HomeMy WebLinkAboutORD 2024-082 2022-2024 COUNTY OF HAWAII '• `:' 1.SSTATE OF HAWAI`I
BILL NO. 184
(DRAFT 3)
ORDINANCE NO. 24 82
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 HAWAII:
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 purpo c o f] 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 [
] 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 peiinit. 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).
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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)=Hamakua
fb)',North Hilo ;,
(c) South Hilo
(d) Ka`n
(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.
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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.
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(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:
(1) 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) Penmittees 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 peiinittee 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.
c9) Permittee shall comply with all conditions noted on the issued permit as may be
reasonably necessary for public safety."
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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[$-2--5,] $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
Kona , Hawai`i
Date of Introduction: October 2, 2024
Date of 1st Reading: October 2, 2024
Date of 2nd Reading: October 16, 2024
Effective Date: November 13, 2024
REFERENCE Comm. 944.8
6
.r YS ,.g Aoo A,
OFFICE OF THE COUNTY CLERK `` ('' 1
County of Hawai`i
Kona, Hawaii 20711 NM t —J Pfaff 1 ' I
(Draft 3)
Introduced By: Dr. Holeka Goro Inaba and ROLL CALL VOTE
Ashley L. Kierkiewicz AYES NOES ABS EX
Date Introduced: October 2, 2024
Evans X
First Reading: October 2, 2024
Galimba X
Published: October 11, 2024
Inaba X
Kagiwada X
REMARKS' Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
6 2 1 0
Second Reading: October 16, 2024
To Mayor: October 25, 2024 ROLL CALL VOTE
Returned: November 7, 2024
Effective: November 13, 2024 AYES NOES ABS EX
Published: November 29, 2024 Evans X
Galimba X
REMARKS: Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
NCIL HAIRPE ON
Approved/Disapproved this day
of , 20 COUNTY CLERK
184 (Draft 3)
Bill No.:
MAYOR, COUNTY OF HAWAI`I C-944 . 8/PCIA-14
Reference:
Ord No.: 24 82