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Military Justice, other pertinent Navy directives, and federal law.

[41 FR 29672, July 19, 1976, as amended at 51 FR 22283, June 19, 1986]

Subport B–Executive Authority; Authorized Powers; Emergency Authority

$762.6 Executive authority; duration. The executive authority at the Mid

way Islands is vested in the Secretary

of the Navy. The Officer—in–Charge, U.S. Naval Air Facility, Midway Island, is the agent of the Secretary or his disignee in carrying Out any function, power, or duty under this part 762. The Officer—in–Charge's authority commences upon his assumption of Command of U.S. Naval Air Facility, Midway Island, and continues until he is relieved of that command by replacement. In the event of the absence, disability, or death of the Officer—in– Charge, the Acting Commanding Officer of U.S. Naval Air Facility, Midway Island, is vested with the authority prescribed in this part for the Officer— in–Charge and shall remain so vested until the return, recovery, or replacement of the Officer—in—Charge.

[41 FR 29672, July 19, 1976, as amended at 51 FR 22283, June 19, 1986]

$762.8 Authorized functions, powers, and duties.

The Officer—in-Charge may, personally or through his staff: (a) Issue citations for violations of Subpart C of this part; (b) Abate any public nuisance upon the failure of the person concerned to Comply with a removal notice; (C) Make Sanitation and fire-prevention inspections; (d) Perform marriages, and maintain records of vital statistics, including birth, marriage, and death certificates;

(e) Inspect vehicles, including bicy

cles, for roadworthiness, and boats for Seaworthiness; (f) Confiscate property used in committing a crime; (g) Investigate accidents and suspected crimes; (h) Move unlawfully parked vehicles, boats, or aircraft;

(i) Take possession of lost or abandoned property and dispose of it under the provisions of 10 U.S.C. 2575 and applicable Navy directives; (j) Delay or restrict the departure of any aircraft for reasonable cause; (k) Inmpose quarantines; (1) Impound and destroy unsanitary food, fish, or beverages; (m) Evacuate any person from a hazardous area; (n) Establish and maintain a facility for the lawful restraint or confinement of persons and provide for their care; (O) Remove any person from the Midway Islands for cause; (p) ISSue traffic regulations that are not inconsistent with this part, and post traffic signs; (q) Perform any other acts, not inconsistent with this part or other applicable laws or regulations, that he considers necessary for protecting the health and Safety of persons and property on the Midway Islands: and (r) ISSue any order or notice necessary to implement this section.

[41 FR 29672, July 19, 1976, as amended at 51 FR 22283, June 19, 1986]

$762.10 Emergency authority.

During the imminence and duration of any emergency, the Officer—in– Charge may perform any acts necessary to protect life and property.

[41 FR 29672, July 19, 1976, as amended at 51 FR 22283, June 19, 1986]

Subport C–Crimindl Law; Petty Offenses; Pendlties

§762.15 General.

In addition to any act made criminal in this part, any act Committed on Midway Islands which would be a violation of the laws of the United States; or of the provisions of title 37, “Hawaii Revised Statutes,” as they now appear

or as they may be amended or recodi

fied; or any act committed on the Midway Islands that would be criminal if Committed on board a merchant vessel or other vessel belonging to the United States, is a criminal offense and shall be punished, respectively, according to this part; the laws of the United States; title 37, “Hawaii Revised Statutes,” as it now appears or as it may be annended or recodified; or according to the laws applicable on board United States vessels on the high seas. [The Act of June 15, 1950 (ch. 253, 64 Stat. 217).]

$762.16 Adoption of certain criminal rovisions of the Hawaii Revised tatutes.

(a) Offenses adopted. Whoever on the Midway Islands is guilty of any act or onmission, which, although not made punishable by an enactment of Congress or under §§762.20 through 762.39, would be punishable if Committed within the State of Hawaii by the laws thereof at the time of such act or OmisSion, shall be guilty of a like Offense and subject to a like punishment.

(b) Jurisdiction over such offenses. The United States District Court for the District of Hawaii shall have jurisdiction to try all such offenses except those which are subject, under title 37, “Hawaii Revised Statutes,” as it now appears or as it may be amended or recodified, to a penalty of imprisonment for Six months Or less or a fine Of not more than $500 or both. Those offenses falling within the above-stated exception shall be tried in the Midway Is– lands Court.

