§184-5  Rules and enforcement; penalty. (a)  The department may, subject to chapter 91, make, amend, and repeal ruleshaving the force and effect of law, governing the use and protection of thestate park system, including state monuments as established under section6E-31, and including any private property over which there has been granted tothe State any right of free public access or use for recreational, park,viewing of any historical, archaeological, natural, or scientific feature,object, or site, or related purpose, or property thereon, and also governingthe use and protection of any recreational, scenic, historical, archaeological,natural, scientific, and related resources of state and private lands, andenforce those rules.  Any person who violates any of the rules so prescribedshall be held liable for restoration of or restitution for any damages topublic or private property and shall also be subject to the confiscation of anytools and equipment used in the violation and of any plants, objects, orartifacts removed illegally from such properties.  Except as otherwise providedby the department, the more restrictive rules of the department shall apply inany unit of the state park system or any public use area which is also governedby the rules of any forest reserve, public hunting ground, or other departmentdistrict or area.

(b)  Except as provided in subsection (c), anyperson violating this chapter, any rule adopted pursuant thereto, or the termsand conditions of any permit issued thereunder, in addition to any otherpenalties, shall be guilty of a petty misdemeanor and shall be fined not lessthan:

(1)  $100 for a first offense;

(2)  $200 for a second offense; and

(3)  $500 for a third or subsequent offense.

(c)  Any person violating this chapter, anyrule adopted pursuant thereto, or the terms and conditions of any permit issuedthereunder, regulating vehicular parking or traffic movement shall havecommitted a traffic infraction as set forth in chapter 291D, the adjudicationof which shall be subject to the provisions contained therein.  A person foundto have committed such a traffic infraction shall be fined not more than:

(1)  $100 for a first violation;

(2)  $200 for a second violation; and

(3)  $500 for a third or subsequent violation.

(d)  The fines specified in this section shallnot be suspended or waived.  Each day of each violation shall constitute aseparate offense.

(e)  Any civil penalty for any violation ofthis chapter or any rule adopted thereunder shall not be deemed to preclude theState from pursuing any criminal action against that person.

(f)  The department may confer on the directorof state parks and upon other employees of the division the powers of policeofficers, including the power to serve and execute warrants and arrest, orissue summons or citations to, offenders in all matters relating to theenforcement, in any state park, parkway, or state monument, or in any privateproperty over which there has been granted to the State any right of freepublic access or use for recreational, park, viewing of any historical,archaeological, natural, or scientific feature, object, or site, or relatedpurpose of:

(1)  The laws applicable to the state parks andparkways and to historical objects and sites and the rules adopted under theprovisions of this section; and

(2)  Traffic laws and ordinances.

Those police powers shall also extend to theenforcement of laws of the State and the rules of the department relative tothe protection and proper use of the recreational, scenic, historical, natural,and archaeological, scientific, and related resources of state and privatelands.  The conferring of powers shall include the designation of thoseemployees as state parks enforcement officers. [L 1949, c 185, pt of §1; RL 1955,§19-36; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; am L 1965, c 96, §16;HRS §184-5; am L 1974, c 245, §1; am L 1975, c 24, §5; am L 1979, c 105, §13;am L 2002, c 24, §2; am L 2008, c 101, §3]