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(b) Subsection (a) shall not apply to the distribution of mail by the United States, nor of any
<br /> newspaper, except that a newspaper shall be placed on private property in a manner which
<br /> prevents the newspaper from being carried or deposited by the elements upon any street,
<br /> sidewalk, or other public place or upon private property.
<br /> Section 14-147. Summons or citation for violation.
<br /> A police officer shall use a form of summons or citation provided by the County in citing a
<br /> violator of any provision of this article.
<br /> Section 14-148. Penalty.
<br /> (a) Any person who violates any provision of this article shall, upon conviction, be sentenced
<br /> to pay of fine of not more than $1,000 and/or not more than 200 hours of community
<br /> service or both for each offense and shall be required to remove their litter or shall be liable
<br /> for the costs of removing that litter.
<br /> (b) Each day of violation shall constitute a separate offense."
<br /> SECTION 2. Chapter 14 of the Hawai`i County Code 1983 (2016 Edition, as amended) is
<br /> amended by adding a new article 25 to read as follows:
<br /> "Article 25. Clearing Occupied and Unoccupied Lots.
<br /> Section 14-149. Definitions.
<br /> As used in this article:
<br /> "Refuse"means any discarded or disposable matter, including garbage, rubbish, and swill.
<br /> "Swill"means any food waste which is fit for animal consumption.
<br /> "Undergrowth"means any bush, small tree, or other vegetation.
<br /> "Unsafe flora"means any or any part of a tree,bush, vine, or grass that poses an imminent
<br /> danger for fire, health, safety, property damage, or criminal threat to persons or adjacent property
<br /> and structures including buildings, roofs, rain gutters, antennae, driveways, landscaping, privacy
<br /> structures (including gates, fencing, and stone walls), tents, garages, automobiles, power lines,
<br /> phone lines, playground equipment, water catchment tanks, swimming pools, or any other
<br /> structures and property not identified here.
<br /> Section 14-150. Removal of refuse, undergrowth, and unsafe flora required.
<br /> Every owner of any occupied or unoccupied lot the frontage of which abuts or adjoins any
<br /> public street or highway within the County, shall clear the lot of all refuse, uncultivated
<br /> undergrowth, and unsafe flora thereon to a depth of not exceeding one hundred feet from any
<br /> street or highway adjoining, whenever on the lot there is refuse, uncultivated undergrowth, or
<br /> unsafe flora to an extent that the lot poses or is likely to pose an imminent danger for fire, health,
<br /> safety, property damage, or crime hazard.
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