HomeMy WebLinkAboutORD 1974-020BILL NO. 27
STATfi OF
- COUNTY OF HAWAII
NO. `;~~
AN ORDINANCE Bf;STOWING EMERGENCY POWERS UPON THE MAYOR OF THE
COUNTY OF HAWAII TO AL EVIATE PROBLEMS CREATED BY THE GAS SHORTAGE
AND PROVIDING fOR A PLAN TO MONITOR AND CONTROL THE CONSUMPTION
OF GASOLINE BY COMMERC~CAL AND ESSENTIAL USERS.
WHEREAS, t:here is an acute shortage of gasoline in the
County of Hawaii; and
WHEREAS, t:he Council of the County of Hawaii found a state
of emergency to exist in passing Ordinance No. 12, dated
January 28, 1974; and
WHEREAS, t:he full flow of commerce is vital to the life
of the community; and
WHEREAS, a preliminary investigation conducted by the
County of Hawaii has iindicated a need for an equitable plan of
distribution oi' gasolime; and
WHEREAS, t:he gasoline shortage continues to endanger the
peace, health, safety and morals of the Biq Island community;
NOW, THEREFORE, BE IT ORDAILdED BY THE COUDTCIL OF THE
COUNTY OF HAWA]:I:
SECTION 1.. Finding of Emergency.
The Council hereby declares that a state of emergency
continues to e}:ist in the County of Hawaii due to the problems
arising out of the gas shortage.
SECTION 2. GASPLAPT as proclaimed by I~iayor Shunichi Kimura
on January 28, 1974 and all amendments thereto is hereby adopted
and further amended by'providing for the following plan
to monitor and control the consumption of gasoline by commercial
and essential users:
A. Definitions:
"Commercial Vehicle" means any motor vehicle owned or leased
by private individuals or by businesses and used for business
purposes for at least 70~ of the miles driven. U-drive vehicles
and any vehicles used for commercial, industrial, non-profit, or
governmental uses are covered by this classification.
"Commercial Equipment'° includes all gasoline consuming
equipment used for business purposes other than motor vehicles.
Examples of equipment would include boats, generators, and
tractors.
"Commercial Activity" means any activity involving the use of
commercial vehicles or commercial equipment as defined above.
"Essentia:i Services" include owners or lessees of motor
vehicles and equipment used for agricultural production and
distribution, omergenc.~ services, energy production, public
passenger trans>portation and sanitation services.
"Bulk Purchaser" means any end-user who is a corporation,
partnership, sole proprietorship, or business or trade association
or individual who purchases, receives through transfer,
or otherwise obtains gasoline from a supplier for storage
in a tank container substantially under the control of the
bulk purchaser..
B. Bulk I?urchasers. Any bulk purchaser who purchased
all of his gasoline through bulk purchases prior to January 1,
1974, shall be prohibited from purchasing any gasoline from
retail outlets,.
Any bulk purchaser who supplemented his bulk purchases
by purchasing gas at rc>_tail outlets prior to January 1, 1974,
-2-
shall substant:Late such retail purchases in order to purchase
gasoline from retail outlets.
C. Any commercia:L sticker and affidavit plan in effect
prior to March 1, 1974 is hereby declared null and void.
D. ApPli<:ation and Affidavit. All those who desire to
qualify as comnnercial and essential users of gasoline shall
complete and file an application and affidavit form provided
by the County of Hawai:i and attached hereto as Exhibit "A."
The applicant :;hall self-address the envelope provided by the
County of Hawaii in order that he may be notified of the amount
of gas to whick; he is allotted. Any user of gasoline engaged in
commercial activities or essential services who fails for any
reason to file an application as referred to herein shall be
prohibited from purchasing gasoline as a commercial or essential
user as defined herein.
E. Review of Application and Affidavit. Allotment review
officers duly aippointed by the Mayor shall review all applications
and determine t:he amount of gasoline to be allotted to the applicant.
F. Diotifi.cation of quota Granted. The applicant shall be
notified by mail of the: amount of gasoline to which he is allotted
(i.e., quota of` gasoline granted)
Such allotment is subject to
review and change at ar~y time.
G. Gasoline Appellate Board
There shall be a Gasoline
Appellate Board. consisting of three members appointed by the Mayor.
The Mayor shall. have tY.~e power to establish additional Gasoline
Appellate Boards if he deems necessary, provided that any such
additional appellate board shall consist of three members appointed by
the Mayor and shall have the same standing and authority as the initial
Gasoline Appellate Board created herein. If additional Gasoline
Boards are created by the Mayor, uniform procedural and substantive
-3-
appellate board guidelines shall be drafted by the office of
the Corporation Counse:L to insure that all persons filing an
appeal with a Gasoline Appellate Board are afforded due process
and equal protection oi` the law.
H. Filincr an Appeal with Gasoline Appellate Board.
Written Notice required. Any applicant may appeal the
decision of they reviewing officer by filing written notice
-3a-
with the Gasoline Appellate Board within 14 days of the
date listed on the form notifying the applicant of the amount
of gasoline to which he is allotted. The written notice
of appeal shall include an explicit statement in plain language
of the issues involved and the facts alleged in support
thereof.
