Chapter 7, “Assemblies, Meetings, and Distribution of Literature on DLNR Lands

DEPARTMENT OF LAND AND NATURAL RESOURCES.
Adoption of Chapter 13-7
Hawaii Administrative Rules
April 26, 1996
SUMMARY
Chapter 7 of Title 13, Hawaii Administrative
Rules, entitled “Assemblies, Meetings, and
Distribution of Literature on Department of Land and
Natural Resources Lands”, is adopted.

§13-7-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 1
ADMINISTRATION
CHAPTER 7
ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE
ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS
§13-7-1 	Purpose
513-7-2 	Application
§13-7-3 	Definitions
§13-7-4 	Jurisdiction
§13-7-5 	Soliciting and sales
513-7-6 	Public assemblies and meetings
§13-7-7 	Sale or distribution of literature
§13-7-8 	Enforcement
§13-7-1 	Purpose. 	This chapter recognizes and
sets forth the rights and privileges of individuals or
groups to engage publicly in assemblies and meetings,
or to sell or distribute literature in parks and other
sites designated in this chapter under the
jurisdiction, management, and operation of the
department of land and natural resources of the State
of Hawaii. Specifically, the purposes of this chapter,
as to those lands, are to:
(1) 	Provide for the exercise of constitutional
freedoms, commensurate with ensuring the
normal functioning of government activities;
(2) 	Provide safe, orderly, convenient, and
efficient use of and enjoyment of those
lands by the general public;
(3) 	Ensure users of those lands free access
across the lands and free access to, among,
and between facilities on those lands;
(4) 	Prevent interference with normal pedestrian
or vehicular traffic on those lands, and
between facilities Of those lands; and
7-1

§13-7-1
(5) 	Prevent interference With or disruption
of government functions or facilities on
those lands. [Eff MAY 0 6 1996 ] 	(Auth:
HRS §§171-6, 171-7) (Imp: HRS §§171-6,
171—7)
§13-7-2 	Application. These rules govern
expressive activities in parks and other sites
designated in this chapter under the jurisdiction,
management, and operation of the department of land
and natural resources. [Eff MAY 0 6 1996 ] (Auth: HRS
§§171-6, 171-7) (Imp: HRS §§171-6, 171-7)
§13—7—3 	Definitions. As used in this chapter
unless the context clearly indicates otherwise:
“Board” means the board of land and natural
resources of the State of Hawaii.
“Chairperson” means the chairperson of the board
of land and natural resources, or a designee.
“DLNR” means the state department of land and
natural resources.
“Facilities” means public structures or
improvements on lands regulated by this chapter.
“Literature” means any written or printed
material, including but not limited to books,
Pamphlets, handbills, cards, circulars, pictures,
magazines, and leaflets, containing political,
religious, philosophical or ideological messages, or
solicitations for contributions to be made outside
DLNR land. The term does not include other items of
merchandise, such as, but not limited to, food, drink,
coffee mugs, sunglasses, flags, records, patches,
jewelry, handicraft, decals, audio or video tapes,
shirts, hats, ties, shorts, or any other clothing
articles.
“Person” means an individual or organization.
“Sale” means the transfer of money, including
monetary donations, in exchange for literature or any
other item.
“Solicit” means to ask, implore, plead for; to
endeavor to obtain by asking; to importune; or to try
to obtain.
“State” means the State of Hawaii.
[Eff May 06 1996] 	(Auth: HRS §§171—6, 171—7) (Imp:
MRS §§171—6, 171—7)
7-2

§13-7-6
§13-7-4 	Jurisdiction. 	These rules shall apply
to all areas designated as DLNR parks and certain
other areas under the management and control of the
DLNR divisions and offices. These certain other areas
are designated as:
(1) 	Fort DeRussy Beach;
(2) 	Historic preserves;
(3) 	Natural area reserves;
(4) 	Forest reserves;
(5) 	Beaches under DLNR jurisdiction;
(6) 	Certain game management areas as may be
designated by the board of land and natural
resources; and
(7) 	Unencumbered state lands immediately
adjacent to areas covered by these rules.
The areas where these rules apply for purposes of this
chapter shall be collectively referred to as “DLNR
land.” A current list of these areas shall be kept at
all DLNR state parks district offices and the office
of the chairperson. [Eff May 06 1996 ] (Auth: HRS
§§171—6, 171—7) (Imp: HRS §§171—6, 171—7)
§13—7—5 Soliciting and sales. Soliciting and the
sale of gifts, money, goods, or services on DLNR land
is prohibited, except pursuant to:
(1) 	Section 13—7—7;
(2) 	A concession, lease, or contract issued by
DLNR; or
(3) 	A permit issued by DLNR, valid as of the
effective date of these rules.
[Eff MAY 06 1996 ] (Auth: HRS §§171-6, 171-
7) (Imp: HRS §§171-6, 171-7)
§13-7-6 	Public assemblies and meetings. (a)
Public assemblies, meetings, gatherings,
demonstrations, parades, and other such events,
including those recognized under chapter 7, Hawaii
Revised Statutes, resulting in assemblies of twenty-
five or more persons are allowed on DLNR land,
provided a permit for such event has been issued by
the chairperson.
(b) 	An application for such a permit shall set
forth the name of the applicant, the date, time,
duration, nature, and place of the proposed event, an
estimate of the number of persons expected to attend,
a
7-3

