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Memo to Casey Jarman 01/03/07 Page 2 It is my opinion, however, that if Bi11258 Draft 6 were challenged in court as unconstitutionally vague, the County would have a very defendable position. In fact I would go so faz to say that I believe it is highly unlikely that this ordinance would be struck down as vague for several reasons. First, and most importantly, the use of the words "reasonable" and the absence of an express definition of the word "reasonable" in this particulaz ordinance is not constitutionally fatal because the term has a definite, widely-understood meaning, a settled usage and a tradition of interpretation in law. In State v. Guzman, 89 Haw. 27 (1998), the Intermediate Court of Appeals upheld ananti-picketing statute stating that the term "unreasonably interfere with" required no guessing at its meaning as these were words of common understanding. In State v. Kanela, 82 Haw. 381 (1996), the Intermediate Court of Appeals rejected a vagueness challenge to an Abuse of a Family/Household Member law that stated a police officer could take a course of action, "where the officer has reasonable grounds to believe that there was recent physical abuse." Defendant challenged the use of the term "reasonable grounds," arguing that the statute vested "virtually unbridled discretion upon responding police officers and trial court judges in enforcing the statute." The Court stated "the reasonable grounds" standazd is an objective standard requiring a trial court to independently assess the facts and circumstances presented to responding officers. The use of the term "unreasonable" is used throughout the Hawaii Revised Statutes. The following statutes provide a few examples: Section 342-F -Noise Pollution: "Excessive noise" means the presence of sound as measured by standard testing devises as established by rule...of a volume or in quantities and for durations which endangers human health, welfare or safety, animal life, or property or which unreasonably interferes with the comfortable enjoyment of life and property... Section 378 -71: "Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, etc.. Section 134: No person shall store a keep any firearm if the person knows or reasonably should know that a minor is likely to gain access to the firearm...unless the person: Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure... Serving the Interests of the People afOur Island Nawai'i County is an Equal Opportunity Provider and Employer