Trespass warnings in parks

Police officers, park security officers, law enforcement officers, and other authorized department enforcement personnel responding to a complaint of violation of the prohibitions under sections 13.04A.070 or 13.04A.080, or any offense under the Hawaii Revised Statutes, or personally observing the same, within the limits of any park or recreational facility, may take the following course of action: A. The officer may issue a reasonable warning or request to leave the park or recreational facility. For the purposes of this section, "reasonable warning or request" means a warning or request communicated in writing to a person which may contain but is not limited to the following information: 1. A warning statement advising the person that the person's presence is no longer desired in the park or recreational facility for a period of no less than 24-hours from the date and time of the notice, that violation of the warning will subject the person to arrest and prosecution for trespass pursuant to section 13.04A.260 , and that such trespass constitutes a petty misdemeanor as defined in section 701-107, Hawaii Revised Statutes. The expiration of the warning does not authorize entry of a park or recreational facility which is closed. 2. The legal name, any aliases, and a photograph, if practicable, or a physical description, such as gender, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned. 3. The name of the person giving the warning along with the date and time the warning was given. 4. The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given, and, if possible, the signature of the person to whom the warning was issued. Warnings shall be available in the following alternative formats upon request: large format, braille, audiotape, and simplified language. A copy of the warning citation shall be retained by the issuing authority and attached to a written report which shall be submitted in all cases to the parks district supervisor for the park or recreational facility involved. B. If the person so ordered refuses to comply with the written warning or request to leave the park or recreational facility, or returns to the park or recreational facility before the expiration of the 24-hour period, the department of police shall be notified and the person shall be subject to arrest and prosecution for trespass under this section. C. Any police officer who arrests a person pursuant to this section shall not be subject to any civil or criminal liability; provided the police officer acts in good faith, upon reasonable belief, and does not exercise unreasonable force in effecting the arrest. D. This section shall not operate as a bar against prosecution under any other section of the Hawaii Revised Statutes. (Ord. 4293, § 2, 2016)