BIL 184 Draft 01 2022-2024 - Laserfiche WebLink

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Section 22-3.4. [Repealed:] Special activity permit; penalty and revocation. (a) Any person conducting a commercial activity within a County street without a special activity permit pursuant to this chapter, shall be fined $1,000 per incident. The payment of such fine shall not exempt any person from the requirements of this chapter or from any other penalties prescribed in this chapter. (b) A special activity permit may be revoked by the director if the permittee's operations are found to be noncompliant with any criteria or conditions set forth in the permit or this chapter." SECTION 6. Chapter 22, article 3, division 3, section 22-3.6, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection(a) to read as follows: "(a) The director may issue a publication dispenser permit pursuant to section 22-3.5(a) for a period not to exceed one year if all of the following criteria are met: (1) The publication dispenser does not exceed four feet in height. (2) The publication dispenser does not occupy more than one-fifth of the width of the sidewalk and will leave a clear width of at least [three] four feet. (3) Written statements of consent are received from every property owner and lessee directly fronting the proposed dispenser site. (4) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel. (5) The applicant has submitted a certificate of insurance and proof of a public liability insurance policy as provided above, to the satisfaction of the finance director and the corporation counsel. (6) The publication dispenser will not impede or endanger the public's use, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any intersection or driveway." SECTION 7. Chapter 22, article 3, division 4, section 22-3.8, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 22-3.8. Sidewalk use permit; criteria for granting. Unless otherwise prohibited,the director may issue a sidewalk use permit for a period not to exceed one year if all of the following criteria are met: (1) The items do not exceed four feet in height. (2) The use or item will leave a clear width of at least [three] four feet of sidewalk. (3) The applicant has submitted evidence that demonstrates that the use is for noncommercial purposes and will promote public welfare. (4) Written statements of consent from every property owner and lessee directly fronting the proposed site. (5) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel. 3