PARKS AND RECREATION
Chapters:
01 Parks and Recreation
Commission
02 Department of Parks and
Recreation
03 Territorial Boxing Commission
Chapter 01
PARKS
AND RECREATION COMMISSION
Sections:
18.0101 Park and recreation
commission-Appointments-Removals.
18.0102 Commission-Powers and
duties.
18.0101 Park and recreation
commission- Appointments-Removals.
(a) There is established within the executive
branch of the government the parks and recreation commission, which consists
of 5 members appointed by the Governor for terms of 2 years, except that the
fourth and fifth initial appointees shall serve for one year only in order to
establish staggered terms.
(b) Officials of the government may be appointed
to the commission.
(c) All appointees may be reappointed to the
commission.
(d) All appointees may be removed from the
commission by the Governor for cause; provided, that, the majority of the
commission concurs in the cause offered.
History: 1980, PL 16-55 § 5.
18.0102 Commission-Powers
and duties.
The
commission has the following powers and duties:
(1) carry out those duties as may be set out in
this title and other laws, and the rules, of the government which specifically
delegate power or authority to the commission;
(2) elect, at its first meeting and thereafter
annually at the first meeting in October, a chairman, who presides at all
meetings, and other officers as it may consider desirable from among its
members;
(3) develop policies and programs for the administration,
management and operation of the parks system and recreational activities;
(4) review and make recommendations to the
Governor and department on:
(I) comprehensive plans, applications and
acceptances pertaining to federal assistance programs prior to their final
approval and submission;
(II)
the preliminary and final budgets of the department prior to submission to the
Legislature;
(III)
during the first month of each quarter, the operation and financial records of
the department for the previous quarter; and
(IV)
the department’s annual report prior to submission to the Legislature; and
(5) perform other assignments as the Governor may
make in the furtherance of the overall development of the parks system
recreational programs.
History: 1980, PL 16-55 § 5.
Sections:
18.0201 Definitions.
18.0202 Department of parks and
recreation.
18.0203 Director-Powers and
duties.
18.0204 American Samoa parks
system-Classification-Mapping.
18.0205 Seashore reserve.
18.0206 Parks fund-Revenues from concessions and uses—Donations.
18.0207 Voluntary improvements.
18.0208 Damage to-Driving or parking on property.
18.0209 Recreational use of school facilities.
18.0210 Transfer of offices and employees.
18.0211 Federal assistance programs- Department’s powers and duties.
18.0212 Funds.
18.0213 Maintenance of areas for outdoor recreation purposes.
18.0214 Establishment of Ofu-Vaoto Marine Park.
18.0201 Definitions.
As
used in this title:
(a) “Commission” means the parks and recreation
commission.
(b) “Department” means the Department of Parks and
Recreation.
(c) “Director” means the Director of Parks and
Recreation and the head of the department.
(d) “Government” means the government of
(e) “Governor” shall mean the Governor of American
Samoa or the person who exercises the power of Acting Governor.
(f) “Legislature” means the Legislature of
American Samoa.
(g) “Parks system” means the
(h) “Person” includes the plural and includes the
individuals, partnerships, corporations, matais of families, and other legal
entities.
(i) “Territory” means the
History: 1980, PL 16-55 § 2.
18.0202 Department of Parks
and Recreation.
There is created within the executive branch
of the government a Department of Parks and Recreation. The head of that
department is a Director appointed by the Governor and confirmed by the
Legislature in accordance with 4.0112.
History: 1980, PL 16-55 § 2.
18.0203 Director—Powers and duties.
The
director has the following powers and duties:
(1) manage, develop, control and maintain the park
system;
(2) initiate, promote, equip and supervise
recreational programs in areas within the park system;
(3) submit an annual report on the operations of
the park system and recreational programs by the department for each fiscal
year to the Governor and Legislature not later than 1 December;
(4) administer the department through organizational
units which he may establish;
(5) prescribe the duties of assistants, deputies,
attendants and other persons employed in the department;
(6) manage the budget of the department;
(7) attend, ex officio, all meetings of the
commission; and
(8) establish rules in accordance with the Administrative
Procedure Act, 4.1001 et seq, to accomplish the purposes of this act.
History: 1980, PL
16-55 § 2.
18.0204
(a) There is created the
(b) The department classifies, and may subsequently
reclassify, each area within the park system in one of the following
categories:
(1) “natural preserves” which are to remain unimproved;
(2) “conservation preserves” which may be improved
for the purpose of making them accessible to the public in a manner consistent
with the preservation of their natural features;
(3) “territorial parks” or “community parks” which
may be improved for the purpose of providing public recreational facilities in
a manner consistent with the preservations and enhancement of the natural
features;
(4) “territorial recreation facilities” or
‘‘community recreation facilities’’ which may be improved for the purpose of
providing public recreation facilities; and
(5) “historical and prehistoric objects and sites”
which are administered in accordance with federal guidelines as set by the
Department of the Interior.
