HomeMy WebLinkAboutBIL 260 Draft 07 2000-2002 ~IL,~ NO. 260
(draft 7)
OI~~INI'~NC~ NO.
AN ORDINANCE AMEN~aING C1~IAPTER 14 (GENERAL WELFARE) OF TIIE HAWAII
COUNTY CODE 1983 (195 EDITION), AS AMENDED, RELATING TO SMOKING TN
CERTAIN PLACES IN TI 1F.. COUr~TY OF HAWAI `I.
SE IT ORDAINED BY T1IE COUNCIL, OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The County Council finds that there are compelling public health
and safLty reasons to proa~~ct nonsmoking employees and the general public from the hazardous
effects of environmental tobacco s~7?ok_e (ETS), more commonly k_no~~a~ as "second-hand
smoke." ETS has been dLterz"t7ined to cause a number of adverse heaJ.th effects, including lung
cancer, childhood asthna~~, and lower respiratory tract infections, according to studies by the
U.S. Surgeon General, Environme~ltal 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 conj~s~tction with :applicable state laws governing smoking in the workplace
and public places. The Council recog~xizes that this ordinance is more stringent than Part 1,
Chapter 328K, Hawaii I"_yvised Statutes.
SECTION 2. Chapter 14, A3-ticle 4, of the Hawaii County Code, relating to smoking in
public places, is amended to read and be appropriately numbered as follows:
"Artlisl~-~ 4. ~rQl~L;bltl~~ of SanQ~i~g i~ [P~ablas] Cert~i~ Paces.
Sectien 14-20. ~?e~oa~inzas.
(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 tl~:c prc~rises is authorized under a license issued by the department of
liquor coy~t;:ol.] that is d~-voted to the serving of alcoholic bevcra~es for
consumt~tir:;.~ b~ ~ue~ts on the .premises and in s~~hich the serving of food is only
incidental xt: the con~~~r~~tion of tho~,c beve~a~es including buy not lin~itcd to
taverns, ni~'xtcl€~bs. ~oc~tail lounges, and cabarets. "Incidental" m~,ar~ that for
the prior c~'e.~xcl ~r y~~r dross sales of food are Iess than ore third (1/3) of gross
sales of alc~~holic bever<~<res A "bar" is authorized ~~nd~c.r a license issued by the
delaartm~pt,of lia~uor co~strol.
(2) "~owlin~ >'lev" means a buildin where people ~o to bowl.
(3) "wilding".beans any area enclosed by a roof and at least three sh~alls.
(4) ["Small bv~in:.3ses" iY[C ~ls those business establishments having no more than
five emrlo~~ces :~~orking on the business premises per established :~~ork shift.]
"Business" ~«errs a ~olc_~ro~rietorship, partnersh~,,~iint venture co;t.oration,
or other bg~;~r~•_s en*i{'c~rmed for profit ~nakang2pur~~ses, includ~.n~ r~,ta~l
establisl- r~~ts rl~crw moods or services arc so'.d as ' a. s ~ro~es~~on>,.l
comorar~~~~ a~~d otl~~~• ~rstities v~~herd legal, medical ct ~talz ~n~inecrin~,
architect~it hl, or other ~I-ofessional ~~::~.vices arc delivcrvd,
~SZ "Commer~ uj~~ldng ' mans a building occut~ied by too or snore comnr~ercial
tenants.
(6) "Enclosed or ~sa3 ii~l~ enclosed areas" means areas closed in by a roof or overha~
and iia leasi t;:'~o F3'alls.
(7) "I-Iotel" mcn~s a tr~~~~irr~t vacation rental other than a b:,d and breakfast home
COnt~inln~? 1i:3.giri~ Or ~3A'~.~li_11_ggL1111tS.
~8) "1l~~ulYifans,ly.~~r~
~ ~'i~rwans a building containing more than two d~x~elhn~;,units.
~9~ "Ni~l~tclub" ~c :.n.s a k in which live sntertainrnent or recorded music is provided
and in wh~c'r~ '~~~~ilMies for +aancin~ by ;patrons are prov~d~d
[(2)]~ "Open to the public" ~nca~~s areas within any building available for use by or
accessible to the general public during the normal coursd of business conducted
therein by e:{tl~e~~ private or public entities.
