Park and Recreation Rules: Definitions

As used in this chapter, unless the context otherwise requires: "ADA" means the Americans with Disabilities Act of 1990, as amended. "Advertising material" means signage, stickers, posters, flyers, brochures, banners, videos, displays, or any other means of promotion, including those described in chapter 16.13 . "Applicant" means a person eighteen years of age or older, a business, group, organization or association that requests the use of a park or recreational facility for activities or events specified within this chapter. "Application" means a form provided by the department that must be submitted to initiate a permit request. "Application fee" is a nonrefundable fee charged to process an application. "Athletic field" means an enclosed area within a park that is appropriately marked and set aside to be primarily used for playing a game or sport, such as a baseball field, basketball court, soccer field, tennis court, or other field or court. "Authorized agent" means an executive director or officer of a corporation, or a general partner of a general or limited partnership, or an active member of an unincorporated group or organization, who provides the director with notarized written authority in order to represent a corporation, partnership, group or organization. "Authorized representative" means any person designated to act for the director. "Business" means any enterprise or establishment, such as a sole proprietorship, joint venture, partnership, corporation, fraternal organization, club, or any other profit or nonprofit entity, including any employee of the business who is acting on its behalf. "Business location" means a permanent, fixed place of business not including a place that consists solely of a post office box, that is identifiable by a tax map key number and street address in the County. "Camper" means a person who remains, or intends to remain, at a park or recreational facility to use the facility as overnight accommodations, as permitted by section 13.04A.210 . "Camping" means the use and occupation of any park or recreational facility by a camper, as permitted by section 13.04A.210 . "Cigar" means any roll for smoking made wholly or in part of tobacco wrapped in any substance containing tobacco. "Cancellation fee" is the forfeiture of deposits for failure to provide timely notice of cancellation, or for failure to use any issued permit pursuant to Table 2 in section 13.04A.100 . "Commercial activity" means an act whereby a person, organization, or entity receives a benefit, or a promise to receive a benefit, by providing goods or services to another person. "Commercial ocean recreational activity" means engaging in, or providing instruction or guidance regarding the use of equipment in any pursuit that is primarily conducted in or on the ocean, such as kayaking, snorkeling, scuba diving, surfing, kite surfing, Hawaiian outrigger canoeing, and windsurfing; excluding any pursuit requiring an operator to hold a license or permit from the State Department of Land and Natural Resources, Division of Boating and Ocean Recreation, or the United States Coast Guard. Engaging in and providing instruction or guidance to any patron regarding the use of equipment in the same pursuit shall constitute no more than one ocean recreational activity. "Community center" means a County-operated facility generally utilized as a gathering place for meetings, socials, training, and other activities. "Community class permit" means lessons, instruction, or classes offered to the general public and conducted by an instructor approved by the department. Class participation charges or fees are allowed within the limits established by the department. Temporary refreshment concessions in accordance with section 13.04A.420 (B) are prohibited. "Community league" means a league organized by a person or organization which may assess dues, registration or participation fees confirmed by the director to be used solely to offset operating expenses such as equipment, insurance, officiating, and permit fees. Community leagues shall obtain a general use permit issued by the Department. "Concession" has the same meaning as defined in section 3.40.030 of this code. "Concessionaire" means a person or entity having a concession agreement with the County under this chapter. "Consume any intoxicating liquor" means to possess any bottle, can, or other receptacle containing any intoxicating liquor, as defined in section 281-1, Hawaii Revised Statutes, which has been opened, had its seal broken, or had its contents partially removed; except that this definition does not apply to the possession of a container: 1. In the trunk of a vehicle; or 2. If the vehicle does not have a trunk, in another area of a vehicle not normally occupied by the driver or a passenger, not including the vehicle's utility or glove compartment. "County co-sponsored functions" means activities, programs, or events sponsored by the County in conjunction with another person. "County property" means any real or personal property owned by, or under the management or control of, the County. "Department" means the department of parks and recreation. "Department equipment" means any electrical, electronic, or mechanical device, or system, or athletic equipment rented by the department pursuant to a permit issued by the department. Rental fees shall be set forth in the annual budget ordinance. "Department league" means a league organized and operated by the department that does not assess registration or participation fees. "Department sponsored" means functions, activities, programs, or events solely sponsored by the department, or together with a person or organization. "Deposit" means a monetary assessment placed with the department as security to ensure the proper use, maintenance, and restoration of parks and recreational facilities, including the return of keys and equipment rented pursuant to a permit. "Designated parks or recreational facilities" means parks or recreational facilities under the control or management of the department and available for use pursuant to a permit issued by the department. "Director" means the director of the department of parks and recreation or the director's authorized representative. "Dog park" means an enclosed area within a park designated for dogs to run free without a leash. "Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, such as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe; or