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HomeMy WebLinkAboutORD 1996-020 1994-1996 C®IJN'T'~ IIAAII` ~°A`I° O~ ~iAtiVAII SILL NO. 1 ~ 2 (DRAFT 4) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO STREETS AND SIDEWALKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 22-31 of Article 1, Division 7, Chapter 22 of the Hawaii County Code is hereby amended to read as follows: "Section 22-31. Restrictions in certain arias. (a) Notwithstanding a provision of law to the contrary, it shall be unlawful for any peddler to sell or offer for sale,,,.~~~~.I any goods, wares, food, merchandise, or other kinds of property or for any solicitor or canvasser to solicit orders for or distribute commercial handbills for any goods, wares, merchandise, or other kinds of property or services, on any sidewalk, street or other public area in the following designated locations: (1) Within five hundred feet from the boundary of any school property during normal school hours. (2) In Hilo on Banyan Drive except on designated areas. (3) In Kailua-Kona on Palani Road between Kuakini Highway and Alii Drive to the north, including that area known as Kaahumanu Place, and extending southward along Alii Drive to its terminus except on designated areas. (4) Commercial-zoned areas in Kealakekua, Capt. Cook and Kainaliu. (5) Areas along the Mamalahoa Highway fronting, and inclusive of the entrance and exit, to the Lucy Henriques Medical Center. (6) Areas along Kawaihae Road and Lindsey Road, fronting Waimea Civic Center, Anuenue Playground, and Waimea Park. In~ona. on and along~N p~,~~R a l Q known a~Pali Poko Road end the Lower Govern ent Main Road., ~~i,~ning to . i in ,~~ti with the Mamalahoa Higmhwa~ and ex endin ~nur ,fir .to ids eei Rom known as Government Roadl~ and then extendine along.., hie entire len tg, h of Puuhonua Road (also known ~B~ c~h Road and H~~ ~ n beach Road) from its northern point at Kealakek a Bav to terminus at Hon un~~Bav (b) Any person desiring to sell or offer for sale ],ease p~ rep any goods, wares, merchandise, or other kinds of property or solicit orders for or distribute commercial handbills for any goods, wares, merchandise, or other kinds of property or services, within the areas designated under subsection (a)[(2) and (3)], shall submit a request therefor to the council, and the council, upon finding that the proposed activity will not be detrimental to the public health, safety, and welfare, shall by resolution designate the time and place where such activity may be conducted. (c) The provisions of this section shall not apply to any sale, or offer for sale, or solicitation of order conducted upon the premises of any business establishment. " SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets and bracketed material and the underscoring need not be included. 2 SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance, 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 severable. SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL ME BER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: January 3, 1996 Date of lst Reading: January 3, 1996 Date of 2nd Reading: February 7, 1996 Effective Date: March 4, 1996 BDL/apn ~~r ~r 1TY - P02ATION COUNSEL CO~U,N,TY ~OfFjHAVNjA' I I~ 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , ~Iazuaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: Brian De Lima Arakaki X Date Introduced: January 3 , 19 9 6 Bonk_Abramson X First Reading: J a nu a~ 3, 19 9 6 X Published: N/A De Lima X REMARKS: Domingo X Osorio X Rath X gay X Smith X 8 1 0 0 FT 31 ROLL CALL VOTE Second Reading: February 7, 1996 AYES NOES ABS EX To Mayor: X Returned: Effective: Bonk-Abramson X Published X De Lima X REMARKS: Domingo X 02/21/96 -Bill l~~s Draft 3 r~con~id~~~ Osorio X ~y X Smith X 9 0 0 n I DO IIEIZEBY CERTIFY thrat the foregoing BILL wcas adopted by the County Council and publishers as inrsicated above. COLIIVCIL CHAI N COLileI'PY CLERK Approved/Disapproved this day of 19 MAYOR, COiIN7Y OF HAWAII BiII No.: ~2 _j,~~ ; Reference: C-773.O~HSPVJC-78 Ord. No.: OFFICE OF TIDE COUNTY CLERK County of Hawaii Hiio , I-Iawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: pa.~~ Date Introduced: Bonk-Abramson First Reading: Childs Published: De Lima REMARKS: Domingo Osorio Rath ~Y Smi D Reconsideration: ROLL CALL VOTE ~I~ February 2 199 6 AYES NOES ABS EX To Mayor: FeLruarv 23 1996 Arakaki Returned: March 5, 1996 X Effective: March 4 , 1996 Bonk-Abramson Published March 12 , 199 6 Childs X De Lama REMARKS: Domingo ~2 /71 /9~F- - Reconsid.erati~n Osorio Rath X Ray X Smith 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL auas adopted by the County Council and published as indicated above. • COUNCIL C IItATAN CO UNT'Y CLERK Approved/Ied this ~ day 11~4Y , COUNTY O WAII Bill No.: 172 (Draft 4~ Refereaace: C-773.01/HSPVJC-78 Ord No.: