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Home My WebLink AboutORD 1974-034BILL NO. 4$ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~_ AN ORDINANCE BESTOWING EMERGENCY POWERS UPON THE MAYOR OF THE COUNTY OF HAWAII TO ALLEVIATE PROBLEMS CREATED BY THE GASOLINE SHORTAGE AND PROVIDING A PLAN TO MONITOR AND CONTROL TFiE CONSUMPTION OF GASOLINE. WHEREAS, for the past five months the County of Hawaii has experienced an acute shortage in the availability of gasoline amounting to approximately one-fifth of demand; and WHEREAS, the availability of gasoline throughout each month is vital for the movement of commerce and transportation; and WHEREAS, a need for an equitable plan for distribution of gasoline is necessary for the entire county, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Finding of Emergency. In the absence. of any governmental .control of the sale and distribution of gasoline, a shortage of gasoline has resulted toward the end of each month cYea<thg panic buying by the consuming public, closing of a number of service stations, extremely long lines at those stations which were open, breaches of peace, severe traffic congestion, and an inequitable distribution of the limited supply o£ gasoline. The grave crisis situation was brought under control only when mandatory controls relating to the distribution of gasoline were imposed by the County of Hawaii. With the advent of the expiration of Ordinance No. 22, the County of Hawaii no longer has any mandatory controls of the sale of gasoline despite the continuing existence of the shortage of gasoline. Any shortage in the availability of gasoline endangers the provisions of those services immediately essential to the public health, safety and welfare, such as medical, fire and police, and severely cripples all segments of the economy. Because any interruption in the mandatory controls would constitute an immediate peril to the health, safety and welfare of the people, such controls are essential to produce conservation :by the public and at the same time provide for orderly distribution of the available supply of gasoline. Therefore, the Council hereby declares that a continuing state of emergency exists in the County of Hawaii due to problems arising out of the gasoline 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 anal/or all BUSPLAN buses from operation if he deems prudent.. SECTION 4. Hoarding. A. Prohibition. No 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 sha].1 be kept in an approved safety can or cans. This prohibit;ion shall not apply to the storage of gasoline -2- 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 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. The Mayor may implement by proclamation any measure necessary to remove restrictions as the gasoline supply situation mex-its. SECTION 6. 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 noi= to exceed $500 or six months in jail, or both, for each and every offense. The police officer shall issue to any individual a ~~itation or summons commanding him to appear and answer charges against him, if such individual violates any prohibited provision of this ordinance. -3- SECTIOPd 7. Severability. If any provision of this ordinance or its application to any personal circumstance shall be held unconstitutional or invalid, the rem+~inder of this ordinance and the application of such portion to other persons or circumstances shall not bc~ affected thereby. SECTION 8. Effective Date. This ordinance shall take effect upon approval and shall autom~stically stand repealed as of the sixty-first day following the date of adoption of this ordinance. INTRODUCED BY: Date of Introduction: May 23, 1974 Date of Adoption: May 23, 1974 -4- Hilo, Hawaii Date: Mav 23. 1974 FIRST READING AYES NOES A/E ~~, Car enter X De Luz X Farias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 8 1 Publication Date: ^AAY i Date: SECOND i FINAL READING AYES NOES A/E Carpenter De Luz Farias 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. Council Chairman County Clerk Approved/Disapproved this_.~'~ / day of 19~-. - _ Mayor, County of Hawaii Bill No. 413 Reference: ~$4Sz__ M.B. No. Ord. No. - ____ ORDINANCE NO. 34 (Bill No. 48 - 1974) AN ORDINANCE BESTOWING EMERGENCY POWERS UPON THE MAYOR OF THE COUNTY OF HAWAII TO ALLF.VIA'I'E PROBLEMS CREATED BY THE GASOLINE SHORTAGE AND PROVIDING A PLAN TO MIONITOR AND CONTROL THE CONSUMPTION OF GASOLINE. (copy attached sheet,) Date Approved: May 23, 1.974 Date Effective: Mlay 23, 1.974 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify ghat the foregoing Ordinance was adopted at the meeting of the County Council on May 23, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Kawahara, Matayoshi, Yadao and Chairman Yamada - 8. NOES: None. ABSENT AND EXCUSED: Councilman Hisaoka - 1. ~N2 COUNTY CLERK COUNTY OF HAWAII mt'i me 4J~t~F\~dJ9 j ..; ~,-_-- Tadashi Suzuki -e COUNTY CLERK >'~-:.^_i::.'..% OF N ^FFICE OF THE COUNTY CLERK COLINN ^F HAWAII KILO, HAWAII 96720 Mayor truce McCall County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. 48 the County Council on second and Final reading. Robert Shioji DEPUTY COUNTY CLERK passed by ~~~~~ ~s-a'-u u' COUNTY CLERK Encl, Dated: May :?3. 197