HomeMy WebLinkAboutBIL 260 Draft 01 2000-2002 C®Ul\T°I"Y I--IA~1~.I~I ~°I'~'T'E Off' J~iA.W~I~I
SILL NO. 260
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 (GENERAL WELFARE) OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO SMOKING IN
CERTAIN PLACES IN THE COUNTY OF HAWAII.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The County Council finds that there is compelling public health
and safety reasons to protect nonsmoking employees and the general public from the hazardous
effects of environmental tobacco smoke (ETS), more commonly known as "second-hand
smoke." ETS has been determined to cause a number of adverse health effects, including lung
cancer, childhood asthma, and lower respiratory tract infections, according to studies by the
U.S. Surgeon General, Environmental Protection Agency, and the National Research Council.
The purpose of this measure is to prohibit the smoking of tobacco or any other plant in certain
areas of the County.
Terms of this article shall be liberally construed to effectuate the purpose stated in this section,
and shall be read in conjunction with applicable state laws governing smoking in the workplace
and public places. The Council recognizes that this ordinance is more stringent than Part 1,
Chapter 328K, Hawaii Revised Statutes.
SECTION 2. Chapter 14, Article 4, of the Hawaii County Code, relating to smoking in
public places, is amended to read and be appropriately numbered as follows:
"Article 4. Prohibition of Smoking in [Public] Certain Places.
Section 14-20. Definitions.
(a) As used in this article, unless the context requires otherwise:
[5].(1,~ "Bar" means an establishment in which the sale and consumption of intoxicating
liquor on the premises is authorized under a license issued by the department of
liquor control.
(2) "Bowlin ag_lley" means a building where people go to bowl.
(3) "Building" means any area enclosed by a roof and at least three walls.
(4) ["Small businesses" means those business establishments having no more than
five employees working on the business premises per established work shift.]
"Business" means a sole proprietorship, partnership, ioint venture, corporation,
or other business entity formed for profit-making purposes, including retail
establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical dental en ineering,
architectural, or other professional services are delivered.
(5) "Commercial building means a building occ~ied by two or more commercial
tenants.
(6) "Hotel" means a transient vacation rental, other than a bed and breakfast home
containing.lodgin~; or dwelling units. T
(7) "Multifamily dwelling" means a building containing more than two dwellin units.
(8) "Nightclub" means a bar in which live entertainment or recorded music is~rovided
and in which facilities for dancin~by patrons are provided.
[(2)] ~ Open to the public" means areas within any building available for use by or
accessible to the general public during the normal course of business conducted
therein by either private or public entities.
[(6)] 10 "Restaurant" means [a] ~ retail eating establishment where food is served or
provided for on-site consumption by seated patrons that is authorized by the State
department of health to operate as a [restaurant.] food establishment, including
any private food service establishment or club in which only members or their
guests are permitted, but excludin
a~"bar." If a restaurant includes an area
devoted to the serving of alcoholic beverages, that area shall be deemed part of
the "restaurant," not a separate "bar," for this article. An establishment that is a
"restaurant" shall have that status for all hours of operation.
[(1)] 11 "Smoke" or "smoking" means [and includes] inhaling, [or] exhaling [upon],
burning, or carrying any lighted [smoking equipment for tobacco; the personal
habit commonly known as smoking.] cigar, ci arg ette, pipe, weed, plant, or other
combustible substance in anymanner or in any form.
Section 14-21. Prohibition [in certain places open to the] of smoking in [public.]
certain places.
(a) Except as otherwise provided [herein,] in this article, smoking shall be prohibited
in [the following places within the County:] all enclosed places within the Count!,
including but not limited to, the following laces:
(1) Elevators in buildings generally open to and used by the public, including
elevators in apartment and other multi-unit residential buildings.
(2) [Private and semiprivate] Patient rooms, wards, waiting rooms, lobbies,
and public hallways of public and private health care facilities, including,
but not limited to, hospitals, clinics, and physicians' and dentists' offices.
[(A) Nothing in this section shall prevent a facility from establishing
waiting areas where smoking is permitted where smoking areas comprise
no more than fifty percent of the waiting area space in the facility if the
smoking areas are physically separated by walls so that smoke does not
permeate into nonsmoking areas.]
