HomeMy WebLinkAboutORD 1967-051'~ ~_~ ~~~
°~~'~~ ~ COUN`PY OF HA~4AII STATE OF HAWAII
ORDIANCE N0. 51
ORDINANCE REGULATING THE PLACING, LEAVII~IG OR DEPOSITING OF ANY
GOODS, GJARES OR i'•iERCHANDISE ON S1DEOdALKS IiQ THE CITY LID4ITS OF
HILO AND PROVIDING FOR PUNISHI+IENT IN VIOLP.TION THEREOF.
BE IT ORDAINED BY THE BOARD OF SUPE.RVISOiiS OF THE COUNTY OF
HA4dAI I :
SECTION 1. No person sha]_1 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 first obtaining the permission in writing from the
Board of Supervisors of- the County of Hatiaaii in the manner as
hereafter provided.
SECTION 2. Classification of permits. There shall be two
(2) classes of permits:
(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, leave or deposit any newsstand, news rack or other similar
publication dispensers shall be given by the Board of Supervisors
in writing upon application in writing from the publisher, editor,
distributor or seller uF any newspaper or other similar publications
upon receipt of the following statements:
(a) A s~atement designating sidewalk area desired to be
occupied,
(b) A statement that the newsstand, news rack or other
similar publication dispensers do not occupy one fifth (1/5) of the
width of the sidewalk and are not over four (S) 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, provided that the holder of this permit shall
indemnify and save harmless the County of Hawaii, the officers and
agents thereof, from all claims, demands, suits, actions or
proceedings of every name, character and description which may be
brought against the County for or on account of any injuries or
damages to any person or property received or sustained by any
person by or in consequence of any act or acts of the holder of
said permit for actions done under this permit,
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SECTION 4. Permits to place other properties on sidewalk,
(a) Prior to the application for a permit, the applicant
shall obtain the consent and approval in writing 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 sidewalk, the description
of the sidewalk 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 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
pedestiran 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 (4) feet, provided that the ho:Lder of this permit
shall indemnify and save harmless the County of Hawaii, the officers
and agents thereof, f=rom all claims, demands, suits, actions or
proceedings of every name, character and description which may be
brought against the Court;r for or on account of any injuries or
damages to any person or property receivr-;d or sustained by any
person by or in consequence of any act ox acts of the holder of said
permit for actions done under this permit,
SECTION 5. The granting of a permit does not dispense with
the necessity to comply with any law, ordinance, rule or regulation to
which a permittee may also k~e subject,
SEC'TI0P1 6, Any person violating any provision of this
ordinance shall be punished by a fine of not more than Fifty Dollars
($50.00).
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