Haw. Code R. § 13-7-6 - Public assemblies and meetings

(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other such events, including those recognized under chapter 7, Hawaii Revised Statutes, resulting in assemblies of twenty-five or more persons are allowed on DLNR land, provided a permit for such event has been issued by the chairperson.

(b) An application for such a permit shall set forth the name of the applicant, the date, time, duration, nature, and place of the proposed event, an estimate of the number of persons expected to attend, a statement of equipment or facilities to be used and any other information required by the permit application form. Permittees shall display a copy of the application containing the required information in plain view during the event at the permitted location.

(c) chairperson shall, without unreasonable delay and provided an application is submitted with reasonable timeliness, issue a permit on proper application, unless:

(1) A prior application for a permit for the same time and place has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular location;

(2) It reasonably appears that the event will present a clear and present danger to the public health or safety; or

(3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as probable damage to the DLNR land's resources or facilities, impairment of DLNR land's atmosphere of peace, tranquility, or recreation, interference with program activities, or impairment of public use facilities.

(d) If a permit is denied, the applicant shall be informed in writing, with the reason(s) for the denial set forth.

(e) The chairperson shall designate on maps, copies of which shall be available for inspection at all state parks district offices and the chairperson's office, the locations available for public assemblies. Locations may be designated as not available for an activity only if such activity would:

(1) Cause damage or injury to DLNR land;

(2) Unreasonably impair the atmosphere of peace, tranquility, or recreation maintained in DLNR land;

(3) Unreasonably interfere with interpretive, visitor service, or other DLNR program activities;

(4) Substantially impair the operation of public use facilities or services of DLNR concessionaires or contractors; or

(5) Present a clear and present danger to the public health and safety.

(f) The permit may contain such conditions as are reasonably consistent with protection and use of the DLNR and for the purposes for which the land is managed. It may also contain reasonable limitations on equipment to be used and the time and area within which the event is allowed.

(g) No permit shall be allowed for a period in excess of seven consecutive days, provided that a permit may be extended for a like period, upon a new application, unless another applicant has previously requested use of the same location for the same time period and multiple occupancy of that location is not reasonably possible.

(h) No person shall engage in activities covered under this section so as to obstruct or impede pedestrians or vehicles, or harass visitors to DLNR land, either verbally or with physical Contact.

(I) Should the number of applications for a permit exceed the available area at a particular location and time, the chairperson reserves the right to allocate spaces for which permit applications were received in the chairperson's sole discretion, on the basis of a shared use concept.

(j) A permit may be revoked under any of the conditions listed in paragraph (c) that constitute grounds for the denial of a permit. Such a revocation shall be made in writing, with the reason(s) for revocation clearly set forth, except under emergency circumstances, when an immediate verbal revocation or suspension of the permit may be made, to be followed by written confirmation within seventy-two hours.

(k) Violation of the terms and conditions of a permit issued in accordance with this section may result in the suspension or revocation of the permit.

Notes

Haw. Code R. § 13-7-6

[Eff MAY 06 1990] (Auth HRS §§ 171-6, 171-7) (Imp: HRS §§ 171-6, 171-7)