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BILL NO. 195
(DRAFT 4)
ORDINANCE NO. 22 103
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AN ORDINANCE AMENDING CHAPTER 7, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), RELATING TO DISASTER AND EMERGENCY
MANAGEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to:
1. Clarify the duties and responsibilities of an emergency management agency within the
County of Hawai`i to ensure complete,efficient, and effective utilization of resources ,
to address emergencies resulting from human caused, natural, or technological hazards.
The agency shall be called the Hawai`i County Civil Defense Agency;
2. Set forth authority and responsibilities of local government in prevention of,
preparation for, response to, and recovery from natural or man-made disasters or
emergencies, and to recognize the emergency powers conferred upon the local
government by chapters 127A(Emergency Management) and 128A (Homeland
Security) of the Hawai`i Revised Statutes; and
3. Provide for the coordination of activities and aid relating to mitigation,preparedness,
response, and recovery among agencies and officials in the County of Hawai`i, with the
State and Federal governments, and with other private and quasi-official organizations
to ensure all available resources are assembled and utilized to deal with any disaster or
emergency that may occur.
SECTION 2. Chapter 7 of the Hawai`i County Code 1983 (2016 Edition, as amended) is
amended by renaming the chapter"Disaster and Emergency Management"to read as follows:
"CHAPTER 7
[CIVIL-DEFENSE] DISASTER AND EMERGENCY MANAGEMENT"
SECTION 3. Chapter 7, article 1, of the Hawai`i County Code 1983 (2016 Edition, as
amended) is repealed in its entirety and replaced with the following:
"Article 1. Disaster and Emergency Management.
Section 7-1-1. Definitions.
As used in this chapter, unless it is apparent from the context that a different meaning is
intended:
"Administrator"means the civil defense administrator with delegated authority from the
mayor who is responsible for the administrative and operational functions of the civil defense
agency during emergency management and non-emergency periods.
"Alerting organization"means an organization with the designated authority to alert and
warn the public when there is an impending natural or human-made disaster or threat.
"Authorized persons"means a person approved or assigned by the civil defense agency to
perform a specific type of duty or duties or to be at a specific location or locations.
"Civil defense agency"means the agency responsible for performing emergency
management and homeland security functions within the County and outside the County, as may
be required pursuant to chapter 127A and chapter 128A of the Hawai`i Revised Statutes.
"Comprehensive emergency management plan"means a plan for managing all types of
emergencies and disasters by coordinating the actions of numerous agencies.
"Continuity of operations plan"means a plan that addresses an organization's or agency's
capacity to carry out its essential duties while providing resources for emergency response in the
event of an emergency.
"Disaster"means any emergency, or imminent threat,that results or may likely result in loss
of life or property and that requires, or may require, assistance from other Counties or States or
from the Federal government.
"Emergency"means any occurrence, or imminent threat, which results or may likely result in
substantial injury or harm to the population or substantial damage to or loss of property.
"Emergency management" means a comprehensive integrated system at all levels of
government, and also in the private sector, which develops and maintains an effective capability
to prevent,prepare for, respond to, mitigate, and recover from emergencies or disasters.
"Integrated preparedness plan"means a comprehensive plan designed to develop and
maintain core capabilities in the County.
"Land mobile radio system"means a system that facilitates routine and emergency wireless
communication between first responders in the field, other field units, and dispatch centers.
"Loitering"means to stand or wait around idly or without apparent purpose.
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"Mitigation"means sustained actions designed to reduce or eliminate risk of hazards and
impacts of disaster events on people and property.
"Multi-hazard mitigation plan"means a County-wide plan that identifies risks,
vulnerabilities, and ways to minimize damage and losses from natural and manmade disasters.
"Prevention"means to avoid or stop an imminent,threatened, or actual natural or manmade
disaster.
"Protection"means to take necessary actions to avoid or minimize damage, injury, or
destruction to residents, visitors,property, and assets.
"Recovery"means the process of returning to a normal state of affairs including timely
restoration, strengthening and revitalization of infrastructure, housing and a sustainable
economy, as well as the health, social, cultural, historic, and environmental fabric of
communities affected by natural and manmade disasters.
"Response"means actions designed to save lives, protect property and the environment, and
meet basic human needs in the aftermath of an emergency or disaster.
"Stakeholder preparedness review"means a three-step self-assessment of a community's
capability levels based on the core capability targets established in the threat hazard
identification risk assessment. The stakeholder preparedness review identifies any change (lost,
sustained, or built) in capabilities from the previous year, any gaps between the target and
current capability, actions to take to close gaps or maintain the capability, and how funding
sources (County, State, and Federal grants)have affected the capability.
