HomeMy WebLinkAboutBIL 300 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: November 15, 2006 - Council Meeting (491h Session)
Action:
Filed Bill 300 and PSPRC-30 — 11/15/06
Public Hearings Held — 8/21/06 & 9/20/06
Postponed — 7/19/06
PSPRC Report 30 transmitted the above bill for "approval."
Re: BILL 300/C-936/PSPRC-30
OFFICE OF THE COUNTY CLERK
County of Hai vai `i
Hilo , Hawai`i
Introduced By: Bob Jacobson
Date Introduced: July 19, 2006
First Reading: July 19, 2006
Published: N/A
REMARKS: 7/19/2006 - Postponed
Public Hearings: Hilo -August 21_, 2006
Kona -September 20, 2006
11/15/06: Bill 300 filed due to lack
of aye votes as indicated.
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
x
Higa
x
Hoffmann
x
Holschuh
x
Ikeda
x
Isbell
x
Jacobson
x
Pilago
x
S afarik
x
4
5
0
0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
Higa
Hoffinann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
S afarik
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
CO UNCIL CHAIRPERSON
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date
Approved/Disapproved this
of , 20
MAYOR, COUNTY OF HAWAII
Bill No.:
day Reference:
Ord No.:
300
C-936/PSPRC-30
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 300
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), AS AMENDED, GENERAL WELFARE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to amend Chapter 14, General Welfare, by
further restricting the places where alcoholic beverages can be consumed in County parks and
recreation facilities. This measure also further restricts the public areas and hours where alcohol
consumption is allowed by permit.
SECTION 2. Sections 14-1, 14-2, 14-2.1 and 14-2.2, Hawai'i County Code 1983 (2005
Edition, as amended), are repealed.
SECTION 3. Article 1, Chapter 14, Hawaii County Code 1983 (2005 Edition, as amended),
is further amended by adding two new sections to be appropriately designated and to read as
follows:
"Section 14-_ Intoxicating liquor prohibited in certain public places.
No person shall drink, offer to drink, possess or display in public view in the following
public areas or buildings located thereon, any bottle, can or other receptacle containing any
intoxicating liquor, as defined in section 281-1, Hawaii Revised Statutes, which has been
opened, or has a seal broken, or the contents of which have been partially removed:
(1) Public highways and public rights-of-way, public sidewalks, public breakwaters and
public seawalls;
(2) Public school grounds and buildings;
(3) Public areas or buildings contiguous to all public school grounds and buildings,
except as provided herein; or
(4) Public parks and all county parks and recreation facilities, including beach parks,
except facilities enumerated in section 14-_
Section 14 -_Areas requiring permits for intoxicating liquor; hours.
Permits shall allow drinking of intoxicating liquors only in the following areas and only
between the hours of 12:00 p.m. and 10:00 p.m.
(1) Hilo/Hamakua
(A) Aunty Sally Kaleohano's Luau Hale
(B) Butler Buildings at Ho`olulu Complex
(C) East Hawaii Cultural Center
(D) Hilo Pomaika`i Senior Center
(E) Kula`imano Community Center at Kula`imano Park
(F) Kamana Senior Center
(G) Laupahoehoe Senior Center
(H) Pa`auilo Community Center at Pa`auilo Park
(I) Papa`aloa Annex at Papa`aloa Park
(J) Papa`ikou Community Center at Frank M. Santos Park
(K) Waikaumalo Park
(L) Wainaku Annex at Wainaku Gym
(2)
Ka`u
(A)
Na`alehu Club House at Na`alehu Park
(B)
Pahala Community Center
(3)
Kohala
(A)
Hisaoka Gym at Kamehameha Park
(B)
North Kohala Senior Center
(C)
Lily Yoshimatsu Senior Center
(D)
Waimea Community Center at Waimea Park
(4)
Kona
(A)
Hale Halawai
(B)
Kona Imin Center
(C)
Sgt. Rodney J.T. Yano Memorial Hall
(5)
Puna
(A)
Cooper Center at Volcano Park
(B)
Kea`au Community Center
(C)
Pahoa Neighborhood Facility"
SECTION 4. Section 14-6, Hawaii County Code 1983 (2005 Edition, as amended), is
amended to read as follows:
"Section 14-6. Penalty.
Any person violating any provision of this article or any condition set forth in a permit issued
under this article shall, upon conviction, be punished by [a fine of net fne .e than $500.]:
(1) A fine of not less than $75 nor more than $1,000; or
(2) Imprisonment for no more than thirty days; or
(3) Both (1) and (2) above."
SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing
this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 6. 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.
Hawai' i
Date of Introduction: July 19, 2006
Date of 1 st Reading: July 19, 2006
Date of 2nd Reading:
Effective Date:
h, rcLRkNCE; Comm;
INTRODUCED BY:
COUNCI MBER, COUNTY OF HAWAII
3