HomeMy WebLinkAboutCOM 0117.000 1996-1998 3 11_19.1 HAWAII CDt.;vT`r CODE
(d) The applicant shall submit the completed form to the chief no[ later than true days prior co the proposed
activity; thereafter, [he chief shall nodiy the anplican[ of the decision to grant or deny the perrmt wtthtn
three days of the submission of the completed application and any required supplemental anplicauon.
ie) Tne permit shall state the dale, place, dine, duration. and nature of the proposed activity, shall be in ~;z
possession of the person in charge of the activity, and shall be produced for inspection upon the recuest
of anv law enforcement officer.
jf) The chief may issue a permit subject to conditions which shall be staled upon the permtt-, inciudt,:g
limitations upon the sound level, duration, or time of day oI the activity, or the requirement that breaks
be taken in the activity.
(g) The chief tray adopt rules not inconsistent herewith for the implementation of the permit system
established in this section. Such pules may include provisions [or the granting of a permit when an
appGcadon is received less than five days prior to the proposed activity.
(1990, Ord. No. 90-6, sec. Z.)
Section 1419?. Exemptions.
The following shall be exempt from the prohibitions set forth in section 1418:
(1) Activities of the County of Hawau. State of Hawaii, or the United States; and
(3) Activities of private persons or entities acting within the permitted uses of a permit issued by the
County of Hawaii, State of Hawaii, or the United Slates.
(3) Amplifying devices within sight-seeing cars, buses, motor coaches, or other similar vehicles.
designed primarily to address passengers within the vehicles.
(1) Amplifying devices on or within ambulances or authorized emergency vehicles.
(1990, Ord. No. 90-6, sec. 2.)
Section 14193. Penalty.
(a) Any person convicted of a violation of the provisions of this amcle shall be punished by a fine of:
(1) Up to $100 far the first offense; or
(3) Up to 5500 for the second offense, if such offense is cornmitted within six months of the lust
offense; or
(3) Up to $1,000, or forfeintre of the sound system or components of the sound system up to 51,000
in value, or a combination of a fine and forfeiture, up to a total of 51,000, for conviction of the
third or more offense, if such offense is committed within one year of the fast offense;
(b) Any offense occurntrg afrer the first year of the first offense, and each successive year thereafter, shall
be subject to the provisions of subsection (a) as though it were the fast instance of the offense.
(1990, Ord. No. 90-65, sec. 2.)
Article 4. Smoiong in Public Place.
Section 1420. Definitions.
(a) As used in this article, unless the content requires otherwise:
(1) "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or carrying any
Lighted smoking equipment for tobazco; the pezsonal habit corrunonly known as smoking.
(2) "Open to the public" means areas within any building available for use by or accessible to the
general public during the normal course of business conducted therein by either private or public
entities.
(3) "Building" means any area enclosed by a roof and at least three walls.
(4) "Small businesses" means those business establishments having no more than five employees
working on the business premises per established work shift.
S~uao~, Yq
l4 I a ;~sl® rra. G E N
N.ef. 71st Presented Gp~/rl/tll
~,xr. r~at~_ JAN 2 2 1997
G~~~L WELFARE - 3 t»-'0
"Saz" means an establishment in which the sale and consumpnon of intoxicating liquor on the
orerruses is authorized under a license issued by the department of liquor control.
i61 "Restauran~' means a retail eating establishment authorized by the State department of health :o
operate as a restaurant.
1197-. Ord. No. 279, sec. Am. 1987. Ord. No. 37-I, sec. Z.)
Section 13-21. Prohibition in certain places open to the public
(a) Excep[ as otherwise provided herein, smoking shall be prohibited in the following places within tr.e
Councv:
(1) Elevators in buildings generally open to and used by the public, including elevators in apartment
and ocher multi-unit residential buildings.
Private and semiprivate rooms, wards, wairing rooms, lobbies, and public hallways of private health
care facilities, including, but no[ limited to, hospitals, cGrrics. and physicians' and dennsu' offices.
(A) Nothing in this section shall prevent a facility from establishing waiting azeas where smoking
is permitted where smoking areas comprise no more than fifty percen[ of the waiting aces
space in the facility if the smoking areas aze physically separated by walls so tha[ smoke does
not petrrteate into nonsmoking azeas.
(3) Any room which is primarily used for exhibiting any motion picture, stage drama, dance, musical
performance or other similar performance during the time that the room, hall, or auditorium is open
to the public for such exhibition.
(4) Museums, libraries and galleries, provided [hat smoking may be permitted in a designa[ed portion
of the reading atza in a library if the smoking area comprises no more than twenty percent of the
reading azea in the library and is physically separated by walls or partitions from the remainder of
the library so that smoke does not permeate into nonsmoking areas.