(3) Any room which is primarily used for exhibiting any motion picture, stage
drama, dance, musical performance or other similar performance during
the time that the room, hall, or auditorium is open to the public for such
exhibition.
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(4) Museums, libraries and galleries provided that smoking may be
permitted in a designated portion of the reading area in a library if the
smoking area comprises no more than twenty percent of the reading area
in the library and is physically separated by walls or partitions from the
remainder of the library so that smoke does not permeate into nonsmoking
areas.
(5) [Restaurants with a seating capacity of more than forty patrons.
(A) Nothing in this section shall prevent a restaurant of more than forty
patrons from providing smoking areas which are reasonably
proportionate to the preference of its users.
(B) Where an establishment is both a restaurant and a bar, the
establishment shall be deemed as the type of enterprise from which
the major source of income is derived, provided that if the
restaurant services are provided in one section and the bar services
are provided in another section, the restaurant section itself shall be
subject to this section.]
Restaurants, bars, nightclubs, and bowlin, alleys.
(6) [The following facilities or areas in County-owned or controlled buildings:
(A) Meeting or conference rooms;
(B) Auditorium or sports areas that are enclosed;
(C) Community centers where persons may gather for meetings,
parties, or any other purpose where the area is enclosed;
(D) All areas open to the public, including service counters and
reception or waiting areas, but excluding hallways, corridors or
other passageways and private, enclosed offices not generally
open to the public for the transaction of business.]
Any enclosed or~artially enclosed area or building owned, leased,
operated, or maintained by the County, except for residential dwellings
units which shall be regulated herein as multi-family dwellings.
(7) [Except as otherwise provided in this section and subject to the exceptions
in section 14-22, all] All areas open to the public in the following business
establishments:
(A) Food and grocery stores[;] and supermarkets;
(B) Drug stores;
[(C) Supermarkets;]
[(D)]~ Banks[;], savings and loan associations, financial service loan
companies, and credit unions;
[(E) Savings and loan associations and industrial loan companies;]
[(F)]~Retail [department] stores[;
[(G) Credit unions.]
(8) [Restrooms.] Any restroom open to the public in places specified in this
section.
(9) [Notwithstanding the exceptions stated in section 14-22, any] Any area of
any business, governmental, or charitable establishment [which] that has
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been designated by the owner, operator, manager, or other persons having
control of such establishment as a nonsmoking area and marked with a "no
smoking" sign or signs[.] as described in Section 14-22.
(10) All enclosed or partially enclosed areas within multi-family dwelli~s that
are open to the common use of all unit owner or residents including but
not limited to lobbies, hallways corridors stairways waiting areas and
recreation areas.
(1 1) All enclosed or partially enclosed areas within commercial buildings not
sub~ct to the exclusive use and o~ssession of a tenant and open to the
common use of the tenants of the building and their employees and
customers, including_but not limited to common entrance areas lobbies
malls, hallways, corridors, escalators, stairways and waiting or rest areas
within commercial buildings.
(12) In the event abuilding isboth amulti-family dwelling_and a commercial
building, as defined in this article, all common use areas except for private
residences.
X13) All enclosed or partially enclosed areas within hotels that are open to the
common use of the public, hotel uests, or hotel employees including but
not limited to, lobbies, hallwaycorridors stairways waiting_areas
recreation areas, banquet halls, ban uet rooms, and ballrooms.
(14) In the event a building is both a commercial building and a hotel all
common use areas except for hotel rooms rented to guests and designated
as smokin_,g rooms.
(15) All vehicles owned or leased by the County.
(16) Any taxicab designated as a no-smoking taxicab by its owner or driver
provided that the no-smokin taxicab diisplaYs the international "no-
smoking'symbol in the following locations:
~A~ Inside the taxicab on the glove compartment so that it is visible to
any person seated in the front passenger seat area and on the back
of the front seat so that it is visible to anY ap ssenger seated in the
rear of the taxicab; and
(BLOutside the taxicab below each of the passe~er door handles or
affixed to the up,_per part of the windows of each passenger door.
