRS §266-13; am L 1995, c 99, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-14 Demurrage, lien, foreclosure.

§266-14 Demurrage, lien, foreclosure.
When any freight has remained upon any wharf, pier, bulkhead, quay, or landing for more than twenty-four hours, the department of transportation, in its discretion, may make demurrage charges for each subsequent day or part thereof that in its opinion are just and equitable.
The amount payable by any shipper or consignee for demurrage or other charges in respect of any freight shall be a lien on the freight, and the department may take and hold possession of any freight to secure the payment of the amount, and for the purpose of the lien, shall be deemed to have possession of the freight until the amount has been paid. If the charges due on freight are not paid within thirty days after being landed, the department may sell the freight at public auction and out of the proceeds retain the charges accrued, including the costs of public notice and sale, which latter shall be prorated upon the articles or lots sold in proportion to the amount received for each article or lot. Before any sale is made, the department shall give public notice of the time and place of sale at least once each week for three successive weeks in the county in which the place is located to which the freight is consigned or addressed, or by posting this notice at the courthouses of the district in which the place is located to which the freight is consigned or addressed. The notice shall contain a description of the property as near as may be, the name of the owner or consignee if known, the amount of charges due thereon, together with the time and place of sale. Any freight in its nature perishable may be sold by the department either at public or private sale as soon as its condition makes a sale necessary.
The surplus, if any, received from the sale, after paying any accrued freight charges on the freight, shall be paid to the owner or consignee, if known, and if not known, shall be deposited in the state treasury as a special fund. The fund shall consist of the surplus received from sales made under this section. At any time within one year thereafter, upon written demand and proof of identity satisfactory to the director, the director of finance shall pay the owner thereof the surplus. If this surplus is not claimed by the owner within one year after the date of sale it shall thereupon escheat to the State, and be transferred to the general fund of the State. [L 1915, c 169, §5; RL 1925, §842; RL 1935, §1740; RL 1945, §4992; am L 1955, c 53, §1; RL 1955, §112-15; am L Sp 1959 2d, c 1, § §14, 26; am L 1963, c 114, §1; HRS §266-14; gen ch 1985; am L 1998, c 2, §80]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-17 Rates, how fixed.

§266-17 Rates, how fixed.
(a) The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:
(1) Pay when due the principal of and interest on all bonds and other obligations for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, or which are otherwise payable from the revenue or from a special fund maintained or to be maintained from the revenue, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all bonds or other revenue obligations and interest thereon, which are payable from the special fund, including reserves therefor;
(2) Provide for all expenses of operation and maintenance of the properties, including reserves therefor, and the expenses of the department in connection with operation and maintenance; and
(3) Reimburse the general fund of the State for all bond requirements for general obligation bonds which are or have been issued for harbor or wharf improvements, or to refund any of the improvement bonds, excluding bonds, the proceeds of which were or are to be expended for improvements which are or will be neither revenue producing nor connected in their use directly with revenue producing properties.
(b) When weather, road closures due to special events, or road repairs do not permit the loading or unloading of passengers at Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the State shall be allowed to use Honolulu Harbor facilities on a space available basis, and the fees for the use of facilities shall be in accordance with the Hawaii administrative rules of the department of transportation relating to fees for use of facilities for private gain. [L 1931, JR 1; RL 1935, §1742; am L 1935, c 133, §1; RL 1945, §4996; am L 1947, c 72, §1; am L 1951, c 239, §1; RL 1955, §112-18; am L 1959, c 265, §15(a); am L Sp 1959 2d, c 1, § §14, 26; am L 1963, c 114, §1; am L 1967, c 221, §5; HRS §266-17; am L 1972, c 136, §1 and c 180, §3; am L 1976, c 221, §5; am L 1998, c 114, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-21.4 Marine inspections.

§266-21.4 Marine inspections.
(a) The department shall:
(1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state commercial harbors;
(2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state commercial harbors; and
(3) Approve a fee schedule for marine surveyors' inspections.
(b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection.
(c) Owners of vessels that fail the marine inspection may contest the inspection at an arbitration board of three approved inspectors and the original inspector. [L 1976, c 221, §8; am L 1991, c 272, §11; am L 2020, c 70, §16]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-21.5 Biosecurity, inspection, and cargo support facilities.

