(a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation. Violations of vehicular smoke emission rules and open burning control rules shall constitute a violation as defined in § 701-107 and shall be enforced by police officers. The summons or citation shall be printed in the form hereinafter described, warning the person to appear and answer the charge against the person at a certain place and at a time within seven days of the issuance of the summons or citation.

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
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 342B-45

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of health. See Hawaii Revised Statutes 342B-1
  • Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
  • Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
  • Summons: Another word for subpoena used by the criminal justice system.
(b) The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.
(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 environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.
(d) Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
(e) If any person fails to comply with a summons or citation, the person who issued the summons or citation shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person’s arrest. Failure to comply with a summons or citation is a misdemeanor.