The ordinance codified in this article shall be known and may be cited as the "Maui County Historic Districts Ordinance." In order to promote the economic, cultural and general welfare of the people of the county and to insure the harmonious, orderly and efficient growth and development of the county, it is deemed essential by the county council that the qualities relating to the history and culture of the county be preserved, thereby creating attractions for visitors and residents alike.

(Prior code § 8-3.1)

Historic districts may be modified or extended and new historic districts established, provided in all such cases there shall be a report from the cultural resources commission to the State department of land and natural resources, State historic preservation division. At least one public hearing shall be held by the cultural resources commission.

(Ord. No. 4026, § 5, 2013; Prior code § 8-3.11)

In the event any provision of this article conflicts with the provisions of article II of this title, the provisions of this article shall prevail.

(Prior code § 8-3.21)

The director shall provide planning, architectural, engineering, secretarial, and other services as may be required by the cultural resources commission.

(Ord. No. 4026, § 6, 2013; Prior code § 8-3.19)

Enforcement of this chapter shall be pursuant to section 19.530.030 of this title.

(Ord. No. 4026, § 7, 2013; Ord. 1016 § 1, 1980: prior code § 8-3.18)

Editor's note— Sec. 8 of Ord. No. 4026, effective April 22, 2013, repealed § 19.48.060, which pertained to violation—penalty and derived from the prior code, § 8-3.20; and Ord. 817, 1975.

There is created within Lahaina, Maui, Hawai&#699, historic district no. 1. The purpose of creating this district is to preserve historic structures and sites within the district and to enable the state and the county to make plans for the restoration of historic structures and sites. It is understood that no private land owner will be forced to restore any historic structure or site against his will. The areas composing historic district no. 1 are described as follows:

Those lands situated in the town of Lahaina, Lahaina district, county of Maui, state of Hawai&#699, and as shown more particularly on map entitled "Lahaina Historic Districts Map," dated December 14, 1966, on file in the office of the county of Maui planning commission at Naska, Kahului, Maui, Hawai&#699, and as further described below:

Area 1. Beginning at the junction of Shaw Street and Front Street, at a point where the prolongation of the northerly boundary line of Shaw Street intersects the westerly boundary line of Front Street; thence easterly along the northerly boundary of Shaw Street to its intersection with Wainee Street; thence northerly along the westerly boundary of Wainee Street to its intersection with Luakini Street; thence westerly along the southerly boundary of Luakini Street to its intersection with the western boundary of the Honpa Hongwanji mission (said parcel being further identified as Gr. 7689, Por. L. C. Aw. 4533 to Wainee); thence southerly along said boundary to its intersection with the northerly boundary of Malu-ulu-o-lele park (being that parcel of land set aside to the county of Maui by executive order number 52); thence westerly along the northerly boundary of Malu-ulu-o-lele park to its intersection with Front Street; thence northerly along the easterly boundary of Front Street to its intersection with the southerly boundary of the spring house (being further identified as that parcel of land as recorded with the bureau of conveyances on June 3, 1949, bk. 2233, p. 195); thence easterly and northerly along the boundaries of said property to its intersection with the southerly boundary of the Richards' house (being further identified as a portion of L. C. Aw. 387:1 to A. P. Mission); thence easterly along said boundary to its intersection with Luakini Street; thence northerly along the westerly boundary of Luakini Street to its intersection with Dickenson Street; thence westerly along the southerly boundary of Dickenson Street, extended along its line to its intersection with the westerly boundary of Front Street; thence northerly along the westerly boundary of Front Street to a point one hundred feet northerly beyond its intersection with the high water mark of the Pacific Ocean and the northerly boundary of the Baldwin canoe house (being further identified as L. C. Aw. 387 to A. P. Mission); thence southerly and westerly along a line parallel and at a distance of one hundred feet from the high water mark of the Pacific Ocean to the point where the one hundred foot line intersects the prolongation of the southerly boundary line of parcel 1 or L. C. Aw. 7715:3 Ahapuaa Waiokama; thence easterly along said boundary to its intersection with Front Street; thence northerly along the westerly boundary of Front Street to the point of beginning and containing a land area of 30.82 acres more or less.

Area 2. That parcel of land known as the old prison (Hale Paahao) lot, and further identified as parcel 3 of those lands set aside to the County of Maui by executive order number 16, and containing an area of 0.82 acre more or less.

Area 3. Those lands known as the Episcopal cemetery (being further identified as that parcel of land as recorded with the bureau of conveyances on April 27, 1966, bk. 5313, p. 599), and the Hale Aloha church (being further identified as that parcel of land as recorded with the bureau of conveyances on May 24, 1950, bk. 2348, p. 229), and containing an area of 0.79 acre more or less.

Area 4. Those lands identified as parcel 2 (Maria Lanakila church) and parcel 3 (seamen's cemetery) of the Campbell estate Catholic church subdivision, as recorded with the bureau of conveyances on June 4, 1965, bk. 5055, p. 596, and containing an area of 4.40 acres more or less.

Area 5. Those lands identified as lots A and B of the Wo Hing society tract, said lots being further identified as all of R. P. 594, L. C. Aw. 325 to Nowlein, portion of R. P. 5637, L. C. Aw. 8559, Ap. 6 to Lunalilo, and portion of R. P. 1178, L. C. Aw. 388, Ap. 2 to Hooheu, and containing an area of 0.31 acre more or less.

Area 6. That parcel of land known as the seamen's hospital lot, being further identified as L. C. Aw. 6499 and L. C. Aw. 962:1, and containing an area of 2.08 acres more or less.

(Prior code § 8-3.12(a))

There is created within Lahaina, Maui, Hawai&#699, a district to be known as historic district no. 2. The purpose of this district is to preserve the charm of Lahaina by preserving the architectural styles which are unique to Lahaina. This district differs from historic district no. 1 in that there are no historic structures or sites within this district to be preserved or restored. The areas composing historic district no. 2 are described as follows:

Those lands situated in the town of Lahaina, Lahaina district, County of Maui, state of Hawai&#699, and as shown more particularly on map entitled "Lahaina Historic Districts Map," dated December 14, 1966, on file in the office of the county of Maui planning commission at Naska, Kahului, Maui, Hawai&#699, and as further described below:

Area 1. Beginning at the intersection of the easterly boundary of Front Street and the northerly boundary of Malu-ulu-o-lele park; thence easterly along the northerly boundary of Malu-ulu-o-lele park to its intersection with the westerly boundary of the Honpa Hongwanji mission, said line being common to historic district no. 1, area 1; thence northerly along the westerly boundary of the Honpa Hongwanji mission to its intersection with Luakini Street, said line being common to historic district no. 1, area 1; thence westerly and northerly along the makai boundary of Luakini Street to its intersection with the southerly boundary of Richards' house; thence westerly along said boundary to its intersection with the easterly boundary of the spring house, said line being common to historic district no. 1, area 1; thence southerly and westerly along the boundaries of the spring house to the intersection with Front Street, said line being common to historic district no. 1, area 1; thence southerly along the easterly boundary of Front Street to the point of beginning, said line being common to historic district no. 1, area 1, and containing an area of 10.36 acres more or less.

Area 2. Beginning at the intersection of the westerly boundary of Luakini Street and the southerly boundary of Dickenson Street; thence northerly along the westerly boundary of Luakini Street to its intersection with Lahainaluna Road; thence westerly along the southerly boundary of Lahainaluna Road to its intersection with a line parallel to, and a distance of one hundred feet measured perpendicular from the easterly boundary of Front Street; thence northerly along the line parallel to, and a distance of one hundred feet measured perpendicular from the easterly boundary of Front Street to its intersection with the northerly boundary of that parcel of land described and recorded with the bureau of conveyances, bk. 4474, p. 226; thence westerly along said boundary and the prolongation of said boundary to a point one hundred feet beyond the high water mark of the Pacific Ocean; thence southerly along a line parallel and at a distance of one hundred feet from the high water mark of the Pacific Ocean to a point where the one hundred-foot line intersects the prolongation of the northerly boundary of the Baldwin canoe house; thence southerly along the westerly boundary of Front Street to its intersection with the prolongation of the southerly boundary of Dickenson Street, said line being common to historic district no. 1, area 1; thence easterly along the southerly boundary of Dickenson Street to the point of beginning, said line being common to historic district no. 1, area 1; and to exclude historic district no. 1, area 5, which is completely enclosed this area, and containing a land area of 7.54 acres more or less.

