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HomeMy WebLinkAboutORD 1970-330BILL N0. _ 701 (AMENDED ) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. x`30 AN ORDINANCE PROHIBITING LITTER AND REPEALING ORDINANCE N0. 44, REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Definitions. For the purposes of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not; inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number., and words used in the singular number include the plural number. (a) "Litter" means all waste material including, without limiCing the generality thereof, all animal and vegetable wastes, and all other solid wastes such as dirt, ashes, street cleanings, dead animals or parts thereof, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes, cardboards, tin cans, yard clippings, leaves, wood, tree trimmings, glass, bedding, crockery, Furniture, appliances, scrap metal and all other waste materials commonly or ordinarily regarded as being garbage, rubbish, refuse, trash or swill, and which, if allowed to be deposited or to accumulate upon public or private property, would tend to create a danger to the health, safety, welfare, and general well-being of the public." (b) "Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise .reproduced original or copies of any matter of literature. (c) "Private premises" is any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure. (d) "Public place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Newspaper" is a public print of general circular;ion issued for compensation at daily or weekly intervals reporting the news or happenings of local,national or - 2 - foreign interest, such as social, religious, political, moral, business, professional, editorial and other kindred subjects, as well as trade, market, and money reports, advertisements, announcements and the like. SECTION 2. Litterin Prohibited• Placement of Litter_ in Receptacles so as to Prevent Scattering. It sha 1 be unlawful for any person to scatter, throw, drop, deposit or place or cause to be scattered, thrown, dropped, deposited or placed any litter on any highway, street, road, alley, sidewalk, sea beach, public park or other public place in the County of Hawaii, State of Hawaii. Persons placing litter in public: receptacles o.r in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or ocher public place or upon private property. SECTION 3. Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the county the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. SECTION 4. Merchants' Duty to Keep Sidewalks Free of Litter, No person owning or occupying a place of busines=_; shall sweep into or deposit in any gutter, street or other public place within the county the accumulation of litter from any building or lot or from any public or private sidewalk o.r driveway. Persons owning or occupying places of business within the county shall keep the public walking and parking areas in front of their business premises free of litter. SL-CTION 5. Distributing Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly tc t;he owner, occupant, or other Gerson then present in or upon such private premises. Provided, however, that such person, unless requested by the owner, occupant, invitee, licensee, or other person lawfully on the premises not to do so, may place of deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. (a) Exemption for mail and newspapers. The provisions of this Section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by 'the elements upon any street, sidewalk or other public place or upon private property. -3- SECTION 6. Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the county, whether owned k>y such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. SECTION 7. Penalty. Any person who >hall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $5.00 nor more than $250.00. 5ECTION 8. Repeal. Ordinance No. 44, Revised Ordinances of the County of Hawaii 1967, is hereby repealed. SECTION 9. Effective Date. This Ordinance shall take effect upon its approval. INTRODUCED BY: ,~_ ,, ~ e ~ / ~ '~ ;'SCE ~~l,L? Gxt.9..z_~ .~ % l-~r~~/~ !1~ /'Ciouhcjllman, County ~$ Hawaii L% (/ Hilo, Hawaii Date of Introduction: April 22, 1970 Date of Adoption: July 15, 1970 ORDINANCE N0. 330 (Bi.li No. 701-1970) AN ORDINANCE PROHIBITING LITTEi2 AND REPEALING ORDINANCE N0. 44, REVISED ORDINANCES OF THE COUN'CY C3' HAWAII 196'. Date Approved: July 15, 1970 Date Effective: July 21, 1970 Copies of the foregoing Ordinance,. in full, are on File in the Offic~• of the County Clerk far use and e::amination by the puhlic. I hereby certify that thla foregoing Ordinance passed second and final readir:g at the meeting of t~:c County .~ouncil on July 15, 1970, by the folloain~, aye and nu vote: AYES: Councilmen Carpenter, De Luz, Matayoshi, Souza, Yadao and Chairman Hisaoka - 6. NOES: Councilmen Edwards and Greenwell - 2. EXCUSED FROM VOTING: Councilman Yamada - 1. COUNTY CLERK -_ COUNTY OF HAWAII a. Lf iwn faNarCS mo ~.wlxw: cwewmM YN11/4~7. - ~ TA'D66Nt fY2UK1 CW/MTM N ' iWNtY.l1A~f/ul. 1fT0.1 Trltln-NMNG:_ JuIY tl.