I. Hearing; Notice; Procedure.
(1) 'Upon receiving timely notice of appeal, the
Gasoline .?appellate Board shall hold a full hearing de novo
on the appeal after reasonable notice to all parties. The
notice of hearing to all parties shall include a statement
of:
(a) The date, time and place of hearing;
(b) An explicit statement in plain language
of tlhe issues involved;
(c) Thy fact that any party may retain counsel
if h~=_ so desires.
(2) The Appellate Board hearing shall be conducted
in accord~snce with the guidelines hereinafter set forth.
(a) Opportunities shall be afforded all parties
to present evidence and argument on all issues involved.
(b) Any appeals procedure may be modified or
waived by stipulation of the parties and informed
disposition may be made of any contested case by
stipulation, agreed settlement, consent order, or
default.
(c) It shall not be necessary to transcribe the
record unless requested for purposes of rehearing or
court review.
-4-
J. Rules of Evidence, Official Notice. In conducting a
hearing, the Appellate Board shall adhere to the following:
(1) Any oral sir documentary evidence may be received,
but the Appellate Board shall as
for the exc;lusion of irrelevant,
repetitious evidence and no rule
except upon consideration of all
and substantial evidence. The A~
effect to t:he rulers of privilege
a matter of policy provide
immaterial, or duly
or order shall be issued
of the reliable, probative,
~pellate Board shall give
recognized by law.
(2) Documentary evidence may be received in the form
of copies or excerF>ts, if the original is not readily
available; providec~. that upon request parties shall be
given an op~portunit:y to compare the copy with the original.
(3) Every party shall have the right to conduct such
cross-examination a.s may be required for a full and true
disclosure of the facts, and shall have the right to
submit rebuttal evidence.
(4) The Appellate Board may take notice of judicially
recognizable facts. In addition, they may take notice
of generally recognized technical or scientific facts
within their specialized knowledge; but parties shall be
notified either before or during the hearing, or by reference
in preliminary reports or otherwise, of the material so
noticed, and they shall be afforded an opportunity to
contest the facts so noticed.
K. Decision and Order. The Appellate Board shall make
its decision in writing which shall be accompanied by separate
findings of fact and conclusions of law. If any party to the
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Appeal hearing has filed proposed findings of fact, the
Appellate Board shall :incorporate in its decision a ruling
upon each proposed finding so presented. A copy of the
decision and order and accompanying findings and conclusions
shall be sent 1.o each party within a reasonable time.
L. Penallty Provision. Any bulk purchaser violating the
prohibitions o:E this ordinance or any individual purchasing
gasoline in excess of the quota assigned to him pursuant
to the provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined
$500 or imprisoned for six months, or both. Upon conviction
for purchasing gasoline in excess of his quota, the individual's
malthly quota following the conviction may be reduced to
zero.
SECTION 3.. Bus System.
The Council endorses and pledges its continuing support
for the implementation of any transportation system which
may be necessal-y to provide transportation for the safety,
health and weli:are of i:he people of the County which is put into
effect by the Diayor.
SECTION 4.. IIoard.n~.
A. Prohik~ition. No gasoline shall be stored in excess
of a total of i`ive (5) gallons in or outside any dwelling,
place of human habitation or place of public assembly. The
gasoline shall be kept in an approved safety can or cans.
This prohibition shall not apply to the storage of gasoline
in the fuel tank of a registered motor vehicle, aircraft,
motorboat or mobile power plant, farming or any exemptions
permitted by tkce Fire Chief.
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B. Penalty. Any person, corporation, partnership or any
other legal ent:ity in violation of the provisions of this ordinance
shall be deemed to be ckuilty of a misdemeanor and upon conviction
thereof shall Y>e puniskied by a fine not to exceed $500 or six
months in jail, or both, for each and every offense.
SECTION 5. Gasoline Information Card.
All individuals who receive gasoline at a retail sales
outlet shall bey required at the time of purchase to complete
the Hawaii County Gasoline Information Card which is available
at each services station. The cards shall be deposited in a
County depository at tkie retail outlet at the conclusion of
the pumping of gasoline.
No retail outlet shall issue gasoline to any person,
corporation, sole proprietorship, business or any other legal
entity, whether for pa~znent or otherwise, that fails to provide
all of the information requested on the Hawaii County Gasoline
Information Card and/or' fails to deposit said completed card
with the retail. outlet.
If any individual refuses to complete the card, the
station attendant shall. deny him any issuance of gasoline.
If an individual refuses to surrender, tears or mutilates the
Gasoline Information Card, the station attendant shall note
the license nutr~er of the vehicle and the amount of gasoline
issued on another card with an explanation of the attenuating
circumstances to the Ceunty of Hawaii.
SECTION 6. Information.
A. Each gasoline distributor, as defined by Section 243-1,
HRS, shall provide the County of Hawaii at the beginning of
each month with. information on the monthly allocation of
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gasoline to each retai:L dealer. The information shall include
but is not limited to the monthly allocation and delivery date.
