Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 211 - KEWALO BASIN RULES FOR KEWALO HARBOR AND TARIFF › Section 15-211-2 - Definitions; general

Current through June, 2024
As used in this chapter
				  211 and chapters 212, 213 and 214,
				  unless the context clearly indicates otherwise:
"Berth" means any place where a vessel is made fast to,
				  moored, anchored, laid alongside of, or docked at a pier, wharf, quay,
				  bulkhead, landing, dolphin, anchorage, mooring, or another vessel, in the shore
				  waters, navigable streams, harbor, port, and roadsteads of Kewalo Basin;
"Dockage" means the charge assessed against a vessel
				  when:
(1) Berthed at or made fast to a wharf, dolphin, or other
				  structure;
(2) Lying alongside of or tied up to a vessel which is made
				  fast to or is lying alongside of a wharf, dolphin, or other structure;
				  or
(3) Not tied up to or lying alongside of a wharf but using
				  one by means of boats, rafts, lighters, or otherwise;
"Executive director" means the executive director of the
				  HCDA and any person acting for the executive director under the executive
				  director's authority;
"Flammable liquid" means any liquid which burns or any
				  liquid which gives off flammable vapors (as determined by the Tagliabue open
				  cup tester, as used for test of burning oils) at or below a temperature of
				  eighty degrees Fahrenheit;
"Gross receipts" means the aggregate amount of the gross
				  income and gross proceeds of sale derived from a trade or business wherein a
				  vessel is used in any manner to promote the trade or business, computed in
				  accordance with the provisions of chapter
				  237-3, Hawaii Revised
				  Statutes;
"Harbormaster", "harbor manager", or "harbor agent" means
				  any person appointed to that office by the executive director and vested with
				  the operational control of Kewalo Basin. The responsibilities of a
				  harbormaster, harbor manager or harbor agent include, but are not limited to,
				  enforcing rules, mooring and berthing of ships, control of water and air
				  pollution in the harbor, allocation of storage space, and the movement of
				  vessels into, out of, and within Kewalo Basin;
"HCDA" means Hawaii community development authority, a body
				  corporate and public instrumentality of the State of Hawaii, its harbor
				  manager, agent or entity vested with operational control of Kewalo
				  Basin;
"Kewalo Basin" is the name of the mixed use harbor located
				  on the island of Oahu, in the Kakaako/Ala Moana district bordered by the
				  Diamond Head boundary of the Kakaako waterfront park, Ahui Street, Halo Street,
				  Ala Moana Boulevard, Ala Moana beach park, and the Pacific Ocean excluding the
				  Kewalo Basin park and fast lands not dedicated to maritime use;
"Kewalo Basin Park" means that land area within Kewalo Basin
				  whose designated land use is park under HCDA makai area plan, as existing or
				  may be amended;
"Manager" means any persons appointed to that office by the
				  executive director, and includes the manager's authorized representative. The
				  manager for Kewalo Basin shall also be the harbormaster for Kewalo
				  Basin;
"Mooring" means a berth;
"Parking" means the standing of a vehicle, whether occupied
				  or not, other than temporarily for the purpose of, and while actually engaged
				  in, loading or unloading of either freight or passengers;
"Parking meter" means a mechanical device located or
				  installed within or upon a curb, sidewalk area or parking area, which records a
				  certain number of minutes or hours, by the use of a time measuring device, for
				  which parking privileges have been extended to persons depositing money and
				  activating the device;
"Parking meter stall" means any stall which is within a
				  parking meter zone, adjacent to a parking meter and which is duly designated
				  for the parking of a single vehicle by lines painted or otherwise durably
				  marked on the curb or on the surface of the street or parking area adjacent to
				  or adjoining the parking meters;
"Passenger" means every person other than the master and
				  members of the crew or other persons employed on board a vessel in the business
				  of that vessel;
"Permit premium" means fee payable to HCDA for partial or
				  full transfer of slip rights to another party as set forth in section
				  15-214-11;
"Rental" means the transaction by which space is held out
				  under an agreement for a negotiated or predetermined sum to be paid at fixed
				  intervals. Excluded from this definition are dockage, moorage, etc. Included
				  are: office space, storage space in sheds or open areas, parking stalls or
				  areas, locker space, etc.;
"Rules" means the rules governing Kewalo Basin under the
				  jurisdiction of the HCDA, and private installations or construction within
				  harbor boundaries as set forth in this chapter
				  211 and chapters 212, 213 and
				  214;
"State" means the State of Hawaii;
"Stop" means the complete cessation of movement;
"Stopping" means any halting, even momentarily, of a
				  vehicle, whether occupied or not, except when necessary to avoid conflict with
				  other traffic or in compliance with the directions of a police officer;
"Ticket booth" means a structure attached to the bulkhead
				  and generally encroaching into the berth which contains not more than 160
				  square feet under roof and is used for the sale of tickets, retail, display,
				  promotion or other purposes as provided in and accordance with the terms and
				  conditions of the revocable permit;
"Tow zone" or "tow away zone" means any area where the
				  parking, stopping, or standing of vehicles is prohibited entirely or during
				  specific hours by the HCDA;
"Vessel" means every description of watercraft used or
				  capable of being used as a means of transportation on water, including power
				  boats, ships, tugs, cruise boats, small craft, sailing vessels, barges, scows,
				  lighters, ferry boats, pleasure craft, floating equipment, house boats,
				  floating gear, and any and all other watercraft; and
"Wharf", "pier", or "terminal area" means any area of state
				  property set aside to the HCDA by the governor pursuant to law and devoted to
				  servicing of vessels, including the receiving and discharging of passengers
				  from or onto vessels.