COM 0124.039 2004-2006 - Laserfiche WebLink

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.v w,~ Lincoln S.T. Ashida ~'•y Corporation Counsel Harry Kim Mayor Gerald Takase Assistant Corporation •"o:'A~'~ Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 Fax (808) 961-8622 April 5, 2005 Honorable Jay T. Kimura Prosecuting Attorney 34 Rainbow Dr. , Hilo, HI 96720 , - Honorable Lawrence K. Mahuna = Police Chief 349 Kapiolani St. - Hilo, HI 96720 Dear Messrs. Kimura and Mahuna: - RE: Hawaii County Smoking Ban At a special meeting of the Hawaii County Council Committee on Finance held on March 30, 2005, Council Member Bob Jacobson expressed frustration over the perceived "lack of enforcement" of Hawaii County's smoking ban, as codified in Article 4, Chapter 2, Hawaii County Code 1983 (1995 ed.) (hereinafter "Code"). Council Member Jacobson represented that he contacted the Police Department, and was informed they (the police) were responsible for enforcement of this ordinance. Council Member Jacobson asked whether this law was "ever going to be enforceable." I responded that in my opinion, the law is enforceable, so long as there is a clearly identified process for enforcement. Council Member Jacobson initially represented at this meeting that he believed the Corporation Counsel was somehow responsible for enforcement. I made clear to Mr. Jacobson this was not the case, as our ordinance does not confer such powers on our office. I advised Council Member Jacobson that Deputy Corporation Counsel Bobby Jean Leithead-Todd, who originally authored this bill while on the Council, remains involved and available to our County clients in order "to work the bugs Comm. No. Z~''39•39- Ref. To:~~' r~ Ref. Uate ~pR~05