The council finds that there is a need for a comprehensive litter control law to increase public consciousness of the presence of litter and to reduce the amount of litter in the County. The council further finds and declares that the people of the County of Maui have an interest in reducing litter which poses a threat to public health, safety, and welfare, and the natural and scenic beauty of the County of Maui, and serves as a nuisance to the public and to property owners. The ordinance codified in this chapter establishes a comprehensive litter control law designed to provide a cleaner, safer, and more beautiful living environment for the residents of the County. (Ord. 2458 § 1, 1995: Ord. 1876 § 1 (part), 1990)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used in this chapter are defined as follows:

“Abandoned vehicle” means a vehicle that is left unattended for a continuous period of more than twenty-four hours and is unlawfully parked on public or private property.

“Corporation counsel” means the person who holds the office of corporation counsel of the County.

“County” means the County of Maui.

“Department” means the department of public works of the County.

“Department of finance” means the department of finance of the County.

“Derelict vehicle” means a vehicle from which major parts have been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists:

1. The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the director of finance;

2. The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership;

3. The vehicle identification number and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners;

4. The vehicle has not been registered for the current or previous registration periods;

5. The department of finance has no records indicating that the vehicle has ever been registered in the County; or

6. The vehicle is ten years old or older.

“Director” means the director of public works of the

county.

“Director of finance” means the director of finance of the County.

“Discard” means to throw, drop, place, or deposit.

“Enforcement officer” means any individual designated by the department to issue citations to enforce the provisions of this chapter, and any police officer of the Maui County department of police.

“Litter” means rubbish, waste material, garbage, trash, offal, or any debris of whatever kind or description that is likely to injure any person, animal, or vehicle, or that is prejudicial to the public health, safety, and welfare, whether or not it is of value, and includes, but is not limited to, improperly discarded paper, metal, plastic, glass, or solid waste.

“Litter receptacle” means any container approved by the director and made available to the public to discard litter.

“Major parts” includes but is not limited to a vehicle’s engine, intake manifold and carburetor, head, transmission, and rear end.

“Person” means an individual, corporation, government agency, trust, partnership, association or any other legal entity.

“Probable cause” means fact and circumstances within the enforcement officer’s knowledge and of which the officer has reasonably trustworthy information to warrant a person of reasonable caution to believe that a crime has been or is being committed.

“Public place” means an area owned or controlled by the County.

“Public roadway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ord. 2458 § 2, 1995; Ord. 1876 § 1 (part), 1990)

A. Any enforcement officer is authorized to:

1. Issue a written citation if such enforcement officer witnesses a violation of this chapter or has probable cause to believe that a person has violated the provisions of this chapter;

2. Investigate any litter discarded upon public places to find any personal identification contained therein;

3. Issue a written citation for a violation of this chapter;

4. Issue a notice for a violation of this chapter;

5. Tow away a vehicle at the expense of the legal or registered owner of the vehicle.

B. Any person who witnesses discarding of litter from a vehicle may report the incident to any enforcement officer. The vehicle license number, as recorded, shall constitute prima facie evidence that the littering was done by the person to whom such vehicle is registered. (Ord. 1876 § 1 (part), 1990)

A. It shall be the responsibility of owners or persons in control of any private property to maintain property free of litter at all times; provided, that this chapter shall not prohibit the storage of litter in litter receptacles for collection.

B. The department of police shall arrange to patrol and conduct surveillance activities at locations which are reported to be frequent dumping areas for litter.

C. The director of parks and recreation shall coordinate County agencies in anti-litter efforts and cooperate with the State to coordinate anti-litter campaigns. (Ord. 2458 § 2, 1995: Ord. 1876 § 1 (part), 1990)

A person commits the offense of littering if the person:

A. Discards litter upon a public place;

It shall be an affirmative defense to a prosecution under this subsection that the defendant discarded litter upon a public place designated by the department or County for the collection or disposal of litter;

B. Discards litter upon private property;

It shall be an affirmative defense to a prosecution under this subsection that the defendant had the consent of the owner of the property or the person in control of the property;

C. Discards litter upon a public roadway;

D. Drives or moves any vehicle that causes litter to become deposited upon a public roadway;

E. Permits an animal owned by such person or while in such person’s custody to excrete litter upon public or private property.

It shall be an affirmative defense to a prosecution under this subsection that the owner or person in charge of the offending animal promptly removed the litter from public or private property. (Ord. 1876 § 1 (part), 1990)

A. Any abandoned or derelict vehicle on public place or private property without authorization of the owner or occupant of the property may be towed away at the expense of the owner of the vehicle, by order of the owner, occupant, or person in charge of the property, provided that:

1. There is a posted notice prohibiting vehicles to park on the property without authorization. The notice shall state where the vehicle will be towed and held. The notice shall be of such size and be placed in a location reasonably calculated to call the sign to the attention of potential parkers; or

2. A notice is posted on the abandoned or derelict vehicle for a period of twenty-four hours which states that the vehicle will be towed after the expiration of the twenty-four-hour period. The notice shall include the location where the vehicle will be towed. The notice shall be conspicuously displayed on the vehicle.

B. Notice to Owner. Upon taking custody of any vehicle, a written notice shall immediately be sent by registered or certified mail, with a return receipt, to the legal and registered owner of the vehicle at the address on record at the department of finance. The notice shall contain a brief description of the vehicle, location of custody, and intended disposition of the vehicle if not repossessed within ten days after the mailing of the notice. A notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined.

C. Public Auction. If the vehicle is not repossessed within the time limit established by section 20.16.060B, the vehicle shall be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation; provided that the public auction shall not be held less than five days after the publication has been made. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency.

