HomeMy WebLinkAboutORD 2005-009 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 1
ORDINANCE NO. 05 9
AN ORDINANCE AMENDING CHAPTER 7 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO CIVIL DEFENSE, DISASTER CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to increase the effectiveness of civil
defense ordered evacuations during impending disasters or disasters by amending
section 7-6, definitions; section 7-10, loitering during impending disaster or disaster; and
section 7-11, penalty.
SECTION 2. Chapter 7, article 2, section 7-6, of the Hawaii County Code 1983
(1995 edition), is amended to read as follows:
Section 7-6. Definitions.
As used in this article:
"Authorized person" means anv~
j~ Police officer or County or State employee assigned to
disaster duty during an impending disaster or disasters
f~ National Guard members
~ Civil defense agency personnel or volunteers
{{1)}~ "Disaster" means any situation, usually catastrophic in
nature, where numbers of persons are plunged into helplessness
and suffering and as a result may be in need of food, clothing,
shelter, medical care, or other necessities of life, and the governor
of the State or the mayor of the County has declared a state of
disaster or emergency.
{(~}}(3) "Impending disaster" means any situation where a
catastrophe threatens an inhabited area and the civil defense
agency has issued a warning that the inhabitants of the area should
evacuate from the threatened area.
SECTION 3. Chapter 7, article 2, section 7-10, of the Hawaii County Code 1983
(1995 edition), is amended to read as follows:
Section 7-10. Loitering and refusal to evacuate during impending
disaster or disaster.
A person commits the offense of loitering during an emergency if during
an impending disaster or a disaster that person:
(1) Loiters, loafs, or idles upon any public highway, sidewalk, or public
place, on foot or on any vehicle, in or close to an impending
disaster or a disaster area.
(2) Disobeys any direction or command of any police officer directing
traffic.
(3) Refuses or fails to leave any area, public or private, upon order of
[a--psl',~^-~~ an authorized person, which action impedes or
tends tc impede the effective and orderly handli~~g of the impending
disaster or the disaster; provided that this section shall not prevent
any authorized person from lawfully preserving, protecting, or
salvaging any property, real or personal, or to prevent any other
authorized person from performing any other lawful duty.
Refuse or fail to evacuate any area public or private upon order of
an authorized person which action impedes or tends to impede the
effectiveness and orderly handling of the evacuation of persons
from an impending disaster area.
SECTION 4. Chapter 7, article 2 section 7-11, of the Hawaii County Code 1983
(1995 edition), is amended to read as follows:
Section 7-11. Penalty.
A person who has been convicted of any offense under this article, shall
be sentenced to pay a fine not exceeding $500[:] or imprisonment for a term of
not more than 30 davs.
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 6. Severability. 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 declared to be
severable.
SECTION 7. This ordinance shall take effect upon its approval.
INT ODUCED BY:
lire
COUNCIL MEMBER, OUNTY OF HAWAII
xilo ,Hawaii
Date of Introduction: January 5, 2005
Date of 1st Reading: January 5, 2005
Date of 2nd Reading: January 21, 2005
Effective Date: January z8, zoos
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AN~~ ~(l /
OFFICE OF THE COUNTY CLF,RK ih,ro,.,,.,,,,w. ~ '~1 a~',~
County ofHawai`i (xwrrry~r~l
Hilo, Hawaii
Introduced By: Aaron S . Y. Chung ROLL CALL VOTE
Date Introduced: January 5, 2005 AYES NOES ABS EX
First Reading: January 5, 2005 Arakaki X
Published: N/A Higa X
Hoffmann X
RFMARKS~ Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
Second Reading: January 21, 2005
To Mayor: January 26, 2005 ROLL CALL VOTE
Returned: January 31, 2005 AYES NOES ABS EX
Effective: January 28, 2005 Arakaki X
Published: February 3, 2005 Higa Y,
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
_ Jacobson X
Pilago X
Safarik X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council p bushed as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNGL HAIRMAN
DEPUT ORPORATION COUNSEL l
COUNT OFHAWAI`I ~.`tlt~ ~u~,f t_P~~ `~-~'C~t~,~
COUNTY CLERK
Date t/ ~
1
Bill No.:
Reference: C-6/PSPRC-3
rove Disapproved this ~ c~ _ day -
Ord No.:
of Ja~nu.am , 20 °S -
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