185-7. Fire danger periods, burning permits, setting fires, penalties
(a) During periods of weather when the threat of fire is particularly dangerous within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves in any branch, the manager shall establish a fire danger period by causing a fire warning to be issued by publishing a notice containing information setting forth the type of closure and a designation of the affected areas or by posting notices in public places with similar information. During fire danger periods, the manager may:
(1) Totally close or limit use within an area;
(2) Prohibit any burning;
(3) Prohibit smoking in specified areas, including in
automobiles operating in the area; and
(4) Prohibit camping in certain areas.
However, in areas where fire control operations are
in progress, a manager may prohibit public access and use without prior notice
for purposes of effective fire control operations and public safety.
(b) The manager will minimize the threat of
fires by maintaining control through the issuance and management of burning
permits or the establishment of rules by the department, pursuant to chapter
91. On other lands where the department has direct fire protection responsibility,
as described in section [185-1.5], and on adjoining property that offer a
significant threat to those lands, the department shall establish agreements
with the department [of] health to require burning plans acceptable to the
managers and the county fire chief. The issuance of permits shall be at the
discretion of the issuing officer who shall take into account whether the
issuance of a permit is compatible with safety. Holders of permits shall start
no fires during a heavy wind or without sufficient help present to control same
and shall maintain a constant watch over the fires until they have been
extinguished.
(c) Any person who violates any restriction of
a closure or any person who discards burning material within a closed fire
area, or, every person who sets a fire on land within the closed fire area
without a permit, or, every person who wilfully, maliciously, or negligently
sets a fire which burns property not owned, leased, or controlled by the person
shall be guilty of a misdemeanor. Any person violating this section shall be
fined not less than $250 nor more than $4,000 and shall be held liable for
restitution for any suppression costs and damages to public or private
property. Setting fires or causing them to be set or allowing them to escape
shall be prima facie evidence of wilfulness, malice, or negligence under this
section; provided that nothing herein contained shall apply to a person who, in
good faith, sets a back fire to check a fire already burning. A "closed
fire area" is defined as the area wherein a total closure or specific
burning restrictions are in effect during a fire danger period.
[L 1953, c 100,
§9; RL 1955, §19-57; HRS §185-7; am L 1974, c 64, pt of §1; gen ch 1985; am L
1994, c 140, §7]