$762.17 Conflicts of laws.

In no event shall the provisions of this part Supersede the Uniform Code of Military Justice when the latter is applicable. Any adopted provisions of title 37, “Hawaii Revised Statutes,” as they now appear or as they may be annended or recodified, which duplicate or conflict with any other provisions of this part Shall be of no effect.

$762.18 Time limitations.

(a) A prosecution for any petty Offense under this part must be commenced within two years after it is Committed.

(b) An Offense is committed either When every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(c) A prosecution is commenced either when an information is filed, or

when an arrest warrant or other proceSS is issued, provided that such warrant Or process is executed without unreasonable delay. (d) The period of limitation does not I’ll]]. (1) During any time when the accused is absent from the Midway Islands or has no reasonably ascertainable place of abode or work within the Midway Islands, but in no case shall this proviSion extend the period of limitation otherwise applicable by more than three years; or (2) During any time when a prosecution against the accused for the same conduct is pending in the Midway Islands Court. (e) Except those offenses which are subject, under title 37 of the “Hawaii Revised Statutes,” as they now appear Or as they may be amended or recodified, to a penalty of imprisonment for Six months or less or a fine of not more than $500, or both, offenses charged and treated under §762.16 (a) and (b), shall be subject to the appropriate time-limitation rules Set forth in Section 108, title 37, “Hawaii Revised Statutes,” as it now appears or as it may be amended Or recodified.

$762.19 Petty offenses; general.

All offenses contained in §§762.20 through 762.39 and those offenses adopted under §762.16(a), as they now appear or as they may be amended or recodified, which are subject, under title 37, “Hawaii Revised Statutes,” to a penalty of imprisonment for six months or less or a fine of not more than $500, or both, shall be termed “Petty Offenses” and subject to the penalties set forth in §§762.40 through 762.49.

$762.20 Breach of the peace offenses.

It shall be unlawful for any person, while on the Midway Islands:

(a) With intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, to engage in fighting, threatening, or other violent or tumultuous behavior; or to make unreasonable noise or offensively Coarse utterances, gestures, or displays, or address abusive language to any person present; or to create a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; (b) Having no legal privilege to do SO, knowingly or recklessly to obstruct any roadway, alley, runway, private driveway, or public passage, or interfere with or unreasonably delay any emergency vehicle or equipment Or authorized vehicle, boat, vessel, or plane, or any peace officer, fireman, or other public official engaged in or attempting to discharge any lawful duty or of fice, whether alone or with others. “Obstruction” as used in this paragraph means rendering impassable without unreasonable inconvenience or hazard; (c) When in a gathering, to refuse to obey a reasonable request or order by a peace officer, fireman, or other public official to move; (1) To prevent an obstruction of any public road or passage; (2) To maintain public Safety by dispersing those gathered in dangerous proximity to a public hazard. An order to move under this paragraph addressed to a person whose speech or other lawful behavior attracts an obStructing audience, is not reasonable if the obstruction can be readily remedied by police control; (d) To be substantially intoxicated on any Street, road, beach, theater, club, or other public place from the voluntary use of intoxicating liquor, drugs, or other substance. As used in this paragraph, “Substantially intoxicated” is defined as an actual and considerable disturbance of mental or physical capacities; (e) With intent to arouse or gratify Sexual desire of any other person, to expose one’s genitals to a person to whom One is not married under Circumstances in which one’s conduct is likely to cause affront or alarm; or (f) Who is a minor under the age of 18 years, except a person in the military, to loiter about or otherwise be on any Street, road, beach or other public place or in any theater, club, or other facility between the hours of 12:00 midnight and 5:30 a.m. unless accompanied by an adult over the age of 21 years and with the express permission of such minor’s parent or legal guardian; and for

any parent, guardian, or other person having the legal care, custody, or control of any minor under the age of 18 years, except a person in the military, to allow or permit such minor to violate this ordinance.

$762.22 Offenses against property.