Historic districts no. 1 and no. 2 are shown on a map dated March 22, 1967, on file in the office of the county planning commission, signed by the chairman of the commission, which map is made a part of this title.

(Prior code § 8-3.12(b))

There is created within Wailuku Town, Wailuku, Maui, Hawai&#699, a district to be known as historic district no. 3. The purpose of this district is to preserve and protect the several well preserved historic structures and sites now existing, which are deemed to be of great value because they are closely identified with the early history of Maui county. The following are declared to be historic structures and sites: Kaahumanu church, Alexander house, the two buildings known as Hale Hoikeike, or Bailey house and annex, and Kama ditch and aqueduct. The areas composing historic district no. 3 are described as follows:

Those lands situated in the town of Wailuku, Wailuku district, county of Maui, state of Hawai&#699, and shown more particularly on the map entitled "Wailuku Historic District Map," dated July 11, 1969, on file in the office of the county of Maui planning department at Naska, Kahului, Maui, Hawai&#699, and as further described below:

Area 1. Beginning at the intersection of the westerly boundary of South High Street and the southerly boundary of Main Street; thence southerly along the westerly boundary of South High Street to its intersection with the northerly boundary of Aupuni Street; thence westerly along the northerly boundary of Koele Street; thence southerly along the westerly boundary of Koele Street to its intersection with the northerly boundary of that parcel of land recorded with the State Bureau of Conveyances as parcel 41 of plat 07 in section 4, zone 3, second division, said boundary also being a portion of the southerly boundary of that parcel of land recorded with the State Bureau of Conveyances as parcel 60 of plat 14 in section 4, zone 3, second division, also known as the Wailuku Sugar Company manager's residence; thence westerly along said southerly boundary of said parcel 60 to the easterly side of Kama ditch; thence southerly along Kama ditch, and continuing along the southerly boundary of said parcel 60, in a northwesterly direction to its intersection with the westerly boundary of said parcel 60, thence northerly along the westerly boundary of said parcel 60 to its intersection with the southerly boundary of Main Street; thence easterly along the southerly boundary of Main Street to the point of beginning, and containing an area of 12.2 acres, more or less.

(Prior code § 8-3.12(c))

A.

The exterior of all new buildings constructed within a historic district shall be constructed to meet the Secretary of the United States Department of the Interior's standards for infill construction, and shall reflect the architectural style of the district so as not to impair the value of other buildings, structures, or parks in the immediate vicinity in order that the general character of the district shall not be injured.

B.

New buildings constructed within a County historic district and the Lahaina Historic District (National Historic Landmark) shall not substantially impair the public view plane, including public view planes from the ocean.

C.

Within County historic district no. 1 and historic district no. 2, the styles of construction, alteration, repair, or modification of any structure shall be in accordance with the Lahaina Design Guidelines and shall be defined as follows:

1.

Native Hawaiian style characterized by thatched construction;

2.

19th century New England style, tempered by the availability of materials, tools, and skills, as exemplified by the Baldwin home;

3.

"Plantation vernacular", defined as a one or two-story structure with wooden balcony or lanai, or overhanging wooden or corrugated iron roof awning; and

4.

For single-family dwellings, any architectural style prevalent during the 19th century in Lahaina or which evolved from 1900 to 1960 in Lahaina, being unpretentious in style and painted in muted tones.

D.

For historic district no. 3, all new buildings or structures shall be of an architectural style compatible with the architectural styles of those historic buildings listed in section 19.50.030 of this title. The architectural style shall not be limited to any particular style or styles; however, certain architectural styles and certain architectural elements that shall not be allowed in historic district no. 3 are as follows:

1.

European and Asian styles in general;

2.

Excessively decorated styles;

3.

Flat-roofed, modernistic styles;

4.

Styles, forms, colors, and lighting that are gaudy; and

5.

Large areas of reflective materials such as glass and aluminum, unless completely in the shade at all times. Visible alternative energy systems may be allowed with the approval of the cultural resources commission.

(Ord. No. 4026, § 9, 2013; Prior code § 8-3.13)

A.

For any building or structure within any historic district established in this article, and for any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), the cultural resources commission shall have the authority to approve all plans.