Restaurants with a seating capacity of more than forty patrons.
(A) Nothing in this section shall prevent a restaurant of more than forty patrons from providing
smoking areas which are reasonably proportionate to the preference of its users.
(B) Where an establishment is both a resratrrarrt and baz, the establishment shall be deemed as the
type of enterprise from which the major source of income is derived, provided that if [he
restaurant services are provided in one section and the baz services are provided in another
section, the restaurant section itself shall be subject to this section.
(6) The following facilities or azeas in County-owned or controlled buildings:
(A) Meeting or conference roams;
(B) Auditorium or sports areas that aze enclosed;
(C) Community centers where persons may gather for meetings, parties, or any other purpose
where the area is enclosed;
(D) All azeas open to the public, including service counters and reception or waiting areas, but
excluding hallways, corridors or other passageways and'private, enclosed offices not generally
open to the public for the transaction of business.
(7) Except as otherwise provided in this section and subject to the exceptions in section 14-22, all areas
open to the public in the following business establishments:
(A) Food and grocery stores;
(B) Drug stores;
(C) Supermarkets;
(D) Banks:
(E) Savings and loan associations and industrial loan companies;
(F) Retail department stores;
(G) Credit unions.
(8) Restrooms. Any res[room open to the public in places specified in this section.
14-15
(9) Notwithstanding [he exceptions stated in section f-3?, any area of any business, governmental, or
charitable establishment which has been designated by the owner, operator, manager. or other
persons having control of such establishment as a nonsmoking area and marked wtdl a "no
smoking" sign or signs.
i I977, Ord. Na. 279. sec =:.~rrt. 1977, Ord. No. 300. sec. l; .-\rn. I982, Ord. No. 813, sec is Am. 1987, Ord.
No. 87-I, sec. 3.)
Section 1422. Exceptions.
(a) Smoking may be allowed here.tnder in the following places subject to section 14-21.
(1) Small businesses.
(2) A restaurant with a seating capacity of forty or fewer patrons.
(3) A restaurant while it is being used solely far private parties or gatherings.
(4) An enclosed room of a restaurant, or a banquet room used solely t"or private parties or gatherings.
(5) A privaze restaurant or club to which only members or their guests are permiaed.
(6) Any seating area completely outside the building housing the restaurant.
(7) Bars.
(8) Any propem owned, controlled, or leased by State or Federal government entities.
(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. Z.)
Section 1423. Signs.
(a) Cleazly legible signs which include the words "Smoking Prohibited by Law" with leners of not less than
one inch in height shall be conspicuously pasted in all places generally open to the public where smoking
is prohibited by this article, by the owner, operator, manager, or other person having control of such
place.
(b) Alternate means of notification (individual place cards, film clips, etc.) may be employed provided the
effect thereof is equivalent to the notice given by signs detailed in this section.
(c) All signs requited by this section shall be posted by April 30, 1987.
(d) Any person violating any of the provisions of this section shall be issued a nonce of violation and shall
comply with the provisions of this section within ten days. Thereafter, the violation shall carry a fine of
not more than 525. Each violation cited shall constitute a separate offense.
(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec 2.)
Section 1424. Violations and penalties.
(a) It is unlawful for any person to smoke in a place within the County where smoking is prohibited.
(b) Except as otherwise provided, any person violating any of the provisions of this article shall be punished
by a fine of 55 for each violation.
(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2.)
Section 1424.1. Enforcement and admit>i_stration.
(a) Summons or Citation.
(1) There shall be provided for use by an officer or employee of the County duly authorized to issue
a summons or citation, or any police officer a form of summons or citation for use in citing
violators of this article which does not provide for the physical arrest of such violators. The form
and content of such summons or citation shall be as adopted or prescribed by the administrative
judge of the district court, shall be printed on a form commensurate with the form of other
summons or citations used in modem methods of arrest, and so designed to include all necessary
information to make the same valid within the laws and regulations of the Stare and the County.
14-16
I
G~FR.-~L. WELF.aRE 3 ;u__~
• (3) [n every case, when a atauon is issued. the ongmal of [he same shall be ,teen to the violator _
provided chat the administrative fudge or the dismct coup may prescribe that the violator be =h. er.
a carbon cony of the ctunon and provide for the disposition of the original and anv ocher _oe:es
3) Every citation shall be numbered. and each carbon copy shall bear the same numher as tcs onemal
(bi Enforcement and adininisaauon of the provisions of sectio? L4Z3 shall be under the lunsdunon or the
depanmen[ of public works of the County, which departirtent shall have the Dower to formufatz any
applicable rules and regulanons necessary co cam out the provisions of sexton I~-23.
(c) Excep[ as provided in section I-1-?-1.1(b), enforcement of [his ordinance shall be under the junsicuon
of the County police department.