"State of disaster or emergency"means an occurrence that requires efforts by local, State, or
Federal government to protect property,public health, welfare, or safety in the event of a disaster
or emergency, or to reduce the threat of a disaster or emergency.
"Threat and hazard identification and risk assessment"means an assessment process that
helps communities understand risks and how to address those risks.
"Warning point"means a division within the civil defense agency that is charged with
receiving and disseminating emergency and non-emergency information to and from State
partners, first responders, and local governments in a timely manner.
Section 7-1-2. Agency organization; appointments.
The civil defense agency shall perform emergency management functions pursuant to chapter
127A and chapter 128A of the Hawai`i Revised Statutes and shall consist of the following:
(1) The head of the civil defense agency, who shall be the mayor of the County.
(2) A full-time civil defense administrator, who shall be responsible for administrative
functions and emergency management operations during non-emergency periods and,
within the delegated scope of authority, have all the duties and responsibilities of the
mayor during declared emergencies. The administrator shall be hired according to the
provisions of chapter 76 of the Hawai`i Revised Statutes.
(3) Sufficient.staff to ca out the duties and functions of the agency.
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(4) The employees and resources of all County departments, agencies, and offices in
emergency management activities as needed.
(5) Non-governmental organizations offering emergency management services pursuant to
an agreement with the County, or accepted by the County when no agreement exists.
Section 7-1-3. Duties; functions.
The civil defense agency shall:
(1) Organize, administer, and operationalize a comprehensive emergency management
program that includes prevention, protection, mitigation, response, and recovery
operations within the County;
(2) Facilitate development and maintenance of all plans necessary to ensure preparedness,
emergency management, hazard mitigation, and continuity of operations;
(3) Maintain liaison with all State and Federal emergency management agencies and ensure
necessary systems are established to receive State and Federal funds during times of
disaster or emergency;
(4) Manage the emergency operations center as the central coordinating entity during major
disasters or emergencies;
(5) Monitor any and all threats, emergencies, or disasters that pose a risk to the lives and
safety of residents and visitors, and advise the mayor on proposed solutions for how to
best protect people and property from danger;
(6) Coordinate with all alerting organizations on issuance of emergency public information
and warnings;
(7) Establish a warning point that will be a primary means of coordination with alerting
organizations and of issuing emergency public information and that will operate
twenty-four hour-a-day and seven days-a-week;
(8) Manage the County's land mobile radio system to ensure system capability,
responsiveness, and capacity;
(9) Enter into memorandums of agreement with other jurisdictions and non-governmental
organizations to provide aid and assistance to residents and visitors during emergency
response and short-term recovery;
(10) Educate the public through community engagement as to the actions necessary and
required to prepare and protect persons and property in the event of a natural or man-
made disaster or emergency event; and
(11) Conduct training and exercises to ensure the efficient mobilization and coordination of
emergency management forces and familiarize residents and organizations with
emergency management plans,procedures, and operations.
Section 7-1-4. Emergency management plans.
(a) The following comprehensive emergency management plans shall be developed and
maintained by the civil defense agency to ensure coordination in all phases of emergency
management and filed with the County council:
(1) The comprehensive emergency management plan shall be developed by March 1, 2023
and reviewed annually.
(2) The threat andhazard identification and risk assessment shall be completed in April
every three years, with a stakeholder preparedness review conducted annually.
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(3) The integrated preparedness plan shall be prepared in June every three years, and be
informed by the threat and hazard identification and risk assessment.
(4) The multi-hazard mitigation plan shall be developed every five years, by a mitigation
work group with representation from the civil defense agency,planning department,
and department of research and development, with additional representatives added on
a temporary basis to address specific actions or issues.
(b) The administrator shall report to the County council in August of every year, summarizing
the previous fiscal year's actions to implement and update the various comprehensive
emergency management plans. The report shall include a brief description of the agency's
collaborative work with community organizations.
Section 7-1-5. Utilization of existing government services.
(a) Each County department, agency, and office shall cooperate with and extend its services,
materials, and facilities to the civil defense agency as requested by the mayor.
(b) Each County department, agency, and office shall designate, in writing no later than
December 31 of each year, one representative and two alternates to serve as liaisons to the
civil defense agency. Liaisons shall have extensive knowledge of and delegated authority to
assign departmental capabilities and available resources during a disaster or emergency
event.