§13-7-6
statement of equipment or facilities to be used and
any other information required by the permit
application form. Permittees shall display a copy of
the application containing the required information in
plain view during the event at the permitted location.
(c) chairperson shall, without unreasonable delay
and provided an application is submitted with
reasonable timeliness, issue a permit on proper
application, unless:
(1) 	A prior application for a permit for the
same time and place has been made that has
been or will be granted and the activities
authorized by that permit do not reasonably
allow multiple occupancy of that particular
location;
(2) 	It reasonably appears that the event will
present a clear and present danger to the
public health or safety; or
(3) 	The event is of such nature or duration that
it cannot reasonably be accommodated in the
particular location applied for, considering
such things as probable damage to the DLNR
land’s resources or facilities, impairment
of DLNR land’s atmosphere of peace,
tranquility, or recreation, interference
with program activities, or impairment of
public use facilities.
(d) If a permit is denied, the applicant shall be
informed in writing, with the reason(s) for the denial
set forth.
(e) The chairperson shall designate on maps,
copies of which shall be available for inspection at
all state parks district offices and the chairperson’s
office, the locations available for public assemblies.
Locations may be designated as not available for an
activity only if such activity would:
(1) 	Cause damage or injury to DLNR land;
(2) 	Unreasonably impair the atmosphere of peace,
tranquility, or recreation maintained in
DLNR land;
(3) 	Unreasonably interfere with interpretive,
visitor service, or other DLNR program
activities;
(4) 	Substantially impair the operation of public
use facilities or services of DLNR
concessionaires or contractors; or
7-4

§13-7-7
(5) 	Present a clear and present danger to the
public health and safety.
(f) 	The permit may contain such conditions as
are reasonably consistent with protection and use of
the DLNR land for the purposes for which the land is
managed. It may also contain reasonable limitations on
equipment to be used and the time and area within
which the event is allowed.
(g) 	No permit shall be allowed for a period in
excess of seven consecutive days, provided that a
permit may be extended for a like period, upon a new
application, unless another applicant has previously
requested use of the same location for the same time
period and multiple occupancy of that location is not
reasonably possible.
(h) 	No person shall engage in activities covered
under this section so as to obstruct or impede
pedestrians or vehicles, or harass visitors to DI~NR
land, either verbally or with physical Contact.
(I)Should the number of applications for a permit
exceed the available area at a particular location and
time, the chairperson reserves the right to allocate
spaces for which permit applications were received in
the chairperson’s sole discretion, on the basis of a
shared use concept.
(j) A permit may be revoked under any of the
conditions listed in paragraph (c) that constitute
grounds for the denial of a permit. Such a revocation
shall be made in writing, with the reason(s) for
revocation clearly set forth, except under emergency
circumstances, when an immediate verbal revocation or
suspension of the permit may be made, to be followed
by written confirmation within seventy—two hours.
(k) 	Violation of the terms and conditions of a
permit issued in accordance with this section may
result in the suspension or revocation of the permit.
[Eff May 06 1990 ] (Auth HRS §§171-6, 171-7)
(Imp: HRS §§171-6, 171-7)
§13-7-7 	Sale or distribution of literature.
(a) 	The sale or distribution of literature is allowed
on DLNR land. However, the use of a portable table or
chair to sell or distribute literature on DLNR land,
in sizes and numbers acceptable to the chairperson, is
allowed only if a permit for such use has been issued
by the chairperson. No other structure or equipment,
7-5

§13-7-7
including, but not limited to display mats, park
surfaces, tents, canopies, podiums, or platforms,
shall be used to sell or distribute literature on DLNR
land.
(b) 	An application for a permit under this -
section shall set forth the name of the applicant, the
name of the organization (if any), the date, time,
duration, and location of the proposed sale or
distribution, the number of participants, a statement
of equipment or facilities to be used, and any other
information required by the permit application form.
Permittees shall display a copy of this application in
plain view on any permitted portable table or chair.
Permittees not using a portable table or chair shall
keep a copy of this application with them, and shall
produce it upon request.
(c) The chairperson shall, without unreasonable
delay and provided an application is submitted with
reasonable timeliness, issue a permit on proper
application unless:
(1) 	A prior application for a permit for the
same time and location has been made that
has been or will be granted and the
activities authorized by that permit do not
reasonably allow multiple occupancy of the
particular location;
(2) 	It reasonably appears that the sale or
distribution will present a clear and
present danger to the public health and
safety;
(3) 	The number of persons engaged in the sale or
distribution exceeds the number that can
reasonably be accommodated in the particular
location applied for, considering such
things as damage to DLNR land resources or
facilities, impairment of the atmosphere of
peace, tranquility, or recreation in DLNR
land, interference with program activities,
or impairment of public use facilities;
(4) 	The location applied for has not been
designated as available for the sale or
distribution of literature; or
(5) 	The activity would constitute a Violation of
an applicable law or regulation.
(d) 	If a permit is denied, the applicant shall
be informed in writing, with the reason(s) for the
denial set forth.
(e) The chairperson shall designate on maps,
copies of which shall be available for inspection at
7-6