(d) In addition to [he foregoing, any police officer or other officer or employee of the Counrv duly
authorized to issue a summons or citation may ejec[ from the premises any person to whom a atanon
has been issued and who continues to smoke afrer the person has bin requested by the police pricer
or other duly authorized officer or employee to Trop smoking.
(1987, Ord. No. 87-1. sec. 2.)
Section 14?4?. Fire Code.
Nothing in this article shall be construed as superseding applicable fire code provisions. Where a cor,t'tic;
between the provisions of [his article and the fire code arises, the fire code provision will prevail.
(1987, Ord. No. 87-I, sec. 2.)
Article Firework.
Section 1425. Title.
"This article shall be known as the Fireworks Control Code.
(1980, Ord. No. 584, sec. 2.)
Section 1426. DeFinitions.
(a) As used in this article, unless the context otherwise requires:
(1) "Fireworks" means any manufactured article designed primarily for the purpose of producing vwble
or audible effects by combustion or explosion.
(2) "Pyrotechnic composition" or "pyrotechnic contents" means [he combustible or explosive
component of fireworks.
(3) "Common fireworks" means fireworks [hat are suitable for use by the public and that are mcluded
in and limited ro the following:
(A) Novelties consisting of two or more devices when approved by the Bureau of Explosives of
the Association of,American Railroads when consistent with provisions of this anicle.
Novelties shall also include items containing .25 of a Tarn or less of explosive substance, said
novelties shall include and not be limited to such items as pop pop snappers and champagne
PoPPen
(B) Cylindrical fountains, total pyrotechnic composidon not to exceed seventy-five grams each in
weight. The inside [ube diameter shall not exceed three-fourths inch.
(C) Cone fountains, total pyrotechnic composition not to exceed fifty grams each in weight.
(D) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or rwo
hundred forty grams for each complete wheel. The inside tube diameter of driver units shall
not exceed one-half inch.
(E) Illuminating torches and colored fire in any form, total pyrotechnic composition not co exceed
one hundred gams each in weight.
(F) Dipped sticks, the pyrotechnic composition of which contains any chloraze or perchlora[e, shall
not exceed five grams.
1417
~
~V
H A W A I I D E P A H T M E N T O F H E A L T H
/ ~ `n. ;
~
i ~
Fact Sheet ~ . _ _ ~ ~
Environmental ~ ,
Tobacco Smoke (ETS)
and Heart Disease
Heart Disease s
40.8 % o
- (4ffi Ooaths)-' ~ '
Health Risks from
,
> ~ -
TObaCCO' Smoke Lung Cancer s ~ ,I "
31.4 % _
' 1 ^ (371 Deaths) ~ ~ .,i
¦ The Surgeon General has concluded /O
that nonsmokers who inhale tobacco Hesplraiory a ~
.smoke greatly increase their risk of omer Diseases ~ '
n.~%
heart disease, lung and other Izos Deama) N ,
cancers, and respiratory disease.
~ ~ ~ Other Cancer
' 10.2 % ' °
, ~ ^ ¦ Heart dlSeaSe IS the mOSt ~ (120 Doalhs) ~ , ~ " -
common cause of^death in ~ ~ 1 `
' ~ Hawai'i as well as in the nation. 3~-~/~ ' ~
.Experts estimate that ETS causes ten ~ ° "
e ~,1"°
~,1-,.
` ~ ~ ~ times more deaths from heart disease ~,-s
~ / i ithan from lung cancer. ¦ All compounds found 4o damage the ~ ~ ~ j
~ ~ ~ ~ ~ blood vessels of active smokers have , ,
¦ Inhaling tobacco smoke, whether
been ide'ntitied in ETS. , , ~ ^
'through smoking or indirectly, may be ~
the most important risk factor in heart '
/ . ¦ Living with a smoker increases one's ~ '
1 disease since its' impact on survival is risk of dying from. heart disease by' ~ ; _ 7
so severe.
about 2O'percent. Heart disease: ~
i,
' ~ ~ related deaths among nonsmokers;.- '
¦ • Tobacco smoke damages the walls of F ' ` '
, whose spouses smoked is higher than'
.r " cororary arteries and causes, ' / ~ -
~ - ~ ,among those whose mates did hot., 4i f 'ri
;atherosclerosis,-making ETSone of ~ ~ ~ ~ ~
~ , ~ (rthe most important risk factors in ~ ~ ~
• ~ coronary artery disease. ' ¦ Short term exposure to ETS such as
'";1' sitting in a smoky room, can cause.. r
increases in both heart rate and blood
\ ¦ Breathing tobacco smoke leads to the pressure..In persons with angina due -
S formation of fatty deposits called rto coronary artery disease, chest pain
~ ~ plaque that restriot or block the flow of ~ ~ ;I
develops more quickly, in response to Y ;
blood and ca,n activate the blood-
ETS exposure. ~ / ,
. / clotting system which can lead to ~ ~
. ~ 1 ~ References: - ~ .
