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Home My WebLink AboutORD 2001-003 2000-2002 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 214 (Draft 6) ORDINANCE NO. O1 3 AN ORDINANCE AMENDING CHAPTER 15 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 15, Article 1, Section 15-2 of the Hawaii County Code is amended to read as follows• "Section 15-2. Applicability and scope of chapter. (a) This chapter shall apply to all County parks and recreational areas. (b) The provisions in this chapter, including provisions for the imposition upon any person of the penalties by fine or imprisonment for any violation of this chapter, are not to be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances, the stricter ordinance may apply. u The director, or the director's authorized representative, shall implement and administer the provisions of this chapter." SECTION 2. Chapter 15, Article 1, Section 15-6 of the Hawaii County Code is emended to read as follows: "Section 15-6. Removal of beach composition from certain parks; penalty. (a) [No] Except es otherwise provided by law. no unauthonzed person shall remove sand [and other matenals], coral, rocks, soil, or other beach composition from[:]any County beach uazk [(1) Punalu`u Black Sand Beach Pazk; (2) Kaimu Beach Park; (3) Kahalu`u Beach Park; (4) Samuel Spencer Beach Pazk; (5) Honlulu Landing Sand Hill; (fi) Lehia Beach Park; (7) Hilo Bayfront, (8) Hany K. Brown Beach Pazk; (9) Kolekole Beach Park, (10) Laupahcehoe Point Beach Park, (11) White Sand Beach Pazk; (12) Hookena Beach Park;] [(b) No person shall remove sand, coral, rocks, soil, or other beach composition for any purpose from within any of the public azeas designated m subsection (a) of this section.] SECTION 3. Chapter 15, Article 2, Section 15-18 of the Hawaii County Code is amended to read as follows. "Section 15-18. Abandoned property prohibited; impoundment (a) No person shall abandon any vehicle or other personal property. Any abandoned property [may be removed and impounded] shall be subject to removal and impoundment by the director or the police, to be dealt with according to law 2 (b) Leaving any vehicle or other personal property unattended [for longer than twenty-four hours] after 11:00 p.m. and before 7.00 a.m., without pnor permission of the director shall be considered abandoned and is prohibited [and any]. Anv property so left [may be impounded] shall be subiect to impoundment by the director or the police. In the event unattended abandoned property interferes with the safe [or] and orderly management of the pazk area, it [may be impounded] shall be subject to impoundment by the director at any time." SECTION 4. Chapter 15, Article 4, Section 15-39 of the Hawaii County Code is amended to read as follows• "Section 15-39. Camping and trailer areas (a) Camping and the use of trailers or other camper units are only permrtted as follows (1) At Laupahoehoe Beach Pazk, Kolekole Beach Park, [James Kealoha Beach Park,] Isaac Hale Memorial [Beach] Pazk, Punalu`u Black Sand Beach Park, Whittington Beach Park, Miloli`i Beach Park, [Napoopoo Beach Park,] Ho`okena Beach Park, [Keokea Beach Pazk,] Mahukona Park, Kapaa Park, and Samuel Spencer Beach Pazk, the use of trailers or other camper units are permitted on any suitable place other than picnic or lawn areas The camper shall give due regard to the rights and convenience of other users of the park, shall not obstruct any roadway or pathway, and shall not monopolize any facility intended for the use of all users of the pazk. (2) [At Onekahakaha Beach Park, camping and the use of trailers and other camper units aze permitted only in the area on the Hilo side of the road 3 leading into Onekahakaha Beach Pazk and mauka of Pavilions 1, 2, and 3 up to one-half of the old children's zoo parking lot. (3) At Hazry K. Brown Beach Park, camping and the use of trailers or other camper units are permitted m the area on the Ka`u side of a straight Ime extending from the makai-Ka`u corner of the pazking lot to the mazn government road and parallel with the park road. (4) ] At Samuel Spencer Beach Park, camping [and the use of trailers and other camper units aze] is permitted in [three] two camping azeas known as areas "A" and "B" [and "C"]. Area "A" is mauka of the lazge pavilion between the Hapuna boundazy of the park and the [sidewalk] outdoor courts [leading to the large pavilion. Area "B" is mauka of the pazking lot in the date-palm tree area and along the Hapuna boundary of the pazk]. Area "[C]B" is [makai of] between the [Kawaihae] north side [pavilion up to the sandy beach area on the Hapuna side] restmom and the central restroom." SECTION 5 Chapter 15, Article 4, Section 15-40 of the Hawaii County Code is amended to read as follows: "Section 15-40 Maps of camping areas. The areas described in Section 15-39 are outlined m red on the maps marked [Exhibit A for Onekahakaha Beach Pazk, Exhibit B for Harry K. Brown Beach Pazk, and] Exhibit [C] A for Samuel Spencer Beach Park, and by reference made a part of this chapter [Three copies] Conies of [these maps are] these mans aze kept on file and are available for public inspection in the office of the [clerk] Denaztment of Parks and Recreation." 4 SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 7 If any provision of this ordinance, or the application thereof to any person or circumstances, 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 8 This ordinance shall take effect 60 days after its approval, provided that public notice of the changes set forth herein are published in the two daily newspapers of general circulation within the County of Hawaii. INTRODUCED BY: COUNCIL MEM TY OF HAWAII Hilo, Hawaii Date of Introduction• Novenber 29, 2000 Date of 1~` Reading: Nwanber 29, 2000 Date of 2nd Reading: Cecenber 20 , 2000 Effective Date: January 2, 2001 REFER9iICE Comm. 680.008 5 OFFICE OF THE COUNTY CLERK County of Hawaii , Hilo ,Hawau (Draft 6) ~CAf.L VD['B AYES NOES ABS EX IntroducedB}•: Dominic Yagong (B/R) prakalu ~ 1 ";i,X Date Introduced August 23. 2000 Chung X - FirstReadtng November 29, 2000 Elanonoff X Published N/A Jacobson X Leithead-Todd X RE4L9RK.S 08/23/00 -Deferred Pisiccluo X Snuth X Tyler X Yagong X 9 0 0 0 Second Reading December 20, 2000 ROLL CALL VOTE To Mayor December 21. 2000 AYES NOES ABS EX Returned January 3. 2001 prakakt X Effective January 2, 2001 Chung X Published January 16, 2001 Elanonoff X Jacobson X R~LLAR/iS Lenhead-Todd X Puuchio ~ X ~ Smith X Tyler X Yagong X 8 0 1 0 1 DO HEREBY CER77FY that the foregoing B/LL was adopted by the County Council published as indicated above APPROVED AS TO FORM AND LEGALITY: ~~G,rtZ~ ~-~-s ~/lia O DEP CORPORATION COUNSEL COUNTY OF HAW~A r'nr'VC/! CH9/R1 f.1 Date ~oZ / L 2/~/ a~li/ ~py COC'•VTl CLERK Approved Disapproved this day of el4~ta4rq , ~o Il Bt11No 219 (Draft 6) MAYOR, COIINTYOFHAWAII Reference C-660.002/PWPC-111 Ord. No 01 3