Such exterior symbols may be decals, magnetic or painted directly
on the vehicle doors or windows.
(17) Private residences when used as a licensed child care, adult day care or
health care facility.
(Section 14-22. Exceptions.
(a) Smoking may be allowed hereunder in the following places subject to section 14-21.
(1) Small businesses.
(2) A restaurant with a seating capacity of forty or fewer patrons
(3) A restaurant while it is being used solely for private parties or gatherings.
(4) An enclosed room of a restaurant, or a banquet room used solely for private
parties or gatherings.
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(5) A private restaurant or club to which only members or their guests are permitted.
(6) Any seating area completely outside the building housing the restaurant.
(7) Bars.
(8) Any property owned, controlled, or leased by State or Federal government
entities.]
Section [14-23.] 14-22. [Signs.] Posting of signs.
(a) [Clearly legible signs which include the words "Smoking Prohibited by Law" with letters
of not less than one inch in height] "No Smoking suns or the international "No
Smoking" symbol (consistin of a pictorial representation of a burning cigarette enclosed
in a red circle with a red bar across it) shall be clearly and conspicuously posted in [all
places generally open to the] every public place and place of em~lo~mentwhere smoking
is prohibited by this article, by the owner, operator, manager, or other person having
control of such place.
(b) Alternate means of notification [(individual place cards, film clips, etc.)] maybe
employed provided the effect thereof is equivalent to the notice given by signs [detailed
in this section.] described in subsection (a).
(c) [All signs required by this section shall be posted by April 30, 1987.] Every public place
and place of employment where smoking is prohibited by this article shall have posted at
every entrance a conspicuous sign clearly stating that smoking is~rohibited.
(d) Any person violating any of the provisions of this section shall be issued a notice of
violation and shall comply with the provisions of this section within ten days. Thereafter,
the violation shall carry a fine [of not more than $25.] as provided in Section 14-23(b).
Each violation cited shall constitute a separate offense."
Section [14-24.] 14-23. Violations and penalties.
(a) It is unlawful for any person to smoke in a place within the County where smoking is
prohibited.
(b) [Except as otherwise provided, any] Any person violating any of the provisions of this
article shall be [punished by a fine of $5 for each violation.] fined not less than $10 and
not more than $25.
Section [14-24.1.] 14-23.1. Enforcement and administration.
(a) Summons or Citation.
(1) There shall be provided for use by an officer or employee of the County duly
authorized to issue a summons or citation, or any police officer a form of
summons or citation for use in citing violators of this article which does not
provide for the physical arrest of such violators. The form and content of such
summons or citation shall be as adopted or prescribed by the administrative judge
of the district court, shall be printed on a form commensurate with the form of
other summons or citations used in modern methods of arrest, and so designed to
include all necessary information to make the same valid within the laws and
regulations of the State and the County.
(2) In every case, when a citation is issued, the original of the same shall be given to
the violator[;], provided that the administrative judge of the district court may
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prescribe that the violator be given a carbon copy of the citation and provide for
the disposition of the original and any other copies.
(3) Every citation shall be numbered, and each carbon copy shall bear the same
number as its original.
(b) Enforcement and administration of the provisions of section 14-22 shall be under the
jurisdiction of the department of public works of the County, which department shall
have the power to formulate any applicable rules and regulations necessary to carry out
the provisions of section 14-22.
(c) Except as provided in section 14-23.1(b), enforcement of this ordinance shall be under
the jurisdiction of the County police department.
(d) In addition to the foregoing, any police officer or other officer or employee of the County
duly authorized to issue a summons or citation may eject from the premises any person to
whom a citation has been issued and who continues to smoke after the person has been
requested by the police officer or other duly authorized officer or employee to stop
smoking.
Section [ 14-24.2.] 14-23.2. >Fire Code.
Nothing in this article shall be construed as superseding applicable fire code provisions.
Where a conflict between the provisions of this article and the fire code arises, the fire code
provisions will prevail."
SECTION 3. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets and bracketed material need not be included.
SECTION 4. 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 5. This ordinance shall take effect six months after approval.
INTRODUCED BY:
C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 Reading:
Date 2"d Reading:
Effective Date:
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