B. Each retailer of gasoline shall provide the County
of Hawaii with daily and monthly statistics on gas allocation
and sales. The' information shall include but is not limited
-7a-
to the monthly allocation, daily meter readings, gallons of
gasoline sold that date and total gasoline for the month on
that particular date.
SECTION 7. Other Emergency Powers Granted to Mayor.
The Mayor of the County of Hawaii is authorized to
provide or implement any measure necessary to alleviate the
problems created by the gasoline shortage, in pursuit of the
policies and :intentions provided herein.
SECTION .B. Violation of This Ordinance.
Any individual who violates any provision of this
ordinance for which a penalty provision has not been
specifically designated, shall be deemed to be guilty of a
misdemeanor and upon conviction thereof shall be punished by
a fine not to exceed $500.00 or six months in jail, or both,
for each and every offense.
Upon the arrest of any individual for violating any
prohibited provision of this ordinance, the police officer
shall issue to him a citation or summons commanding him to
appear and an_~wer charges against him.
SECTION 9. Severability.
If any provision of this ordinance or its application
to any personal circumstance shall be held unconstitutional
or invalid, th,e remainder of this ordinance and the application
of such portion to other persons or circumstances shall not
be affected thereby.
SECTION 10. ~~eal of Emergency Ordinance No. 12.
Emergency Ordinance No. 12, adopted by the Council on
January 28, 1974, during an emergency session is hereby repealed.
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SECTION 11. Effective Date.
This ordinance shall take effect upon approval and shall
automatically stand repealed as of the sixty-first day following
the date of adoption of this ordinance.
INTRODUCED BY.
~~
COUN ILMAN, UN O~I
Hilo, Hawaii
Date of Introduction: February 20, 1974
Date of Adoption: February 20, 1974
Effective Date: February 20, 1974
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APPLICATIO
STATE OF HAWAII )
)) SS:
COUNTY OF HAWAII
NOTE: If the applicant is a
"Agricultural Informa
Application and Affid
Size of operation: _
Are you a bul]< purchaser?
(If you are not a bulk pur
a. If so, please fi7.1 in th
/-J COMMERCIAL
/-J ESSENTIAL
I,
e:
adaress including to
of
company, if applicable
being first duly sworn on oath,
1. The specific type of activit
(F.xarriple: Farming--macada
2
3
IDAVIT
s
Phone No.
of
^~ address of company including town)
depose and say:
y is
mia nuts; Sales--real estate
farmer or fisherman, he must complete the
k.ion Sheet" in addition to completing this
~vit.
~J Yes /-/ No
chaser, go directly to Question No. 4)
following table:
Total number of commerci 1/essential vehicles
Total. pieces of equipment used:
Total number of gallons o gasoline used
for vehicles and. equipm nt
Total yallons of gasoline from bulk purchases
Total gallons of gasoline purchased from
retail outlets
972 1973 1974
__~. ~J
E;(H131T A
b. Motor Vehicles:
For the year 1974, plea~'e complete the following:
Vehicle
ihE'_ llame Gf tl'i2 lri F; liraID
above is
License
No.
Also
cttrrently
used for
private use
/~
/-7
J
1
~~
7
/~
/~
/~
Average Average
Miles Per Gallons
Month Per Month
e ccre,puny covering the vehicles listed
c. Equipment:
For 'the year 1974, plea~e complete the following:
-- Lic Anse or
Req.stration
Equipment lo. _
T}ie name of the incur
above i_s
Also
currently
used for
private use
/ ~
/~
~-~ Average Average
-- flours Used Gallons
~ j Per Month Per Month
~--T
/ j - - -
/-~
/~
ce company covering the equipment listed
Note: Bulk purchasers may skip questions numbered 4 and 5 and
proceed directly to question number 6, "Justification."
FOR OFFICIAL USE ONLY
Quota/month granted for commercial/essential vehicle use
Quota/month granted for commercial/essential equipment use
Quota/month granted for private use of commercial/
essential vehicles and/or equipment
TOTAL QUOTA PER MONTH GRANTED
4
If you are not a bulls purchaser, please fill in the following table:
1972 1973 1974
Total number of commercial/essential vehicles f
TOtai piEC05 Of egii a~iiTiEnt u: eii fOi" COII'uile rCial I
or essential purposes:
Total number of gallons of gasoline used for
vehicles and equipment for commercial/
essential purposes:
Total number of gallons of gasoline used for
vehicles and equipment:
a. For the year. 1974, please complete the following:
Vr~hirlP
License
No.
Also
currently
used for
private use
/ 7
/ J
_ Averac_?e
_/ j Miles Per
Month
/- ~ ---
/~ T
Average
Gallons
Per Month
The name of the insurance company covering the veh:i.cles listed
above i_s
b. In addition, for. the year 1979, please complete the following:
Equipment
License or
Registration
Pdo .
