HomeMy WebLinkAboutBIL 260 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
260
BILL NO. _
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAP'T'ER 14 (GENERAL WELFARE) OF THE HAWA[`1
COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO SMOKING IN
CERTAIN PLACES IN THE COUNTY OF HAWAII.
BE IT ORDAINED BY THE COUNC[L OF THE COUNTY OF HAWAI`L
SECTION I. 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 (EIS), 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.
fhe 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 he 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 Chapter 14, Article 4, of the Hawaii County Codc, 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]~ "Bar" means an establishment [in which the sale and conswnptio? of intoxicating
liquor on the premises is authorized under a license issued by the department of
liquor control.] that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which die serving of food is only
incidental to the consumption of those beverages, including but not limited to
taverns nightclubs cocktail lounges, and cabarets. "Incidental" means that for
the prior calendar year gross sales of food are less than one-third I l /3) of gross
sales of alcuholic beverages. A "bar" is authorized under a license issued by the
department of liuuor control.
(2) "Bowlinu alley" means a buildin¢ where people eo 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 Che business premises per established work shifC.J
"Business" means a sole proprietorship partnership joint venture corporation,
or other business entity formed for profit-making purposes includin *
r~ etail
establishments where goods or services are sold as well asprofessional
coroorations and other entities where legal medical dental engineering,
architectural, or other professional services are delivered.
f 5) "Commercial building" means a building occupied by two or more commercial
tenants.
(6) "Hotel" means a transient vacation rental, other than a bed and breakfast home
containing lod>zing or dwelling units.
(7) "Multifamily dwelling" means a building containing more than two dwelling units.
{8) "Nightclub" means a bar in which live entertainment or recorded music is provided
and in which facilities for dancing 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 umducted
therein by either private or public entities.
[(6)] ~ "Restaurant' means ~aJ ~ 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 excluding 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)]~ "Smoke" or "smoking" means [and includes] inhaling or exhaling [upon, burning]
the fumes of tobacco or any other plant material, or burningor carrying any
lighted smoking equipment for tobacco or any other plant material; the personal
habit commonly known as smoking including smoking cigarettes, cigars, or
pees.
Section 14-21. Prohibition din certain places open to they of smokin¢ in ~public.~
certain Maces.
(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 County,
including but not limited to, the following places:
[(I) Elevators in buildings generally open to and used by the public, including
elevators in apartment and other multi-unit residential buildings.]
[(2)](I~(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.
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[(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.
(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 snore 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 tbrty
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 bowling alleys. If a restaurant, bar,
nightclub or bowling alley contains an outdoor, open air, or partially
enclosed seating area where food and beverages are served, smoking is
prohibited in this area of the establishment.
[(6)]~jThe following facilities or areas in County-owned or controlled buildings:
(A) Meeting or conference rooms;
(B) Auditorium or sports areas that are enclosed:
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, corridor or
other passageways and private, enclosed offices not generally
open to the public for the transaction of business.]
Any enclosed or partially enclosed area or building owned, leased
operated or maintained by the County, except for residential dwellings
units which shall he regulated herein as multi-family dwellings.
[(7) Execpt as otherwise provided in this section and subject to the exceptions
in section 14-22, all areas open to the public in the following business
establishments:
(A) Food and grocery stores;
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(B) Drug stores;
(C) Supermarkets;
(D) Banks;
(E) Savings and loan associations and industrial loan companies;
(F) Retail 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 area o1 any
business, governmental, or charitable establishment which has 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.] Except as provided in Section 14-22, all
business and not-for-profit establishments, including but not limited to
auditoriums, theaters, halls, museums, libraries, galleries, classrooms,
private offices, conference or meeting rooms and all other enclosed
facilities. This also includes common areas, including but not limited to
work areas, restrooms, elevators, hallwaVS, cafeterias, employee lounges,
stairs, and restrooms.
(5) All enclosed or partially enclosed areas within multi-family dwcllin~s that
are open to the common use of all unit owners or residents, includin~t
not limited to lobbies, elevators, restrooms, hallways, corridors, stairways,
waiti~ areas and recreation areas.
