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HomeMy WebLinkAboutORD 1964-263BILL N0. 281 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 263 AN ORDINANCE RELATING TO CONTROL AND EVACUATION DURING Pdf~tTIAL DISAS7.'ERS AND IN DISASTER AREAS AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED DY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY OF HAWAII: SECTION 1. Policy and. purpose: Because of the possibility of disasters of great destructiveness resulting from tidal waves, volcanic eruptions, i.'lood, earth- quake, fire, or other natural causes, or from enemy attack, sabotage or other hos- the action, and in order to insure the orderly evacuation of persons and property and to protect the public peace, health, and safety, and preserve the 'lives and property of the people of the County of Hawaii, it is hereby found and declared to be necessary to make unlawful certain activities as provided herein. SECTION 2. Any person who commits any of the following acts during a tidal wave warning period, or during and immediately after a tidal wave shall be deemed to have committed the offense of loitering during an emergency: (a) loiters, loafs or idles upon arty public highway, public place, sidewalk or beach, on foot or on any vehicle, in any coastal area or area subject to tidal wave action. (b) disobeys any direction or command of any police officer directing traffic. (c) refuses or fails to leave any area, public or private, upon order of a police officer, which action impedes or tends to impede the effective and orderly handling of an evacuation or a disaster; provided however, nothing herein shall be construed to prevent any authorized person from lawfully pre- serving, protecting or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty. SECTION 3. Any person who commits any of the following acts during an impend- ing disaster or disaster shall be deemed to have committed the offense of loitering during an emergency: ~~ ,_ - . , -~ . '! } ._ ~,: JUN.__9..~.4...._ JUI~ 1 ~ i5u4 (a) loiters, loafs or idles upon any public highway, sidewalk or public place, ors foot or on any vehicle, in or close to an impending disaster or disaster area. (b) disobeys any direction or command of any police officer directing traffic. (c) refuses or fails to leave any area, public or private, upon order of a police officer, which action impedes or tends tc impede the effective and orderly handling of the impending disaster or disaster; provided however, nothing herein shall be construed to prevent any authorized person from law- fully preserving, protecting or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty. SECTION 4. As used in this Ordinance: "Impending disaster" means any situation where a catastrophe threatens an in- habited area and the Civil Defense Agency has issued a warning that the inhabitants thereof should evacuate from the threatened area. "Disaster" means any situation, usually catastrophic in nature, where numoers of persons are plunged into helplessness and suffering and, as a result may be in need of food, clothing, shelter, medical care or other necessities of life, and the Governor of the State or Chairman and Executive Officer of the County has dec- lared a state of disaster or emergency. The power to declare a state of disaster or emergency is hereby con- f'erred on the Chairman and Executive Officer. SECTION 5. Penalty. Any person violating any of the: provisions of this or- dinance shall upon conviction thereof, be subject to a fine not exceeding Five Hundred Dollars 0500.00). SECTION 6. This ordinance shall take effect upon its'. approval. Hilo, Hawaii Date of Introduction: June 3 1964 Date of Adoption: June 17, 194 INTRODUCED BY: ,, ~ ~. ~. Supervisor, Senatorial District File Nn....._--__....-.-._...__._.... ::,,:..~U~ 3.154........ JUr~ 1 ~~ t96a