a component of the device or related product. "Exclusive use" means the use of a park or recreational facility pursuant to a permit issued under this chapter which prohibits or restricts the availability of that park or recreational facility to others. "Fee" means a financial payment by the permit applicant assessed by the department as specified in the annual budget ordinance, including an application fee, cancellation fee, permit fee, and registration fee. "Fundraising activity" means an event or activity whose purpose is gathering proceeds or resources for the cause pursuant to a permit issued by the department. "General use permit" means a permit issued under this chapter for an event or activity for which dues, registration fees, or participation fees may not be assessed, or donations accepted; except that the term includes a permit issued under this chapter for which a youth league, ADA organization, or senior citizen organization may assess fees to offset operating expenses. "Gymnasium" means a recreational facility utilized for indoor athletic activities. "Government permit" means a permit issued under this chapter for an event or activity organized and conducted by the County, or another governmental unit, for which no revenue may be generated. "Intoxicating liquor" means the same as the term is defined in section 281-1, Hawaii Revised Statutes. "Law enforcement officer" means the same as the term is defined in section 710-1000, Hawaii Revised Statutes. "League" means an organized group of teams or persons that compete against each other over a period of thirty days or longer, including a community league, department league, partnership league, and recreational league. "League schedule" means a schedule of competitive activities that lists opposing teams or persons, and dates and times of competition within a specified time period. "Non-exclusive use" means the use of a park or recreational facility pursuant to a permit issued under this chapter which does not prohibit or restrict the availability of that park or recreational facility to others. "Nonprofit entity" means an entity approved by the Internal Revenue Service as tax-exempt under section 501(c) of the Internal Revenue Code, and which complies with all other requirements of federal, State, and County law regulating nonprofit organizations. "Park" means a public area owned and operated by the County that is used for recreational pursuits, such as a park roadway, parking area, playground, athletic field, beach right-of-way, tennis court, and recreational area under the control, management, and operation of the department. "Partnership league" means a league organized by a youth, senior, or ADA organization which may assess dues, registration fees, or participation fees confirmed by the director to be used solely to offset operating expenses, such as equipment, insurance, officiating, and permit fees. Partnership leagues shall obtain a general use permit issued by the department. "Patron" means a person who contracts to participate in an ocean recreational activity. "Permit" means written authorization by the director to reserve: 1. A specific park or recreational facility, or a portion thereof, for an event or activity which restricts the general public's use of the reserved area during the permitted event, activity, or equipment use; or 2. Department equipment. "Permittee" or "permit holder" means a person who has received written authorization to use a park, recreational facility, or equipment through the issuance of a permit pursuant to this chapter. "Permit fee" is a non-refundable fee required prior to issuance of any permit under this chapter. All permit fees must be paid by the applicant. (See Table 1 in section 13.04A.100 .) "Personal mobility device" means a mobility aid belonging to any class of multi-wheeled devices and designed for and used by persons with a disability, whether the device is operated manually or by a power supply. "Recreational facility" means any building or other physical structure located in, owned, and operated by the County, such as a swimming pool, gymnasium, community center, or pavilion used for recreational purposes and under the control, management, and operation of the department. "Recreational league" means a league organized by the department which assess registration or participation fees used solely to offset operating expenses such as equipment, officiating, and expenses through appropriation for recreational programs or leagues in the annual budget ordinance. "Registration fee" is a non-refundable fee required to participate in programs, services, or instructional classes operated by the department. "Rules" means administrative rules of the department adopted pursuant to section 13.04A.240 that implement, interpret, or prescribe policy, procedure, or practice as necessary to carry out the requirements of this chapter. "Smoke" or "smoking" means inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar or pipe or the use of an electronic smoking device. "Special events permit" means a permit for events, activities, fundraising activities, political fundraisers, or tournaments, determined to require a permit, but which do not meet other permit requirements. "Sponsor" means a person or entity that provides value to the department and is recognized or acknowledged by the department in exchange for the contribution. "Sponsorship agreement" means the document setting forth the terms of the agreement between the sponsor and the department. "Tobacco product" means tobacco in any form, other than cigarettes, that is prepared or intended for consumption or for personal use by humans, including cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco. "Tournament" means a method of determining the champion or winner in a recreational activity within a pre-determined time period. "Vendor" means a person or organization authorized to participate in a permitted event or activity to sell goods, products, or services at parks or recreational facilities. "Visiting swim team" means a swim team not from the County. "Youth center" means any building, structure, or facility, including all necessary attendant or related facilities and equipment, that is owned or operated by a nonprofit entity or by the County for the exclusive use by the youth of the community that promotes the health, safety, or general welfare of youth. ( Ord. No. 4437, §§ 2, 5, 2017 ; Ord. No. 4302, § 1, 2016 )