HomeMy WebLinkAboutORD 1945-140COUNTY OF HAWAII
TERRITORY OF HAWAII
Ordinance Ne. 140
AN ORDINANCE PROVIDING
FOR THE REGULATION AND
CONTROL OF MINORS EN-
GAGED IN STREET TRADES.
BE IT ORDAINED BY THE
PEOPLE OF THE COUNTY OF
HAWAII:
SECTION 1. PERMIT REQUIRED.
No minor shall offer for sale or
sell any goods, wares, merchan-
dise or services, or carry on any
street trade upon any street,
sidewalk, alley way, or public
place in the County of Hawaii
without first having obtained a
permit therefor from the
TREASURER of the County of
Hawaii. Such permit shall be is-
sued in accordance with the con-
ditions and provisions enumerated
in Section 3 hereof, and such per-
mits shall be subject to suspen-
sion or revocation for any viola-
tion of the provisions of this or-
dinance. The authority to ap-
prove, suspend or revoke shall be
vested in the CHIEF PROBATION
OFFICER of the Juvenile Court of
the Third Judicial Circuit and au-
thorized agents. Such permit shall
be in the form of a card encased in
a suitable container. The container
shall be so constructed that it will
embody a suitable pin for the at-
tachment of the container to the
outside of the holdePS clothing
where it will be in plain sight at
al] times while beiug worn.
The card so encased shall con-
tain the following information
and data: Name, age, and address
of the applicant type of street
trade to be engaged in, date of
issuance and date of expiration
of the permit; a serial number
and a small Yullface idexrtifica-
tion photograph of the applicant.
SECTION 2. FEE. A charge of one
dollar, ($1AO), shall be made by
the TREASURER of the County
of Hawaii against the applicant
at the time of the original is-
suance of the permit, and a charge
of fifty-cents, ($.50), for each and
every renewal of the permit.
In the event that the permit shall
become lost, a duplicate shall is-
sue upon satisfactory proof of
such loss to the TREASURER of
the County of Hawaii. There
shall be a charge of fifty-cents,
($.50), made against the appli-
cant for the issuance of a dupli-
cate permit. The applicant shall
not re-engage in any street trade
subsequent to the loss of his per-
mit without first having obtained
a duplicate permit as herein pro-
vided.
SECTION 3.
CONDITIONS OF ISSUANCE:
A. No boy who has not attained the
age of twelve years and no girl
who has not attained the age of
sixteen yeazs shall engage in any
street trade and no permit shall
issue to such persons.
B. Permits to engage in street
trades shall not be issued to any
minor under the age of eighteen
years except upon the personal
application to the CHIEF PROBA-
TION OFFICER, or an authorized
agent, on such minor's behalf, by
the parent, guardian, or other per-
son having the legal custody of
the minor desiring to obtain a per-
mit to engage in a street trade.
Should the CHIEF PROBATION
OFFICER, or an authorized agent
approve the issuance of a permit,
so petitioned by the parent or
guardian or other person having
Lhe legal custody of the minor, she
shall notify the TREASURER of
the County of Hawaii of such ap-
proval, and shall authorize him,
in writing, to issue a permit to
the applicant.
C. No permit shall issue to any
minor under the age of sixteen
years, where the mhxor is in at-
tendance at a school or institu-
tion of learning, unless such re-
quest be accompanied by a writ-
ten recommendation to the CHIEF
PROBA'ION OFFICER, or an au-
thcrized agent, from the principal
of the school or institution of
learning being attended by the
minor at the time of the applica-
tion, that such a permit be issued.
It shall be encumbent upon the
CHIEF PROBATION OFFICER,
or an authorized agent, to give due
cansideraticn to any request, made
in writing, by the principal of the
school or institution of learning
beiug attended by Lhe holder of
the permit, that such permit be
suspended, or revoked, if in the
judgment of the principal of such
school or institution of ]earning,
the aciivities of the street trade
engaged in by the minor aze de-
trimental to the educational
growth of such minor.
D. The holder of the permit shall
wear the permit in plain sight
upon the upper part of his cloth-
ing at all times while actually
engaged in a street trade and
shall offer said permit for inspec-
tion at any time when requested
to do so by any person having a
legal right to demand such in-
spection.
E. Al] permits shall be valid for one
year from the date of issuance
unless revoked for cause prior to
the date of expiration. Permit
must he renewed by the holder
should he desire to continue in a
street trade.
F. A minor who has had his per-
mit revoked for cause, shall not
be eligible to re-apply for an-
other permit to engage in a street
trade for a period of six months
from the date of revocation.
G. All permits shall be nontrans-
ferable. Any minor holding a valid
perxnit who shall permit another
to use his permit, shall have his
permit revoked forthwith.
SECTION 4.
CONDITIONS OF OPERATION:
A. No minor shall be permitted to
engage in any street trade before
the hour of seven A/M, or after
the hour of six P/M on any day.
No minor shall be permitted to
engage in any street trade on any
Sunday.
B. No minor engaged in a street
trade shall ply his trade within
twenty-five feet of the entrance
to any liquor dispensing estab-
lishment, pool hall, billiard parlor,
or any other place generally con-
sidered unfit for minors.
C. No minor engaged in street trades
shall in any way molest any pass-
ers-by or pedestrian within the
sidewalk area, or obetruct, disturb,
ar wilfully touch, push, jostle, hold
ar annoy any customer or prospec-
tive customer, or deface any win-
dow, sidewalk, wall, sign, or any
other public or private property.
SECTION 5.
RECORDS OF PERMITS:
A. It shall be the duty of the
TREASURER of the County of
Hawaii, and the CHIEF PROBA-
TION OFFICER, or an authorized
agent, to keep a record of all per-
mits issued, authorized, etc., giv-
ing the name of the holder, his
address, age, sex type of street
trade engaged in, date of issuance,
date of expiration. They shall also
keep a reoord of all permits re-
voked or suspended along with the
reasons for such action, and the
date of the action. It shall he the
duty of the CHIEF PROBATION
OFFICER, or an authorized agent,
to report immediately £o the
TREASURER of the County of
Hawaii, all permits suspended or
revoked, and the reasons for such
action.
SECTION 6.
PENALTY":
A. Any minor who shall engage in
any street trade without Pirst hav_
ing obtained a permit to do so as
herein provided, or who having
obtained a permit shall violate
any of the provisions of this or-
dinance. shall be deemed to have
committed a violation of a Coun-
ty ordinance within the meaning
of Section 123'21 of R.L.H., 1945..
SECTION 7.
THIS ORDINANCF. SHALh TAKE
EFFECT DECEMBER 15, 1945.
Introduced by:
(SGND) JAMES KEALOHA
Supervisor, 1st Representative
District
DATE OF INTRODUCTION:
September 5, 1945
Hilo, Hawaii
TERRITORY OF HAWAII) SS
COUNTY OF HAWAII )
I HEREBY CERTIFY that the
foregoing Ordinance was regularly
considered at a meeting of the Board
of Supervisors of the County of Ha-
waii held at the County Seat upon
the 20th day of November, A. D. 1945,
and upon being put to vote said Or-
dinance was adopted by a unanimous
vcte of the Supervisors at said meet-
ing.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed
the seal of the County of Hawaii
upon this 20th day of November, A.
D. 1945.
(SEAL)
(SGD.) EDWIN M. DESHA
1st Dep. County Clerk of
the County of Hawaii