B.

Application for an appropriate permit to construct, alter, repair, modify, move or demolish any building or structure in the historic districts established in this article, or any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), shall be made to the director of public works. The director of public works shall immediately notify the chair of the cultural resources commission of the receipt of the application and shall transmit it together with accompanying plans and other information to the cultural resources commission. The cultural resources commission may delegate the approval of certain minor applications to the planning director pursuant to the cultural resources commission's rules of practice and procedure.

C.

The cultural resources commission shall meet within ninety days after notification by the director of public works of the filing of the application, unless otherwise mutually agreed upon by the applicant and cultural resources commission, and shall review the plans according to procedures as set forth in this article.

D.

The cultural resources commission shall approve or disapprove such plans and, if approved, shall issue a letter of approval signed by the chair of the cultural resources commission, or the chair's designee, and attached to the application for a building permit, and immediately transmit it to the director of public works.

E.

If the cultural resources commission disapproves such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons in writing to the director of public works, and the applicant. The cultural resources commission may advise the applicant what it thinks is proper if it disapproves the plans submitted. The applicant may make modifications to the plans and shall have the right to resubmit the application at any time after so doing. The decision of the cultural resources commission to disapprove such plans shall be considered a final decision of the cultural resources commission that is appealable under section 91-14, Hawai&#699 Revised Statutes.

F.

The failure of the cultural resources commission to approve or disapprove such plans within ninety days from the date of submittal of a complete application for the building permit, unless otherwise mutually agreed upon by the applicant and the cultural resources commission, shall be deemed to constitute approval and the director of public works shall proceed to process the application without regard to a letter of approval.

G.

Within any historic district established in this article, and for any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), the director of public works shall not approve a building or demolition permit application unless a letter of approval has been issued by the cultural resources commission or the plans have been deemed approved pursuant to subsection 19.52.020(F).

H.

For the purposes of this article, buildings or structures of historic significance shall be those that are more than fifty years old and that are deemed by the State historic preservation officer to be eligible for listing in the National Register of Historic Places, based on federal criteria.

(Ord. No. 4026, § 10, 2013; Ord. 757 § 1(b), 1973; prior code § 8-3.7)

Signs within historic district no. 1 and historic district no. 2 shall be subject to section 16.13.145 of this code.

(Ord. No. 4408, § 8, 2017; Prior code § 8-3.15)

Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure within the historic districts.

(Prior code § 8-3.10)

A.

The cultural resources commission shall not issue a letter of approval for the demolition or moving of a building or structure of historic significance, except in one or more of the following instances:

1.

The director of public works or the State department of health deems the building or structure to be a hazard to public safety or health and repairs are impossible;

2.

The building or structure is a deterrent to a major historic restoration or preservation program; or

3.

The building or structure is of low priority and its retention would not materially contribute to the integrity of the historic district or the Lahaina Historic District (National Historic Landmark).

In each instance, a letter of explanation shall accompany the letter of approval.

B.

Unless waived by the cultural resources commission, any building or structure that is eligible for or is listed individually or as part of a historic district in the Hawai&#699 or national register of historic places, or the Lahaina Historic District (National Historic Landmark), that has been approved for demolition pursuant to this section shall be recorded according to the Secretary of the United States Department of the Interior's standards for mitigation, which shall include the historic American building survey or historic American engineering record, as applicable.

(Ord. No. 4026, § 11, 2013; Prior code § 8-3.8)

Any lawful use of land and/or buildings or structures existing or under construction in any historic district at the time this article is adopted may be continued; provided, that such nonconforming use may not be enlarged, nor changed into a different nonconforming use.

(Prior code § 8-3.17)

Requests for variances shall be heard pursuant to chapter 19.520 of this title.

(Ord. No. 4026, § 12, 2013; Prior code § 8-3.16)

Appeals from a final decision by the director under this chapter shall be heard in accordance with chapter 19.520 of this title. Appeals from a final decision of the cultural resources commission under this chapter shall be made to the circuit court in accordance with section 91-14, Hawai&#699 Revised Statutes.

(Ord. No. 4026, § 13, 2013; Prior code § 8-3.9)

A.

