COUNTY OF KAUAI NOTICE OF EMERGENCY RULES
Pursuant to Section 127A-25(c), Hawaii Revised Statutes, the following Emergency Rules were enacted by Mayor Derek S.K. Kawakami under authority of Gubernatorial Emergency Proclamations related to the COVID-19 Pandemic, and his own proclamation dated March 4, 2020, and are hereby published as follows: Rule 1 (March 16, 2020, Amended April 13, 2020 – through May 3, 2020): Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12), and §127A-25, due to the public health concerns regarding Novel Coronavirus (COVID-19), all County of Kaua’i community centers (i.e. neighborhood centers, Anahola Clubhouse, Smokey Valley Clubhouse, Hanapepe Multipurpose Facility, and the Kaua’i War Memorial Convention Hall) swimming pools, park pavilions, and playgrounds are closed. In addition, all County stadiums (Vidinha, Hanapepe, and Bryan J Baptiste Sports Complex) and their associated parking lots are closed. All permits for these facilities are canceled until May 15, 2020. Additionally, all permitted private parties, gatherings of more than 10 people, community events, classes, programs, and indoor sporting events at all County facilities are canceled, with the exception of the Spring Fun program at the Lihu’e and Hanapepe Neighborhood Centers until May 15, 2020. County parks and beach parks will remain open to the public for use by individuals actively engaging in outdoor exercise activities, but only if appropriate social distancing practices are used. Designated County campgrounds at Lucy Wright Park, Salt Pond Beach Park, Lydgate Beach Park, Anahola Beach Park, and ‘Anini Beach Park are open only for members of our houseless community. Camping permits are required for each resident, regardless of age. Rule 6 (April 14, 2020 at 5:00 am HST, through May 3, 2020) Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12),and §127A-25, except as provided herein, all persons over the age of five (5) are required to wear some form of face covering over their nose and mouth, when outside of their home. This Rule shall not apply to persons: engaging in a permissible outside exercise while practicing social distancing; that are riding in a personal vehicle with members of their own shelter group (household members) only; for sustenance consumption purposes; entering into banks or other financial institutions and while using an Automated Teller Machine (ATM) to withdraw funds, where the inability to verify the identity of the person may pose a security risk; or when a medical condition prohibits the use or causes a greater health or safety risk. Definition: A "face covering" means a tightly woven fabric without holes that covers the nose and mouth secured to the head with either ties or straps, or simply wrapped and tied around the face. It can be made of a variety of fabrics such as cotton, silk, or linen. A cloth face covering may be factory-made, sewn by hand, or can be improvised from household items such as handkerchiefs, scarfs, or T-shirts. "Home" means a dwelling, including but not limited to a single-family dwelling, condominium, apartment, property, or shelter. Does not include any common areas for condominiums. Force and Effect: These rules shall have the force and effect of law. Violation of this rule is a misdemeanor, subject to penalty per HRS §127A-29. Penalty per §127A-29: Any person violating any rule of the governor or mayor prescribed and promulgated pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in the rule, be guilty of a misdemeanor. Upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both. /s/ Derek S.K. Kawakami, Mayor, County of Kauai; Approved for Form and Legality /s/ Matthew M. Bracken, County Attorney (SA 1276578 4/15/20)