§266-21.5 Biosecurity, inspection, and cargo support facilities.
(a) The department of transportation shall provide space at commercial harbors for biosecurity and inspection facilities and to facilitate the safe and efficient movement of maritime cargo through the commercial harbors.
(b) The department and department of agriculture shall plan, design, and construct biosecurity, inspection, consolidation, deconsolidation, and treatment facilities for use by the department of agriculture to enhance the efficient and safe movement of imported and exported marine cargo, to include food [safety] and food security guidelines and standards. [L 2011, c 202, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-23 Acceptance of gifts.

§266-23 Acceptance of gifts.
The director of transportation may, with the approval of the governor, accept and receive gifts of personal property, which gifts shall be used for harbor purposes; provided that moneys received by the director, pursuant to the authority granted herein, shall be deposited into an appropriate fund or account before being used for harbor purposes. [L 1965, c 28, §2; Supp, §112-24; HRS §266-23]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-24 Enforcement.

§266-24 Enforcement.
(a) Every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:
(1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;
(2) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and
(3) Serve notices and orders.
(b) The department of transportation, in the name of the State, may enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State. [L 1967, c 68, §1; HRS §266-24; gen ch 1985; am L 1987, c 364, §2; am L 1988, c 62, §1; am L 1991, c 272, §12; am L 1996, c 128, §3 and c 296, §4; am L 2019, c 187, §3; am L 2021, c 183, §6; am L 2022, c 278, §44]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-24.1 Arrest or citation.

§266-24.1 Arrest or citation.
(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce the provisions of this part, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, shall in the discretion of the enforcement officer:
(1) Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or
(2) Take the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to include all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.
Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.
(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
(d) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.
If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.
(e) When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department of transportation whose name has been submitted to the prosecuting officer and who has been designated by the director of transportation to administer the oath. [L 1969, c 243, §1; am L 1970, c 188, §39; am L 1974, c 58, §2; gen ch 1985; am L 2020, c 70, §17]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-24.2 Vessels or property taken into legal custody; unauthorized control.

§266-24.2 Vessels or property taken into legal custody; unauthorized control.
No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department of transportation, with intent to defeat the custody, seizure, or detention, or impede, oppose, or defeat the process whereby the vessel or other property is under custody, seizure, or detention. [L 1978, c 82, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-26 Responsibility of vessel owner; evidence of unauthorized mooring.

§266-26 Responsibility of vessel owner; evidence of unauthorized mooring.
In any proceeding for violation of any statute or any rule adopted by the department pursuant to chapter 91 governing the mooring or placement of a vessel in the State, proof of ownership through:
(1) The state registration number; or
(2) The documented name or number of a vessel; or
(3) Any other identifying name or number;
affixed to a vessel involved in such violation shall constitute prima facie evidence that the owner of the vessel was the person who moored or placed the vessel at the point where, and during the time when, such violation occurred. [L 1977, c 54, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-27 Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings.

§266-27 Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings.
(a) No person shall moor a vessel in a state commercial harbor without obtaining a use permit; nor shall a person continue to moor a vessel in any state commercial harbor if the use permit authorizing the vessel to moor has expired or otherwise been terminated. A vessel moored without a use permit or with a use permit that has expired or been terminated is an unauthorized vessel and is subject to subsections (b) to (e).
(b) The department shall cause to be placed upon, or as near to the unauthorized vessel as possible, a notice to remove vessel, which shall indicate that the vessel is in violation of this section, the date and time the notice was posted, and that the vessel must be removed within seventy-two hours from the time the notice was posted.
(c) An unauthorized vessel may be impounded by the department at the sole cost and risk of the owner of the vessel, if such a vessel is not removed after the seventy-two-hour period or if during said period the vessel is removed and re-moored in said harbor or any other state commercial harbor without a use permit.
(d) Custody of an impounded vessel shall be returned to the person entitled to possession upon payment to the department of all fees and costs due, and fines levied by a court. In addition, the department, within seventy-two hours of impoundment, shall send by certified mail, return receipt requested, a notice of impoundment to the registered owner or operator of any impounded vessel. The owner or operator of an impounded vessel shall have ten days after receipt of notice of impoundment of the vessel to request in writing an administrative hearing. This administrative hearing is solely for the purpose of allowing the owner or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing must be held within five days of the department's receipt of the written request, excluding Saturdays, Sundays, and holidays designated under section 8-1. The department shall adopt rules pursuant to chapter 91 to implement the requirement for this post-seizure administrative hearing process.
(e) Any unauthorized vessel impounded under this section, which remains unclaimed by the person entitled to possession, the registered owner, or a lien holder for more than thirty days, may be sold by the department at public auction. Where no bid is received, the vessel may be sold by negotiation, disposed of as junk, or donated to any governmental agency. [L 1980, c 34, §1; am L 1988, c 103, §1; am L 1991, c 272, § §13, 14; am L 1994, c 117, §1; am L 1995, c 113, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-28 Fines arising from environmental protection and maritime transportation security violations.