- r ~ heart attaClCS. Hawaii Vital Records, 1995 I ~
' ~ Surgeon Generals Report, 1989. ' / . ;
~ ~ Olfice of Smoking and Health, Centers br D,sease Controb
~ ~ ~ and Prevenllon. ~ i ' q"a~
C ,
- - / ~ ~ ' - Harvard Head Letter, Harvard Medical School, August 1991
` 1 _ f ~ 1
/
10/86 HPEB - ~~1., 1 'ii
Fact Sheet 2 ~ ~ ~ ~ r
1i i.
i
I 1 ~ w~w-
I
' ~ I 1 1 , '
' I I I 1
' I
~ I1
How Secondhand Smoke Kills
,
hen secondhand smoke enters the ~ ~
' air and you inhale its dirty cloud, ~ ~ _•ti_, _ ~I
[he same thing happens in your ' - r~; ^t ^~t; -
body that happens m the body of a ~ I I '
' smoker: Nicotine and cancer- - "1 ' _ 1 _
causing tars are deposited in your mouth, t" ' - '
' throat, and lungs. Your blood picks up the poi- \ ~ ~ - ~ ` ~
sons from your lungs and transports them , ~ (:e-. ~ ' -
' ~ throughout your body. ~ / ,t t„
The Environmental Protection Agency esti- ~ ~ ~ ~`l
/ ~ ~ \II
mates [ha[ secondhand smoke causes about ~ ` _
3,000 deaths per year from lung cancer alone. I I_ I I ~ ~
That's far higher than the number of deaths ~ ~ J~Uk t ~ ~ _ ~ i
caused by almost any other kind of exposure \ '
1 1 _ ~
to toxic substances-more, for example, than - ~
the number of cancers caused by intense I I \ ~1. / - - ~ /I
chemical exposure found among workers in ' ~ 1 a ~
chemical plants who are exposed to those tox- ~1 0) ~ ; - 30~, ?41. U0~
I ins every day. V i ~ -Y`! ~0 Y O
The more smoke you aze regularly exposed
[o over the years, [he greater your risk. For example, being most hazazdous substances settle. In addition, smokers suf- .
married to atwo-pack-a-day smoker for 20 years increases fer from [he effects of both the filtered smoke [hey breathe
your risk of getting lung cancer by about 35 percent. Expo- in, and the secondhand smoke that surrounds them. ~ e
sure for 40 years makes the risk 80 percent higher than for But nonsmokers are still clearly a[ risk. "You needn't 4
those who live with nonsmokers. For those exposed as chil- even be in the same room with a smoker to inhale substan-
dren, then later as adults, the risk doubles-to 160 percent. tial amounts of tobacco smoke;' says Michael Siegel, M.D.,
So why don'[ nonsmokers get sick as often as smokers? an expert on secondhand smoke a[ [he Boston University
To some degree, nonsmokers aze protected by the air, School of Public Health. It takes from several hours to a
which dilutes the smoke, and by the surfaces around them- full day to clear the air of chemicals in a room in which
furniture, clothing, drapes, and windows-on which the someone has smoked. And rooms that have been repeatedly ~
1 exposed to smoke can have deposits of the tarry substances
~I YYlla+~s ~ the from cigarettes on the furniture, drapes, and walls, which
' L can continue to give off small amounts of toxic substances
I ~ Ik:re, llte BmDlm[ 01 mslns h`etll n[te e~arette that a milker for days or weeks. Researchers generally consider these i
~ hreatttes h through a fl1let'sd tlp tteraus the atltetaft Dt tnsk[s odors [o be unpleasant rather than dangerous; however, [hey
rebased (rth the alr otI llta end M the lama GQaretta. are strong enough for those with sensitive noses to instantly
tell a "smoking" from a "nonsmoking" hotel room.
' To date, [here are several hundred studies of the effects
m ~ ~ of secondhand smoke, and they demoris[ra[e a vaziety of .
' health risks-not only for lung cancer, but also for cancers
' Ni~o88mines ~ ~of the urinary system, colon, kid-
1
' " ' neys, pancreas, and ovaries.
BelQelle Among [he other risks [o nonsmokers .
. - who inhale substantial amounts of smoke a[ home, work, or
' ~8IkI1~1lm ~ regular social situations:
_ •More than 50,000 deaths per year from hear and artery
disease aze brought on by exposure to secondhand smoke. I[
Be1QDpyt'elle also causes other heart and blood-system problems in other
ways, since blood cells will carry [he carbon monoxide
from the smoke to all the cells in the body, sig-
„ .I ~ ~ nificantly reducing amounts of oxygen flow to
. FO~OtdUlll ~ the brain and other organs.
