(a) Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designated in the rule, be guilty of a violation, petty misdemeanor, or misdemeanor. The governor or mayor may state and designate the penalty applicable to the offense; provided that if a penalty is not stated and designated, the person shall be sentenced in accordance with chapter 706. If the offense and penalty are not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000, imprisoned no more than one year, or both.

In lieu of a violation, petty misdemeanor, or misdemeanor, the governor or mayor may state and designate the noncompliance of a rule as an emergency period infraction, as defined in § 291D-2. Any emergency period infraction so stated and designated in the rule shall be adjudicated pursuant to chapter 291D. A person guilty of an emergency period infraction shall be fined $200 for each occurrence; provided that the governor or mayor may state and designate in the rule a fine of a different amount.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
petty misdemeanorup to 30 daysup to $1,000
For details, see Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 127A-29

  • Conviction: A judgement of guilt against a criminal defendant.
  • County: means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127A-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Emergency: means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment. See Hawaii Revised Statutes 127A-2
  • Emergency period: means the dates covered by a proclamation issued by the governor declaring a state of emergency or by a mayor declaring a local state of emergency. See Hawaii Revised Statutes 127A-2
  • States: include the several states, the District of Columbia, and the possessions of the United States, and also includes the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states. See Hawaii Revised Statutes 127A-2
(b) Notwithstanding subsection (a), any person who intentionally, knowingly, or recklessly destroys, damages, or loses any shelter, protective device, or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, imprisoned no more than one year, or both. The governor or mayor may, by rule, make further provisions for the protection from misuse of shelters, protective devices, or warning and signal devices.

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