It shall be unlawful for any person, while on the Midway Islands: (a) To loiter, prowl, or wander upon or near the assigned living quarters and adjacent property of another without lawful purpose, or, while being upon or near the assigned living quarters and adjacent property of another, to peek in any door or window of any inhabited building or structure located thereon without lawful purpose; (b) To enter upon any assigned residential quarter or areas immediately adjacent thereto, without permission of the assigned occupant; (c) Who is a male to enter any area, building, or quarter reserved for Women, except in accordance with established visiting procedures; (d) Who is a female to enter any area, building, or quarter reserved for men, except in accordance with established visiting procedures; (e) To enter or remain in, without lawful purpose, any office building, warehouse, plant, theater, club, School, or other building after normal operating hours for that building; (f) To enter or remain in any area, or building designated and posted as “restricted” unless authorized by proper authority to be there; or (g) To steal any Services or property of a value of less than $50 belonging to or property of another.

$762.24 Moral offenses.

It shall be unlawful for any person, while on the Midway Islands:

(a) To engage in prostitution. “Prostitution” means the giving or receiving of the body for sexual intercourse for hire or for indiscriminate Sexual intercourse with or without hire; or

(b) To do any lewd act in a public place which is likely to be observed by others who would be affronted or alarmed. “Lewd Act” includes any indecent or obscene act.

$762.26 Alcoholic beverages offenses.

It shall be unlawful for any person, while on the Midway Islands:

(a) To sell any alcoholic beverages to any person who, because of age, would be prohibited from purchasing that beverage in a civilian establishment in Hawaii. It shall not be unlawful, however, for persons authorized to sell alcoholic beverages to Sell beer with an alcoholic content of not more than 3.2 percent by weight to military personnel regardless of age; or

(b) To present or have in his possession any fraudulent evidence of age for the purpose of obtaining alcoholic beverages in violation of $762.26(a).

$762.28 Vehicle offenses.

It shall be unlawful for any person, while on the Midway Islands: (a) To operate or use intentionally any automobile, truck, bicycle, motorCycle or other vehicle, aircraft, or boat or other vessel, for any purpose, without consent of the owner thereof or his authorized agent; (b) To operate any bicycle that has not been properly registered with the Security Department, U.S. Naval Air Facility, Midway Island, within one week after entering U.S. Naval Air Facility, Midway Island, with such bicycle, or within 72 hours after Ownership or possession thereof has been obtained On the Midway Islands. (c) To operate any automobile, truck, bicycle, motorcycle or Other vehicle, aircraft, or boat, or other vessel, without due regard for safety of others; (d) To operate any automobile, truck, bicycle, motorcycle, or other vehicle and disregard or disobey any traffic regulation, sign, or marking erected, inscribed, or placed by competent authority on the Midway Islands, including, but not limited to, “Stop,” “Yield,” “Speed,” and “No Parking” Signs; (e) TO Operate a United States Government vehicle without holding a current United States Government operator’s license for that type of vehicle; (f) To operate a privately owned automobile, truck, motorcycle, or like motor vehicle without holding a valid Operator’s license from some State or territory of the United States;

(g) To operate any automobile, truck, bicycle, motorcycle, or other vehicle, aircraft, or boat or other vessel, or other means of conveyance while under the influence of alcoholic beverages, narcotic drugs, Central nervous System stimulants, hallucinogenic drugs or barbiturates; or

(h) To exceed the speed limit for automobiles, trucks, bicycles, motorCycles, or other vehicles. Unless otherwise posted, the Speed limit throughout the Midway Islands is 15 miles per hour.

$762.30 Weapons offenses.

It shall be unlawful for any person, while on the Midway Islands:

(a) Other than a security patrolman or shore patrolman or other duly appointed official in the performance of an official duty, to carry a concealed pistol or other concealed firearm, or a concealed knife with a blade more than four inches long or with a blade capable of being opened by a mechanical device, commonly known as a Switchblade knife; Or

(b) Without proper authority, to keep or use in any place any dangerous weapons including rifles, shotguns, pistols, airguns, CO2 guns, pellet guns, and BB guns.

$762.32 Offenses against the environment.

