Penalties and procedures for breaking this title

A. Any person convicted of a violation of this title shall be sentenced as follows: 1. For a first offense, by a fine not exceeding $1,000 and one of the following: a. Thirty-two hours of community service, as authorized by and defined in section 706-605(1)(f) of the Hawaiʻi Revised Statutes, as amended, or b. Forty-eight hours imprisonment. 2. For a second offense which occurs within five years of any prior conviction for violation of this title, by a fine not exceeding $1,000 and one of the following: a. Sixty-four hours of community service as authorized by and defined in section 706-605(1)(f) of the Hawaiʻi Revised Statues, as amended, or b. Ninety-six hours of imprisonment. 3. For a subsequent conviction which occurs within five years of any two prior convictions under this title by a fine of not less than $500 but not exceeding $1,000 and one of the following: a. Not less than sixty-four hours but not exceeding one hundred and forty hours of community service as authorized by and defined in section 706-605(1)(f) of the Hawaiʻi Revised Statutes, as amended, or b. Not less than ninety-six hours but not exceeding thirty calendar days imprisonment. B. After a conviction for a first violation under this title, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. C. The imposition of a fine under this section shall be controlled by the provisions of the Hawaiʻi Penal Code relating to fines, section 706-641 through 706-645 of the Hawaiʻi Revised Statutes. D. The county may maintain an action for an injunction to restrain any violation of the provisions of this title and may take any other lawful action to prevent or remedy any violation. E. Any personnel authorized by the director of public works may arrest, without warrant, alleged violators by issuing a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. F. Any personnel authorized by the director of public works making an arrest for a violation of this title may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation, notifying the alleged violator to answer at a place at a time provided in the summons or citation. G. There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this title which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the state and the county. H. In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. I. Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (Ord. 2032 § 5 (part), 1991)