(a) Any person convicted of a violation of this chapter shall be sentenced as follows:
(1) For a first offense, by a fine not exceeding $1,000 and either:
(A) Thirty-two hours of community service, as authorized by and defined in HRS § 706-605(1)(d); or
(B) Forty-eight hours of imprisonment;
(2) For a second conviction that occurs within five years of any prior conviction for violation of this chapter, by a fine not exceeding $1,000 and either:
(A) Sixty-four hours of community service, as authorized by and defined in HRS § 706-605(1)(d); or
(B) Ninety-six hours of imprisonment; and
(3) For a subsequent conviction that occurs within five years of any two prior convictions under this chapter, by a fine of not less than $500 but not exceeding $1,000 and either:
(A) Not less than 64 hours but not exceeding 140 hours of community service as authorized by and defined in HRS§ 706-605(1)(d); or
(B) Not less than 96 hours but not exceeding 30 days’ imprisonment.
(b) After a conviction for a first violation under this chapter, 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 Hawaii Penal Code relating to fines, HRS §§ 706-640 through 706-645.
(d) The city may maintain an action for an injunction to restrain any violation of this chapter and may take any other lawful action to prevent or remedy any violation.
(e) Any authorized personnel 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 authorized personnel making an arrest for a violation of this chapter 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 and 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 chapter that 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 it valid under the laws and regulations of the State of Hawaii and the City and County of Honolulu.
(h) In every case when a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe giving the violator 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.
(1990 Code, Ch. 21, Art. 2, § 21-2.150-1) (Added by Ord. 99-12)