Also
currently
used for
rp ivate use
/ ~
/~
Average
/~ FIOUrs
Used Per
/~ Month
/ T
/-?
/~
/~
Average
Gallons
Per
Month
The name of the insurance company covering°the equipment listed
above is
I'OR 01'PICIAL USE ONLY:
Quota/month granted for commercial/essent:ial vehicle use
Quota/month granted for conunercial/essential equipment use
Quota/month granted for private use of corunercial/
essential vehicles and/or equipment
TOTAL QUOTA PER T10NTII GRAI2TED
5. Justification
6. I will keep an accurate weekly account of the amount of miles driven and
the amount of gallons of gasoline used for purposes described above, and
such information shall be :;object to audit by the County of Hawaii. The
reports shall be kept on forms similar to those attached hereto as
Exhibits "A" and "P.."
7. All amounts of gasoline li:;ted above will be used only for the purposes
stated.
Furthermore, I understand and agree that I am prohibited from purchasing
any amount of gas i.n excess of any monthly quota granted by the County
of. Hawaii..
8. I understand and agree that monthly quotas are not cumulative and that
if I exceed my goof:a, I will be subject to any penalties prescribed
by law.
9. I declare that the informal=ion given above is true and correct to the
best of my knowledge. I wlderstand that any false information provided
above may result in my being convicted pursuant to Itawaii Penal Code,
Title 37, Ilawaii Revised Statutes. I am aware that if I swear to the
truth of information which I do not believe to be true, with the intent
of misl.eadinq the County of I?awaii, I may upon conviction be sentenced
to imprisonment for a period not to exceed one year or a fine no L- to
exceed $1,000.
-----tTs~gnature
Subscribed and sworn to before me
this day of __, 197.
tlotary Public, Thirci Judretal
Circuit, State of IIawa:i.i.
My commission crpiros:
COUNTY OF HAWAII
Weekly
Report of Gasoline for Commercial
and Essential Vehicles
Name
Report for Week of
Commercial L~
1. Vehicle
Essential L~
License No.
Date
Odometer Readin
Monday Friday
Miles
Driven
Total Miles Driven for period of report
Total Miles Driven while engaged in Commercial
or Essential use for Period of report
Total Gallons of gasoline used for period of report
Total Gallons of gasoline used for essential or
commercial vehicle use for period of report
I declare under penalty of perjury that the information given
above is true and correct to the best of my knowledge.
signature
F'.xhibit "A"
COCINTY OF HAWAII
Weekly
Report of Gasoline for Commercial
and Essential Equipment
Name Date
Report for Week of
Commercial ~ Essential
Hours Used for
Commercial and
Essential/Week
Equipment of Report
Total hours used during week of report
for commercial and essential use
Total Gallons of gasoline used for equipment
for week of report
Gallons Used for
Commercial and
Essential/Week
of Report
Total Gallons of gasoline used for commercial or essential
equipment for week of report
I declare under penalty of perjury that the information given
above is true and correct to the best of my knowledge.
signature
Exhibit "B"
I
List only amount used for agri
A. Address of Service Station
B.
C.
D.
INI=OHtiif~i ION
lture production.
iously used:
Name of Service Stai=ion Address Contact ~ Brand of fuel
Gasoline used by mor.~ths for 1972: ,
Month _~callons month
Gallons
January July
February
August
March September
April
October
May ~ November
June I December
Gasoline used by months for 1973:
Dfonth I gallons I Month Gallons
January I July
February ~ I August
March I September
April October .-
Dfay ~ I November
June I December
Gasoline requirement for the year 1974:
Month gallons I Month Gallons
January July
February August
March September
April I October
May November
June December
I declare that the information given above is true and correct to
the best of my knowledge.
Date: February 20, 15>74
FIRST READING
AYES NOES A/E
Car enter X
De Luz X
Ferias X
Fujii X
Hisaoka X
Kawahara X
Matayoshi X
Yadao X
Chr. Yamada X
9
date:
SECOND & FINAL READING
AYES
NOES i
A/E
Carpenter
De Luz
Ferias
Fujii
Hisaoka
Kawahara
Matayoshi
Yadao
Chr. Yamada
Publication Dare: February 24, 19746 publication Date:
We do hereby certify that the foregoiing BILL was adopted by the County Council and published
as indicated above.
Approved/Disapproved ih
'Y -4 :1 ~c
`I
~ `'~ ~ day of
i
• 19~-.
' _
~ R ~.2Gt..c~ .a~~~~~~...- (Lta ~~7
/ytMayor, County of Hawaii
Council Chairman
County Clerk
Bill No._ 27 ._
References __ __
M.B. No. __.- ___
Ord. No.
._ •~ ~~~.
OR INANCE NO. 20
(Bi 1 No. 27-1974)
AN ORDINANCE BESTOWING EMER ENCY POWERS UPON THE MAYOR OF THE COUNTY
OF HAWAII TO ALLEVIATE PROB EMS CREATED BY THE GAS SHORTAGE AND
PROVIDING FOR A PLA1J TO MON TOR AND CONTROL THE CONSUMPTION OF
GASOLINE BY COMMERC:CAL AND SSENTIAL USERS.
