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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 124
ORDINANCE NO. x-21
AN ORDINANCE AMENDING CHAPTER 7 OF THE HA`WAI`I COUNTY CODE 1983
(2005 EDITION, AS AMENDED), CNIL DEFENSE, RELATING TO LOITERING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. Purpose. The purpose of this ordinance is to bring sections 7-9 and
7-10 of the Hawaii County Code into compliance with a recent Hawaii appellate court
case, State v. Keawemauhili, 2007 WL 1028343, which requires that a specific mans rea
element be stated for county ordinances where violations are punished as petty
misdemeanors or higher.
SECTION 2. Chapter 7, article 1, section 7-1 of the Hawaii County Code 1983 (2005
Edition, As Amended), is amended to read as follows:
Section 7-1. Purpose.
Because of the possibility of disasters or emergencies of great
destructiveness resulting from enemy attack, sabotage or other hostile action, or
from fire, flood, ['~a] tsunami, volcanic eruption, earthquake, or other
natural causes, and in order to insure that preparations of this County will be
adequate to deal with such disasters or emergencies, to make adequate provision
against shortages of food supplies and essential commodities, to maintain the
strength, resources and economic life of the community and provide for prompt
and effective action, to promote the national defense and civil defense in
cooperation with the State and Federal governments, and to protect the public
health, safety and welfare, this article is found and declared to be necessary.
SECTION 3. Chapter 7, article 2, section 7-5 of the Hawaii County Code 1983 (2005
Edition, As Amended), is amended to read as follows:
Section 7-5. Purpose.
Because of the possibility of disasters of great destructiveness resulting
from [tidal-waves) tsunami, volcanic eruptions, flood, earthquake, fire, or other
natural causes, or from enemy attack, sabotage or other hostile action, and in
order to insure the orderly evacuation of persons and property and to protect the
public peace, health, and safety, and preserve the lives and property of the people
of the County, it is necessary to regulate certain activities.
SECTION 4. Chapter 7, article 2, section 7-9 of the Hawaii County Code 1983 (2005
Edition, As Amended), is amended to read as follows:
Section 7-9. Loitering during [Fidel-wave] tsunami warning.
A person commits the offense of loitering during an emergency if during a
[tidal-wave] tsunami warning period, or during and immediately after a [tidal
suave] tsunami that person knowin¢Iy:
(1) Loiters, loafs, or idles upon any public highway, public place, sidewalk,
or beach, on foot or on any vehicle, in any coastal area, or area subject
to [Fidel-suave] tsunami action.
(2) Disobeys any direction or command of any police officer directing
traffic.
(3) Refuses or fails to leave any azea, public or private, upon order of a
police officer, which action impedes or tends to impede the effective
and orderly handling of an evacuation or a 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.
SECTION 5. Chapter 7, article 2, section 7-10 of the Hawaii County Code 1983 (2005
Edition, As Amended), 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 knowinely:
(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 azea.
(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 an
authorized person, which action impedes or tends to impede the
effective and orderly handling 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.
(4) Refuses or fails 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.
2
SECTION 6. 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 7. 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 aze declared to be severable.
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNC MBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 25, 2007
Date oflstReading: .Tiny 25, 2007
Date of 2nd Reading: August 22, 2007
Effective Date: September 11, 2007
i:c~ c ~^dCE: Comm: 507
3
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: J Yoshimoto ROLL CALL VOTE
Date Introduced: July 25, 2007 =1A`PSS ''~NOL5 A$S EX
First Reading: July 25, 2007 Ford X
Published: August 9, 2007 Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
Second Reading: August 22, 2007
li~Mayor: August 30, 2007
ROLL CALL VOTE
Returned: September 12, 2007 AYES NOES ABS EX
Effective: September 11, 2007 Ford X
Published: September 20, 2007
Higa X
Hoffmann X
RF,MARKS Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was add d b the Coun Council published as
indicated above.
APPROVED AS TO ~ ,
FORM AND LEGALITY:
C R A
DEPUT ORPORA ON COUNSEL r - ~ t~,.i:~-
CO Y OF HAWAII ~(C1K_c i
COUNTY C~RK
Date
129
Bill No.:
~ C-507/PSPRC-5
pprore Disapprovedlhis y~ day Reference: _
Ord No.: ~ 12g
q/ r~ , 20~.
. YOR, CO T ~OF HAWAI7