Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 210 - RULES, REGULATIONS, CHARGES, AND FEES FOR PARKS › Subchapter 1 - GENERAL PROVISIONS › Section 15-210-2 - Definitions

Current through June, 2024
As used in this chapter, the following words and terms
					 shall have the following meanings unless otherwise provided:
"Abandoned property" means any personal property that has
					 been left in, at, or on any Hawaii community development authority property
					 that is closed to the public, and/or the owner of the property is not otherwise
					 permitted to be on the premises. The property of a person violating these rules
					 and who is required to leave any Hawaii community development authority
					 property shall be deemed abandoned;
"Admission fees" means a fee, charge, or assessment levied
					 on permittees for the privilege of observing an event within the parks;
"Agent of the authority" means a person, persons or entity
					 authorized by the Hawaii community development authority to act on Hawaii
					 community development authority's behalf;
"Animals" means all animals wild and domestic;
"Authority" means the Hawaii community development
					 authority board established by section
					 206E-3,
					 Hawaii Revised Statutes;
"Camping" means the use of camping items;
"Camping items" means structures of any kind (except for
					 permitted tents), sleeping bags, mattresses, tarpaulins or tarpaulin like
					 items, laid directly on the ground which cover more than a four-foot by
					 four-foot area;
"Carts" means any wheeled unmotorized device used for
					 moving or carrying personal property which is physically pushed or
					 pulled;
"Commercial activity" means the use of or activity in the
					 park for which compensation is received by any person or entity for the sale of
					 goods or services or both rendered to customers or participants in that use or
					 activity. Display of merchandise, demanding or requesting gifts, money, or
					 services shall be considered a commercial activity. Commercial activities
					 include activities whose base of operations are outside the boundaries of the
					 park, and for which transportation to and from the park is provided;
"Compensation" includes, but is not limited to, monetary
					 fees, barter, or services in-kind;
"Disposal" means the process listed herein for dealing with
					 abandoned property;
"Executive director" means the executive director appointed
					 by the authority;
"HCDA" means the Hawaii community development authority,
					 the executive director, the executive director's staff this includes current
					 officers, directors, board members, employees, representatives and authorized
					 agents, or such authority's successor in interest established by section
					 206E-3,
					 Hawaii Revised Statutes;
"HCDA property" means real property owned and managed by
					 the HCDA and not leased to another entity within the Kakaako community
					 development district. Such real property includes, but is not limited to,
					 parks, park roadways, parking lots, beaches and beach rights-of-way. HCDA
					 property also includes improvements made by the HCDA or the agent of the
					 authority. HCDA property is not limited to real property;
"HRS" means the Hawaii Revised Statutes;
"Kakaako makai gateway park facility" means the landscaped,
					 and other areas of the facility which is HCDA property as outlined in the makai
					 area plan;
"Kakaako mauka gateway park facility" means the landscaped,
					 and other areas of the facility which is HCDA property as outlined in the makai
					 area plan;
"Kakaako waterfront park facility" means the stage,
					 bleachers, stands, parking lots, landscaped, and other areas of the facility
					 which is HCDA property as outlined in the makai area plan;
"Kewalo basin park facility" means the parking lots,
					 landscaped, and other areas of the facility which is HCDA property as outlined
					 in the makai area plan;
"Kolowalu makai park facility" is the park formally known
					 as Queen park and means the landscaped, and other areas of the facility which
					 is HCDA property as outlined in the mauka area plan. Queen park was traversed
					 Queen Street prior to being known as Kolowalu makai and mauka parks;
"Kolowalu mauka park facility" is the park formally known
					 as Queen park and means the landscaped, and other areas of the facility which
					 is HCDA property as outlined in the mauka area plan. Queen park was traversed
					 Queen Street prior to being known as Kolowalu makai and mauka parks;
"Law enforcement officer(s)" means any federal, state or
					 county employee with law enforcement powers;
"Mother waldron playground" means the basketball and
					 volleyball courts, play equipment, landscaped, and other areas of the facility
					 which is HCDA property as outlined in the mauka area plan;
"Motor vehicle" means a motor vehicle of any type,
					 including, but not limited to, automobiles, trucks, go-carts, motorcycles,
					 motor scooters, mopeds, dune buggies, golf carts, all-terrain vehicles (ATVs),
					 segways, hoverboards, or any other vehicles which are mechanically propelled
					 regardless of whether the vehicle is required by the State or any county to be
					 licensed;
"Nude" means uncovered post-pubertal human genitals, pubic
					 areas, or any portion of the female breast below the top of the areola;
"Park" means any park, park roadway, parking lot,
					 playground, athletic field, beach, beach right-of-way, court, swimming area, or
					 other area that serves as recreation area or facility under the control,
					 maintenance, and management of the authority and designated as park in the
					 Kakaako community development district mauka and makai area plans. The
					 authority may from time to time exclude portions or areas that are designated
					 as park from this definition for the purpose of maintenance, design,
					 development or for the purpose of lease or permit to third parties;
"Parking lot" means the area designated for the parking of
					 vehicles within the park;
"Permissible animals" means common domestic household pets
					 which includes animals such as domesticated cats, dogs, mice, rats, rabbits,
					 guinea pigs, fish, and birds, but excludes animals which are considered
					 livestock, including, but not limited to, chickens, horses, cattle, sheep, or
					 pigs;
"Permitted tents" means a tent used to provide shade which
					 is not fully enclosed. The addition of a side wall is allowed if it results in
					 an enclosure of less than fifty per cent (i.e., pop up tents);
"Permittee" means the promoter, sponsor, exhibitor, league,
					 or other person who obtains a permit for the purpose of conducting a special
					 event at a park;
"Personal property" means property of any kind or nature,
					 including but not limited to clothing, personal care items such as personal
					 hygiene products and medicines, household items, materials, containers,
					 cardboard, camping items, furniture, equipment, fixtures, bicycles or mopeds or
					 motorcycles as defined in section
					 291C-1, HRS;
"Picnic" means an outing with food or refreshments provided
					 by members of a group and eaten in the open and may include games, music or
					 other activities for the enjoyment of members;
"Play apparatus" means equipment installed in the park by
					 the HCDA or with HCDA's express written permission, specifically designed for
					 recreation and play such as swings and slides or other equipment so designated
					 by these rules or sign;
"Premises" means any park land under the control,
					 maintenance, and management of the HCDA including, but not limited to, the
					 Kewalo basin park, Kakaako mauka gateway park, Kakaako makai gateway park,
					 Kakaako waterfront park, Kolowalu mauka park and Kolowalu makai park;
"Soliciting" means engaging in unpermitted commercial
					 activities;
"Storing" means to put aside or accumulate, to place or
					 leave in a location;
"Structure" means any shelter built with construction or
					 other materials which can include parts of a tent; and
"Vehicle" means every device in, upon, or by which any
					 person or property is or may be transported or drawn upon a roadway or highway,
					 but excluding bicycles.