(Copy attached sheets)
Date Introduced: February 20, 1974
Date Effective: February 20, 1974
Copies of the foregoing rdinance, in full, are on file in the
Office of the County Clerk or use and examination by the public.
I hereby certify that the foregoing Ordinance was adopted at the
meeting of the County Counc'1 on February 20, 1974, by the :Following
aye and no vote:
AYES: Councilmen Carpen er, De Luz, Farias, Fujii, Hisaoka,
Kawahara, Matayos i, Yadao and Chairman Yamada - `).
NOES: None.
~~
COUNTY CLERK
COUNTY OF HAWAII
4;\
t' a
BILL NO. 27
STATE OF
AN ORD E BESTOIQING
CO OF HAWAII TO AL
D PROVIDING F'OR A PL.
OF GASOLINE BY COidMERC
OF HAWAII
~..
NO. 2`.D
IEP.GENCY POI•;ERS UPON THE
MATE PROBLEiIS CREI~TED BY TII
TO P10NITOP. AND CO::TROL THE
. AND ESSENTIAL USERS.
OF THE
l~~ SHORTAGE
WHEREAS, there is n acute shortage of gasoline in the
County of Hawaii; and
WHEREAS, the Counc'1 of the County of Hawaii found a state
of emergency to exist
~ January 28, 1974; and
WHEREAS, the full
passing Ordinance I]o. 12, dated
low of conunerce is vital to the life
of the community; and
WHEREAS, a prelimi
County of Hawaii has in
distribution of gasolin
WHEP.EAS, the gasol
peace, health, safety a
investigation conducted by the
ted a need for an equitable plan of
and .
ne shortage continues to endanger the
1 morals of the Big Island community;
~ NOW, THF.PSI'OI2E, BE
COUNTY OF HAS9AII:
SECTION 1. Findin
The Council hereby
continues to exist in t
arising out of t;he gas
T ORDAINP.D BY THE COUNCIL OF THE
of Eme
dares that a state of emergency
County of Hawaii due to the problems
SECTION 2. GASPLAi as proclaimed by Diayor Shunichi Kimura
on January 28, 1'974 and all amendments thereto is hereby adopted
and further amended by
to monitor and control
iding for the following plan
consumption of- gas~,line by commercial
and essential users:
A. Definitions:
"Commercial Vehic
by private individuals
purposes for at least
and any vehicles used
governmental uses are
"Commercial Equip
equipment used for bus
Examples of equipment
tractors.
"Commercial Activ
commercial vchi~~les or
"Essential Servic
vehicles and equipment
distribution, emergeno
passenger transportati
"Bulk Purchaser"
partnership, so:Le prop
or individual wlzo purl.
or otherwise obtains
in a tank container
bulk purchaser.
B. Bulk Purcha
all of his gaso:ine th
1974, shall be prohibi
retail outlets.
Any bulk purchase
by purchasing gas at r
c" means any motor vehicle owned or leased
or by businesses and used for business
0~ of the miles driven. U-drive vehicles
or commercial, industrial, non-profit, or
overed by this classification.
ent" includes all gasoline consuming
ness purposes other than motor vehicles.
ould include boats, generators, and
y" means any activity involving the use of
ommercial equipment as defined above.
" include owners or lessees of motor
sed for agricultural production and
services, energy production, public
and sanitation services.
ans any end-user who is a corporation,
etorship, or business or trade association
ses, receives through transfer,
oline from a supplier for storage
tantially under the control of the
Any bulk purchaser who purchased
h bulk purchases prior to January 1,
from purchasing any gasoline from
who supplemented his bulk purchases
tail outlets prior to January 1, 1974,
-2-
shall substantiate such retail purchase's in order to purchase
gasoline from retail ou_lets.
C. Any conunercial sticker and affidavit plan in effect
prior to March ]., 1979 i.s hereby declared null and void.
D. Application ani Affidavit. All those who desire to
qualify as commercial aid essential users of gasoline shall
complete and file an application and affidavit form provided
by the County of Hawaii and attached hereto as Exhibit "A."
The applicant shall set=-address the envelope provided by the
County of HawaiS_ in order that he may be notified of the amount
of gas to which he is a lotted. Any user of gasoline engaged in
commercial activities o- essential services who fails for any
reason to file an appli ation as referred to herein shall be
prohibited from purchas'ng gasoline as a commercial or essential
user as defined herein.
E. Review of A .1 cation and Affidavit. Allotment review
officers duly appointed by the Mayor shall review all applications
and determine the amount of gasoline to be allotted to the applicant.
F. Dlotification o= Quota Granted. The applicant shall be
notified by mail of the amount of gasoline to which he is allotted
(i.e., quota of gasolin: granted). Such allotment is subject to
review and chancre at any time.
