HomeMy WebLinkAboutCOM 0915.001 2006-2008
V Emily I. Naeole * OF
Council Member `F
Mailing Address.' •':i~ Business Address:
(Former County Building) h w 333 Krlauea Avenue, Second Floor
25 Aupura Street Ben Franklin Building
Hilo, Hawat'i 96720 Hilo, Hawai'i 96710
Hawai `i County Council o
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County of Hawai `i
Telephone: (808) 961-8267 Facsimile: (808) 961-8912 G 0 r""
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MEMORANDUM =D
To: Pete Hoffmann, Chair
And Members of the County Council ~c
From: Emily I. Naeole 4r
Council Member
Date: January 28, 2008
Subject: Proposed Amendments To Bill 218, Relating to Soliciting For Money Or
Objects of Value
This is to submit proposed amendments to Bill 218, an ordinance amending chapter 14,
article 13 of the Hawaii County Code, 1983 (2005 Edition, As Amended), relating to a
ban on "aggressive panhandling," as discussed at the Human Services and Economic
Development Committee meeting of January 23, 2008. Please note the following
changes:
"AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 13 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATED TO A BAN
ON SOLICITING FOR MONEY OR OBJECTS OF VALUE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 2. Chapter 14, article 13, section 14-74 and 14-75, Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending as follows:
Section 14-74. Definitions.
(a) As used in this article, unless otherwise specified:
(1) "Aggressive manner" means:
(A) Approaching or speaking to a person, or following a person
before, during or after soliciting if that conduct is intended or is
likely to cause a reasonable person to fear bodily harm to oneself
or to another, or damage to or loss of property or otherwise be
intimidated into giving money or other thing of value;
Comm. No. rs•
Ref. To: t<ma
Hawaii County is an Equal Opportunity Provider and Employer Ref. Dote JAN 2 8 20118
(B) Continuing to solicit from a person after the person has given a
negative response to such soliciting;
(C) Intentionally or knowingly touching or causing physical
contact with another person without that person's consent in the
course of soliciting;
(D) Intentionally or knowingly blocking or interfering with the
safe or free passage of a pedestrian or vehicle by any means,
including unreasonably causing a pedestrian or vehicle operator to
stop or to take evasive action to avoid physical contact;
(E) Using violent or threatening gestures toward a person solicited;
(F) Following the person being solicited, with the intent of asking
that person for money or other things of value;
001.......e- ..d.: el. ; nabl.. 1....Ae 4 eensde.-inn the «,d...e a«A
night, 04e Person, ifieluding the F.ItaFe of t4e leeagen &,+d the tifRe of the
day Or-
the person's eendeet invelves a gross deviation 40M
the ..4'." jaf-d '.F'.'.." oet that a law abiding eiti..e.....,ould follow in
t-1464 qArAA 4:41-•^4:^^e or :Ftl..e person f :ls to heed the ad.. snit:,... "Fa
..1:"64 a ffieer that 4 ey a speaking in .,.1,.«.,....6:,.1.
their speeaeh
{(f I}} (G) Soliciting money from anyone who is waiting in line for
entry to a building or who is waiting in line for any other purpose.
(2) "Automated teller machine" means a device, linked to a financial
institution's account records, which is able to carry out transactions,
including, but not limited to: account transfers, deposits, cash withdrawals,
balance inquiries, and mortgage and loan payments.
(3) "Automated teller machine facility" means the area comprised of one
or more automatic teller machines, and any adjacent space which is made
available to banking customers after regular banking hours.
r(A\ <°rl. ,A%taym Milo a :al a ;:@s" m 4 the a e f Mile 1".... ded
by the f Il'... iag. the II7a:1..1... River ao the west; 14ile Bay en the „e14h.
e e
tw@a4y fee; east of the easte . Hiest 1.oundnw 4 D..r.nl.awai Street (this-
1...undary shall .,1..........4:nue in ai4herl. dir-eetion ffaa4 the point
twer.t), vet eaq of the Pe al.a.....: S#eet a...,1 Kam el...... e1.a A..e....e
lla.. ai'i Belt Rea.i> to 1449 Bay) en the easte . and twenty feet south of toe
(iaeludiag the pe"tion e f Wa:anueni e A yeaoe iieh :....,...4:guees to
{(5)} (4) "Financial institution" means any Hawai `i financial institution as
defined in chapter 412, Hawai`I Revised Statutes.
{(W (5) "Intentionally" shall be as defined in section 702-206, Hawaii
Revised Statutes.
Hawaii County is an Equal Opportunity Provider and Employer
(6) "Knowingly" shall be as defined in section 702-206, Hawaii
Revised Statutes.
(7) "Public place" means a place to which the public or a substantial
group of persons has access including, but not limited to, any street,
highway, sidewalk, parking lot, plaza, transportation facility, school, place
of amusement, park, or playground.
{(9* (8) "Restaurant" means any retail eating establishment where meals
or food are served or provided for on-site consumption by seated patrons
that is licensed by the department of health to operate as a food service
establishment.
{(14)}} (9) "Soliciting" means asking for money or objects of value, with
the intention that the money or object be transferred at that time, and at
that place. Soliciting shall include using the spoken, written, or printed
word, bodily gestures, signs, or other means with the purpose of obtaining
an immediate donation of money or other thing of value or soliciting the
sale of goods or services.
Section 14-75. Prohibited acts.
(a) The following acts are prohibited within the areas described in
subsection (b) of this section.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit while under the influence of alcohol or a
controlled substance.
(3) No person shall solicit by stating that funds are needed to meet a
specific need, when the solicitor has the funds to meet that need, does not
intend to use funds to meet that need, or does not have that need.
(4) No person shall solicit on private or residential property without
permission from the owner or other person lawfully in possession of such
property.
(5) No person shall solicit within twenty feet of public toilets.
(6) No person shall solicit within twenty feet of any entrance or exit of any
financial institution or within twenty feet of any automated teller machine
without the consent of the owner of the property or another person legally
in possession of such facilities. Provided, however, that when an
automated teller machine is located within an automated teller machine
facility, such distance shall be measured from the entrance or exit of the
facility.
(7) No person shall solicit within twenty feet of any entrance or exit of any
restaurant without the consent of the owner of the property or another
person legally in possession of such facility.
(8) No person shall solicit within ten feet of any entrance or exit to a
building without the consent of the owner of the property or another
person legally in possession of such facility, with the exception of public
toilets, financial institutions, or restaurants from which soliciting shall be
prohibited within
twenty feet of the entrance or exit.
(9) No person shall solicit within ten feet of any pay telephone, provided
that when a pay telephone is located within a telephone booth or other
facility, such distance shall be measured from the entrance or exit of the
telephone booth or facility.
(10) No person shall solicit an operator or other occupant of a motor
vehicle while such vehicle is located on any street, for the purpose of
performing or offering to perform a service in connection with such
vehicle or otherwise soliciting the sale of goods or services. Provided,
however, that this paragraph shall not apply to services rendered in
connection with emergency repairs requested by the operator or passenger
of such vehicle.
(11) No person shall solicit in any public transportation vehicle; at any bus
station or stop; or in any public parking lot or public parking structure.
(12) No person shall solicit from any operator or occupant of a motor
vehicle on a public street in exchange for blocking, occupying, or
reserving a public parking space, or directing the operator or occupant to a
public parking space.
(b) Designated areas.
(1) [within toe dwA%t A% Hite , ial . , i in a public place
islandwide.
EIN/tce
Hawaii County is an Equal Opportunity Provider and Employer