HomeMy WebLinkAboutBIL 151 Draft 01 2004-2006 Mtr,o•
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 151
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWA]'I COUNTY CODE 1983 (2005
EDITION), RELATING TO LITTERING AND REFUSE DISPOSAL
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAi'I:
SECTION 1. This bill seeks to accomplish the following goals in relation to the
enforcement of provisions regarding illegal dumping. These goals are:
1). To facilitate realistic enforcement of existing provisions for littering and illegal
dumping. Illegal dumping is a crime of convenience, and an action to avoid
payment of fees. The deterrent of a misdemeanor, which requires a jury trial and up
to one year in jail, has been ineffective. By deleting the option of community
service, it puts the crime and the monetary penalty in the same arena.
2). To strengthen enforcement by adding that each day constitutes a separate
offense.
3). To standardize the language for enforcement throughout the whole of Chapter
20.
SECTION 2. Chapter 2Q Article 1, Section 20-8 of the Hawaii County Code 1983 (2005 edition)
are amended to read as follows:
Article 1. Littering.
Section 20-8. Penalty.
Any person who violates the provisions of this article shall, upon conviction, be sentenced to pay a fine
not less than $250 and not more than $1,000 for each offense, °^ai^° ^°a°°°a ^
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° ^ ° All persons who are caught littering shall be
required to remove the litter that they caused or shall be liable for the costs of removing that litter.
Each day of violation shall constitute a separate offense.
SECTION 3. Chapter 20, Article 3, Section 20-45 of the Hawaii County Code 1983 (2005 edition)
are amended to read as follows:
Article 3. ReFuse Disposal.
Section 20-45. Penalty.
Any~erson who violates the provisions of this article shall, upon conviction, be sentenced to pay a
fine not less than $250 and not more than $1,000 for each offense. All persons who are caught
littering shall be required to remove the litter that they caused or shall be liable for the costs of
removing that litter. Each day of violation shall constitute a separate offense.
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SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored.
In printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECT[ON 5. 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 6. This ordinance shall take effect upon its approval by the Mayor.
Introduced By:
Counci ember, County of Hawaii
Hawai `i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
F~tfiu~tJ:.E: Comm. 436