•Scientists believe that many of [he other illnesses that
smokers get from cigarette smoke will probably also show
up in nonsmokers exposed to substantial amounts of
Nhrosamhres: fhlrxp9e[[k CeugolaWs secondhand smoke. Reseazchers have already demonstrated
' gam; Pe~ah aapQ p ~ setyatt( that the risk of developing respiratory ailments such as
Cadltdtn[L' Trade metal bronchitis and pneumonia is particularly high. "We're not
Bet¢apyret[e: Catrbageu hand b pasorte a[rl road tar near a full list of what the problems aze; 'says Jonathan
AnlWte: Polsonot[s sutata[tce used to dys Samet, M.D., professor and chairman of the department of
Peb[dum: eadku[eWe metal epidemiology at the Johns Hopkins University School of i
1 Public Health. "The science continues [o evolve." -P.J.H.
' _ - gooJhautekeeprn;{llwember 1996 171
i
~_-y~~~ Tobacco Kills 420,000 people each year,
as many as 53,000 die from second hand smoke.
Smoking Kitls More Americans Each Year Than Alcohol, Cocaine,
Crack, Heroin, Homicide, Suicide, Car Accidents, Fires and AIDS
Comhined ( ~ - -
_ ~ Approximate Number
of Deaths
_ Smoking , ` 434,000 -
' Akohcl' ` ' ' 105,000 ' .i .
. .
ETS ` SO,000°
_ ~ - - CarAcadents 48,000
~ i ` AIDS - 31,OOQ .
ss~'i ~a ~ Sulade 31,000
xo~ukii' f~lbt n..~ . ~ Homicide - ~ _ . 22,000
~ xomwe.. .Fires 4,000'
_ ~ ~ ~ Cocaine ~ Crack ~ 3,300
~~;T' kieFoin 8 Morphine2;400
W. ~ A10.7
- Alcohol ~ 'CarAddan4
But it may be good for Hawaii!!??!!!
Lets turn out for this.. Democracy is not a
spectator Sport.
A few facts you need to know about Secondhand Smoke
What passing this bill will do:
•Deerease health risks of workers to secondhand smoke
•Reduce exposure of non-smokers to secondhand smoke
•Reduce exposure of adolescents and children to secondhand smoke.
•Reduce exposure of adolescents and children to smokers.
NON SEQUITUR E3yWiley
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K~ir>6 P~CfS.IGS PS
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DEY ~ . Ur t'HKriJ zs. ttt~.ttcta i lulu
COUNTY OF HAWAII
MFM04ANDUM
December 31, 1996
T0: All Division/Section Heads
FROM: George Yoshida,_Director n"
SUBJECT: No Smoking Signs UUU
Please double-check your Facilities to see iP you have correct
signs on smoking.
IP your signs are worn, Faded; or damaged, we suggest you
replace them with signs like the sample attached.
Our in-house graphic experts: Ben Akiyama (Parks),
Arlene Miyake (Recreation), and Lynne Kunitake (Elderly) have
been asked to help in saving us printing costs.
Again, as a housekeeping measure, please make sure these signs
are posted to remind the public oP the No Smoking Ordinance.
6
X10. SMOi~[~C~
~n-w,;s a?-~a
s~o~,~ ~u~ty -f~, ~ s
Proh;b~1-ed b.~ La.w Cs~Ctio,-, ~4-~c
!~'awd?i Ceu~ch~ Code
PdvkS -b'Ic~crre-hor+ 961-83t1~
PASSIVE Siv10K1i~IG
Passive smoking is a cause of additional episodes and increased severity of symptoms
in asthmatic children. Asthmatic children are up to 2.5 times more likely to Gave their condition
worsened by passive smoking. In the United States alone it is estimated that
200 000 to one million asthmatic children have their condition worsened by passive smoking.
Exposure to environmental tobacco smoke (ETS or "passive smoking") is a risk factor
for new cases of asthma in children who have not previously displayed symptoms.
The risk of lower respiratory tract diseases (such as croup, bronchitis and pneumonia)
is estimated to be about 50-60% higher in children exposed to ETS during the first i-2
years of life, compared with unexposed children. About 10-15% of lower respiratory
tract disease in young children under 18 months of age is attributable to passive
smoking.
1n children, exposure to environmental tobacco smoke is causally associated with
increased prevalence of fluid in the middle eaz, symptoms of upper respiratory tract
irritation, and a small but significant reduction in lung function.
Environmental tobacco smoke is a cause of lung cancer in lifelong non-smokers
exposed to ETS. Epidemiological studies carried out in several countries suggest that
the lung cancer risk is about 20-30% higher than for never smokers not exposed to
ETS.
