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.
