HomeMy WebLinkAboutBIL 184 Draft 03 2022-2024
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 2 AND ARTICLE 3, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE USE OF COUNTY STREETS; AND ESTABLISHING A SPECIAL
ACTIVITY PERMIT FOR COMMERCIAL ACTIVITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose. The purpose of this ordinance is to establish a special activity permit that authorizes commercial activities within County streets to safeguard public health
and safety while promoting local entrepreneurship.
SECTION 2. Chapter 22, article 2, section 22-2.5, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 22-2.5. Commercial use of County streets.
Except as otherwise permitted by law, no person shall use any portion of a County street for [the purpose of] displaying, vending, hawking, selling, renting, or leasing any goods, wares,
food, merchandise, or other kinds of property[.] without authorization through a special activity permit pursuant to section 22-3.3. Any permitted commercial activity shall not impede
or inconvenience the public or any person in the lawful use of a County street.”
SECTION 3. Chapter 22, article 2, section 22-2.6, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 22-2.6. Signs and other advertising materials.
Except as otherwise permitted by law, no person shall construct, place, leave, deposit, erect, or install any privately owned signs, [hand bills,] handbills, posters, or other related
advertising material on or above any County street. [Private signs] Signage authorized by a special activity permit shall be displayed in accordance with conditions thereof. Signage
and other advertising materials [are prohibited and shall be subject to immediate removal by the department of public works according to the provisions of this chapter.] shall not impede
or inconvenience the public or any person in the lawful use of a County street.”
SECTION 4. Chapter 22, article 3, division 1, section 22-3.1, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 22-3.1. Types of permits.
(a) “Publication dispenser permits” include permits to place newspaper stands, news racks, or other dispensers of handbills or other printed or written materials on or over a County
sidewalk.
(b) “Sidewalk use permits” include permits to place garbage receptacles, decorative planters, public benches, required provisions for the disabled or other items which will be placed
in or on the County street for [non-commercial] noncommercial purposes that are deemed by the director to promote public welfare.
(c) “Special activity permits” include permits that authorize temporary commercial activities such as displaying, vending, hawking, selling, renting, or leasing any goods, wares, food,
merchandise, or other kinds of property within a County street for a designated period under specified conditions.”
SECTION 5. Chapter 22, article 3, division 2, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Division 2. [Repealed] Special Activity Permits.
Section 22-3.3. [Repealed.] Special activity permit; application and criteria for granting.
(a) Any person seeking to conduct commercial activities within County streets shall apply for a special activity permit. Applications shall be submitted using a form designated by the
director and shall include, at a minimum, the following information and attachments:
(1) General applicant information, including name, contact details, and representative capacity;
(2) Proof of a valid business license or permit required for conducting commercial activities in the State of Hawai‘i;
(3) Details of the proposed commercial activity, including products and services offered, intended location, signage, and operations schedule;
(4) A plan for managing waste generated by the commercial activity to maintain cleanliness of the special activity site and surrounding area;
(5) An agreement indemnifying, defending, and holding harmless the County of Hawai‘i and its officers and agents from all claims, demands, suits, or actions arising from the permitted
commercial activity; and
(6) A certificate of insurance and proof of a public liability insurance policy with a minimum coverage of $1,000,000 per occurrence, naming as an additional insured, the County of Hawai‘i,
its officers, representatives, employees, and agents. The policy and coverage shall remain in effect until the special activity permit is terminated.
(b) The director is authorized to issue a special activity permit for a duration of up to one year, provided that all application criteria are met and that the required documents are
submitted in accordance with subsection (a).
Section 22-3.3.1. Special activity permit; determination of allowable areas.
(a) The council may by ordinance determine County streets where commercial activity authorized by a special activity permit may be conducted.
(b) Prior to taking final action on any such ordinance, the council shall request the respective recommendations of the chief of police, the director of public works, and other public
officials deemed appropriate as to whether commercial activity on the affected County street, or portions thereof, should be allowed. The chief of police and director of public works
shall provide their respective recommendation within forty-five days of the request by the council.
Section 22-3.3.2. Special activity permit; allowable areas.
When a special activity permit has been granted by the director, the commercial activities authorized thereby may be conducted on the following County streets:
(a) Hāmākua
(b) North Hilo
(c) South Hilo
(d) Ka‘ū
(e) Kohala
(f) Kona
(g) Puna
Section 22-3.4. [Repealed.] Special activity permit; penalty and revocation.
(a) Any person conducting a commercial activity within a County street without a special activity permit pursuant to this chapter, shall be fined $250 per incident. The payment of such
fine shall not exempt any person from the requirements of this chapter or from any other penalties prescribed in this chapter.