(c) To facilitate emergency preparedness planning for the County of Hawai`i, all County
departments, agencies, and offices shall prepare and periodically revise a continuity of
operations plan pursuant to directions and technical assistance provided by the civil defense
agency. The maintenance of the continuity of operations plan shall be the responsibility of
appointed liaisons.
Section 7-1-6. Emergency powers.
(a) The power to declare a state of disaster or emergency by proclamation, promulgate
emergency rules having the force and effect of law, and make allotments of funds
appropriated or available for emergency management is conferred on the mayor.
(b) All County employees are considered emergency workers during a declared emergency.
(c) All County employees, accepted volunteers, and non-governmental organization workers
providing services in coordination with the County, except in cases of willful misconduct,
gross negligence, or recklessness shall not be liable for death and injury to persons or
property damage as an act or omission in the course of employment of duties.
(d) The mayor may exercise the following additional powers in an emergency period:
(1) Suspend any County law that impedes or tends to impede or be detrimental to the
expeditious and efficient execution of, or to conflict with, emergency functions;
(2) Shut off water mains, gas mains, electrical power connections, or suspend other
services;
(3) To the extent permitted by or under Federal law, authorize any actions necessary to
ensure continuity of electronic media transmission; and
(4) Direct and control the mandatory evacuation of the civilian population."
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SECTION 4. Chapter 7, article 2, of the Hawai`i County Code 1983 (2016 Edition, as
amended) is amended by repealing sections 7-5 through 7-7:
[ •
volcanic eruptions, flood, earthquake, fire, or other natural causes, or from enemy attack,
sabotage or other hostile action, and in order to insure the orderly evacuation of persons and
As used in this article:
(1) "Authorized person"means any:
(a) Police officer or County or State employee assigned to disaster duty during an
impending disaster or disasters;
(b) National Guard members;
(c) Civil defense agency personnel, volunteers, or designees.
(2) "Disaster"means any situation, usually catastrophic in nature, where numbers of
persons are plunged into helplessness and suffering and as a result may be in need of
(3) "Impending disaster"means any situation where a catastrophe threatens an inhabited
should evacuate from the threatened area.
'. • 1 I . . . . . . . . . . .
The power to declare a state of disaster or emergency is conferred on the mayor.]"
SECTION 5. Chapter 7, article 2, of the Hawai`i County Code 1983 (2016 Edition, as
amended) is amended by renumbering sections 7-9, 7-10, 7-11, and 7-12 as follows:
1. Section 7-9 shall become section 7-2-1 (Loitering during tsunami warning);
2. Section 7-10 shall become section 7-2-2 (Loitering and refusal to evacuate during
impending disaster or disaster);
3. Section 7-11 shall become section 7-2-4 (Penalty); and
4. Section 7-12 shall become section 7-2-3 (Unauthorized parking in designated area
prohibited).
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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SECTION 7. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does 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 severable.
SECTION 8. Upon passage of this ordinance,the County Clerk may rearrange,.number
and renumber sections and parts of sections, and change reference numbers within this chapter to
agree with renumbered articles, divisions, sections, and parts of sections.
SECTION 9. This ordinance shall take effect upon approval.
INTRODUCED BY:
CO CIL EMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: September 21, 2022
Date of 1st Reading: September 21, 2022
Date of 2nd Reading: October 5, 2022
Effective Date: October 27, 2022
REFERENCE Comm. 911.18
7
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OFFICE OF THE COUNTY CLERK k�;��_T t. t ,-�
County of Hawai`i CUL), 1 '' ;.:s A, ; 1:t $V ,
Hilo, Hawai`i
2022 OCT 27 M4 10: 35
(Draft 4)
Introduced By: Ashley L. Kierkiewicz ROLL CALL VOTE
Date Introduced: September 21, 2022 AYES NOES ABS EX
First Reading: September 21, 2022 Chung X
Published: September 30, 2022
David X
Inaba X
REMARKS. Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: October 5, 2022 9 0 0 0
To Mayor: October 14, 2022
Returned: October 27, 2022 ROLL CALL VOTE
Effective: October 27, 2022
AYES NOES ABS EX
Published: November 4, 2022
Chung X
REMARKS. David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
- -
Kimball X
Lee Loy X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
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CO♦ GIL CHAIRPERSON
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f 0 6 )-qV , 20 2-L . COUNTY CLERK
`` 195 (Draft 4)
MAYOR, COUNTY OF HAWAII M
Bill No.: C-911. 18/PRPSC-36
Reference:
Ord No.: 22 103