It shall be unlawful for any person, while on the Midway Islands: (a) Knowingly to place, throw, drop, or allow to drop any litter on any property or in any waters or beach. “Litter” means rubbish, refuse, and debris of whatever kind or description, whether or not it is of value; (b) To grossly waste potable water; Or (c) To remove, injure, or destroy any wild bird, egg, or seal, or for any owner of a dog or other pet to allow knowingly such dog or other pet to remove, injure, or destroy any wild bird, egg, or seal, or for the parent or legal guardian of any minor child to allow knowingly such minor child to remove, injure, or destroy any wild bird, egg, or seal.

§ 762.34 Miscellaneous offenses.

It shall be unlawful for any person, while on the Midway Islands:

(a) To engage in a trade, business, or other commercial activity on Midway Islands without first obtaining Written permission from the Officer-in-Charge, U.S. Naval Air Facility, Midway ISland; (b) To Smoke or ignite any fire in any designated and posted “No Smoking” area, or in the immediate proximity of any aircraft, fueling pit, or Ordnance Or pyrotechnic Storage areas; (c) Knowingly to report or cause to be reported to the Security Department, Fire Department, or any official thereof, or to any other public official, or willfully to activate, or cause to be activated, any alarm, that an emergency exists, knowing that Such report or alarm is false. “Emergency,” as used herein, includes any condition which results, or could result, in the response of a public official in an emergency vehicle, or any condition which jeopardizes, or could jeopardize, public lives or Safety, or results or could result in the evacuation of an area, building, structure, vehicle, aircraft, or boat or other vessel, or any other place by its OCCupants; Or (d) Intentionally to report to any Shore patrolman, security patrolman, fireman, officer of the day, junior officer of the day, or other public official authorized to issue a warrant of arrest Or make an arrest, that a crime has been committed, or make any oral or Written Statement to any of the above officials concerning a crime or alleged Crime or other matter, knowing such report Or Statement to be false.

[41 FR 29672, July 19, 1976, as amended at 51 FR 22283, June 19, 1986]

$762.35 Attempt.

(a) A person is guilty of attempt to commit a crime if he commits an act, done with the Specific intent to commit an offense, announting to more than mere preparation and tending, even though failing, to effect its Commission.

(b) It shall be unlawful for any person, while on the Midway Islands to attempt to violate any Section of Subpart C, including all offenses adopted from title 37, “Hawaii Revised Statutes,” as they now appear or as they may be anended or recodified. Any person conVicted of an attempt to commit an of

fense shall be subject to the same appropriate penalties authorized under §§762.40 through 762.49 for the commisSion of the Offense attempted, except that attempts of all offenses adopted under $762.16, except those which are Subject, under title 37, “Hawaii Revised Statutes,” as it now appears or as it may be amended or recodified, to a penalty of imprisonment of six months or less or a fine of not more than $500, Shall be punished as directed by appropriate Sections of title 37, ‘‘Hawaii Revised Statutes,” as they now appear or as they may be amended or recodified.

$762.40 Penalties for petty offenses.

Whoever is found guilty of a violation of any petty offense under this Subpart, other than $762.28 (b) through (h), is subject to a fine of not more than $500 Or inprisonment for not more than Six months, or both.

$762.42 Penalties for motor vehicle violations.

Whoever is found guilty of a violation of any one of $762.28 (b) through (h), is subject to a fine of not more than $100, inprisonment of not more than 30 days, or Suspension or revocation of his privilege to drive a motor vehicle aboard U.S. Naval Air Facility, Midway Island, or any combination of, or all of, these punishments.

$762.44 Contempt.

Judges of the Midway Islands Court may, in any Criminal case or proceeding, punish any person for disobedience of any order of the court, or for any contempt committed in the presence of the Court, by a fine of not more than $100, or imprisonment of not more than 30 days, or both.

Subport D–Midwdy Isldnds Court; Rules of Criminol Procedure

$762.50 Establishment; members; sessions.

(a) There is created a “Midway Islands Court” which is vested with the judicial authority provided in this part 762. The court shall consist of such Navy judge advocates as are designated by the Officer—in—Charge, U.S. Naval Air Facility, Midway Island, or such other command as may be designated

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