BIL 113 Draft 02 2012-2014 - Laserfiche WebLink

Home

(b) All persons engaged in non-commercial cultivation or propagation of genetically engineered papaya, in any stage or form, shall be exempt from this section. This registration exemption does not exempt persons engaged in research, development, or testing of genetically engineered papaya. Section 14- Penalties. Any person who knowingly violates this article shall be fined $1,000 per day as a separate violation for each location in violation and shall be responsible for all costs of investigation, as well as for court and legal costs, including attorneys and witness fees and expenses, and for resulting damages to other non-genetically engineered crops, plants, neighboring properties, or water sources. Section 14_ Remedy. The County or any person adversely affected by a violation of this article may enforce this article by filing a civil action in the Third Circuit Court of the County of Hawai`i. The provisions of this article are cumulative, and nothing in this article affects any other remedies, including for public nuisance or injunctive relief, any individual or government entity may have against any person resulting from a violation of this article." SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL ER, COUNTY HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 393.62 4