§266-28 Fines arising from environmental protection and maritime transportation security violations.
Notwithstanding any other law to the contrary, any commercial harbor tenant or user, including any shipper or shipping agent, who violates any federal, state, or county law or rule relating to environmental protection or maritime transportation security pursuant to title 33 Code of Federal Regulations chapter 1 and thereby causes a fine to be levied by the United States Coast Guard upon the department, shall reimburse the department for the entire amount of the fine. The department may take such actions necessary to collect and deposit any amount reimbursable under this section into the harbor special fund, and may also demand reimbursement for costs or expenses incurred by the department resulting from enforcement of this section. [L 2007, c 139, §2; am L 2012, c 313, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-29 State harbors civil violations system; authorization.

§266-29 State harbors civil violations system; authorization.
(a) There is established, within the department of transportation, a state harbors civil violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.
(b) The department of transportation shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this section.
(c) Rules adopted pursuant to subsection (b) may include, but are not limited to, the following:
(1) Requirements for notice of state harbors infraction;
(2) A form of the answer that shall be made pursuant to a notice of state harbors infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;
(3) The action to be taken after an answer is received or when a person fails to answer the notice of state harbors infraction;
(4) Procedures for administrative hearings under this section;
(5) The imposition and enforcement of monetary assessments made pursuant to this section; and
(6) Means of assuring that the alleged violator who answers the notice of state harbors infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the state harbors civil violations system and waive the appeal provided for in section 91-14.
(d) Notwithstanding any other provision of law to the contrary, all state harbors infractions that the department of transportation identifies as subject to administrative penalties may be adjudicated pursuant to this section. [L 2012, c 313, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-30 General administrative penalties.

§266-30 General administrative penalties.
(a) Except as otherwise provided by law, the department of transportation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall not exceed $10,000 for each day of violation.
(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. Each day of each violation shall constitute a separate offense. [L 2012, c 313, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-31 Restriction of use of facilities.

§266-31 Restriction of use of facilities.
The department of transportation may delay or deny approval for port entry or departure for any vessel for which the department has received notice from a federal agency or other agency that the vessel or its crew has engaged in activity that has violated any federal, state, or county law or rule pertaining to environmental protection, maritime transportation, trafficking of illegal contraband, or the collection or extraction of undersea minerals unlicensed or unpermitted by the State; provided that the department may grant approvals for use of any commercial harbor facility by that vessel in coordination with the federal agency or other agency. [L 2023, c 59, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-51 Definitions.

§266-51 Definitions.
For the purpose of this part, if not inconsistent with the context:
"Remodeling" includes reconstruction, renovation, rehabilitation, improvement, betterment, or extension of a special facility.
"Special facility" means one or more buildings, structures, or facilities on land owned by the State for maritime and marine operations, including cargo handling and control; storage, repair, maintenance, and servicing of marine and marine-related equipment; processing and canning of fish and fish products; and offices and accommodations for the personnel and employees of persons engaged in maritime and maritime-related operations that are the subject of a special facility lease.
"Special facility lease" includes a contract, lease, or other agreement, or any combination thereof, the subject matter of which is the special facility. [L 1980, c 126, pt of §2; am L 1984, c 203, §1; am L 2020, c 70, §18]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-52 Powers.

§266-52 Powers.
In addition and supplemental to the powers granted to the department by law, the department may:
(1) With the approval of the governor, enter into a special facility lease or an amendment or supplement thereto whereby the department agrees with another person engaged in maritime and maritime-related operations to construct, acquire, remodel, furnish, or equip a special facility solely for the use by such other person to a special facility lease; provided that such special facility lease may be amendatory and supplemental to an existing lease between the department and such other person for the land upon which the special facility which is the subject of such special facility lease is to be situated;
(2) With the approval of the governor:
(A) Issue special facility revenue bonds in such principal amounts as may be necessary to yield the amount of the cost of any construction, acquisition, remodeling, furnishing, and equipping of any special facility; provided that the total principal amount of the special facility revenue bonds which may be issued pursuant to the authorization of this subparagraph shall not exceed $100,000,000; and
(B) Issue special facility revenue refunding bonds, without further authorization by the legislature, to refund outstanding special facility revenue bonds, including special facility revenue refunding bonds, or any part thereof, at or before the maturity or redemption date, issued pursuant to this part; provided that any issuance of the refunding bonds shall not reduce the amount authorized by the legislature as provided in paragraph (2)(A);
(3) Perform and carry out the terms and provisions of any special facility lease;
(4) Notwithstanding section 103-7 or any other law to the contrary, acquire, construct, remodel, furnish, or equip any special facility, or accept the assignment of any contract therefor entered into by the other person to the special facility lease;
(5) Construct any special facility on land owned by the State; and
(6) Agree with the other person to the special facility lease whereby any acquisition, construction, remodeling, furnishing, or equipping of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by such other person. [L 1980, c 126, pt of §2; am L 1984, c 203, §2; am L 1993, c 2, §1 as superseded by c 212, §1; am L Sp 1993, c 8, §55; am L 2004, c 216, §33]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-53 Findings and determination for special facility leases.