G. Gasoline Appel ate Board. There shall be a Gasoline
Appellate Board consis
The Mayor shall have t
Appellate Board:; if he
additional appellate b
the Mayor and shall ha
Gasoline Appellate Bo
Boards are created by
g of three members appointed by the P4ayor.
power to establish additional Gasoline
ems necessary, provided that any such
d shall consist of three members appointed by
the same standing and authority as the initial
created herein. If additional Gasoline
Mayor, uniform procedural and substantive
-3-
appellate board guideliies shall be drafted by the office of
the Corporation Counsel to insure that all persons filing an
appeal with a Gasoline lppellate 73oard are afforded due process
and equal protection of the law.
II. P'ilina an A e 31 with Gasoline Appellate F3oard.
R'ritten 27otice req tired. Any applicant may appeal the
decision of the reviewizcr officer by filing written notice
-3a-
with the Gasoline Appe
date listed on the for
of gasoline to which h
of appeal shall includ
of the issues involved
thereof.
late Board within 14 days of the
notifying the applicant of the amount
is allotted. The written notice
an explicit statement in plain language
and the facts alleged in support
I. Hearing; Dloti e; Procedure.
(1) Upon receiving timely notice of appeal, the
Gasoline Appellate Board shall hold a full hearing de novo
on the appeal aft~r reasonable notice to all parties. The
notice of hearing to all parties shall include a statement
of:
(a) Th date, time and place of hearing;
(b) An explicit statement in plain language
of the issue involved;
(c) Th fact that any party may retain counsel
if he so desi~.res.
(2) The Appellate Board hearing shall be conducted
in accordance wit the guidelines hereinafter set forth.
(a) Opportunities shall be afforded all parties
to present .e idence and argument on all issues involved.
(b) Any appeals procedure may be modified or
waived by st'.nulation of the parties and informed
disposition ~~ay be made-of any contested case by
stipulation,~agreed settlement, consent order, or
default. I'
(c) It shall not be necessary to transcribe the
record unles~o requested for purposes of rehearing or
court. review
-4-
J. Rules of Evidenr_e, Official Ldotice. In conducting a
hearing, the Appellate Board shall adhere to the following:
(1) Ana! oral o:r documentary evidence may be received,
but the Appellate Board shall as a matter of policy provide
for the exc]Lusion o:E irrelevant, immaterial, or duly
repetitious evidence and no rule or order shall be issued
except upon considezation of all of the reliable, probative,
and substantial evidence. The Appellate Board shall give
effect to the rules of privilege recognized by law.
(2) Documentary evidence may be received in the form
of copies or- excerp`_s, if the original is not readily
available; provided that upon request parties shall be
given an opportunity to compare the copy with the original.
(3) Every party shall have the right to conduct such
cross-examination as may be required for a full and true
disclosure of the f:scts, and shall have the right to
submit rebutaal evidence.
(4) The: Appellate Board may take notice of judicially
recognizable facts. In addition, they may take notice
of generally recognized technical or scientific facts
within their specia:Lized knowledge; but parties shall be
notified eii:her before or during the hearing, or by reference
in preliminary reports or othercaise, of the material so
noticed, and they shall be afforded an opportunity to
contest the facts so noticed.
K. Decision and Order. The Appellate Board shall make
its decision in writing ~~rhich shall be accompanied by separate
findings of fact and conr_lusions of law. If any party to the
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Appeal hearing has filed proposed findings of fact, the
Appellate Board shall incorporate in its decision a ruling
upon each proposed finding so presented. A copy of the
decision and order and accompanying findings and conclusions
shall be sent to each party within a reasonable time.
L. Penalty Provision. Any bulY, purchaser violating the
prohibitions of this ordinance or any individual purchasing
gasoline in excoss of the quota assigned to hirn pursuant
to the provisio~as of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined
$500 or imprisoned for sip: months, or. both. Upon conviction
for purchasing gasoline in excess of his quota, the individual's
monthly quota following the conviction may be reduced to
zero.
SECTION 3. Bus System.
The Council endorses and pledges its continuing support
for the implementation of any transportation system which
may be necessary to provide transportation for the safety,
health and welfare of the people of the County which is put into
effect by the I7ayor.
S1iCTION 4. IIOardinq.
A. Prohibition. Tao gasoline shall be stored in excess
of a total of five (5) gallons in or outside any dwelling,
place of human habitation or place of public assembly. The
gasoline shall be Y,ept in an approved safety can or cans.
This prohibition shall not apply to the storage of gasoline
in the fuel tank of a registered motor vehicle, aircraft,
motorboat or mobile power plant, farming or any exemptions
permitted by tL.c Pire Chief.
-6-
B. Penalt~~. Any ~~erson, corporation, partnership or any
other legal ent:Lty in violation of the provisions of this ordinance
shall be deemed to be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed $500 or six
months in jail, or both, for each and every offense,
SECTION 5. Gasoline Information Card.
All individuals who receive gasoline at a retail sales
outlet shall be required at the time of purchase to complete
the Iiawaii Couni.y Gasoline Information Card cahich is available
at each service station. The cards shall be deposited in a
County depository at the retail outlet at the conclusion of
the pumping of gasoline.