(c) The territorial surveyor provides the department
with maps of record, and any new maps which may be needed, for all property
within the park system not later than one year after each request by the
department.
History: 1980, PL 16-55 § 2.
18.0205 Seashore reserve.
All
land including underwater land, and water areas of the Territory of American
Samoa extending from the mean high water line seaward to 10 fathoms is
included within the park system and be administered by the director in accordance
with 1 8.0204.
History: 1980, PL 16-55 § 2.
18.0206 Parks fund—Revenues
from concessions and uses—Donations.
(a) There is established, separate and apart from
any other fund of the government, a parks fund for the development and
improvement of the parks system. The fund is managed by the department. Financial statements on the fund for each
fiscal year are included in the department’s annual report to the Governor and
Legislature.
(b) The department may grant permits and charge
fees to individuals or groups to establish concessions on or otherwise use any
part of the parks system. The fees from the permits shall be deposited in the
parks fund. Any person or group granted a permit must be bonded in an amount
necessary, in the department’s judgment, to insure that damage to the system
caused by that person or group, including littering, can be rectified.
(c) Money or the proceeds of any property
donated, granted or bequeathed for the benefit of the parks system are
deposited in the parks fund; provided, that, money or property donated,
granted, or bequeathed for specific purposes is held in trust and may only be
used for those purposes.
History: 1980, PL 16-55 § 2.
18.0207 Voluntary
improvements.
The
department may grant permits to any individuals or group to improve, without
expense to the government, any part of the park system.
History:
1980, PL 16-55 § 2.
18.0208 Damage to—Driving or
parking on property.
(a) A person may not injure or damage property
within the parks system; or remove, destroy, or deface a tree, shrub, plant, or
other attraction on or in that property. A violation of this subsection is
punishable as a class B misdemeanor.
(b) A person may not drive a vehicle on a part of
an area designated under 18.0204 as territorial parks or community parks, or
territorial recreation facilities or community recreation facilities, or
public beaches. A violation of this subsection is punishable as a class B misdemeanor.
(c) A person may not park a vehicle on a part of
an area designated under 18.0204 as territorial parks or community parks, or
territorial recreation facilities or community recreation facilities, or public
beaches. A violation of this subsection is punishable as a class C misdemeanor.
History: 1980, PL 16-55 § 2;
amd 1981, PL 17-14 § 1.
18.0209 Recreational use of school facilities.
The
department may, with the consent and cooperation of the department of
education, initiate, promote, and supervise recreational programs on
properties and in facilities under the control of the department of education.
History: 1980 PL 16-55 §
2.
18.0210 Transfer of offices
and employees.
The
Governor is authorized to transfer to the department the employees of existing
agencies or the Government, engaged in performing functions that come within
the purposes of the department and the entire or any part of the budget
related to those functions transferred.
History: 1980, PL 16-55 § 2.
18.0211 Federal assistance
programs-Department’s powers and duties.
(a) The department is authorized with respect to
federal assistance programs, to prepare, maintain and keep up-to-date, a
comprehensive plan for the development, use and conservation of outdoor
recreation resources of the Territory, to develop, operate and maintain outdoor
recreation areas and facilities of the Territory, and to oversee acquisition
land, waters and interests in land and waters for such areas and facilities.
The Legislature must be provided with a copy of the plan and any modifications
that are from time to time made to it.
(b) With the approval of the Governor, the department
may enter into contracts and agreements with the United States or any
appropriate agency thereof, keep financial and other records relating thereto,
and furnish to appropriate officials and agencies of the United States the reports
and information as may be reasonably necessary to enable those officials and
agencies to perform their duties under those programs.
(c) The department, with the approval of the
Governor, may enter into and administer agreements with the
(d) In connection with obtaining for the Territory
the benefits of any such program, the department shall coordinate its
activities with, and represent the interest of, all agencies of the territory
having interests in the planning, development and maintenance of outdoor
recreation resources and facilities within the Territory.
History: 1965, PL 9-6; amd
1980, PL 16-55 § 3.
Amendment: Changed
“board” to “department” throughout; added “with respect to federal assistance
programs” and “ use and conservation”; changed “acquire” to “oversee
acquisition”; and added last sentence to subsection (a).
18.0212 Funds.
Federal
assistance projects may be undertaken by the department only after it has
determined that sufficient funds are available to it for meeting the
Territory’s share of project costs.
History: 1965, PL 9-6; amd
1980, PL 16-55 § 4.
Amendment: Changed “board”
to “department”.
