(a) Required. Any person using the recreational and other areas and facilities under the control, maintenance, management, and operation of the department of parks and recreation must first obtain a permit from the department for the following uses:
(1) Picnic groups, consisting of 50 or more persons.
(2) Camping.
(3) Sports activities, including but not limited to professional athletic contests, tournaments, or demonstration events, and professional surfing contests conducted by a league, organization, association, group, or individual.
A sports activity that requires a permit as provided under this section is subject to the following restrictions, in addition to any other conditions imposed by the rules adopted by the director:
(A) Gender equity. The department of parks and recreation shall not give preferential treatment to requests for permits for male activities over requests for permits for female activities. This requirement does not apply if:
(i) The sports activity is limited to one gender;
(ii) The rules governing a particular sports activity expressly prohibit the participation of a particular gender; and
(iii) Permits are made available on an equal basis for a similar activity with participants of another gender or to participants of all genders.
(B) Issuance standards for permits. The department of parks and recreation shall uniformly treat each application, based upon the facts presented, free from improper or inappropriate considerations and from unfair discrimination and shall exercise no other discretion over the issuance of a permit under this section, except as provided in this section and in the departmental rules.
(C) Review. Upon the department's refusal to issue a permit, the applicant for the permit is entitled to request a hearing before the director of parks and recreation or a hearings officer appointed by the director to be held within 30 days after the date of the refusal. The hearing will be subject to HRS Chapter 91. In the review, the department's decision will be upheld in the absence of a finding of abuse of discretion.
(4) Recreational activities, including nonprofit fundraising activities, sponsored by community organizations, associations, groups, or individuals.
(5) Expressive activities.
(A) Expressive activities held at Ala Moana Regional Park or in the following areas of Kapiolani Regional Park require a permit when the expressive activity involves 150 or more persons:
(i) The triangle area fronting the Honolulu Zoo bordered by Kapahulu Avenue and Monsarrat Avenue, but excluding the Honolulu Zoo;
(ii) The area within Kapiolani Regional Park bordered by Monsarrat Avenue, Paki Avenue, Poni Moi Road, and Kalakaua Avenue;
(iii) The Waikiki playground area bordered by Monsarrat Avenue, Leahi Avenue, and Paki Avenue, generally rectangular in shape;
(iv) The Leahi area bordered by Leahi Avenue, Noela Street, and Paki Avenue, generally rectangular in shape; or
(v) The archery range area bordered by Paki Avenue and Poni Moi Road, generally rectangular in shape.
(B) For all other public parks, and areas of Kapiolani Regional Park outside of the areas specified in § 10-1.3(a)(5)(A), a permit is required when the expressive activity involves 75 or more persons.
(C) This subdivision does not apply if the expressive activity is due to a spontaneous event occasioned by news or affairs coming into public knowledge within 48 hours of such expressive activity, in which case the organizer must provide written notice to the city as soon as practicable prior to such expressive activity.
(6) Meetings or gatherings or other similar activity other than expressive activities held by organizations, associations, or groups.
(7) Nonrecreational, public service activities, meetings, and gatherings other than expressive activities held by organizations, communities, or groups.
(8) Right of entry into parks for installation of utilities or construction work.
(9) The playing of musical instruments as solo or two or more instruments that fall within the standards described in paragraphs (A), (B), and (C):
(A) Musical instruments that are limited to two octaves or less, including but not limited to the following musical instruments:
(i) Tuba;
(ii) Tympani;
(iii) Maracas;
(iv) Uliuli;
(v) Castanets;
(vi) Tambourine; or
(vii) Percussion instruments in which a human hand or drumsticks are used to create sounds therefrom.
(B) Musical instruments that when played do not exceed the sound pressure level established in § 10-1.2(b)(8).
(C) Musical instruments that are used or played continuously without a regular hourly break of 30 minutes, or for more than six hours within a day.
