§266-25  Violation of rules; penalty. In addition to the reimbursement of fines and costs as provided in section266-28, any person who violates any rule made, adopted, and published by thedepartment of transportation as herein provided, or who violates any lawfulcommand of any harbor master, harbor agent, or harbor district manager, whilein the discharge of the person's duty, or who violates this chapter, shall befined 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 inaddition to or as a condition to the suspension of the fines and penalties, thecourt may deprive the offender of the privilege of operating or mooring anyvessel 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 Sp1959 2d, c 1, §26; HRS §266-25; am L 1984, c 187, §2; am L 1987, c 361, §2; amL 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 thissection for violation of administrative rule regulating boat moorings,violation a presumptively petty offense for which constitutional right to jurytrial did not attach; consideration of other relevant factors failed toovercome presumption.  84 H. 65, 929 P.2d 78.

  Penalties authorized by this section are criminal penaltiesfor a penal offense.  10 H. App. 220, 864 P.2d 1109.

  Cited:  49 H. 651, 657, 426 P.2d 626.