HomeMy WebLinkAboutBIL 260 Draft 04 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
260
BILL NO.
(Draft 4)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 (GENERAL WELFARE) OF THE HAWAI`1
COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO SMOKING IN
CERTAIN PLACES [N THE COUNTY OF HAWA[`I.
BE IT ORDAINED BY TFIE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Purpose. 'Fhe 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]~ "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.] that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the 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
theprior calendar year gross sales of food are less than one-third (1/3) of gross
sales of alcoholic beverages. A "bar" is authorized under a license issued by the
department of liquor control.
(2) "Bowling alley" means a building where people€o t<~ 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 joint venture corporation or
other business entity formed for protit-making pumoses including retail
establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical, dental engineering
architectural, or other professional services are delivered.
(5) "Commercial building" means a building occupied by two or more commercial
tenants.
(6) "Enclosed or partially enclosed areas" means areas closed in by a roof or overhang
and at least one wall, except for hotels.
(7) "Hotel" means a transient vacation rental, other than a bed and breakfast home
containing lodging or dwellin units.
(8) "Multifamily dwellin,;' means a building containingmore than two dwelling units.
{9) "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 conducted
therein by either private or public entities.
[(6)] ~ "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 excluding a "bar." If a restaurant includes an area
devoted to the serving of alcoholic beverages, that area shall be deemed Hart of
the'Yestaurant," not a separate "bar," for this article. An establishment that is a
"restaurant" shall have that status for all hours of operation.
(12) "Separate open air area of a restaurant" means an area roofed or uot, of a
restaurant's premises that is both:
(A) Directly exposed to the outside environment on every side, except a side
abutting (i) an indoor area of the restaurant, (ii) any building that does not
house the restaurant, or (iii) any other enclosed or partially enclosed place
or area where smoking is prohibited by this article or Chapter 328K, HRS;
and
Entirely separated from any abutting area, building, or place listed under
subdivision (A) by either of the following:
At least 10 feet of space that is outside the walls of the building
housing the restaurant; or
ii A solid wall (U without any openin~or (2) with either or both of
the following, but no other opening: a closable doorway that staff
closed except when a person passes through or a closable serving
window that stays closed except when food, drink, or eating ware
is passed through. A "solid wall" means a wall constructed of rigid
material that reaches from floor to ceilink=,. It may have an
uno~enableplate glass window. A "serving window" means a
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window through which food, drink, or eating ware may be passed
from one area of restaurant to another area of the restaurant.
A side of a restaurant area shall be deemed "directiy exposed to the outside
environment" if the entire side is unenclosed or enclosed only by a barrier of not
more than four feet high from the floor. An "indoor area of a restaurant" means
the area within the walls of the building housing all or nart of a restaurant's
premises.
[(I "Smoke" or "smoking" means [and includes] inhaling or exhaling [upon, burning]
the fumes of tobacco or any other plant material, or burning or carrying any
lighted smoking equipment for tobacco or any other plant material; the personal
habit commonly known as smoking including smoking cigarettes, cigars, or
i es.
Section 14-21. Prohibition din certain places open to they 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 orpartially enclosed areas
within the County, including but not limited to, the followingplaces:
[(1) Elevators in buildings generally open to and used by the public, including
elevators in apartment and other multi-unit residential buildings.]
[(2)]~[Pri~ate 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
perneate 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) MUST UtI1S, libraries and galleries, provided that smoking may be perniitted
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 ofthc
library so that smoke does not permeate into nonsmoking areas.]
[(5)]~jRestaurants 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 t?om which
the major source of income is derived. provided that if the
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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.]
Any restaurant except that smoking shall be permitted in a separate open
air area of a restaurant when the business operating the restaurant retrains
from designating the area as nonsmoking pursuant to Section 14-21(a)(4).
[(6)]~jThe following facilities or areas in County-owned or controlled buildings:
(A) Meeting or conference rooms;
(Q) 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 area or building owned, leased, operated, or maintained bye
County, except for residential dwellings units which shall be re ug lated
herein as multi-family dwellings.
[(7) Except 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;
(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 of 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.
{5) 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, hallways, cafeterias, employee lounges, and stairs.
(61 All areas within multi-family dwellings that arc open to the common use
of all unit owners or residents, including but not limited to lobbies,
elevators, restrooms, hallways, corridors, stairways, waiting areas and
recreation areas.
