REP FC 282 10/06/1998 1996-1998 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON FINANCE UA"l'E: October b, 1998 Re: Comm. No. 966/Bill No. 286 PLACE: Councilroom TIME: 10:30 A.M. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Finance, to which was referred Bill No. 286, reports as follows: Bill No. 286, transmitted by Council Member Bobby Jean Leithead-Todd, via Communication No. 966, dated September 2, 1998, amends Chapter 22, Hawaii County Code by adding a new article relating to the regulation of the place and manner of soliciting for money or objects of value in the Downtown Hilo Commercial Area. As the practice of panhandling has become the number one concern of merchants in Downtown Hilo, the Community Policing Program and the Hilo Main Street Program have requested the drafting of this bill which addresses the panhandling problem and returns safety and security to those citizens within the boundaries of the Downtown Hilo Commercial Area as illustrated in the Downtown Hilo Redevelopment Plan. According to the proposed bill, prohibited acts include soliciting in an aggressive manner, while under the influence of alcohol or controlled substance, under false pretense, on private or residential property without permissron, within twenty feet of public toilets, within twenty feet of any entrance or exit of any financial institution or restaurant, within ten feet of any pay telephone, or while any operator or other occupant of a motor vehicle is located on any street or public parking space. Any violation of the aforementioned prohibited acts would constitute a petty misdemeanor punishable by imprisonment for not more than thirty days or by a fine not to exceed five hundred dollars or both. Further, it shall be the duty of the Hawaii County Police Department to enforce the provisions of this bill. As to the legality of instituting such a measure, lleputy Corporation Counsel Glen Shiigi stated that from a civil standpoint this measure was legally defensible specifically with respect to a constitutional attack. Further, Deputy Prosecuting Attorney Mitch Roth stated that the language was sufficient to enable his effce to prosecute offenders. Members of Your Committee were coneeraed that perhaps too much emphasis was being focused on the panhandlers being yicrimc rather than the merchants and innocent citizens being harassed by the panhandlers. They were also concerned that not restrictinb panhandling would further impair business for many downtown Hilo merchants by discouraging visitors to the area. Conversely, members of Your Committee were also concerned that this bill may restrict legal practices of solicitation such as newspaper distribution on streets; however, this bill recognizes such concerns and therefore does not ban soliciting within the entire Downtown Hilo area. FC REPORT NO. 282