Establishment of plan. For historic district no. 1 and historic district no. 2, the plans, reports, manuals, and guidelines in subsection 2.88.080 on file with the department of planning must be used as a guide for the determination of the required land use, height of buildings, style of architecture, parking requirements, setback, lot areas, and any other matter pertaining to that particular historic district.

B.

Use regulations. Within historic district no. 1 and historic district no. 2, no building, structure, or premises may be used, and no structure may be erected, structurally altered, replaced, or enlarged, except for one or more of the following uses:

1.

Amusement centers.

2.

Apartments.

3.

Assembly areas.

4.

Automobile fueling stations, without auto repairing.

5.

Boardinghouses.

6.

Day care facilities.

7.

Duplexes.

8.

Eating and drinking establishments.

9.

Education, general.

10.

Education, specialized.

11.

Food and beverage, retail.

12.

Greenhouses.

13.

Health clubs.

14.

Historical tours, only if motor vehicles are used and parked or stored in an off-street parking area, and all customer transactions are conducted within an enclosed commercial building. As used in this subsection, the following terms are defined:

a.

"Historical tour" means a tour of all or any part of, and that originates or ends in, historic district no. 1 or historic district no. 2.

b.

"Motor vehicle" means motor vehicle as defined in section 10.04.030 of this code, and does not include any vehicle propelled by human or animal power.

c.

"Off-street parking area" means a private parking area that meets the requirements of the County's off-street parking ordinance.

15.

Hotels, if the use was lawfully initiated prior to January 7, 2022. Existing hotels may be reconstructed, renovated, or expanded if no new rooms or transient vacation rental units are added and any ground altering activity proposed in culturally sensitive areas as determined by the County archaeologist is referred to the Maui County cultural resources commission, which may review and comment on the potential impact to historic properties and cultural resources to the State historic preservation division in accordance with Hawai&#699 Revised Statutes chapter 6E.

16.

Light manufacturing and processing.

17.

Lodging houses.

18.

Medical center, minor.

19.

Parking areas, public; provided that none abut Front Street.

20.

Parks and playgrounds—Community, public, or privately operated. Recreation, refreshment, amusement, and service buildings or structures may be permitted in public parks and playgrounds when under the supervision of a government agency charged with the duties and responsibilities of maintaining and operating the parks and playgrounds.

21.

Personal and business services, including general office.

22.

Philanthropic societies or functions, including private clubs or organizations.

23.

Public facilities and public uses.

24.

Quasi-public facilities, including dwellings of religious institution leaders and staff connected as an incidental use to the religious institution.

25.

Radio transmitting and television stations, provided that antennae conform to the height limitations in historic district no. 1 and historic district no. 2.

26.

Retails, stores, and businesses.

27.

Single-family dwellings. There may be accessory buildings located on the same lot, the use of which is customary and incidental to that of the main dwelling. These may include an additional dwelling; provided, that the additional dwelling does not have a floor area of more than five hundred square feet, and the lot size is seven thousand five hundred square feet, or greater.

28.

Utility facilities, minor.

C.

Height regulations. No building within historic district no. 1 and historic district no. 2 may be more than two stories high, and more than thirty-five feet in height, except for single-family dwellings and duplexes, which are limited to thirty feet in height. "Story" is defined as the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is the portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, the basement or cellar will be considered a story.

D.

Setback area. Within historic district no. 1 and historic district no. 2, no setback area is required, except that for single-family dwellings, duplexes, or additional dwellings, a front setback area of ten feet, a rear setback area of fifteen feet, and a side setback area of five feet are required.

E.

Selling in public places. It is unlawful for any person to carry on or solicit business in any location on any street, highway, or sidewalk. The same is also unlawful in any location, in any park or open space that is owned or maintained by a government agency without the approval of the cultural resources commission, and the responsible government agency having administrative authority over the park or open space.

F.

Drinking in public. It is unlawful to consume intoxicating liquor in any public street, park, or open space that is owned or maintained by a governmental agency, without the express approval of the responsible government agency having administrative authority over the public street, park, or open space, and the cultural resources commission, or in any street, park, or open space that is privately owned without the express approval of the owner of the property. "Intoxicating liquor" means the same as in section 281-1 of the Hawai&#699 Revised Statutes. Any person violating this subsection will be fined not more than $500 or imprisoned for not more than thirty days, or both.

