§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.