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<br /> <br /> <br /> <br /> <br /> V OF N <br /> <br /> S" lays <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> <br /> <br /> BILL NO. 261 <br /> ORDINANCE NO. 08 82 <br /> <br /> <br /> AN ORDINANCE AMENDING ARTICLE XIII, GENERAL PROVISIONS, SECTION 13-11, <br /> PENALTIES, OF THE HAWAII COUNTY CHARTER (2000), RELATING TO THE <br /> CLARIFICATION OF LANGUAGE REGARDING CIVIL FINES AND INCREASING THE <br /> MAXIMUM MONETARY PENALTY FOR CRIMINAL FINES. <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> <br /> SECTION 1. Purpose. <br /> <br /> The purpose of this amendment is to increase allowable criminal fines from a maximum <br /> of one thousand to two thousand dollars and to clarify language regarding civil fines, either <br /> administratively or judicially imposed. The maximum criminal penalty was last increased in <br /> 1964, more than forty-four years ago. Passage of this amendment would permit criminal fines to <br /> be legislatively set at appropriate levels up to a maximum of two thousand dollars per incident or <br /> one year's imprisonment, or both. <br /> Section 46-1.5(24)(A), Hawaii Revised Statutes, provides that Hawaii County, <br /> may impose civil fines, in addition to criminal penalties, for any violation of county ordinances <br /> or rules after reasonable notice and requests to correct or cease the violation have been made <br /> upon the violator." This proposed change amends the section to clarify the County's authority in <br /> this regard. Administratively imposed civil fines can be an effective and timely means of <br /> enforcing the County's charter, laws, ordinances, regulations, and rules. Civil fines may also be <br /> used to initiate remedial action by the violator. <br /> <br /> SECTION 2. Article XIII, general provisions, section 13-11, penalties, Hawaii County <br /> Charter (2000), is amended to read as follows: <br /> "Section 13-11. Penalties. <br /> <br /> The council [shaft] may, by ordinance., provide for the punishment of <br /> violations of any provisions of this charter., [aii ma., pFev de f r <br /> ptmislh,nent of ] of ordinances, or of rules and regulations, [btA <br /> ne] by civil fines either administratively or judicially imposed, or <br /> criminal prosecution, or both. No criminal penalty shall exceed the <br /> amount of [one] two thousand dollars fine or one year's imprisonment, or <br /> both. [D sue ease] Criminal prosecution shall be as provided <br /> by law for the prosecution of misdemeanors." <br />