HOUSE OF REPRESENTATIVES

H.B. NO.

90

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public property.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 115-9, Hawaii Revised Statutes, is amended to read as follows:

     "§115-9  Obstructing access to public property; penalty.  (a)  A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

     (1)  A public right-of-way;

     (2)  A transit area;

     (3)  A public transit corridor; or

     (4)  A beach transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

     (b)  Physical impediments that may prevent traversing include but are not limited to the following:

     (1)  Gates;

     (2)  Fences;

     (3)  Walls;

     (4)  Constructed barriers;

     (5)  Rubbish;

     (6)  Security guards;

     (7)  Guard dogs or animals; and

     (8)  A landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.

     (c)  The department of land and natural resources may abate or remove any physical impediment that obstructs access to and along the sea, the shoreline, or any inland public recreational area; provided that the department may recover, by appropriate proceedings, the expenses incurred by it in the abatement or removal, from any person who has caused the physical impediment; provided further that recovery of expenses under this subsection shall be in addition to, and not in lieu of, the fines required by subsection (e) or any other remedy provided by law for conduct that violates this section.

     [(c)] (d)  Obstructing access to public property is a misdemeanor.

     [(d)] (e)  Minimum fines for a violation [under] of this section shall be as follows:

     (1)  $1,000 for a second conviction; and

     (2)  $2,000 for any conviction after a second conviction.

     [(e)] (f)  As used in this section:

     "Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.

     "Person" means a natural person or a legal entity.

     "Public recreational area" means public lands or bodies of water opened to the public for recreational use."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Land; Access; Obstruction; DLNR; Removal

 

Description:

Authorizes the DLNR to abate or remove physical impediments that obstruct access to and along the sea, the shoreline, or any inland public recreational area.  Authorizes the DLNR to recover expenses for the abatement or removal.

 

 

 

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