§266-53 Findings and determination for special facility leases.
The department shall not enter into any special facility lease unless the department shall first find and determine that:
(1) The special facility which is to be the subject of such special facility lease will not be used to provide services, commodities, supplies, or facilities which are then adequately being made available through the harbors system of the State;
(2) The use or occupancy of the special facility under such special facility lease would not result in the reduction of the revenues derived from the harbors system to an amount below the amount required to be derived therefrom by section 39-61; and
(3) The entering into of such special facility lease would not be in violation of or result in a breach of any covenant contained in any resolution or certificate authorizing any bonds of the State and the department then outstanding. [L 1980, c 126, pt of §2; am L 1993, c 2, §2 and c 212, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 266. Harbors › 266-54 Special facility lease.

§266-54 Special facility lease.
(a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the department shall contain provisions obligating the other person to the special facility lease:
(1) To pay to the department during the term of the special facility lease, whether the special facility is capable of being used or occupied or is being used or occupied by the other person, a rental or rentals at such time or times and in such amount or amounts as will be sufficient: to pay the principal and interest on all special facility revenue bonds issued for the special facility, to establish or maintain any reserves for such payments, and to pay all fees and expenses of the trustees, paying agents, transfer agents, and other fiscal agents for the special facility revenue bonds issued for the special facility.
(2) To pay to the department a ground rental equal to the fair market rental of the land, if the special facility is situated on land owned by the department.
(3) To either operate, maintain, and repair the special facility and pay the costs thereof or to pay to the department all costs of operation, maintenance, and repair of the special facility.
(b) Any moneys derived by the department pursuant to subsection (a)(1) shall be deemed revenues of the special facility. Any moneys received by the department pursuant to subsection (a)(2) and (3) shall be paid into the harbor special fund and shall not be nor be deemed to be revenues of the special facility.
(c) The term and all renewals and extensions of the term of any special facility lease (including any amendments or supplements thereto) shall not extend beyond the reasonable life of the special facility which is the subject of such special facility lease, as estimated by the department at the time of the entering into thereof, or thirty-five years, whichever is less.
(d) Any special facility lease entered into by the department shall be subject to chapter 171 and shall contain such other terms and conditions as the department deems advisable to effectuate the purposes of this part. [L 1980, c 126, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-1 Ferry system and facilities authorized.

§268-1 Ferry system and facilities authorized.
It being hereby declared that the establishment of a ferry system to provide the people of this State with an economic means of transportation is a public purpose, the department of transportation, hereinafter referred to as the department, may acquire by lease, charter, contract, purchase, condemnation, or construction, and partly by any or all of such means, and thereafter operate, improve, and extend, as a public undertaking and enterprise, a system of ferries between the islands of the State and connecting with the public streets and highways in the State, the system of ferries to include such boats, vessels, wharves, docks, approaches, landings, franchises, licenses, and appurtenances, as shall be determined by the department to be necessary or desirable for the efficient operation of a ferry system to best serve the public. In general the department shall have all the powers necessary or convenient to carry out effectively the purpose and provisions of this chapter. The department may acquire by purchase, condemnation, or construction and include in such ferry system such approaches and connecting roadways as may be deemed by the department advantageous in channeling traffic to points served by the ferry system. The department may enter into any contracts, agreements, or leases with any person, firm, or corporation whether public or private and thereby provide, on such terms and conditions as it shall determine, for the operation of any ferry or ferries or system thereof, whether acquired by the department or not. The department may further exercise the power of eminent domain for the acquisition of either real or personal property, necessary for the ferry system. [L 1963, c 186, §1; Supp, §114-1; HRS §268-1]
Cross References
Eminent domain, see chapter 101.