[(6)] S 11~ "Restaurant" means [a] retail eating establishment :z~here food is s~-ved or
tprovided for on ~:ife c~r4:~rn~tian by seated patrons that is authorized by the State
departmc,~t ~f h~Y¢lth to operate as a [restaurant.] food cst.~bl~ ~'~~rcnt. including
any l~nv~ tc food stirc~~ce ~.>tablishmer>t. or club in s~~hi~°h only 1~~.:~~'3~rs or their
guests arc ~~~~~-s~.~led, but excluding a "bar." If a resta~~rnpt includes ar? a.rea
devoted to ~~3e sAt"vir~~ of alcoholic beverages, that ar^~ sl•~~11 be dcc~ne art of
the "recta a~ .,t riot a gate "bar," far this wrticle A~3 establisl-:~jc;.nt that is a
"restaurant' -h~11 have sly h~ status for all hours of ot~era¢ion.
[(1)](~ "Smoke" or "sir~oking" means [and includes] inhaling or exhaling [upon, burning]
the fi~mes of tobacco or an. other l;.s}~t material or bor~in~ or carrying any
lighted smoking equi.l3n.~:.~.t for tobac,o or any other ~la.rt rraatcrial; the personal
habit com~~~nly kno:Tn as smoking ~ncludir~~ smolEit~~T ci~arcttes, ci€~ars, or
i es.
Sects®n 14-21. F'Y-~-~1`~l~itl~an: [in certain places open to tl:ae~ ~s€ s~uk>in~ In [p~~ka'In'e.~
c~~~~~~i; pla.ces.
(a) Except as otl~€~rtvise provided [herein,] in this article, smoking shall be prohibited
in [the follo~~~ing places within the County:] all enclosed 1,laces z~~ithi.n the County,
including but-not limited to, the fillo`xring places:
[(1) Elevators in buildings generally open to and used by the public, including
elevators in apart=Went and other multi-unit residential buildings.]
[(2)](_l.)_~[Eri,~:_zte and s~;aniprivate] Patient rooms, wards, waiting rooms, lobbies,
and public h'1~3<rays of public and private health care facilities, including,
but ~aot 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 «~here smoking is permitted where smoking areas comprise
no more than f fty percent of the waiting area space in the facility if the
smoking areas are physically separated by walls so that smoke does not
pei-~i;:cate into nor ~.moking areas. ]
[(3) Any room which is primarily used for exhibiting any motion picture, stage
drar+, dance, musical perfon-nance or other similar perfonnancc during
the tune that the room, hall, or auditorium is ope~l to the public for such
exhibition.
Museums, libraries and galleries, provided that smoking may be permitted
in a dcsignatcd portion of the reading area in a library if the smoking area
comp~~-ises no more than twenty percent of the reading area in thy. library
and ; physically separated by walls or partitions firom the remainder of the
libra~°y so that smoke does not permeate into nonsmoking areas.]
[(5)]~jRes?aurants 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 reasonrAbly
proportion; ate to the preference of its users.
(B) ~~Jhere an establishment is both a restaurant and a bar, the
establishxn~:,nt 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 ibis section.]
Restaurants anti bawling alleys. If a restaurant or bowling alley contains
an o}~tdoor, open ~~r or partially enclosed seatir~~ area ~~jhc~-~: food and
bev~~~~c~re ~~r- cd smokir~m is t~rohih~ted in t' is area of the
estab' i sh?Went.
[(6)Jj~j~ho following facilities or areas in County-owned or controlled buildings:
(A) Meeting or conference rooms;
(13) Auditorium or sports areas that are enclosed;
(C) Community centers ~~rhere 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, coi7idors or
other passageways anal private, enclosed offices not generally
open to the public for the transaction of business.]
Any inclosed or ~3artially enclosed area ~r building o~~~z~ed~ leascdg
oporate~,
c;r t~a~~~t<~~ncd by C~~unty .,xcept fir r~sid~:nt~a1 ~~~~rallin~
units which sl ill l^-e re~ulate€' he ~,in as multi f •:n~ily dl~~el'~n~s.
[(7) Exc~;~3t as othcr~vise provided in t11is section and subject to the exceptions
in sc;ction 14-22, a]1 areas open to the public in the following business
establishments:
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(A) Food ~.nd grocery stores;
(>3) f3rug stores;
(C) Supermaritats;
(D) Banks;
(E) Savings and loan associations and industrial loan companies;
(F) FZctail stores;
(G) Lredit unions.
(8) Rest~~ooms. Any restroom open to the public in places specified in this
section.]
