§266-24 - Enforcement.
§266-24 Enforcement. (a) The director
of transportation shall enforce this chapter and all rules thereunder, except
for the rules relative to the control and management of the beaches encumbered
with easements in favor of the public and ocean waters which shall be enforced
by the department of land and natural resources. For the purpose of the
enforcement of this chapter and of all rules adopted pursuant to this chapter,
the powers of police officers are conferred upon the director of transportation
and any officer, employee, or representative of the department of
transportation. Without limiting the generality of the foregoing, the director
and any person appointed by the director hereunder may serve and execute
warrants, arrest offenders, and serve notices and orders. The director of
transportation and any employee, agent, or representative of the department of
transportation appointed as enforcement officers by the director, and every
state and county officer charged with the enforcement of any law, statute,
rule, regulation, ordinance, or order, shall enforce and assist in the
enforcement of this chapter and of all rules and orders issued pursuant
thereto, and in carrying out the responsibilities hereunder, each shall be
specifically authorized to:
(1) Conduct any enforcement action hereunder in any
commercial harbor area and any area over which the department of transportation
and the director of transportation has jurisdiction under this chapter;
(2) Inspect and examine at reasonable hours any premises,
and the buildings and other structures thereon, where harbors or harbor
facilities are situated, or where harbor-related activities are operated or
conducted; and
(3) Subject to limitations as may be imposed by the
director of transportation, serve and execute warrants, arrest offenders, and
serve notices and orders.
For purposes of this subsection, the term
"agents and representatives" includes persons performing services at
harbors or harbor areas under contract with the department of transportation.
(b) The department of transportation, in the
name of the State, may enforce this chapter and the rules and orders issued
pursuant thereto by injunction or other legal process in the courts of the
State. [L 1967, c 68, §1; HRS §266-24; gen ch 1985; am L 1987, c 364, §2; am L
1988, c 62, §1; am L 1991, c 272, §12; am L 1996, c 128, §3 and c 296, §4]
Case Notes
Mentioned: 10 H. App. 220, 864 P.2d 1109.