G.

Within historic district no. 1 and historic district no. 2, off-street parking facilities must be provided in accordance with the requirements of chapter 19.36B when any building or structure is:

1.

Constructed or increased in size; or

2.

Put to an intensified use that results in the need for additional parking space.

Off-street parking facilities constructed in compliance with this section must not abut Front Street.

(Ord. No. 5473, § 15, 2022; Ord. No. 5270, § 2, 2021; Ord. No. 4921, § 14, 2018; Ord. No. 4026, § 14, 2013; Ord. 2576 § 2, 1997: Ord. 2390 § 1, 1994; Ord. 1265 § 1, 1982; Ord. 915 § 1, 1978; Ord. 892 § 1, 1978; Ord. 862 § 1, 1977; Ord. 817 § 1, 1975: prior code § 8-3.14(I))

A.

Use regulations. Within historic district no. 3, no building, structure, or premises shall be used, and no building or structure shall hereafter be erected, structurally altered, replaced, or enlarged, except for one or more of the following uses:

1.

Single-family dwellings. Also, accessory buildings which are customary and incidental to that of the residence may be located on the same lot. Separate servants' quarters or a guest house with a floor area not more than four hundred square feet may be located on the same lot. The minimum allowable lot area shall be ten thousand square feet;

2.

Greenhouses;

3.

Parks and playgrounds—community, public, or privately operated;

4.

Churches and dwellings of the clergy connected therewith; or

5.

Buildings or premises used by the federal, state or county government for public purposes.

B.

Special Uses. The following special uses may be allowed with written approval of the cultural resources commission:

1.

Museums, art galleries, and book or gift stores; provided, that the use is operated as an accessory to the exhibit and display of the historic structures designated in section 19.50.030;

2.

Day care centers, nurseries, preschools, kindergartens;

3.

Cultural societies, clubs, or fraternal organizations;

4.

Off-street parking areas; provided, that none shall abut any public street;

5.

Residential planned developments; and

6.

Other uses that will enhance the historical and cultural nature of this district.

C.

Building height and special spacing regulations. To preserve the historical setting and the open space around the historic structures, all new construction shall be limited to building heights of two stories and not more than thirty-five feet in height or one story and not more than twenty feet in height; provided, that they are separated from the historic buildings designated in section 19.50.030 by a distance of at least one hundred feet for two-story buildings and sixty feet for one-story buildings, respectively. The separation distances shall be measured from exterior faces of the walls of each building. Also, all new buildings shall be required to be separated from the historic Kama ditch and aqueduct a distance of twenty feet from each side of said ditch and aqueduct.

D.

Off-street parking regulations. Off-street parking facilities shall be provided in connection with the erection or increase in size of any building or structure in historic district no. 3, as provided for in article II of this title. Parking lots shall be properly landscaped, and one canopy tree shall be planted for every eight parking stalls.

E.

Yard spacing. Within historic district no. 3, the required yard spacing shall be as follows:

1.

For one-story buildings, a front yard of fifteen feet, side yards of six feet, and rear yard of six feet shall be required;

2.

For two-story buildings, a front yard of fifteen feet, side yards of ten feet, and a rear yard of ten feet shall be required.

F.

Protection of trees. To preserve the many fine trees that now exist in the historic area and that are deemed invaluable to the historical setting of this district, written approval from the cultural resources commission shall be required before any large tree can be removed. A large tree shall be defined in this subsection as any tree with a trunk circumference greater than sixty inches.

G.

Signs. Within historic district no. 3, no signs that blink, revolve, or contain lighting from within shall be allowed. One sign no larger than six square feet in area shall be allowed for each legal business entity. The sign may be on a wall or mounted on the ground. All signs shall be compatible with the character of the historic structures, and shall be rustic in design.

H.

Selling in public places. It is unlawful for any vendor, peddler, huckster, or group to either display merchandise or carry on or solicit business in any location on any public street, highway, or sidewalk. The same is also unlawful in any location, in any park or open space that is owned or maintained by a government agency without the approval of the cultural resources commission and the responsible government agency having administrative authority over the park or open space.

(Ord. No. 4026, § 15, 2013; Prior code § 8-3.14 (II))