HomeMy WebLinkAboutCOM 1068.001 2006-2008
~"~4, Phone: (808) 326-5421
BRENDA J FORD
W;y Fax: (808) 329- 4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona
HAWAII COUNTY COUNCIL
County ofHawai `i
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Kai/ua Trade Center ty°
75-5706 Hanama Place, Suite 109 c•7
Kadua-Kona, Hawaii 96740
DATE: March 20, 2008
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TO: Pete Hoffmann, Chair cry
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member ~PW
RE: Proposed Amendment to Bill 263 (Relating to penalties)
Below for your consideration is a proposed amendment to Bill 263, a bill for an ordinance
amending article XIII, general provisions, section 13-11, penalties, of the Hawaii County
Charter (2000), relating to the clarification of language regarding civil fines and increasing the
maximum monetary penalty for criminal fines. This proposed amendment would add the phrase,
"voting on this legislation" into SECTION 6 of the bill. As amended, with the new language
bolded and underlined, this SECTION would read as follows:
"SECTION 6. The charter amendment proposed in this ordinance
shall take effect upon its approval by a majority of the voters voting on
this legislation in the 2008 general election."
A version of the bill that incorporates the proposed amendments is attached. In this attachment,
the new language is bolded for illustrative purposes.
BJF/lc
Comm No. 104 to
Ref. To: Preaoee ' /
Ref. Date
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AN ORDINANCE AMENDING ARTICLE XIII, GENERAL PROVISIONS, SECTION 13-11,
PENALTIES, OF THE HAWAII COUNTY CHARTER (2000), RELATING TO THE
CLARIFICATION OF LANGUAGE REGARDING CIVIL FINES AND INCREASING THE
MAXIMUM MONETARY PENALTY FOR CRIMINAL FINES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.
The purpose of this amendment is to increase allowable criminal fines from a maximum
of one thousand to two thousand dollars and to clarify language regarding civil fines, either
administratively or judicially imposed. The maximum criminal penalty was last increased in
1964, more than forty-four years ago. Passage of this amendment would permit criminal fines to
be legislatively set at appropriate levels up to a maximum of two thousand dollars per incident or
one year's imprisonment, or both.
Section 46-1.5(24)(A), Hawaii Revised Statutes, provides that Hawaii County,
may impose civil fines, in addition to criminal penalties, for any violation of county ordinances
or rules after reasonable notice and requests to correct or cease the violation have been made
upon the violator." This proposed change amends the section to clarify the County's authority in
this regard. Administratively imposed civil fines can be an effective and timely means of
enforcing the County's charter, laws, ordinances, regulations, and rules. Civil fines may also be
used to initiate remedial action by the violator.
SECTION 2. Article XIII, general provisions, section 13-11, penalties, Hawaii County
Charter (2000), is amended to read as follows:
"Section 13-11. Penalties.
The council [shall] may, by ordinance, provide for the punishment of
violations of any provisions of this charter, [and may provide a
punishmentof violafleng] of ordinances, or of rules and regulations, [bat
Fie] by civil fines, either administratively or judicially imposed, or
criminal prosecution, or both. No criminal penalty shall exceed the
amount of [one] two thousand dollars fine or one year's imprisonment, or
both. [Preseeu4ion in such e°°°] Criminal prosecution shall be as provided
by law for the prosecution of misdemeanors."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, bracketed and stricken material and underscoring need
not be included.
SECTION 4. 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 5. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
at the 2008 general election.
SECTION 6. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of the voters voting on this legislation in the 2008 general election.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
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