[(9)]~jNot:~ithstanding the exceptions stated in section 14-22, any area of any
busi:ncss, gavernttental, or charitable establishment which has been
dcsi<~nate~ by thb owner, operator, manager, or other persons h.ving
cones
~ol of such establishment as a nonsmoking area and m.t rkc.~ ~=rith a
"no smelting" sii7n or signs.] Except as ~rovi.d~~l in Section 1 ~-22, all
bu4€Ness end .got-for-nrof~t estal•lishynents inclL~l:n~* but not li~-aitcd to
aud~€:;~ri~~:mss, tl~et~:tens halls mus~a~~as librar~~s ~%alleries class<°ooms
z~ ~ fte t>i=aces c~Unference or meting rooms a:n:d all otl~~,~- enclosed
fwcilities. ~`l-;s a~~o includes con~znan areas, t~ ~3<:d'ra~ but not limited to.
~~~orK arias, cl v~tors, hallways, cafeterias ~,n~~loyice lour~wes staljS1 and
restrooms.
(5) All ~;nclosed or t;<a~-tially enclosed areas within ~~ta.lt~ farr~ily d~~~ellings that
axe, ~l~e.7 to th3 cc~:~~rnor use of all unit owners or residents. incl~~~din~ but
not a~~rrired to lo~`Sl.~ds, ~:~evatcrs, sztaoms hill }mss, corr~dor~, sta~~ ;'a~~
wwiti~~g ircas > nd recreation areas.
All 3~;as ~AritlS~n c rnxnercial'?~zil dings not subiLct to the exclusive use and
~~~#~~ion of a tc-€~:ant and oven tc~ the commo?~ E ~ e of the tc.~a~:~t~. of the
.a _ a
bu;l~~ij~ ~r~d th~,~r.~rriployees end customers, ir~4.l~~~:lin~ but °~ot l~srnt~,d to
corn~~on
~r€tra~cc ..teas, restrooms, lobbies, elc~<~tors, j~naPs, h>~liu~e~ys,
corr;~tors> ~,ses 1~+ors, stairways, and waiting or rcpt areas evithin
co3nt:crci;.~?l.
~~tailtl°;n~s.
~7) In tt.r ev,; ~~t a h.=~'~ing is both a it~ulti-family dwelling and a co~nrriercial
bu??~~~~`~ _ °s d} f m this article all common ixse areas except for private
.
(8) Alf ;~~closed or ~ ~.~-tially enclosed areas within hotels that ,sire o .~;n to the
con~.~ion ~~sc of thy: public, hotel guests, or hotel c-~?nlove~~, ~nel xd,n~., but
not l~f~i~ted to rcYt~°ooms, lobbies elevators h 1' ,aye, corr~dor~..
staii
~
-a.y~ < t~nf areas, recrc~tion areas bar~u~t halls b~ nc~uct rooms,
and balls°ooms.
(9~ In tl°~ ev~~~t a b3atldin~ is both a commercial buil~lin~ and a hotel, all
con~<~~on ease are~~ except for hotel rooms rented to guests And ~~E-.si~nated
as ~s ~:okin~ roo~~-~s,
(10) All ~,~~,hicleg o,a~r~ed or leased by the County.
~1 1) Ta~i~a~s.
(12) Are - ~~-itl3in pnvz~te residences, during hours of operation. that are used
for 33~ care of t~~`=4dnts or cli~~~ts in licensed chile care, ad~~lt day care,
re,~«~,;~t~~l care ht~~~~e or health care fac~hty, oxcept in resid~rc,s .*y~here
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the c«re facility is ph s~icall~etuched from trac residence or is completely
se(~''F ~.to~l bra ~o'd wall with no other o~enin~.~, except closable doors or
w,r~r).a~ s ;~~~h~clj :'::all remain. closed dur~n~ hoe, ~ of o~orat~on ~ om tho
otvnsr's ~mriya ~~~hc~-c clients or pat ents are not <~llo~~~ed.
Section 1422. Exceptions-
(a) [Smoking may be ~~llowed hereunder in the following places subject to section 14-21.]
Not~~~ithstandin~; a:~y other provision of this a~~icle to the contra, the follo~vin~ areas
shall be ex~npt:
(I) [Small busirdcsses.] Private residences, except as~rohibited in Section 14-
21(a,~12).
(2) [A restaura?~t with a seating capacity of forty or fewer patrons.] Individual hotel
and mote] r~;oir?s that axe rented to ~~sts and are des~~n ~ted as smokin. rooms.
(3) [A restau~-~~~~~t .~-bile it is boing used solely for private par-tios or gathorings.] Bars
and night+.lt.~bs.
[(4) An encloscdi-room of a restaurant, or a banquet room used solely for private
parties or gthcrings.
(5) A private re:~taurant or club to which only members or their guests are permitted.
(6) Any seating~,rea completely outside the building housing the restaurant.
(7) Bars.
(8) Any property o~~-nod, controlled, or leased by State or Federal government
entities.]
