§46-12 Cleaning shores and beaches of
seaweed, limu, and debris. The various counties shall be responsible for
removing and clearing all seaweed, limu, and debris which are likely to create
an unsanitary condition or to otherwise become a public nuisance from the
shores and beaches situated within the respective counties; provided that to
the extent any of the foregoing work is a private responsibility, the
responsibility may be enforced by the county in lieu of the work being done at
public expense. [L 1965, c 191, §1; Supp, §138-55; HRS §46-12]
Case Notes
County has sole
responsibility for shores and beaches likely to be used with some frequency by
members of the public. 66 H. 55, 656 P.2d 1336.
Notes of Decisions
Cited in
4
cases, 1982–2020 · leading case:
Littleton v. State, 656 P.2d 1336 (Haw. 1982).
Littleton v. State, 656 P.2d 1336 (Haw. 1982).
· cites it 14× “Even assuming that HRS §§ 46-12 and 62-34(9) impose a duty upon the City to clear debris off the beaches, and the log is considered a debris, and such duty extends beyond the boundaries of the park, the law does not impose upon the City a duty to clear debris when it is being…”
Marsland v. Pang, 701 P.2d 175 (Haw. App. 1985).
· cites it 2× “As to what constitutes a public nuisance within the meaning of HRS § 46-12, we consider the following statement of the Kansas court to be generally applicable: A nuisance, to be a public nuisance, must be in a public place, or where the public frequently congregate, or where…”
Haynes v. Haas., 463 P.3d 1109 (Haw. 2020).
· cites it 4× “In Littleton, the court addressed whether the City and County of Honolulu could be liable for damages to a plaintiff who had been injured on the beach by a washed-up log when the City failed to fulfill its statutory mandate under HRS § 46-12 to remove debris that could…”
Collard v. United States, 691 F. Supp. 256 (D. Haw. 1988).
· cites it 2× “Under Haw.Rev.Stat. § 46-12, the county is responsible for removing and cleaning all debris likely to become a public nuisance from the shores and beaches.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.