30 l~
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S'1~~~hzh 21A~b~ S~Oor~ CICC~~' ~QS
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M'h ~G `
~ntmi.ryt Lung Associuion
,~,,o AMERICAN
of Hawaii. LUNG
3B U:ulvti Str«t
Hilo, HI 96720 ASSOCIATION®
Fax: (808)935-7474 January 17, 1997
Phone: (808) 935-1206 - Of F"ifOYVCJII
American Lung Association
of Hawaii Mayor Stephen Yamashiro
734430 Punawele Str«t Count of Hawaii
Kailtu•Kona, Hawaii 96740 y
Fax: (808) 325.0068 25 Aupuni Street
Phone: (808) 325-5339 Hilo, Hawaii 96720
Dear Mayor Yamashiro; ,
It has been brought to our attention by Ms. Laura Higa that there
appears to be a problem with enforcing the Hawaii County Code,
Article 4; Smoking in Public Places; Section14-20. As noted in the
ordinance, Section 14-21, "Prohibition in certain places open to the
public; subsection (6) The following facilities or areas in County-
owned or controlled buildings: (B) Auditorium or sports areas that
are enclosed; (D) All areas open to the public, including service
counters and reception waiting areas..."
According to Ms. Higa, during the course of a basketball
tournament held on December 26-28, 1996 at the Department of
Parks and Recreation Wainaku Gym, a spectator was smoking a
cigarette at the doorway of the gym. Ms. Higa indicated that she .
made several attempts to politely ask this person to "please not
smoke in the doorway as the smoke is affecting the children." The
individual who was smoking was not cooperative and remained
there and continued to smoke. The smoke from the cigarette
entered the gym and ultimately caused one of these youngsters to
have an asthma episode as a result of inhaling the cigarette
smoke. Cigarette smoke, in this child's instance, was the trigger for
an asthma attack.
It appears as though Ms. Higa encountered the same individual the
next day at the Hilo Armory. Again, the same incident occurred
whereas this individual was smoking in the doorway of the gym.
Ms. Higa tried to remedy the problem to no avail and thus a
physical confrontation occurred.
When You Can't Ms. Higa contacted this office and asked for our assistance. I
Breathe, provided Ms. Higa with several brochures, some of which she
Nothing Else already had and also some "No Smoking" signs as she had
Matters® planned to discuss this incident with Mr. George Yoshida, of the
Founded in 1904, the Department of Parks and Recreation.
American Lung Association
vtcludcs effilia[ed
sssociuions throughout
the U.S., and a medical
s«tion, the American
Thoracic Socicty.
The American Lung Assocation of Hawaii's mission is to prevent
lung disease and promote lung health. Lung disease is the third-
ranking cause of death in the nation, preceded by heart disease
and cancer. Hawaii has one to the highest number of asthmatics in
the country. It is our belief that through education and programs,
we can educate our community on the dangers of secondhand
smoke and its effects on our children, especially those who suffer
from asthma.
At a function such as a basketball tournament or any other event
that involves healthy youngsters participating in sporting events, it
is imperative that we all take the necessary measures to promote a
healthy environment for all those who are involved.
I have enclosed two brochures for you "Facts About Asthma" and
"Facts About Secondhand Smoke". It is our belief that, "when you
can't breathe, nothing else matters."
Thank you for your time and consideration on this matter.
'ncerely, _
Marcie Saquin
Hawaii Island ' ecto
/aMERICIaN
~~~E~R HAWAII PACIFIC DIVISION, INC_ EAST HAWAII UNIT
January 21, 1997
Mayor Stephen Yamashiro
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mayor Yamashiro,
We were notified by a parent, Laura Higa, that there have been occasions when
smokers stand outside the Wainaku Gym and Hilo Armory to watch the activities that
are going on inside. Cigarette smoke from these spectators travels inside the sports
facilities. In one incident, the second hand smoke triggered an asthma attack in a
young child at the Wainaku Gym.
Second hand smoke presents immediate health hazards like triggering asthma attacks
in children and adults. It also presents long term health risks such as, cancer and
heart disease. The attached information will provide additional information on the
health risks of Second Hand Smoke.
We would like to recommend that the County Council take action to protect the
citizens of Hawaii County from the hazards of second hand smoke at the County's
sports facilities. We understand that Hawaii County Code, Artic% 4, Smoking in
Public Places, prohibits smoking within the gym. We further understand, that this
county code may not cover the entrances, windows, and lanais of these facilities.
This could be remedied by including in this code that smoking is prohibited within a
designated perimeter around these sports facilities. This perimeter would keep
cigarette smoke from flowing into the Gymnasium, thus eliminating a health hazard
to the people inside. The American Cancer Society would be willing to work with the
County Department of Parks & Recreation and other pertinent agencies to establish
a reasonable distance for this perimeter.
