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Home My WebLink AboutORD 2008-056 2006-2008 yy„tv,as R': COUNTY OF HAWAII STATE OF HAWAII h~0l~M~•' BILL NO. zz4 ORDINANCE NO. ~8 S6 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, SECTION 14-21 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROHIBITION OF SMOHING IN CERTAIN PLACES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, article 4, section 14-21, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-21. Prohibition of smoking in certain places. (a) Except as otherwise provided in this article, smoking shall be prohibited in al] enclosed places within the County, including but not limited to, the following places: (1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and private health caze facilities, including, but not limited to, hospitals, clinics, and physicians' and dentists' offices. (2) Restaurants and bowling alleys, except as outlined in sections 14-21(a)(2)(A) and 14-21(a)(2)(B) below. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment. (A) Through August 31, 2004, smoking shall be permitted in a separate bar azea of a restaurant when the business operating the restaurant refrains from designating the area as nonsmoking. A "separate bar azea of a restaurant" means an indoor azea of a restaurant that is in compliance with all of the following: (i) The azea is devoted primarily to the serving of alcoholic beverages for consumption by patrons in the azea. (ii) On a monthly basis, the gross sales of food to patrons for consumption in the area are less than one-third of the gross sales of alcoholic beverages to patrons for consumption in the azea. (B) Beginning September 1, 2004, a restaurant may continue to operate a separate baz area, as defined above, provided that: (i) There is a physical separation (consisting of solid walls with no door or window opening into the restaurant area) between the sepazate bar azea and restaurant; THIS WILL Vlal?ZFY THAT TWO-THIRDS OF THE MII~ERSHIP OF THE HAWAII Q:1[J NCIL VOTED ~RRIDE MAYOR'S N BILL 224. (ii) The entrance into the bar area is totally separate and at least fifreen feet from the entrance into the restaurant; and (iii) The restaurant and separate bar area have separate ventilation systems. (3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except for residential dwelling units which shall be regulated herein as multifamily dwellings. (4) Except as provided in section 14-22, all business and not-for-profit establishments, including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. This also includes common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms. (5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to, lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas. (6) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers, including but not limited to, common entrance areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings. (7) In the event a building is both a multifamily dwelling and a commercial building, as defined in this article, all common use areas except for private residences. (8) All enclosed or partially enclosed areas within hotels that are open to the common use of the public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies, elevators, hallways, corridors, stairways, waiting azeas, recreation areas, banquet halls, banquet rooms, and ballrooms. (9) In the event a building is both a commercial building and a hotel, all common use areas except for hotel rooms rented to guests and designated as smoking rooms. (10) All vehicles owned or leased by the County. (11) Taxicabs. (12) Private residences, during hours of operation, when used as a licensed child care, adult day care or health care facility, except in residences where the care facility is physically detached from the residence or is separated from the owner's azea. (13) Smoking is prohibited,pursuant to HRS 3287-6, within a presumptively reasonable minimum distance [€rerH] of twenty feet from any entrance to, exit from, or any fresh air intake of any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means. 2 (14) Areas within private residences, during hours of operation, that are used for the care of patients or clients in licensed residential care homes, except in residences where the care facility is physically detached from the residence or is completely separated by a solid wall with no other openings except closable doors or windows, which shall remain closed during hours of operation from the owner's area where clients or patients are not allowed. (b) Except as otherwise provided in this article, smoking of cigarettes or tobacco products, or use of any tobacco products shall be prohibited at all County parks and recreational facilities listed in section 15-68.1 a~ SECTION 2. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the 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 3. 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCI MBER, COUNTY OF HAWAII xona , Hawaii Date of Introduction: February 21, 2008 Date of 1st Reading: February 21, 2008 Date of 2nd Reading: March 12, 2008 Effective Date: April 22, 2008 REI=ERENC~: Comm. 942 3 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced Py: ROLL CALL VOTE Date Introduced: AYES NOES ABS X First Reading: Ford Published: Higa Hoffmann REMARKS' Ikeda Jacobson Naeole Pilago Yagong Yosh' oto co,,~,, oo.dH April 22, 2008 To Mayor: N /A ROLL CALL VOTE Returned: April 7, 2008 AYES NOES ABS EX Effective: April 22, 2008 Ford X Published: May 2, 2008 Higa X Hoffmann X RE19.4Rk"S. _ Ikeda X Reconsider ed: April 22, 2008 Jacobson X Naeole X _ Pilago X Yagong X Yoshimoto X 7 2 0 0 I DO HEREB }'CERTIFY that the foregoing BILL was adopted by the County C ncil publish indicated ubore ~ rJ'~~ APPROVED AS TO FORM AND LEGALITY: COUNCIL 9lRMAN DEPUTY CORPORATION COUNSEL J COUNTY OF HAWAII ` CL COUNTY E K Date 224 Bill No.: C-942/PSPRC-14 Reference: Approred'Drsu/proved this daJ' ~ p Ord No.: O of , 20 MAYOR, COUNTFOFHAWAI'I OFFICE OF THE COUNTY CLERK County of Hawaii Kona. Hawaii Introduced By: J Yoshimoto RO ~ CALL VOTE Date Introduced: February 21 2008 ~Q a ~~~5 I~S 3 ~S EX First Reading: February 21, 2008 Ford X Published: March 1, 2008 Higa " ; X' Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 Second Reading: March 12, 2008 To Mayor: March 20, 2008 ROLL CALL VOTE Returned: April 7 2008 AYES NOES ABS EX Effective: April 22, 2008 Ford X Published: N/A Higa X Hoffmann X REMARKS: Ikeda X Mayor veto: April 7, 2008 Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 2 0 0 l DO HEREBY CERTIFY that the foregoing BILL was adopted b the Co snty Council published as indicated above. _ ~ APPROVED AS TO ,i FORM AND LEGALITY: PUTY CO P RATI COUNSEL ~r COUNTY OF HAWAII ~ l~l'`~-e,~~ ~ v? COUN~'YCL RK Date ~ 224 Bill No.: ~ C-942/PSPRC -14 Approve isapprove this ~ day Reference: ~ i 0 0 $ Ord No. of f ~ti - W~" YO$ CO Y OF H,4 WAI `I Ordinance No. 08-56 (Bi11224) An Ordinance Amending Chapter 14, Article 4, Section 14-21 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Prohibition of Smoking in Certain Places. Date Approved: April 22, 2008 Date Effective: April 22, 2008 Copies of the forgoing ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. 1 hereby certify that Ordinance Bill 224 passed upon reconsideration after veto, pursuant to Section 3-12, County Charter, County of Hawaii, at the meeting of the County Council on April 22, 2008, by the following "aye" and "no" vote: AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7. NOES: Council Members Higa and Yagong - 2. Co~ler~c County of Hawai `i (Hawai'iTribone-Herald/West Hawaii Today: May 2, 2008)