BIL 207 Draft 01 2018-2020 - Laserfiche WebLink

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Section 20-01-02. Severability. If any portion of this chapter, or its application to any person or circumstance, shall be held unconstitutional or invalid because it violates any provision of the County Charter or for any other reason, the remainder of the chapter and the application of such portion to other persons or circumstances shall not be affected thereby. Section 20-01-03. Definitions. As used in this chapter: "Abandoned vehicle" means a vehicle that is unlawfully parked and left unattended for a continuous period of more than twenty-four hours on any public highway, public property, or private roads that are located within any ungated subdivision, where roads are open to and used by members of the public. "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures; partnerships, firms and corporations, or any other legal entity, and includes any independent contractors associated with the business. "Commission" means the environmental management commission of the County. "Compostable" means all materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil -conditioning material, mulch) in a municipal or industrial composting facility. Compostable disposable food service ware includes ASTM - standard paper/fiber and bio -plastics (plastic -like) products that are clearly labeled either on individual food service ware or packaging for food service ware so that any compost collector and processor can easily distinguish the ASTM -standard compostable material from non -ASTM standard compostable material. Required certification of compostable food service ware shall be done by independent third -party organization Biodegradable Products Institute or similar ASTM recognized certifier. "County facility" means any building, structure, or vehicle owned and operated by the County, its agents, agencies, and departments and includes County buildings, structures, parks, recreation facilities, or property. "County facility users" means all persons, societies, associations, organizations, or special event promoters who require a permit to reserve or rent a County facility or a permit or contract to use a sidewalk or roadway. County facility users also include concession contracts with the County, County managed concessions, County sponsored events and food services provided at County expense. "Customer" means a person obtaining prepared food from a food provider. "Department" means the department of environmental management. "Derelict vehicle" means the definition in chapter 290-8, Hawaii Revised Statutes. "Director" means the director of the department of environmental management, or the director's authorized representative. "Disposable food service ware" means disposable food containers that are commonly disposed of after a single use, that are used, or are intended to be used, to serve or transport prepared, ready -to -consume food or beverages. This includes, but is not limited to, cups, bowls, plates, or clamshell containers that are provided by a food vendor for takeout foods and beverages and/or leftovers from partially col isumed meals, and excludes straws, cup lids, utensils, food -related bags and wrappers, packaging for unprepared food, and pre-packaged or rel