Thank you for considering our request.
Sincerely,
Donna Chalmers
Executive Director
cc: Hawaii County Council
George Yoshida, Parks & Recreation
614 KILAUEA AVENUE, STE. 2, HILO, HAWAII 96720 (808) 935-9763
. '
Dangers.of second hand smoke
Smoking is the greatest preventable cause of morbidity and mortality in Hawaii '
(t7awaii Dept. of $eaUh (Tobacco Prevention and control project).
Environmental Protection Agency-declazes second hand smoke a "known", carcinogen-
responsible for several thousand cases of lung cancer every yeaz--1993 EPA study, Consumer
reports, Second hand Smoke, is it a Hazard?, January 1995
...ETS was declazed a class A cazcinogen (a substance known to cause cancer in humans for which
[here is no safe level of exposure -Smoking and Restaurants; A Guide for Policy Makers, August,
'92.
Deaths related [o Environmental Tobacco Smoke Hawaii 1989 - '
Heart Disease 43%, 440 deaths
• Lustyq:,Cancer 29%, 229 deaths
Respiratory and other 19%, 198 deaths
Other Cancer, 9% (91 deaths) .
--Hawaii Dept. of Health, Tab. Prev. and Control Proj.
Chemicals in Smoke
More than 4,000 chemical compounds have been identified in tobacco smoke. Of these, at
least,43 aze known to cause cancer in humans or animals --Facts about secondhand smoke
Passive smoke kills as many as 53,000 Americans yeazly: 37,000 from heart disease, 3,000 from lung '
Cancer , 12,000 from other cancers -Respiratory Health Effects of Passive Smoking; Lung Cancer
and other Disorders, U.S. EPA Report December 1992; and ,Smoking and Restaurants, a Guide for
Policy Makers, August 1992)
OSHA calculates that over the next 45 years a workplace smoking ban would eliminate between 5500
and 32,500 lung-cancer deaths and 98,000 to 578,000 deaths from heart disease. (variafion comes
from uncertainty about levels of exposure to second hand smoke). --CR Jan. '95
Lung Cancer
Each yeaz secondhand smoke causes 30 times as many lung cancer,deaths as all regulated air
pollutants combined.--Facts about second hand smoke.
"The lifefime added risk of developing lung cancer from Prolonged exposure to secondhand smoke .
• is 1 in 1000 - 1000 times greater than the one in a million lifetime cancer risk considered
unacceptable for many other environmental contaminants. CR, Jan. '95
3000- 4000 Lung cancer deaths annually (3% of lung cancer.rate) caused by "involuntary
smoking.-EPA
' Heart Disease
One analysis estimates 35,000 of these deaths aze from Heart disease- facts about second hand smoke
Nonsmokers exposed to spouses smoke increase chance of death from heart disease by about 30%
CR
' {Smoking doubles a persons chance of dying from heart disease.-cr)
\ ',i
Aggravates asthmafic conditions ~ ~
Asthma 2-5 million children under 18 are afflicted with asthma..~ETS affects 20% of them to some
degree; significantly aggravates symptoms of 10%a -EPA i
Impairs blood circulation
Environmental Tobacco Smoke and Children: '
Environmental Tobacco Smoke (ETS) is responsible for between 150,000 and 300,000 serious
' respiratory ailments each yeaz in young children, especially •
"'`infants;'-=(Respiratory Health Effects of Passive Smoking: Lung Cancer and other Disorders; US
`EPA Report,' Dec. 92) (RHEPS, EPA) • '
Between 7,500 and 15,000 cases of respiratory ailments caused by ETS are serious enough for the
child to be hospitalized. RHEPS,EPA)
Exposure to E~ Exacerbates asthmatic symptoms in approximately 20% of the country's 2-5
million asthmatic children. Children in households where there are smokers aze more likely to
become asthmatic. (RHEPS,EPA)
There, is a possible link between ETS and sudden infant death syndrome (*SIDS) A number of studies
show "strong evidence" that infants whose mothers smoke have an increased risk of dying and that
exposure to ETS might be a contributing factor.