D. Repossession by Person Entitled. Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle.

Any person who is unable to post adequate security for expenses incurred in connection with the towing of the vehicle may petition the director of finance to reduce the amount of security required for repossession of the vehicle. The director of finance shall render a decision regarding said petition within twenty-four hours after the petition has been filed with the department of finance. The failure of the director of finance to render a decision on the petition within twenty-four hours after said petition has been filed shall entitle the owner to repossess the vehicle without posting any security. Any person aggrieved by a decision of the director of finance may appeal said decision to the board of variances and appeals.

E. Waiver of Public Auction Requirements. The requirements of public auction may be waived when the appraised value of any vehicle is less than two hundred fifty dollars as determined by the director of finance or his authorized representative. In that event the vehicle may, after public advertisement has been made once in a newspaper of general circulation, either be sold by negotiation, disposed of as junk, or donated to any governmental agency.

F. Effect of Transfer of Title. The transfer of title and interest by sale hereunder shall be considered a transfer by operation of law and shall be governed by the provisions applicable thereto; provided that in the event the certificate of ownership or registration is unavailable, the bill of sale executed by the County officer is satisfactory evidence authorizing the transfer of such title or interest.

G. Disposition of Proceeds. All proceeds from the sale of the vehicle shall be deposited into the fund established by section 3.25.030 of the Maui County Code. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the County within one year from the execution of the sales agreement. The registered owner shall receive priority of payment to the extent of the registered owner’s lien on the vehicle. The County may file a claim within the same period against the legal or registered owner or person with an unrecorded interest for deficiencies between the sale proceeds and expenses.

H. Disposition of Derelict Vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 20.20.060B and 20.20.060C and 20.20.060E. (Ord. 2155 § 1, 1992: Ord. 1876 § 1 (part), 1990)

A. There is established a derelict and abandoned vehicle abatement program (“DAVAP”) to be administered by the department of finance.

B. The purpose of the DAVAP is to proactively reduce, through education, assistance and enforcement, the number of abandoned vehicles left on public and private property throughout the County.

C. The director of finance shall adopt administrative rules to implement the DAVAP. The administrative rules shall set forth procedures for vehicle owners to make arrangements with the County for the towing and disposal, or disposal only, of owners’ unwanted vehicles.

D. Implementation of the DAVAP shall be subject to, and contingent upon, annual budget appropriations by the County council. (Ord. 3207 § 1, 2004)

A. Any person responsible for littering shall be liable to the County for the cost of removing such litter. The bill for the cost of removal shall be issued by the director of finance and shall contain the amount to be charged by the County. The cost of removal shall be the actual cost plus an administrative fee, as set forth in the annual budget, associated with said removal; provided, however, that the amount to be charged shall not be less than $5; provided further, that nothing in this section shall be deemed to constitute a waiver of the right to issue a citation pursuant to this chapter.

B. In the case of litter on private property, the director is authorized to notify the owner of property or the agent of such owner to properly dispose of litter located on said owner’s property. Such notice shall be sent by certified mail, addressed to said owner at the last known address and a copy thereof posted on the property. The notice shall describe the work to be done and shall state that if the work is not commenced within sixty calendar days after notice is given and diligently prosecuted to completion without interruption, the director or the director’s authorized representatives shall enter upon the property and cause the removal of the litter thereon, and the cost thereof shall be a lien on the property. The director shall observe the following procedures:

1. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within sixty days after receipt of written notice or within sixty days after the date of such notice in the event the same is returned to the County because of an inability to make delivery thereof, provided the same is properly addressed to the last known address of such owner, the director is authorized and empowered to dispose of such litter or to order its removal and disposal. The director and the director’s authorized representatives, including any contractor with whom the County contracts hereunder, and assistants, employees, or agents of such contractor are authorized to enter upon said property for the purpose of removing the litter thereon.

2. When the County has removed litter from property or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of ten percent per year shall be charged to the owner of such property who shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of ten percent per year shall accrue from the thirty-first calendar day after the bill has been mailed to the owner for the payment in the event the same has not been paid prior thereto.

3. Where the full amount due the County is not paid by such owner within thirty calendar days after the bill has been mailed for payment, the director shall cause to be recorded with the director of finance a statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The director of finance shall refer the statement for collection thereof to the corporation counsel.

4. The corporation counsel may proceed to file a mechanic’s and materialman’s lien pursuant to the provisions of part II of chapter 507, Hawaii Revised Statutes, or any other appropriate lien procedures, if the owner fails to pay the amount duly noted on the statement filed by the director.

5. The director of finance shall cause to be kept a permanent record containing:

a. A description of each parcel of property for which the notice to remove litter has been given;

b. The name of the property owner if known;

c. The date on which such notice was mailed and posted;

d. The charges incurred by the County in removing the litter and all incidental expenses in connection therewith; and

e. A brief summary of the work performed. Each such entry shall be made as soon as possible after completion of such act.

C. All moneys collected under this section shall be deposited into the litter control revolving fund as established in section 3.25.030 of the Maui County Code. (Ord. 2539 § 1, 1997; Ord. 1876 § 1 (part), 1990)

All costs recovered and other funds collected or received pursuant to this article or as may be appropriated, from time to time, by the council shall be deposited into the highway beautification and disposal of abandoned vehicles revolving fund which is established by chapter 3.25 of the Maui County Code. (Ord. 1876 § 1 (part), 1990)

A. Any person found guilty of violating any provision of this chapter or any rule adopted hereunder shall be guilty of a violation. The person shall be ordered to pay the County for the cost of litter removal and shall be fined not less than $100 nor more than $1,000 for each offense, and ordered to pick up and remove litter from a public place. (Ord. 1876 § 1 (part), 1990)