(b) A special activity permit may be revoked by the director if the permittee’s operations are found to be noncompliant with any criteria or conditions set forth in the permit or this
chapter.
Section 22-3.4.1. Special activity permit; exemptions.
Notwithstanding any provision to the contrary, any display, vending, and selling of food, beverages, or merchandise by a 501(c)(3) nonprofit organization or educational institution certified
by the State may be conducted without a special activity permit where allowable under section 22-3.3.2, provided that all funds derived from such commercial activity are used to support
a specific program, project, event, or other benefit directly related to the purpose of the nonprofit organization or educational institution.
In all other respects, the exempted commercial activity shall comply with the applicable requirements of section 22-3.9 as if a special activity permit had been granted therefor.
Section 22-3.4.2. Special activity permit; posting required.
Any person conducting commercial activity permitted by a special activity permit who fails to keep the permit conspicuously posted and available for inspection by the chief of police
or the director at the location and for the duration of said activity shall be subject to a fine of $250 and to any other penalties as may be prescribed in this chapter or in the conditions
of the permit.”
SECTION 6. Chapter 22, article 3, division 3, section 22-3.6, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
“(a) The director may issue a publication dispenser permit pursuant to section 22-3.5(a) for a period not to exceed one year if all of the following criteria are met:
(1) The publication dispenser does not exceed four feet in height.
(2) The publication dispenser does not occupy more than one-fifth of the width of the sidewalk and will leave a clear width of at least [three] four feet.
(3) Written statements of consent are received from every property owner and lessee directly fronting the proposed dispenser site.
(4) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel.
(5) The applicant has submitted a certificate of insurance and proof of a public liability insurance policy as provided above, to the satisfaction of the finance director and the corporation
counsel.
(6) The publication dispenser will not impede or endanger the public’s use, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any
intersection or driveway.”
SECTION 7. Chapter 22, article 3, division 4, section 22-3.8, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 22-3.8. Sidewalk use permit; criteria for granting.
Unless otherwise prohibited, the director may issue a sidewalk use permit for a period not to exceed one year if all of the following criteria are met:
(1) The items do not exceed four feet in height.
(2) The use or item will leave a clear width of at least [three] four feet of sidewalk.
(3) The applicant has submitted evidence that demonstrates that the use is for noncommercial purposes and will promote public welfare.
(4) Written statements of consent from every property owner and lessee directly fronting the proposed site.
(5) The applicant has executed an agreement to indemnify, defend and hold harmless the County as provided above, to the satisfaction of the corporation counsel.
(6) The applicant has submitted a certificate of insurance and proof of a public liability insurance policy meeting the requirements as provided above, to the satisfaction of the finance
director and the corporation counsel.
(7) The permitted use will not impede or endanger the public’s use, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any intersections
or driveways.”
SECTION 8. Chapter 22, article 3, division 5, section 22-3.9, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 22-3.9. Permit conditions.
In addition to any other conditions imposed by this chapter, all permits issued pursuant to this article shall be subject to all of the following conditions:
All items shall be removed from the County street during all periods outside of the permitted times and days[.] as specified in the publication dispenser, sidewalk use, or special activity
permit.
(2) Permittees shall comply with all laws, ordinances and regulations of the Federal, State and County governments relating to the installation, operation and maintenance of their permitted
items or uses.
(3) Permittees shall be wholly responsible for the repair and maintenance of all permitted items, including any associated utility improvements.
(4) Only the use described on the permit shall be deemed to be authorized by the director. Any additional uses shall require additional authorization from the director.
(5) Should the permitted use, activity or improvement interfere or obstruct any County facility or other authorized improvements, the permittee shall, at their own expense either:
(A) Terminate the use and remove the activity or improvement; or
(B) Move the use to a location acceptable to the director.
(6) Should the permitted use, activity or improvement impede or obstruct any emergency repairs to a County facility or public utility, the permittee authorizes the use of all necessary
action to immediately relocate the permitted activity, use or improvement and shall make no claim for any damages that may result from the relocation action.
(7) Any construction work associated with the permits of this article shall also be subject to the construction requirements of this chapter.
(8) Upon termination of all permits, the permittee shall be responsible for the restoration of the County street used or occupied by the permittee to a condition equal to or better than
its original condition.
(9) Permittee shall comply with all conditions noted on the issued permit as may be reasonably necessary for public safety.”
SECTION 9. Chapter 22, article 3, division 6, section 22-3.10, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
“(a) Upon submission of an application for any permit provided for this article, applicants shall submit a processing fee of [$25.] $50.”
SECTION 10. 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.
SECTION 11. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 12. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: