Parking space use permits and fees

(a) Before any person (other than any governmental agency) uses, encloses, obstructs, or causes to be used, enclosed, or obstructed, any parking meter space or unmetered parking stall or portion thereof, for purposes authorized pursuant to § 15-22.2 or Chapter 14, Article 18 , including complete streets features, or incidental to erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting, or demolishing any building or structure, the person must pay to the department of transportation services a processing fee of $5 for each permit issued in addition to a sum calculated at the rate of $12 for each parking space for each day or fraction thereof, exclusive of Sundays and State holidays, that the space is used, enclosed, or obstructed. The director of transportation services may waive the per day fee for parking spaces used exclusively for complete streets features as defined in Chapter 14, Article 18 , for the use and enjoyment of the public. (b) A permit issued under subsection (a) must: (1) Be revocable at the discretion of the director of transportation services; (2) Specify the kind of work, use, or both, that is specifically authorized; (3) Require the permittee to defend and indemnify the city for all activities and liabilities associated with use of the parking space; (4) Require the permittee to maintain liability insurance at amounts approved by the director of transportation services; and (5) Contain such conditions as the director of transportation services finds appropriate considering public safety, surrounding uses, and the public interest, including requiring signs stating that an area designated for public use is open to the public. (c) A permit issued under subsection (a) for private purposes is valid for no longer than 90 days. A permit issued under subsection (a) exclusively for complete streets features as defined in Chapter 14, Article 18 , for the use and enjoyment of the public may be issued for a term not to exceed 180 days. (d) Where the use, enclosure, or obstruction of a parking meter space also requires a permit under Title 19, Chapter 129 of the Hawaii Administrative Rules, entitled “Use of Traffic Control Devices at Work Sites on or Adjacent to Public Streets and Highways,” a permit may not be issued by the director of transportation services until the applicant has made the payment required under subsection (a), based on the estimated number of days that the parking meter spaces will be used, enclosed, or obstructed. The permittee must notify the department of transportation services immediately upon termination of the use, enclosure, or obstruction. (e) All moneys due and collected under this section must be deposited in the highway fund created by HRS Chapter 249, as amended. In the event there is a variance between the amount collected and the amount due, adjustment must then be made by or with the department of transportation services. (f) The director of transportation services may adopt rules pursuant to HRS Chapter 91 implementing this section. )