No retail outlet sizall issue gasoline to any person,
corporation, so:Le proprietorship, business or any other legal
entity, whether for payment or otherwise, that fails to provide
all of the information :requested on the Iiawaii County Gasoline
Information Carci and/or fails to deposit said completed card
with the retail outlet.
If any individual :refuses to complete the card, the
station attendant shall deny him any issuance of gasoline.
Zf an individua:L refuse; to surrender, tears or mutilates the
Gasoline Information Card, the station attendant shall note
the license number of the vehicle and the amount of gasoline
issued on another card with an explanation of the attenuating
circumstances to the County of Hawaii.
SECTION 6. Information.
A. Each gasoline distributor, as defined by Section 243-1,
HRS, shall provide the County of Hawaii at the beginning of
each month with information on the monthly allocation of
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gasoline to each retaildealer. The information shall include
but is not limit:ed to t~e monthly allocation and delivery date.
B. Each retailer f gasoline shall provide the County
of Hawaii with <laily an monthly statistics on gas allocation
and sales. The information shall include but is not limited
-7a-
to the monthly allocation, daily meter readings, gallons of
gasoline sold that dates and total gasoline for the month on
that particular date.
SEC`PION 7. Other Emergency Powers Granted to Mayor.
The Mayor of the County of Hawaii is authorized to
provide or implement any measure necessary to alleviate the
problems created by the gasoline shortage, in pursuit of the
policies and intentions provided herein.
SECTION 8. Violation of This Ordinance.
Any individual wY.o violates any provision of this
ordinance for which a F>enalty provision has not been
specifically designated, shall be deemed to be guilty of a
misdemeanor and. upon conviction thereof shall be punished by
a fine not to exceed $°_>00.00 or six months in jail, or both,
for each and every offense.
Upon the arrest oi: any individual for violating any
prohibited provision oi: this ordinance, the police officer
shall issue to him a citation or summons commanding him to
appear and answer charges against him.
SECTION 9. Severaibility.
If any pravision of this ordinance or its application
to any persona]. circumstance shall be held unconstitutional
or invalid, the remainder of this ordinance and the application
of such portion to other persons or circumstances shall not
be affected thereby.
SECTION 1C1. Repeal of Emergency Ordinance No. 12.
Emergency Ordinance No. 12, adopted by the Council on
January 28, 1974, during an emergency session is hereby repealed.
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SECTION 11.. Effective Date.
's ordinance shall take effect upon
automatica e:tand repealed as of the si
tha date of ado 'on of this ordinanc~
BY:
Hilo, Hawaii ~
Date of I roduction; February 20, 1974
Date Adoption: February 20, 1974
fective Date: February 20, 1974
ppr,~dGal and shall
-first day following
-9-
ICATJCON AND APFI
STATE OF HAIVAII
COUNTY OP HAIVAII
SS:
I, _
Name: Last
address including
Phone No.
of
company, if appli.ca>ile ~ddress of company including tolwn)
being first duly sworn on oath, depose and say:
1. The specific type of activity is
(Example: Farming--macadam a nuts; Sales--real estate
2
3
N01'F.: If the applicant is a
"Agricultural Informat
Application and Affida
Size of operation:
Are you a bulk purchaser? /
(If you are not a bulk purc
VII'
/-J COMIAERCIAL
~~ ESSENTIAL
armor or fisherman, he must complete Chc
on Sheet" in addition to completing tlri
it.
~ Yes /-7 No
aser, go directly to Question No. 4)
a. If so, please fill in thefollotiving table:
Total number of commercia_
Total pieces of equipment t
Total number of gallw~s of
for vehicles and equipmer
Total gallons of gasoline i
Total gallons of gasoline 1
retail outlets
/essential vehicles
ised:
gasoline used
~t
rom bulk purchases
purchased from
19'72 197 1971
of
EXyIBIT A
b. Motor Vehicles:
For the year 1974, pl
Vehicle
Tlic•_ name of the incur
above is
c. Equipment:
complete the following:
License
ro.
Also
currently
used f.or
nr.ivate use
/_
/_ -J
~ j
% T
/~
/~~
/~
Average Average
Miles Per Gallons
Month Per t4onth
c cc;,.pany covering the vchi.cles listed
For the year 1974, plea~e corapletc the following:
Equipment
License or
Registration
r~ o .
--,_ ~--
The name of the incur
above is
A]so
currently
used for
private use
-~
/-7
~"- I Average Average
IIOLIrS Used Gall.one
~ I Per Month Per Month
/___~
/ I -
/~
~ j
company covering the equipment l.i:;ted
Note: }3ulk purchasers may skip questions numbered 4 and 5 and
proceed directly to question number G, "Justification."