(6) All enclosed or partially enclosed areas within commercial buildings not
subic'ct to the exchisive use and possession 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, restrooms,
lobbies, elevators, malls, hallways, corridors, escalators, stairways, and
waiting or rest areas within commercial buildings.
(71 In thu event a buildin~~ is both amulti-family dwelling and a commercial
building*, as defined in this article, all common use areas except for private
residences.
(8) All enclosed or partially enclosed areas within hotels that are oven to the
common use of the public, hotel guests, or hotel employees, including but
not limited to, restrooms, lobbies, elevators, hallways, corrid
stainv~s, waiting areas, recreation areas, banquet halls, banquet rooms,
and ballrooms.
(9) In th,c event a buildini~ is both a commercial buildin ~
a~, nd a hotel, all
common use areas except for hotel rooms rented to guests and designated
as smoking rooms.
(10) All vehicles owned or leased by the County.
(1 1) Anv taxicab designated as a no-smoking taxicab by its owner or driver,
provided that the no-smoking taxicab displays the international "no-
smokin~' symbol in the following locations:
Inside the taxicab on the glove compartment so that it is visible to
anY person seated in the front passenger scat area and on the back
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Outside the taxicab below each of the passen
ear handles or
affixed to the upper part of the windows of each passenger door.
Such exterior symbols may be decals, ma~metic or painted directly
on the vehicle doors or windows.
(12) Private residences when used as a licensed child care, adult day care or
health care facility.
(l3) Smoking is prohibited within 15 feet outside an enclosed area where
smoking is prohibited to insure that tobacco smoke does not enter the area
through windows, entrances, windows, ventilation systems, or other
means.
Section 14-22. Exceptions.
(a) Smoking may be allowed hereunder in the following places subject to section 14-21.]
Notwithstandint* any other provision of this article to the contrary, the followine areas
shall be exempt:
(1) [Small businesses.] Private residences, except when used as a licensed child care,
adult day care, or health care facility.
(2) [A restaurant with a seating capacity of forty or fewer patrons.] Individual hotel
and motel rooms that are rented to Quests and are designated as smoking rooms;
provided, however, that not more than twenty percent (20%) of rooms rented to
guests in a hotel or motel may be so designated.
[(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.
(5) A private restaurant or club to which only members or their guests arc 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. ~Signs.~ Posting of suns.
(a) [Clearly legible signs which include the words "Smoking Prohibited by Law" with letters
of not less than one inch in height] "No Smokinn" signs or the international "No
Smokin~ymbol 1 consisting 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 employmentwhere smoking
is prohibited by this article, by the owner, operator, manager, or other person having
control of such place.
(b) Alternate means of notitication [(individual place cards, film clips, etc.) may be
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.] Evcrypublic 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 prohibited.
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(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. 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 $25 and
not more than $50.
(c) A person who owns, manaecs, operates, or otherwise controls a public place or place of
employment and who tails to comply with the urovisions of this article shall be uuilty
of
an infraction punishable bv:
(I) A fine not exceeding $ 100 for a first violation;
~2~ A fine not exceeding $200 for a second violation within one year of the date of
the first violation; and
(3) A fine not exceeding $500 for each additional violation within one year of the
date of the preceding violation.
Section 14-24.1. 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 administrativejudge
of the district court, shall be printed on a form commensurate with the fbnm 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
prescribe that the violator he given a carbon copy of the citation and provide for
the disposition of the original and any other topics.
(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 14-23 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 14-23.
(c) Except as provided in section 14-24.1(b), enforcement of this ordinance shall he under
the jurisdiction of the County police deparhment.
(d) In addition to the foregoing, any police officer or other officer or employee of the County
duly authorized to issue a sununons 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
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requested by the police officer or other duly authorized officer or employee to stop
smoking.
Section 14-24.2. 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 arc severable.
SECTION 5. This ordinance shall take effect six months after approval.
INTRODUCED BY: 1
('OUNCIL MEMBER, COUNTY OF HAW,AI`1
Hawaii
Date of Introduction:
Date of 1"Reading:
Date 2"`~ Reading:
Effective Date:
Ft£FEl2ENCc: Comm. _~1~2~
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