(a) Powers of arrest or citation. Police officers and any other officer so authorized shall issue a citation for any violation of this article or of any rule adopted by the director to administer, implement, or enforce this article, except they may arrest for instances when:
(1) The alleged violator refuses to provide the officer with such person’s name and address and any proof thereof as may be reasonably available to the alleged violator;
(2) When the alleged violator refuses to cease such person’s illegal activity after being issued a citation; and
(3) The alleged violator has previously been issued a citation for the same offense within a one-year period.
(b) Citation.
(1) There shall be provided for use by authorized police officers, a form of citation for use in citing violators of this article for instances that do not mandate the physical arrest of such violators. The form and content of such 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 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 of Hawaii and the City and County of Honolulu.
(2) In every case when a citation is issued, a copy of the same shall be given to the violator, or in the case of a parking, standing or stopping violation, a copy of the same shall be affixed to the vehicle as provided in paragraph (5).
(3) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original.
(4) Whenever a motor vehicle is in violation of this article, other than a parking, standing, or stopping provision, any police officer and any other officer so authorized shall take the name, address, and driver’s license number of the alleged violator and the license plate number or vehicle identification number of the motor vehicle involved, and shall issue to such alleged violator in writing a citation, notifying the alleged violator to answer to the complaint to be entered against such person at a place and at a time provided in the citation.
(5) Whenever any motor vehicle is parked, standing, or stopped in violation of this article, the police officer and any other officer so authorized finding such vehicle shall conspicuously affix to such vehicle a citation. The citation shall be addressed to the registered owner of the vehicle, but need not identify the registered owner by name. The registered owner may be unnamed, so long as the citation identifies the vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the charge against such registered owner at a time and place specified in the citation.
The registered owner of a vehicle shall be responsible and accountable for the illegal parking, standing, or stopping of the vehicle when:
(A) The registered owner committed the illegal parking, standing, or stopping of the vehicle; or
(B) Another person committed the illegal parking, standing, or stopping of the vehicle, but the registered owner gave the person explicit or implicit permission to use the vehicle at the time of the violation.
In any proceeding for violation of a parking, standing, or stopping provision of this article, the license plate number or vehicle identification number of the parked, standing, or stopped vehicle shall constitute prima facie evidence that the registered owner of the vehicle was responsible and accountable for the illegal parking, standing, or stopping of the vehicle.
(6) If a person cited for violating this article does not appear in response to a citation, a penal summons shall be issued ordering such person’s appearance in court.
(c) Severability. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(d) Penalty.
(1) Except as otherwise provided in subdivision (2), any person convicted of a violation of this article will be punished by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
(2) Any person who violates or causes a vehicle to violate the following sections will be fined not less than $25, but not more than $500:
(A) Section 10-1.2(a)(11);
(B) Section 10-1.2(b)(5);
(C) Section 10-1.2(g);
(D) Section 10-1.2(h);
(E) Section 10-1.2(i); or
(F) Section 10-1.5.
(Sec. 13-14.6, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 10, Art. 1, § 10-1.6) (Am. Ords. 90-77, 01-43, 17-3)