Abandoned and unattended property
Proposed Rules and Reasoning
§13-104-11 Vehicles and transportation.] §13-104-11 Vehicles and transportation.
[(b) Any vehicle or property left unattended within a forest reserve for longer than forty-eight hours without prior written permission from the board or its authorized representative shall be considered abandoned. Any abandoned vehicle or property may be impounded or towed away by the board or its authorized representative at the expense of the owner.]
§13-104-5.5 Abandoned and unattended property. No person shall abandon or leave personal property unattended within a forest reserve for any purpose not otherwise authorized or inconsistent with the purposes of the forest reserve. All such property may be seized, impounded, or otherwise confiscated by the board or any authorized representative.
(1) If unattended personal property, including but not limited to motor vehicles, interferes with the safe or orderly management of a forest reserve or is stored on the publicly-managed lands, the personal property may be seized or impounded by the board or its authorized representative. Any article or instrument that is dangerous, noxious, hazardous, or considered as contraband under the laws of the State of Hawaii, which could endanger the health, safety, or welfare of the public, or public property, may be immediately seized and disposed of by any authorized representative of the department if found abandoned or unattended in the forest reserve.
(2) All impounded vehicles shall be towed to a place of storage. Owners of towed vehicles shall contact the division or the division of conservation and resource enforcement branch office for information on towed vehicles. Towing, storage, and other related costs shall be assessed pursuant to section 290-11, Hawaii Revised Statutes.
(3) All impounded or confiscated property, other than vehicles, shall be moved to a place of storage, and the owner shall be assessed moving, storage, and other related costs. Additionally, the owner of this property shall bear the responsibility for the risk of any loss or damage to their property.
(4) Abandoned vehicles may be sold at public auction pursuant to section 290-11 Hawaii Revised Statutes. All other impounded or confiscated property shall be disposed of pursuant to section 171-31.5, Hawaii Revised Statutes.
Reasoning for proposed change: This new section and definition have been added to address the increasing problem of personal property being abandoned in forest reserves statewide. This provision will create a procedure that addresses the removal of abandoned items, waste, vehicles and bulky items that have been dumped in forest reserves.
[Strikethrough] – Text proposed for removal. Underline – Text proposed for addition.