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(7) All areas within commercial buildings not subject to the exclusive use
and possession of a tenant and oven 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.
(8) In the event a building isboth amulti-family dwelling and a commercial
building, as defined in this article, all common use areas extent for
private residences.
~9~ All enclosed or partially enclosed areas within hotels that are open to the
common use of the public, hotel guests, or hotel employees, including but
not limited to, restrooms, lobbies, elevators, hallways, corridors,
stairways, waitinc areas, recreation areas, banquet halls, banquet rooms,
and ballrooms. For purposes of this subsection, an enclosed or partially
enclosed area is any area for human occupancy that is contained on two
or more sides by walls and is covered by a root; ceiling, or overhang
such that the area of all permanent openings from the space to the open
air is less than 50 percent of the combined areas of the walls and ceiling,
roof, or overhang. If a wall does not meet the floor or the ceiling, roof or
overhang, the calculation shall be based on the vertical projection of the
wall to the plane of the floor or the plane of the ceiling, roof or overhang.
Permanent openings shall not include doors or windows which are
cable of being closed.
(10) 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 deli ng ated
as smoking rooms.
(1 11 All vehicles owned or leased by the County.
(12) Any taxicab designated as a no-smoking taxicab by its owner or driver,
provided that the no-smoking taxicab displays the international "no-
smoking" 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 seat area and on the back
of the front seat so that it is visible to any passcn€=er seated in the
rear of the taxicab; and
Outside the taxicab below each of the passen~=er door handles or
affixed to the upper part of the windows of each passenger door.
Such exterior symbols may be decals, magnetic or painted directly
on the vehicle doors or windows.
(13) Private residences when used as a licensed childcare, adult day care, or
health care facility, except for areas where clients or patients are not
allowed, such as the owner's bedroom, or in residences where the care
facility is detached from the residence or is sc~arated from the owner's
area.
(14) Bowlingalleys.
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Section 14-22. Exceptions.
(a) [Smoking may be allowed hereunder in the following places subject to section 14-21.]
Notwithstanding any other provision of this article to the contrary, the following areas
shall be exempt:
(1) [Small businesses.] Private residences and areas in private residences when used
as a licensed childcare, adult day care, or health care facility where clients or
patients are not allowed.
(2) [A restaurant with a seating capacity of forty or fewer patrons.] Individual hotel
and motel rooms that are rented to guests and are designated as smoking rooms.
(3) [A restaurant while it is being used solely for private parties or gatherings.] A
separate open air area of a restaurant when the business operating the restaurant
refrains from deli ng atin¢ the areas as nonsmoking pursuant to Section l4-
21 a 4 .
(4) [An enclosed room of a restaurant, or a banquet room used solely fiir private
parties or gatherings.] Bars and nightclubs.
[(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. [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" signs or the international "No
Smokin Yom'
symbol (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 ofe~nploymentwhere 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.)] 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.] 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 smokingprohibited.
(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 pIOVided in Section 14-24(b) or
14-24(c). 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.
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(b) [Except as otherwise provided, any] Any person violating any of the provisions of this
article shall be [punished by a tine of $5 for each violation.] fined not less than $25 and
not more than $50.
(c) A person who owns, mana>;es, operates, or otherwise controls a public place or place of
employment and who fails to comply with the provisions of this article shall be uilt~f
an infraction, punishable bv:
(1) A fine not exceedine $100 for a first violation;
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 theprecedinc violation.
Section 14-24.1. Enforcement and administration.
(a) Summons or Citation.
(I) 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 ofthe district courC may
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 ils 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. I (b), enforcement of this ordinance shall be under
the jurisdiction of the County police department.
(d) [n addition to the foregoing, any police ofticer or other officer or etployee 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
smokine.
Section 14-24.2. Fire Code.
Nothing in this article shall be construed as superseding applicable tire code provisions.
Where a conflict between the provisions of this article and the fire code arises, the fire code
provisions will prevail."
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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.
INT&~JIJ~CED BY:
- - - -
COUNC MEMBER, :OUNTY OF HAWAII
,Hawaii
Date of [ntroduction:
Date of l" Reading:
Date 2°`~ Reading:
Effective Date:
kEFEitENC,r: Gomm....... _._.13-.1D8_
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