(a) The Ahu o Laka
safety zone is the area encompassed within the boundaries designated as Zone
H-2 shown on Exhibit "X-2," "Ahu o Laka safety zone, Kaneohe Bay, Hawaii" dated
June 8, 2011, and located at the end of this subchapter. The boundaries of Zone
H-2 are as follows:
Beginning at a point in the water at 21°28.462'N
157°49.203'W, then by straight lines drawn to a point at 21°27.9647'N
157°49.140'W, then to 21°27.514'N 157°48.115'W, then to
21°28.030'N 157°47.940'W, then back to the starting point.
(b) For Memorial Day, Independence
Day, and Labor Day holidays as designated in section
8-1, Hawaii
Revised Statutes, if any of these three designated holidays involves a
three-day weekend, Zone H-2 is subject to the following restrictions during the
time period of 12:00 a.m. to 11:59 p.m. on each day of the three-day weekend:
(1) No person shall possess, use, or consume
alcohol within Zone H-2;
(2) No
person shall enter or remain in Zone H-2 while under the influence of alcohol,
narcotics, or drugs; provided that a person may use or possess drugs legally
prescribed by that person's physician; and
(3) No person within Zone H-2 shall:
(A) engage in fighting or threatening, or
violent or tumultuous behavior;
(B)
make unreasonable noise;
(C)
subject another person to offensively coarse behavior or abusive language which
is likely to provoke a violent response; or
(D) create a hazardous or physically
offensive condition by any act which is not performed under any authorized
license or permit.
Noise is unreasonable, within the meaning of
subparagraph (3)(B), if considering the nature and purpose of the person's
conduct and the circumstances known to the person, including the time of day or
night, the person's conduct involves a gross deviation from the standard of
conduct that a law-abiding citizen would follow in the same situation; or the
failure to heed the admonition of a law enforcement officer that the noise is
unreasonable and should be stopped or reduced.
(c) In addition to any other
penalty authorized by law, a violation of any of the restrictions described in
subsection (b) shall be subject to penalties as provided in sections
200-14
and
200-14.5,
Hawaii Revised Statutes.
(d) If any
term or provision of this section, or the application thereof to any person or
circumstance is found unenforceable or invalid to any extent, the remainder of
this section or the application of such term or provision to persons or
circumstances other than those to which it is held unenforceable or invalid,
shall not be affected thereby, and each remaining term and provision of this
section shall be valid and enforceable to the fullest extent permitted by
law.
(e) This rule shall take
effect ten days after the filing date with the Office of the Lieutenant
Governor and shall be repealed three years from its effective date unless this
provision is sooner repealed or otherwise amended.
Notes
Haw. Code
R. §
13-256-73.13
[Eff 8/18/12]
(Auth: HRS §
200-4) (Imp: HRS
§§
200-2,
200-3,
200-4,
200-14,
200-14.5)
The
amended version of this section by
Hawaii
Administrative Rules Listing of Filings, 2015-01, July,
eff.7/26/2015 is not yet
available.