FOR OFFICIAL USE ONLY
Quota/month granted for commercial/essential vehicle use
Quota/month granted for commercial/essential equipment use
Quota/month granted for private use of conunercial/
essential vehicles and/or equipment
TOTAL QUOTA PER I°10NT}I GRANTED
4. If you arc not a bulk purchaser, please fill i.n the follocai_ng table:
1972 1973 1974
Total number of commercial/essential vehicles I _
TOtai pieCi S Of equipi!IET~it u5i'Ci fOr COnLmerCial.
or essential purposes:
Total number of gallons of crasoli_ne rased for
vehicles and equipment for commercial./
essential purposes:
Total number of gallons of gasoline used for
vehicles and equipment:
a. For the year. 1974, please complete the following:
Also
currently
Li-tense used for
Vehicle No. ~rivatc use
- ~`-----
__ _ _ /_~1
/ ~ l
/--~
/ J
/ 7
/ 7
Aver.agc Average
Pules Per Gallons
P1onth Per I".onth
The name of the insurance company covcr.inq the vchi.cles listed
abovo- i.s
b. In addition, for. the yees 1974, please complete the follotaing:
Equipment_
Also
currently
used f:or
private use
License or
Registration
rap .
/ j
/-~_
~_ Average
/ j IIOUrs
Used Per
/ j h!ont_h
/- j
/~7
/ j
/~
Average
Gallons
Per
Plonth
The name of the insurance company coveringrthe equipment listed
above is
FOR OFI'ICIAI. US1'. ONLX:
Quota/month granted for commerci-al/essent=ial vehicle use
Quota/month granted for com:nerci.al/essential equipment use
Quota/month granted for private use of conunercial/
essential vehicles and/or equipment
TOTAL QUOTA PI:R D10NTII GRANTED
5. Justification
6. I trill keep an accurate wee}ay account of the amount of miles driven and
the amount of gallons of gasoline used for purposes described above, and
such information sha11 be subject to audit by the County of Iiawaii. The
reports shall be Y.ept on forms similar to those attached hereto as
F•.xhibits "It" and "13...
r
7. A.ll amounts of gasoline listec? above t-rilJ. be used only for the purposes
stated.
Furthermore, I t.~nclerstand rind agree that I am prohibited from purchasi.ncr
any amount of gas in c::cess of any monthly goof: granted by the County
of. IIawaii_.
8. I understand and agree th~.t montl:l.y quotas are not cumulative and that
if I exceed my quota, I tai.ll be subject to any penalties presc.ri.bed
by late.
9. I declare that the inforrtr.~tion given above is true and correct to the.
best: of my }:nowledgc. I understand that any faJ.sc information provided
above may result in my being convictec? pursuant to llatoaii. Penal Code,
TitJ.e 37, IIawrtii Revised Statutes. I am aware that if I stocar to the
truth of inforraatio±r whic}t I Qo not believe to be true, t:~ith the intent
of misleadi.nq the County of IIaortii, I may upon convie,ti.on be sentencer?
to imprisonru~nt for a period not to c>:cced one year or a fine not to
e~:ceed $1,000.
signature
Subscribed and sworn to before me
this day of '_979.
b]otar.y Pulil.z_c, '.'Ir~.r.u Jn~.z-vial
Circuit, °tatc of: Patac:.i.i
My cwnmi.ssion c;:pir:es:
COUNTY OF HI~WAII
Weekly
Report of Gasoline for Commercial
and Essential Vehicles
Name
Report for Week of
Commercial ~~
1. Vehicle
Essential L~'
License iQo.
Date
Odometer Reading:
Miles
Monday Friday Driven
Total Miles Driven for period of report
Total Miles Driven while engaged in Commercial
or Essential use for Period of report
Total Gallons of gasoline used for period of report
Total Gallons of gasoline used for essential or
commercial vehicle use for period of report
I declare under penalty of perjury that the information given
above is true and correct to the best of my knowledge.
signature
Exhibit "A"
COUNTY OF fiAWAII
Weekly
Report of Gasoline for Commercial
and Essential Equipment
Name
Date
Report for Week of
Commercial ~ Essential
Equipment
Hours Used for
Commercial and
Essential/Week
of Report
Total hours used during week of report
for commercial and essential use
Total Gallons of gasoline used for equipment
for week of report
Gallons Used for
Commercial and
Essential/Fleck
of Report
Total Gallons of gasoline used for commercial or essential
equipment for week of report
I declare under penalty of perjury that the information given
above is true and correct to the best of my knowledge.
signature
Exhibit "B"
AG?t_t~;1.11.,'fUR/1L IiJFORhir~t]OIJ SIiEG7
List- only amount used for agriculture production.
A. Address of Service Station previously used:
of Service Station
B
C
Address ~ Contact ~ Brand of fuel
Gasoline used by months for :1972:
Plonth allons ~ month Gallons
January July
February August
March September '
April ~ I October
May I November
June I I December
Gasoline used by months for 1973:
1.lanth
January I gallons
l~ I fllonth
I July Gallons
February I August
March I September
April October
May I November
June- I December
D. Gasoline requirement for the year 1974:
Month gallons I Month Gallons
January July
February August
Idarc}t September
April I I October •
Fiay I I
-j November .
June I l December
1 declare that the information given above is true and correct to
':he best of my lcnotvledge.
s~.gnat.urc