HomeMy WebLinkAboutORD 1962-153~--`T .,. a~ .- r.
BILL NO. 171
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 153
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ORDINANCE REGULATING THE PLACING, LEAVING OR DEPOSITING OF
ANY GOODS, WARES OR MERCHANDISE ON SIDEWALKS IN THE CITY
LIMITS OF HI LO AND PROVIDING FOR PUNISHMENT IN VIOLATION
THEREOF.
BE IT ORDAINED BY THE HOARD OF SUPERVISORS OF THE COUNTY
OF HAWAII:
SECTION 1. No person shall place, leave or deposit for
the purpose of displaying, vending, hawking, selling or
soliciting any goods, wares or merchandise on any sidewalk
within the city limits of Hilo without fir=_.t obtaining the
permission in writing from the Board of Supervisors of the
County of Hawaii in the manner as hereafter provided.
SECTION 2. Classification of permits. There shall be
two (2) classes of permit:>;
(a) Permits to place newspaper stand, news rack or
other similar publication dispensers on public sidewalk.
(b) Permits to place other goods, wares or merchandise
on public sidewalk.
SECTION 3. Permits for newsstand or news rack. A
permit to place,
or other similar
the Board of Sup
writing from the
of any newspaper
of the following
leave or deposit any newsstand, news rack
publication dispensers shall be given by
zrvisors in writing upon application in
publisher, editor, distributor or seller
or other similar publications upon receipt
statements:
(a) A statement designating sidewalk area desired
to be occupied.
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(b) A statement that the newsstand, neras rack or
other similar publication dispensers do not occupy one-fifth
(1/j) of the width of the sidewalk and over three (j) feet
high.
(c) A statement that such materials on public sidewalk
shall not unreasonably impede pedestrian use of sidewalk nor
endanger the public use of sidewalk area.
(d) A statement that the abutting property owners or
occupiers consent to the use of the sidewalk area for the
purpose desired.
Upon completion of all the above requirements, the
Board shall grant a permit to place newsstand, news rack or
other similar publication dispensers on the sidewalk area
desired for a period not to exceed one year.
SECTION LE. Permits to place other properties on
si deuralk.
(a) Prior to the application for a permit, the applicant
shall obtain the consent and approval in variting of either
the owner or owners or lessee or lessees of the land directly
abutting the sidewalk area desired to be used for any of the
purposes described in Section 1.
(b) The applicant shall thereafter forward these consents,
together with an application for a permit, to the Board of
Supervisors consisting of the nature of his business, the types
of properties or services to be placed on sidewa ll:, the
description of the sidewal}: area desired to be used, and the
dates and the length of time desired.
(c) Before considering the granting of said permit.,
the Board shall first ascertain that all of the requirements
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in subparagraphs (a) and (b) above have been fully completed.
(d) The Board of Supervisors thereafter shall ascertain
whether such use of the sidewalk shall unreasonably impede
the pedestrian flow in the area desired or endanger the
public in any way.
(e) Upon the finding that the use will not unreasonably
endanger the public use of the sidewalk or unreasonably
impede pedestrian traffic, the Board shall grant a permit to
the applicant for a specified period, not to exceed seven
(7) days, to use a specified sidewalk area for the purposes
applied, with a provision that such properties or services
would not cover more than two-thirds (2~3) of the width of
the sidewalk and not piled up to a greater height than four
(~-) feet.
SECTION 5. The granting of a permit does not dispense
with the necessity to comply with any law, ordinance, rule
or regulation which a permittee may also be subject.
SECTION 6. Any person violating any provision of this
ordinance shall be punished by a fine of not. more than Fifty
Dollars ($50.00).
SECTION 7. This ordinance shall take Effect upon its
approval.
INTRODUCED BY;
-{ ~ ~ -
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--supervisor, 1st J Senatorial
District
Date of Introduction:
June 6, 1962
Hilo, Hawaii
ADOPTED: June 20, 1962
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``''' _ _ _- --..,JUN 2 "! '1962
BILL fdG. 171
CCuNTY OF iit~~JJ1Il - STATE C"r' F-IA'ruF.II
Ot2DINANCE N0~
ORDIiJANCE REGULATING TIE SELLING, i:A!Ak1:NG, VENDING (iii DISF}.`iYl^JG
ENU6iEFJ-TED PRCPEItTIE; Oi SE.:VICES ON SIDE`u~fiLKS +'dII'i+.IN IfE CITY
LIN:ITS OP HILC, AND FRUFIDInG F'CR FUNISIIMENTS IN VIOLATION TI~~RECF.
~BE IT CkDAINED BY T:E BCAr<D Cir SUFEl~'VISORS IN LAND FCl{ T'IIE C;CUNTY
OF A'+JAII:
:~ECTICN 1.. Nc~ person .hall se7.1, hawk, vend or d_~splay
any goods, wares, merchandise, foodstuffs, refreshments or
other kinds of property or services on any sidewalk within the
city of Hilo, Taithont f~i.rst obtaining the E~ermission in writing
froiu t}~ie board of Supervisors of the County of Hawaii.
SECTION 2. (a) Frior to tite application for a permit, the
applicant shall obtain the consent and approval :i.n writing of
either the owner or owners c,r lessee or lessees of the land
directly abutting the sidewalk area desired t:o be used for any
of the purposes described in Section 1.
(b) The applicant shal]_ thereafter forward these consents,
together with an application For a permit, to the Board of
Supervi_scrs consisting of the nature of his business, the types
of properties or services desired to be sold, hawked, vended,
or displayed, the description of the sidewalk area desired to be
used, and the dates and the 1-ength of time desired.
(c) Before considering the granting of said permit, the
Board shall first ascertain that all of the requirements in
subparagraphs (a) and (h) above have been fully completed.
(d) 'Phe Board of Supervisors thereafter shall ascertain
whether such use of the sidewalk sha11 unreasor;ably impede the
pedestrian flaw in the area desired or endanger the public in
any way.
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(e) Upon the finding that the use will not unreasonably
endanger the public use of the sidewalk or unreasonably im~•ede
pedestrian traffic, the Board shall giant a permit to the
applicant for a specified pariod, not to exceed seven (7) days,
to use a specified sidewalk area for the purposes applied,
with a provision that such properties or services would not
cover more than. two-thirds (2/3) cf the width of the sidewalk
and not piled up toga greater height than four (4) feet.
SEC'1'ICN 3. Any person violating any provisions of this
ordinance shall be punished by a fire of not more than fi-fty
dollars ($50.00).
SECTION 4. !.'his ordinance shall take e:.`fect upon its
approval..
IN'T'RODUCED BY:
~r ~. j
~_ ervxsor,,," 1st Senatorial
~' District
DATE OFINTRODUCTION:
June 6 1962 _
hi o, Hawaii