HomeMy WebLinkAboutORD 2008-082 2006-2008
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 261
ORDINANCE NO. 08 82
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 [shaft] may, by ordinance., provide for the punishment of
violations of any provisions of this charter., [aii ma., pFev de f r
ptmislh,nent of ] of ordinances, or of rules and regulations, [btA
ne] 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. [D sue ease] 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 Material to be repealed is bracketed and stricken.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 in the 2008 general election.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona, Hawaii
Date of Introduction: March 25, 2008
Date of Ist Reading: March 25, 2008
Date of 2nd Reading: April 9, 2008
Date of 3rd Reading: April 22, 2008
Effective Date: Upon its approval by a majority of the voters in
the 2008 General Election.
REFERENCE: Comm: 1068
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: L C VOTE
Date Introduced: 200 %B N I A Ws ES ABS EX
First Reading: Ford t !
Published: Higa L 't c
Hoffmann
REMARKS: Ikeda
Jacobson
Naeole
Pilago
Yagong
Yos ' oto
Third Reading: April 22, 2008
To Mayor: June 6, 2008 ROLL CALL VOTE
Returned: June 13, 2008 AYES NOES ABS EX
Effective: See Section 6 Ford X
Published: June 20, 2008 Higa X
Hoffinann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto x
9 0 0 0
I JO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AN LEGALITY:
DEPUTY CORPORATION COUNSEL +
COUNTY OF HAWAII
JUN - 9 2008 CO UtTSER
Date
Bill No.: 263
~ Reference: C-1068/PWIRC-64
&:pr:o,edlDisapproved this 3 day
Ord No.: VcS R2
Of J wn~ ,zo e ~
M OR, CO OF HA WAI `I