(a) Any person committing, aiding, abetting, or assisting in any manner another person in violating one or more provisions of this article may be subject to either:
(1) Criminal prosecution, which may result in a court-ordered fine not exceeding $500, or imprisonment for a period not exceeding six months, or both; or
(2) Civil penalties imposed by the department pursuant to rules adopted in accordance with HRS Chapter 91, which may include fines, or suspension of transportation services on the city transit system, as allowed by law.
(b) Notwithstanding any provision to the contrary in this section, any person who makes, sells, issues, or knowingly uses or possesses any imitation or counterfeit transit pass, coupon, or city payment card will be fined not more than $2,000, imprisoned for not more than one year, or both.
(c) Each day a violation is committed or permitted to continue constitutes a separate offense and is punishable as such under this section.
(d) Any authorized police officer, upon arresting a person for a violation of this article, shall take the name and address of the alleged violator and shall issue to that person a summons or citation hereinafter described, notifying the person to answer to the complaint to be entered against the person at a place and at a time provided in the summons or citation, except that the officer may make a physical arrest in instances when:
(1) The alleged violator refuses to provide the officer with such person’s name and address or any proof thereof as may be reasonably available to the alleged violator;
(2) The alleged violator fails or refuses to immediately cease and desist from the prohibited activity or to immediately exit the city transit system vehicle, as determined by authorized transit personnel, or any police officer, after the alleged violator is issued a summons or citation; or
(3) The alleged violator has previously been issued a summons or citation for a substantially similar offense within a one-year period.
(e) There will be provided for use by police officers a form of summons or citation for use in citing violators of this article where the circumstances do not mandate the physical arrest of the violators. The form of the summons or citation will be commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and rules of the State and the city. The form and content of the summons or citation will be adopted or prescribed by the administrative judge of the district court; provided that the administrative judge may approve the use of a form of summons or citation previously adopted or prescribed for other offenses and such approval will be deemed to meet the requirements of this subsection. In every case where a citation is issued, the original must be given to the alleged violator; provided that the administrative judge of the district court may prescribe that the alleged violator be given a copy of the citation and provide for the disposition of the original and any other copies. Citations must be consecutively numbered, and each copy must bear the same number as its original.
(f) This article is in addition to and in no way limits any other federal, State, or city law, ordinance, or rule.
(Sec. 28-3.5, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 13, Art. 3, § 13-3.5) (Am. Ords. 96-67, 07-13, 23-21)