§185-7  Fire danger periods, burningpermits, setting fires, penalties.  (a)  During periods of weather when thethreat of fire is particularly dangerous within forest reserves, public huntingareas, wildlife and plant sanctuaries, and natural area reserves in any branch,the manager shall establish a fire danger period by causing a fire warning tobe issued by publishing a notice containing information setting forth the typeof closure and a designation of the affected areas or by posting notices in publicplaces with similar information.  During fire danger periods, the manager may:

(1)  Totally close or limit use within an area;

(2)  Prohibit any burning;

(3)  Prohibit smoking in specified areas, including inautomobiles operating in the area; and

(4)  Prohibit camping in certain areas.

However, in areas where fire control operations arein progress, a manager may prohibit public access and use without prior noticefor purposes of effective fire control operations and public safety.

(b)  The manager will minimize the threat offires by maintaining control through the issuance and management of burningpermits or the establishment of rules by the department, pursuant to chapter91.  On other lands where the department has direct fire protection responsibility,as described in section [185-1.5], and on adjoining property that offer asignificant threat to those lands, the department shall establish agreementswith the department [of] health to require burning plans acceptable to themanagers and the county fire chief.  The issuance of permits shall be at thediscretion of the issuing officer who shall take into account whether theissuance of a permit is compatible with safety.  Holders of permits shall startno fires during a heavy wind or without sufficient help present to control sameand shall maintain a constant watch over the fires until they have beenextinguished.

(c)  Any person who violates any restriction ofa closure or any person who discards burning material within a closed firearea, or, every person who sets a fire on land within the closed fire areawithout a permit, or, every person who wilfully, maliciously, or negligentlysets a fire which burns property not owned, leased, or controlled by the personshall be guilty of a misdemeanor.  Any person violating this section shall befined not less than $250 nor more than $4,000 and shall be held liable forrestitution for any suppression costs and damages to public or privateproperty.  Setting fires or causing them to be set or allowing them to escapeshall be prima facie evidence of wilfulness, malice, or negligence under thissection; provided that nothing herein contained shall apply to a person who, ingood faith, sets a back fire to check a fire already burning.  A "closedfire area" is defined as the area wherein a total closure or specificburning restrictions are in effect during a fire danger period. [L 1953, c 100,§9; RL 1955, §19-57; HRS §185-7; am L 1974, c 64, pt of §1; gen ch 1985; am L1994, c 140, §7]