Section 14-23. [Signs.] of s~~e
(a) [Clearly lcg}ble sigs,s ~;-hi.ch incl~~de the words "Smoking Prohibited by Law" ~.~~ith letters
of not less than one inch in h~tight] "No Smol:in~" sigr~~ or the international "No
Smoking" symbol (ion l~tir}~ of ~ pictorial representation of a b~.sin~ ci~n Ott enclosed
in a red circle w~-]3 a re4~ ~rar ~ ~s it shall be clearly and conspicuously posted in [all
places generally op~;:n to the] every public dace and dace of e~r~ploy~n~c~nt ~~~herc smoking
is prohibited by this article, by the owner, operator, manager, or other person h_= ving
control of such place..
(b) Alternate moans of r?otification [(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.] dc~;.;~ilic~ in,~zls>~cton a .
(c) [All signs required by this section shall be posted by April 30, 1987.] Eve~~sublic place
and place of emp'o~~~cnt ~~vl~u~c :.~noking is ~~ro'~~b~ted by this article shall have posted at
evc;ry a:.ntrance a co~~~~~cuc}u s~ cl~,arly st~t~r4h that ~mokin~ ~s prohibited.
(d) Any person viola<ir~; any of the provisions of this section shall be issued a notice of
violation and shall cnlj;lily with tie provisio~as of this section within ten days. Thereafter,
the violation shall c~,? a fine [of not more than $25.] as rovidcd in Section 1~1-2~1(b)
and/or 14-2~(c). 1? <:L.h violati.on cited shall constitute a separate offense.
Section 14-24. Violations end pcn~~ti~s.
(a) It is unlawfi~l for any person to smoke in a place within the County where smoking is
prohibited.
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(b) [Except as other~~~ise provided, any] Any person violating any of the provisions of this
article shall be [punished by a fine of $5 for :.ach violation.] tined not less than $25 and
not more than $50.
(c) A person ti~,-ho over t: ma.ra~es, operates, or otherwise controls a public place or dace of
c~~mloymcnt and fail:: to corr~ly with the provisions of this a9-ticle shall be guilt~of
am infraction, pur~3~3~~ l~.le by:
(1) A f ne not e:~cec~~lin~ $100 for a first violation;
~2~ A fine not ~::~ccodin,_~~2GJ for a second violation within one year of the date of
the first viol~.tion: and
(3~fine not encee~in~ X500 for each additional violation within one year of the
date of the ~~•e~e€lin~ violation.
Sectioaa 14-24.1. >~aaforce~zat grad ~.€lrniaaistratioaa.
(a) Summons or Cit'~ic~ii_i.
(1) There shall be provided for use by an officer or employe:, of the County duly
authorized to issue a summons or citation, or any police off cer a form of
summons or citation for use in citing violators of this article which doc5 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 distri~:.s.- court, :hall be printed on a form commensurate ~~~ith the form of
other summons or citations used in modern methods of arrest, and so de:;~igned to
include all necessary info~-~nation to make the same valid within the laws and
regulations of the State a.nd the County.
(2) In every cage, when a citation is issued, the original o~f the same shall be given to
the violator[;], provided that the administrative judge of the district court may
prescribe th;~t the violator be given a carbon copy of the citation and provide for
the dispositi~^n of the original and any other copies.
(3) Every citati~~i~ 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 dnpa.~•iment of public works of the County, ix~hich 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 1 ~-24.1(b), enforcement of this ordinance shall be under
the jurisdiction of tl~~c County police department.
(d) [n addition to the forcgoir~:g, any police officer or other officer or employee of the County
duly authorized to issue a summons or citation may eject from th~c premises any person to
whom a citation ha.-~ been issued and who continues to smoke after the person has been
requested by the police officor or other duly authorized officer or employee to stop
smoking.
Section 14-24.2. Fire Coci~:.
Nothing in this article shall be construed as superseding applicable fire code provisions.
Where a conflict betwecr~ the provisions of this article and the fire code arises, the fire code
provisions will prevail."
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SF,CTION 3. Mato,-gal to be repealed is bracketed. New material. is underscored. In
printing this ordinance, tl~c; brackets and bracketed material need not be included.
SECTION Sevc~•ability. If any provision of this ordinance, or the application thereof
to any person or circui~s€,£ nce, is held invalid, the invalidity does not affect other provisions or
applications of the ordin.<:~~ce .which cs~ 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.
[NTRODUCED BY:
C(~~~IJI~IL Mb:MBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1S' Reading:
Date 2°d Reading:
Effective Date:
1:~ .228
.
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