§13-7-7
all state parks district offices and the office of the
chairperson, the locations within DLNR land where
permitted activities may occur. Locations may be
designated as not available for issuance of permits,
only if activities under the permit would:
(1) 	Cause injury or damage to DLNR land
resources;
(2) 	Unreasonably impair the atmosphere of peace,
tranquility, or recreation maintained in
DLNR land;
(3) 	Unreasonably interfere with interpretive,
visitor service, or other DLNR program
activities;
(4) 	Substantially impair the operation of public
use facilities or services of DLNR
concessionaires or contractors; or
(5) 	Present a clear and present danger to the
public health and safety.
(f) 	The permit may contain such conditions as
are reasonably consistent with protection and use of
the DLNR land for the purposes for which the DLNR land
is managed.
(g) 	No permit shall be issued for a period in
excess of fourteen consecutive days, provided, that a
permit may be extended for a like period, upon a new
application, unless another applicant has requested
use of the same location for the same time period and
multiple occupancy of that location is not reasonably
possible.
(h) 	Should the number of applications for a
permit exceed the available area at a particular
location and time, the chairperson reserves the right
to allocate spaces for which permit applications were
received in the chairperson’s sole discretion, on the
basis of a shared use concept.
(I) 	No person shall engage in the sale or
distribution of literature so as to obstruct or impede
pedestrians-or vehicles, harass visitors to DLNR land,
either verbally or with physical contact, misrepresent
the purposes or affiliations of those engaged in the
sale or distribution, or misrepresent whether the
literature is available without cost or donation.
(j) 	A permit may be revoked under any of the
conditions listed in paragraph ©) that constitute
grounds for denial of a permit, or for violation of
the terms and conditions of the permit. Such a
revocation shall be made in writing, with the
reason(s) for
7-7

§13-7-7
revocation clearly set forth, except under emergency
circumstances, when an immediate verbal revocation or
suspension of the permit may be made, to be followed
with a written confirmation within seventy—two hours.
(k) 	Violation of the terms and conditions of a
permit issued in accordance with this section ma y
result in the suspension or revocation of the permit.
[Eff MAY 06 1996](Auth: HRS §§171-6, 171-7)
(Imp: HRS §§171-6, 171-7)
§13-7-8 	Enforcement. 	(a) Any person violating
any provision of this chapter shall be subject to a
fine of not more than $500 a day for the first offense
and shall be liable for administrative costs incurred
by DLNR and for payment of any damage suffered by
DLNR. Upon a second and any subsequent offense, the
violator shall:
(1) 	Be fined not less than $500 or more than
$2,000 per day;
(2) 	If required by the board, restore any DLNR
land affected to its original condition if
altered and assume the costs thereof; and
(3) 	Assume such costs as may result from advfrse
effects from such restoration.
(b) 	In addition, the DIJNR reserves the right to
seize any literature or any other merchandise, such
as, but not limited to, food, drink, coffee mugs,
sunglasses, flags, records, patches, jewelry,
handicraft, decals, audio or video tapes, shirts,
hats, ties, shorts, or any other clothing articles,
being sold or distributed on DLNR land by any person
violating any provision of this chapter. - DLNR may
dispose of any such seized items in accordafice with
law. [Eff MAY 06 1996 ] (Auth: HRS §§171-6, 171-7)
(Imp: HRS §§171-6, 171-7)
7-8

DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-7, Hawaii Administrative Rules, on the
Summary Page dated April 26, 1996, was adopted on
April
26, 1996 by the Board of Land and Natural Resources
following public hearings held on January 22, 23, 24,
25, 26 and 30, 1996 after public notice was given in
the Honolulu Advertiser, Hawaii Tribune — Herald, Maui
News, and the Garden Island newspapers on December 21,
1995.
The adoption of chapter 13—7 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Signed
__________________
Chairperson
Board of Land and
Natural Resources
APPROVED:
Signed
____________________
Benjamin J. Cayetano
Governor
State of Hawaii
Date: April 26, 1996
APPROVED AS TO FORM:
_______________________
Deputy Attorney General
APR 26 1996
Filed
7-9