§261-17.5 Arrest or citation. (a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall in the discretion of the enforcement officer:
(1) Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or
(2) Take the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to include all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.
Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.
(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
(d) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.
If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest. [L 1970, c 151, §1 and c 188, §39; gen ch 1985; am L 2020, c 70, §9]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
261-2 Development of aeronautics, general.
261-3 Legislation, intervention.
261-4.5 Biosecurity, inspection, and cargo support facilities.
261-5 Disposition of airport revenue fund.
261-5.5 Passenger facility charge special fund.
261-5.6 Rental motor vehicle customer facility charge special fund.
261-7 Operation and use privileges.
261-7.5 Airport facilities; collection of landing fees and other charges and fees.
261-7.6 Use of credit cards to pay for airport charges.
261-9 Contracts, law governing.
261-10 Exclusive rights prohibited.
261-11 Public purpose of activities.
261-13 Orders, notice, and opportunity for hearings, judicial review.
261-13.5 Promotion of safety and efficient use of facilities where congestion occurs.
261-14 Federal-state joint hearings, reciprocal services, accident reporting.
261-15 Federal airman and aircraft certificates.
261-15.5 Aircraft registration.
261-15.6 Annual registration fee.
261-17.6 Parking control at airports.
261-17.7 Lost and found money or property at airports.
261-18 Hazard pay for employees.
261-19 Exchange of violations information.
261-20 Department proceedings and reports.
261-22 Hilo International Airport.
261-23 Daniel K. Inouye International Airport.
261-26 Ellison Onizuka Kona International Airport at Keahole.
261-32 Assistance for displaced person, families, businesses and nonprofit organization.
261-53 Findings and determination for special facility leases.
261-54 Special facility lease.
261-55 Special facility revenue bonds.
261-71 Custody and disposal of abandoned aircraft.
261-72 Disposition of proceeds of sale.
261-73 Custody and disposal of derelict aircraft.
261-74 Aircraft or property taken into legal custody; unauthorized control.
261-75 Disposal of aircraft by persons in aircraft repair business.
261-91 Trespass to aircraft; penalty.
261-92 Questioning and detaining suspected persons aboard an aircraft.