Children of smokers have a greater change of developing
colds
bronchitis and pneumonia, especially during the first two yeazs of life
chronic coughs; especially as children get older
Eaz infections
reduced lung function
Asthma 2-5 million children under 18 are afflicted with asthma.. ETS affects 20%a of them
to some degree, significantly aggravates symptoms of 10% EPA
" As with adults, the more smoke a child is exposed to, the more that child's risk is increased." -
Surg Gen-The smoke around you
60% of adolescents who smoke less than six cigazettes a day feel they can't cut down--Hon Staz
. Bulletin,
~ January 21, 1997
Mayor Stephen Yamashiro
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mayor Yamashiro,
I am writing this to bring to your attention concerns many of us have
for the health hazards that are being imposed. upon our children. i?any
times during their participation in athletic activities they are being
subjected to tobacco smoke. This is happening at the County gyms during
basketball practice and games as well as other sports. For over a year
now I have been asking smoking spectators to please not stand in the
doorway due to the effects it has on the children, especially the ones
with asthma. 99/ of the people politely comply however, there are those
who insist it is their right. The smoker feels if their cigarette is
out of the building it should be not be a problem. As I'm sure you are
aware, that smoke ends up in the building. The children constantly
complain, as for the m, to be in a building for 1 1/2 hours running up and
down the gym court trying their best, it is very difficult when the
quality of the air they breathe is so poor.
It has been well documented that secondhand smoke/sidestream smoke is
a Class A carcinogen. The real threat that tobacco smoke presents is
much more than cancer as the attached literature shows. For a child
who has asthma the danger is more immediate and severe. During a recent
basketball tournament one of our team members had one such severe attack
due to the high concentration of tobacco smoke in the enclosed area, Why
are we allowing this to happen to our children? When the function is
an activity involving our youth shouldn't their right to participate
in a safe and healthy environment overrule a smokers' right to smoke
near the doorway?
I have discussed this with George Xoshida 12/30/96. At that time I
volunteered to supply paint, stencils and time to help get signs up
so that this problem does not continue. He said that was not necessary
and that he would circulate a memo regarding the posting of signs.
Unfortunately the memo that Boas circulated made no mention of where to
put the signs so, the signs were put inside of the gyms and the problem
with smokers at the doorways has continued at least at the last 2 out
of 3 games. For the message to get to the smokers it needs to be posted
on the doors where they choose to stand. It would be even more helpful
if the signs were on the buildings before the doorways. I am happy to
see at Andrews Gym the no smoking signs are on each entrance door.
My husband has been coaching basketball for over 7 years. The parents
of our players are always told that we discourage smoking anywhere
around the players or playing area. t^Je wish to lead by example, instill
good values, good sportsmanship, and strive to have team spirit. To
allow smoking to continue around their playing area presents a very
bad example in addition do a well known health hazard..
In reviewing the Sta_.,/County haws on Smoking in Public Places Article 4
Section 14-20 (1) is being violated as the exhaled smoke and sidestream
smoke is in the building. I'm sure it was the intent of the law to keep
smoke out of enclosed areas. (2) Open to the public - many times the
main entrances to the gym_,is crovrded with smokers, and the children
have to walk through them. (3) Building-is defined as any area enclosed
by a roof and three walls. According to. the building dept, definition,
as long as the roof is over their head. they are in the building.
Section 14-21 addresses the fact that if smoking areas are permitted
it should be separated by walls so that smoke does not permeate into
the nonsmoking areas.
Our request as parents, teachers, coaches, and. caregivers is that more
be done to protect the children from this constant health hazard at
sporting events. It would. be a great service to the children as well
as adults who are nonsmokers if smoking would be prohibited around the
perimeter of the gyms. This would of course include the steps in front
of the doors.
Please help us to provide a safe and healthy environment for our children
to play. It is their right.
Thank you for anything you can do to help the children.
Sincerely,
Laura S. Higa
Team Mom/Nurse
i ,
We, the undersigned wish to petition the County of Hawaii to ban smoking around the
perimeters of all County auditoriums, gyms and other enclosed athletic facilities to reduce
children's exposure to tobacco.
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We, the undersigned wish to petition the County of Hawaii to ban smoking around the
perimeters of all County auditoriums, gyms and other enclosed athletic facilities to reduce
children's exposure to tobacco.
PRINT NAME SIGNATURE ADDRESS
C' .Ta KLi a cam,-,,.~ X33 ~ ~ Q
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'Jill of Rights ~'~rS'ouna Atihletes
RIGHT TO participate in sports
RIGHT TO participate at a level commensurate
with each child's maturity and ability
RIGHT TO have qualified adult leadership
RIGHT TO play as a child and not as an adult
RIGHT OF children to share in the decision-
making of their sport participation
RIGHT TO participate in safe and healthy
enviroments
RIGHT TO proper preparation for participation
in sports
RIGHT TO an equal opportunity to strive for
success
RIGHT TO be treated with dignity
1~iGHT TO have fun in sports.
'Gw4iino !or CIti iG=el Sports' A. M+nass & V. SafclN (Fi..). Wu1Gng~on, D.C. Amcnun AIG.ncc for Hulih, Phpicd
n Sd~~ Edu<.u ian, Rxrca~on W Dvcc. 1979.
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