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HomeMy WebLinkAboutORD 1974-022BILL NO. }2 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~,'~y AN ORDINANCE BESTOWING EMERGENCY POWERS UPON THE MAYOR OF THE COUNTY OF HAWAII TO ALLEVIATE PROBLEMS CREATED BY THE GAS SHORTAGE AND PROVIDING FOR A PLAN TO MONITOR AND CONTROL THE CONSUMPTION OF GASOLINE.. WHEREAS, there is a continuing shortage of gasoline in the County of Hawaii.; and WHEREAS, the full flow of commerce is vital to the life of the community; and WHEREAS, the gasoline shortage continues to endanger the peace, health, safety and morals of the Big Island community; and WHEREAS, a need for an equitable plan of distribution of gasoline is necessary, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Finding of Emergency. The Council. hereby declares that a state of emergency continues to exist in the County of Hawaii due to the problems arising out of the gas shortage. SECTION 2. The Mayor shall have the power to provide for a plan by proclamation to control and monitor the distribution of gasoline within the County of Hawaii. 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 Mayor. The Mayor shall have the power to remove any and/or all BUSPLAN buses from operation if he deems prudent. SECTION 4.. Hoard:in~. A. Prohi2>ition. No gasoline shall be stored in excess of a total of 1`ive (5) gallons in or outside any dwelling, place of human habitaton 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 the Fire Chief. B. Penalty. Any person, corporation, partnership or any other legal entity 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. Other Emergencv Powers Granted to Mayor. The Mayor of the County of Hawaii is authorized to provide or impl~sment arty measure necessary to alleviate the problems created by the gasoline shortage, in pursuit of the policies and intentions provided herein. The Mayor may implement by proclamation any measure necessary to remove res~rictions as the gasoline supply situation merit:>. -2- SECTION 5. Violation of This Ordinance. Any individual w'ho 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 ~=_very offense. The police officer shall issue to any individual a citation or summons commanding him to appear and answer ch~srges agsinst him, if such individual violates any prohibited provision of this ordinance. SECTION '7. Severability. If any provision of this ordinance or its application to any personal ~~ircumstance 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 '4. Repeal of Emergency Ordinance No. 20. Emergency Ordinance No. 20, adopted by the Council on February 20, .1974, during an emergency session is hereby repealed except for those sections in Emergency Ordinance No. 20 that provide Eor a commercial sticker and affidavit plan. Said commercial sticker and affidavit plan shall remain in full force and effect until such time as the r7ayor deems otherwise. SECTION 9. 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. Date of Introduction: Date of Adoption: March 21, 1974 March 21, 1974 Date: March 21, 1974 FIRST READING AYES IJOES AJE Car enter Y. Da Luz X Ferias }{ Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada ;~ 5 - 4 Publication Date: March 25, 1974 Qate: SECOND & FINAL READING AYES NOES A/E Carpenter De Luz Ferias Fujii Hisaoka Kawahara Matayoshi , Yadao Chr. Yamada Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. /v /J'F~f.O V1Ce Council Chairman D@p. County Clerk/ Approv~eldA/Dira~pn,wrr~ this- ~'-~~ day of/' Y l 4 ~•n ~r.. 19 ~ 7 , Mayor, County of Hawaii Bill No. _ 32 M.B. No. _ _ Ord. No. _ s:,:.,'~ ORDINANCE NO. 22 (Bill No. 32-1974) AN ORDINANCE BESTOWING EMERGENCY POldERS UPOAT THE MAYOR OF THE COUNTY OF HAWAII TO ALLEVIATE PROBLEMS CREATED BY THE GAS SHORTAGE AND PROVIDING FOR A PLAN TO MONITOR AND CONTROL THE CONSUD;PTION OF GASOLINE. (copy attached sheets) Date Approved: +larch 21, 1974 Date Effective: 4iarch 21, 1.974 Copies of the foregoing Ordinance, in full, are on file in t_he Office of the Countv Clerk for use and examination by the public. I hereby certify that *_he for.egoing Ordinance was adopter at the meeting of.' the Lounty Council. on March 21, 1974, by the following aye and no vote: DYES: Councilmen Carpent=r, De Luz, Fuji.i, Hisaoka and Alatayoshi -- 5. NOES: None. ABSENT AND EXCiJSED r' i NEe'r ~~AN lRC/NRNtt~9~Nl70WiN0 EMERGENCY. POWERS WON TN6 MAYOE OF THE COUNTY OF NAWAII TO ALLlVIATE PROELEME CREATED EY THE BAS SNORTXOE AND PROVIDFNO FOR A PLAN TO MON ITOR ANO ~DNTROL THE CQNWSSlT~D a~a...-.~-_ _-- MOF II v' _~ Jinp of pp ~~RRAyR ~IF~ ~1'ES •~ a i5 ?9e !KI .ih, ntl ~ ~I ,~ ~)DDMRId ' ~ , i0 ~:, oy'u~Nw'~ K )ai ~}e saea'SBB1~~l gJ~~ a1~I ' ' ! , , aay~tb EgEa~ 1 A , ~ , •~ ~AMY(1~~~-Nt ~ I va „~ 'LU16'SLL auogd '09i'PM m;aaw I 'Eanle~ Rn4 ulalEluH ~ tt. ___~e._..., Councilmen Farias, Kawahara, Yadao and Chairman Yamada - 4. ~`""~~~ DEPUTY COiJNTY CL K COUNTY OF HAS