HomeMy WebLinkAboutCOM 0915.003 2006-2008
Emily L Naeole
Council Member
Mailing Address:''r , „ t+~• Business Address:
• or w~ 333 Kilauea Avenue, Second Floor
(Former County Building)
25 Aupuni Street Ben Franklin Building
Hilo, Hawaii 96720 Hilo, Hawaii 96720
Hawai `i County Council
County of Hawai `i
ti
Telephone: (808) 961-8267 Facsimile. (808) 961-8912
i.) w
cm
MEMORANDUM r ( }
ca
To: Pete Hoffmann, Chair 3
And Members of the County Council W
crr
From: Emily I. Naeole Lre no
Council Member
Date: February 19, 2008
Subject: Proposed Amendment to Bill 218, Draft 2
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
Attached is a proposed amendment to Draft 2 of Bill 218. This amendment would correct
formatting errors in the bill. My proposed changes to Draft 2 of Bill 218, are ramseyered and
shown in bold font as follows:
"SECTION [211. Chapter 14, article 13, [seetiee] sections 14-74 and 14-75,
Hawaii County Code 1983 (2005 Edition, as amended), [is] are amended [by
amending] to read as follows:
Section 14-74. Definitions.
(a) As used in this article, unless otherwise specified:
[(I)] "Aggressive manner" means:
[(A)] JL 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;
[(B)l (2) Continuing to solicit from a person after the person has
given a negative response to such soliciting;
Comm. No. J ?
Ref. To:
Ref. Date FEB 2 200
Hawaii County is an Equal Opportunity Provider and Employer
[(C~] (3) Intentionally or knowingly touching or causing physical
contact with another person without that person's consent
in the course of soliciting;
[(D)] (4) 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)] JQ Using violent or threatening gestures toward a person
solicited;
[(F)] (6 Following the person being solicited, with the intent of
asking that person for money or other things of value;
F(G) Spe„L:.,e in a volume u nably loud tinder- the
"Aetas es A person shall be eonsidered to be speaking
«at..re and purpose of the person's s ..duet and tha
....a4a..ees L...,..,% to the person, «eluding the nature of
the laeatien and the tifne of the da~or night, the person's
«,7..et olyes n gross deviation from the stands d of
«A..et that a law abiding eit:ae« . uld fellow in the qam
siW lionJ or if the person fails to heed the adnia«a:en of
••"Yease«ably loud and that they should reduee the yel..me
of theirs eeh• or]
X017
[(14)] [(G)] (7) 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.
LLF(4) "Dewate-A% u:lo a e :al area" means the afen of u:lR ho'lndk-a by
the fell...,.ing. the R/n fluki, B:..er on the west; Hale Bay an the «efth.
twenty feet eas4 efthe easter« mast houndar-y of De«ahaWai Street (this
~eundaf:y shall "lso ^o«t'«..e in «ertherly direetie« from the « «t
twen4y feet east of the De«aha.yai Street and Kaffiehameha Avenue
s Ya.«eh ehn Avenue Aaratigh Bay f ent Dafk and
«terseetion, a a
the llawai'i Belt Dead to Hale Bay) on the east; and twenty feet setA
of the southern most boundar, of Kapi .lani and V a:..la«: Streets o
the set th (including the «eAie« of Alaie«..e«..e A , e«..e h:eh a
ontiguous to Kapiola": and Vaiula«: Streets\.]
[(3)] [(4)] "Financial institution" means any Hawaii financial institution as
defined in chapter 412, [14awai`-1] Hawaii Revised Statutes.
2
[(6)] [(5)] "Intentionally" shall be as defined in section 702-206, Hawaii
Revised Statutes.
[(7)] [(6)] "Knowingly" shall be as defined in section 702-206, Hawaii
Revised Statutes.
[(8)] [(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.
[(1-0)] [(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
3
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 the , event, .m Hile , ial area.] In a public place
islandwide.
SECTION [312. 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.
SECTION [412. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance, is held invalid, such invalidity does 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 [514. This ordinance shall take effect upon its approval."
A version of the bill that incorporates the proposed amendment is attached. In this attachment,
proposed changes to the existing language of the Hawaii County Code are ramseyered.
EIN/]c
Att.
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 1. Chapter 14, article 13, sections 14-74 and 14-75, Hawaii County
Code 1983 (2005 Edition, as amended), are amended to read as follows:
"Section 14-74. Definitions.
(a) As used in this article, unless otherwise specified:
[(4-)] "Aggressive manner" means:
[(A~] (1) 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;
[(44)] (2) Continuing to solicit from a person after the person has
given a negative response to such soliciting;
[(C-)] (3) Intentionally or knowingly touching or causing physical
contact with another person without that person's consent
in the course of soliciting;
[(D)] (4) 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-)] (5) Using violent or threatening gestures toward a person
solicited;
[(F-)] (6) Following the person being solicited, with the intent of
asking that person for money or other things of value;
RG) Speaking in a .eltime . nably leed tinder the
oireumqtanees-k persen ..hall be a sidered to be speaking
eire-PAStanees 1.....wn to the person nelu ing the «nt••«e 0
night, the Isontion and the tifne of the day E)r-
the persen's
«,1..,.t i .olyes n gross deviation f«em thes4andard e
nendtiet that a la.., abiding eitizen would f Ilew in the saNie
situationr or if the person f ils to heed the admonition of
pel:ee offleer that they n end.:«e in lame wh:eh
anf:easanahl., leed and that the., should «eduee the veltime
]
of the:« speeeh; or]
p1
I
[(H4] (7) 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.
[/n\ "rm,...,...4ewn Hile e •el e ee„ m ° the Area of Hile heendea by
the f llewing! the \IL.a.iku River e« the west; Hale Bay on the ` orth;
twenty fee4 eas4 of 4he eastern most boundary of D'.....1.....,,,: Stfeet (this-
boundary shall also ee«4:...ue in aF4herly difeetione ffem the point
twenty f e4 eas4 .)C the D,....,1.,,.....: Street e«.] V,.mer......eha A..e«..e
«tefseetie«e aeross V,.me6..me6.. A. „ e thfoug Bayf.ent De«L an
the II. yai': Dell Dead to Hilo Bay) on the east; and iweniy feet south
the .....,th /:«el..,l:«e the «e.+: of Rle:,,«..e«..e A.,e«.,e
[(3)] "Financial institution" means any Hawaii financial institution as
defined in chapter 412, [i`I] Hawai`i Revised Statutes.
[(6)] "Intentionally" shall be as defined in section 702-206, Hawaii
Revised Statutes.
[(24] "Knowingly" shall be as defined in section 702-206, Hawaii Revised
Statutes.
[(84] "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.
[(94] "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.
[(49)] "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.
3
(b) Designated areas.
(1) [Within the ,,,.wn`ovffl Wile earArAereial area.] In a public place
islandwide."
SECTION 2. 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.
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does 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 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII