§266-24  Enforcement.  (a)  The directorof transportation shall enforce this chapter and all rules thereunder, exceptfor the rules relative to the control and management of the beaches encumberedwith easements in favor of the public and ocean waters which shall be enforcedby the department of land and natural resources.  For the purpose of theenforcement of this chapter and of all rules adopted pursuant to this chapter,the powers of police officers are conferred upon the director of transportationand any officer, employee, or representative of the department oftransportation.  Without limiting the generality of the foregoing, the directorand any person appointed by the director hereunder may serve and executewarrants, arrest offenders, and serve notices and orders.  The director oftransportation and any employee, agent, or representative of the department oftransportation appointed as enforcement officers by the director, and everystate and county officer charged with the enforcement of any law, statute,rule, regulation, ordinance, or order, shall enforce and assist in theenforcement of this chapter and of all rules and orders issued pursuantthereto, and in carrying out the responsibilities hereunder, each shall bespecifically authorized to:

(1)  Conduct any enforcement action hereunder in anycommercial harbor area and any area over which the department of transportationand 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 harborfacilities are situated, or where harbor-related activities are operated orconducted; and

(3)  Subject to limitations as may be imposed by thedirector of transportation, serve and execute warrants, arrest offenders, andserve notices and orders.

For purposes of this subsection, the term"agents and representatives" includes persons performing services atharbors or harbor areas under contract with the department of transportation.

(b)  The department of transportation, in thename of the State, may enforce this chapter and the rules and orders issuedpursuant thereto by injunction or other legal process in the courts of theState. [L 1967, c 68, §1; HRS §266-24; gen ch 1985; am L 1987, c 364, §2; am L1988, 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.