2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 15. TRANSPORTATION AND UTILITIES
266. Harbors
§266-25 Violation of rules; penalty.

§266-25 Violation of rules; penalty. In addition to the reimbursement of fines and costs as provided in section 266-28, any person who violates any rule made, adopted, and published by the department of transportation as herein provided, or who violates any lawful command of any harbor master, harbor agent, or harbor district manager, while in the discharge of the person's duty, or who violates this chapter, shall be fined not more than $10,000 for each offense, and any vessel, the agents, owner, or crew of which violate the rules of the department or this chapter, shall be fined not more than $10,000 for each violation; provided that in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating or mooring any vessel in state waters for a period of not more than two years. [L 1911, c 163, §9; RL 1925, §844; RL 1935, §1744; RL 1945, §4995; RL 1955, §112-23; am L Sp 1959 2d, c 1, §26; HRS §266-25; am L 1984, c 187, §2; am L 1987, c 361, §2; am L 2007, c 139, §3]

Case Notes

Penalties authorized in this section are criminal penalties, making defendant potentially eligible for a jury trial. 84 H. 65, 929 P.2d 78.

Where no term of imprisonment was authorized under this section for violation of administrative rule regulating boat moorings, violation a presumptively petty offense for which constitutional right to jury trial did not attach; consideration of other relevant factors failed to overcome presumption. 84 H. 65, 929 P.2d 78.

Penalties authorized by this section are criminal penalties for a penal offense. 10 H. App. 220, 864 P.2d 1109.

Cited: 49 H. 651, 657, 426 P.2d 626.