For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Camp or Camping. The use and occupation of a public park as a temporary or permanent dwelling place or sleeping place between the hours of 10:00 p.m. and 5:00 a.m.
Commercial Activity. A use or purpose designed for profit, which includes but is not limited to:
(1) The exchange or buying and selling of commodities;
(2) The providing of services relating to or connected with trade, traffic, or commerce in general;
(3) Any activity performed by the commercial operator or its employees or agents in connection with the delivery of such commodities or services; and
(4) The soliciting of business, including the display or distribution of notices, business cards, or advertisements for commercial promotional purposes.
Notwithstanding the foregoing, the following are not considered commercial activities:
(5) The use of land for utilities;
(6) The use of the premises and facilities for official canoe regattas;
(7) The use of the premises and facilities at Hūnānāniho and Waimānalo Beach Park for music festivals, country fairs, farmer’s markets, organized youth sports for students ages pre-school through high school, and educational events that are for students ages pre-school through high school and conducted or offered by educational institutions recognized by the State of Hawai‘i department of education; and
(8) All activities and programs conducted by the department of parks and recreation and any vendors needed to conduct these activities and programs.
Director. The director of parks and recreation or the director’s designated representative.
Dwelling Place. A place used for human habitation as an overnight accommodation, lodging, or shelter on either a temporary or permanent basis.
Expressive Activities. Speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas and for which no fee is charged or required as a condition of participation in or attendance at such activity. Expressive activity generally would not include sports events such as marathons, fundraising events, beauty contests, commercial events, cultural celebrations, or other events the principal purpose of which is entertainment.
Human Habitation. The act of using, occupying, or inhabiting a place of lodging or shelter on a permanent or temporary basis as a place of residence or sojourn.
Off-Leash Park. A public park designated by the director of parks and recreation where dogs, and no other animal, shall be allowed to be off-leash.
Public Park. Any park, park roadway, playground, athletic field, beach, beach right-of-way, tennis court, golf course, swimming pool, or other recreation area or facility under the control, maintenance, and management of the department of parks and recreation.
Public park does not include a public thoroughfare defined as a “mall” under § 13-1.1, unless the public thoroughfare has been:
(1) Accepted, dedicated, or named by the council expressly as a public park or “park”;
(2) Placed under the control, maintenance, and management of and classified expressly as a public park or “park” by the department of parks and recreation; or
(3) Constructed or situated within a larger specific recreation area or facility listed in the preceding sentence.
Recreational Stops. The use of city beach parks by commercial tour companies for activities that may include but are not limited to sightseeing, spectating, picture taking, beach combing, swimming, guided tours, and eating of prepared picnic lunches.
Shopping Cart. A metal or plastic handcart on three or more wheels provided by a wholesale or retail establishment such as a supermarket.
Sleeping Place. A place used by a person for the purpose of sleeping, where the person is asleep inside a tent, sleeping bag, or some form of temporary shelter or is asleep atop of or covered by materials such as a cot, mat, bedroll, bedding, sheet, blanket, pillow, bag, cardboard, or newspapers.
Tent. A collapsible structure consisting of sheets of canvas, fabric, or other material attached to or draped over a frame of poles or a supporting rope that has more than one wall.
Traverse. To travel continuously in a direction across or through.
Wall. An upright, vertical, or slanted structure, partition, or divider serving to enclose, divide, support, or protect.
(Sec. 13-14.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 10, Art. 1, § 10-1.1) (Am. Ords. 01-43, 02-51, 08-22, 10-4, 10-5, 12-2, 12-26, 13-12, 17-3; 22-3)