(D) The use or the playing of a musical instrument that requires a permit as provided under this section is subject to the following restrictions, in addition to any other conditions imposed by the rules adopted by the director; provided that the restrictions do not apply to the playing of musical instruments in conjunction with expressive activities:
(i) Issuance standards for permits. The department of parks and recreation shall uniformly treat each application, based upon the facts presented, free from improper or inappropriate considerations and from unfair discrimination and shall exercise no other discretion over the issuance of a permit under this section, except as provided in this section and in the departmental rules.
(ii) Judicial review. Upon the department's refusal to issue a permit, the applicant for such permit is entitled to a review by the circuit court within 30 days after the date of the refusal. In the review, the department's decision will be upheld in the absence of a judicial finding of abuse of discretion.
(iii) Restrictions. The use or the playing of a musical instrument that requires a permit as provided hereunder is subject to the following restrictions, in addition to any other conditions imposed by the rules adopted by the director:
(aa) Time: Only between the hours of 9:00 a.m. and 6:00 p.m. daily;
(bb) Place: The playing of such instruments must be restricted to a facility especially constructed for such purpose, such as the bandstand at Kapiolani Regional Park or other areas within the park that are clearly designated in the permit; and
(cc) Manner: During the hours mentioned in clause (aa) of this subparagraph, every half-hour of playing period must immediately be followed by a 15-minute break or every one hour of playing period must immediately be followed by a half-hour break; provided that at no time may there be any continuous playing exceeding an hour.
(iv) Duration of permit. The duration of a permit issued pursuant to this subdivision cannot exceed one month.
(10) Hang gliding.
(11) Commercial activities; provided that the proposed commercial activities under the permit are consistent with the use of the park under consideration, subject to reasonable limitations on the size of the groups, and the time and area within which the event is permitted, and subject to department of parks and recreation rules and regulations regarding the solicitation of business, advertising, and commercial promotional activities.
No permits may be issued for commercial activities as prohibited by §§ 10-1.2(h) and (i).
(12) Constructing, utilizing, placing, occupying, or in any other manner, situating any tent.
(b) Director to adopt rules. The director shall adopt rules pursuant to HRS Chapter 91, to govern the use of the areas and facilities that will:
(1) Ensure maximum permissible use of the areas and facilities by appropriate distribution of users;
(2) Ensure proper, orderly, and equitable use of areas and facilities through scheduling and user controls;
(3) Ensure protection and preservation of areas and facilities by not overtaxing facilities;
(4) Promote the health, safety, and welfare of the users of the areas and facilities;
(5) Establish procedures for obtaining permits and revocation thereof; and
(6) Recommend to the council fee schedules, based upon the cost of administration for each activity authorized under subsection (a)(11).
(c) Conditions of permit. Permits shall be issued pursuant to this article and to the rules adopted by the director, and they shall be subject to the conditions in this article and to any rules adopted by the director. Any violation of this article, or of any rules adopted by the director that implement the provisions, or of any conditions contained in this article, or of any rules adopted by the director that implement the conditions, or of the terms or conditions contained in the permit which violation is caused by the permittee, members of the permittee’s group, officers, employees, or the permittee’s agents shall constitute ground for revocation of the permit by the director of parks and recreation. Any permittee whose permit has been revoked by the director may appeal to the council pursuant to the rules authorized, and the appeal must be filed by the permittee within 30 days of the mailing of a notice of the revocation to the last known address of the permittee.
*Editor’s note:
*Permits issued on or before February 9, 2017, allowing recreational stops by commercial tour companies to take place at Waimanalo Beach Park, Kaiona Beach Park, Kaupo Beach Park, Bellows Field Beach Park, Makapuu Beach Park, and Waimanalo Bay Beach Park, will continue to be valid until the permit expires.
Editor’s note:
Any permits allowing recreational stops to take place at Kokololio Beach Park issued prior to December 21, 2022, will continue to be valid until they expire.