18.0213 Maintenance of areas
for outdoor recreation purposes.
It is
the legislative intent that, to the extent as may be necessary to assure the
proper operation and maintenance of areas and facilities acquired or developed
under any program participated in by this the Territory under authority of this
title, these areas and facilities shall be publicly maintained for outdoor
recreation purposes.
History: 1965, PL9-6; amd
1980, PL 16-55 § 4.
Amendment: Changed
“chapter” to “title” and “pursuant to” to “under”.
18.0214 Establishment of
(a) This act creates the
(b)
The purpose of the Ofu Vaoto marine park is to
protect its unique coral reef wildlife habitat while enabling the public to
enjoy the natural beauty of the site.
(c) The
(d) The
(e) No fishing or shellfish
harvesting shall be permitted in the
History: 1994, PL
23-13.
Chapter 03
TERRITORIAL
BOXING COMMISSION
Sections:
18.0301 Definitions.
18.0302 Territorial boxing
commission-Membership.
18.0303 Territorial boxing
commission-Meetings.
18.0304 Territorial boxing
commission-Powers.
18.0305 License-Required.
18.0306 License-Refusal,
revocation, suspension, modification, or limitation.
18.0307 Procedures.
18.0308 Violation-Penalty.
18.0301 Definitions.
When
used in this chapter:
(a) “Commission” means the territorial boxing
commission.
(b) “Person” includes any person, firm, copartnership,
corporation, association or other organization, or any combination thereof.
History: 1971, PL 12-13 § 2.
18.0302 Territorial boxing
commission-Membership.
(a) There is created the territorial boxing
commission of
(b) At least 5 members of the commission shall be
necessary to constitute a quorum for the transaction of business, and the
majority vote of those present shall decide and issue.
History: 1971, PL
12-13 § 3.
18.0303 Territorial boxing
commission-Meetings.
The
commission shall meet at least 4 times each calendar year for the purpose of transacting
business. Said meetings shall be held during the months of January, April,
July, and October. Special meetings of the commission may be called at other
times by the chairman at his discretion or upon written request of any 4 members
of the commission. The chairman of the commission shall give each member of the
commission 5 days’ written notice in advance of the time and place of all
meetings.
History: 1971, PL 12-13 § 4.
18.0304 Territorial boxing
commission-Powers.
The
commission shall have power, subject to the provisions of this chapter:
(1) to cooperate with organizations and individuals
engaged in the promotion and control of boxing;
(2) to supervise and regulate all boxing;
(3) to supervise and regulate boxing contests and
training exhibitions in connection therewith for prizes or purses or where an
admission is charged or received;
(4) to promulgate such rules and regulations as
may be necessary to carry out the purposes of this chapter;
(5) to issue or renew, or refuse to issue or renew,
and to limit, modify or suspend and revoke any license provided for in this
chapter;
(6) to hold hearings, compel the testimony of
witnesses, order the production of documents and other tangible evidence and
administer oaths and cite for contempt.
History: 1971, PL 12-13 § 5.
18.0305 License-Required.
No
person may promote, manage, conduct, hold, give, or participate in any boxing
exhibition, match, or contest without a license from the commission. All
licenses issued pursuant to this chapter shall bear the date of issue, shall expire
on 31 December next following the date of issue, and may be renewed annually.
History: 1971, PL 12-13 § 6.
18.0306
License-Refusal,
revocation, suspension, modification, or limitation.
A
license provided for in this chapter may be refused, revoked, suspended,
modified, or limited for any one or combination of the following grounds:
(1) the conviction of a crime in connection with
participation in, or promotion or management of, boxing exhibitions, matches
or contests; a record of conviction or certified copy thereof by the clerk of
the court or judge in which the conviction is obtained shall be conclusive
evidence of the conviction;
(2) willful and deliberate violation of applicable laws, or rules and regulations of the commission, concerning supervision and control of boxing;
(3) fraud or misrepresentation in obtaining a
license under this chapter;
(4)
aiding and abetting the participation in or the promotion of boxing exhibition
matches or contests by any person not authorized to conduct said exhibition
match or contest under the provisions of this chapter.
History: 1971, PL 12-13 § 7.
18.0307 Procedures.
All
procedures of the commission, and judicial review of said procedure, shall be
conducted pursuant to the Administrative Procedure Act, 4.1001 et seq.
History: 1971, PL 12-13 § 8.
18.0308 Violation-Penalty.
Any
person convicted of any violation of this chapter or any rule promulgated under
this chapter is guilty of a class B misdemeanor.
History: 1971,
PL 12-13 § 9; amd 1980, PL 16-90 § 93.
Amendments: 1980 Amended to conform with penalties provided
for in Title 46, Criminal Justice.