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HomeMy WebLinkAboutORD 1975-138BILL NO. 133 (2ND REVISION COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~ ~fS AN ORDINANCE AMENDING SECTION 15, ARTICLE 15, CHAPTER 6 OF THE HAWAII COUNTY CODE RELATING TO SELLING ON HIGHWAYS. BE IT ORDAINED BY THE COUNCIL OF THE COUPITY OF HAWAII: SECTIOAI 1. Section 15, Article 15, Chapter 6 of the Hawaii County Code is hereby amended to read as follows: "Section 15. Selling on Highways Restricted. Any provision of law to the contrary notwithstanding, it shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business: a. taithin 500 feet from the boundary of any school property during normal school hours. b. In Hilo on Banyan Drive except on designated areas. c. In Kailua-Kona on Alii Drive between Palani Road and the southernmost boundary of Hale Halawai Park; on Palani Road between Alii Drive and Kuakini Highway; and on Kaahumanu Place except on designated areas. It shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business on any public street or highway where such activity endangers any person, vehicle or property on such street or highway. For the purpose of this section, the word 'peddler' as used herein shall include any person other than a wholesaler, whether a resident of the County of Hawaii or not, traveling by automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers. The word 'peddler' shall include the words 'hawker,' 'huckster' and 'itinerant vendor."' SECTION 2. This Ordinance shall take effect upon its approval. INTRODUCED $Y: ~...,.~_ COUNCIL MEM R, COU OF HAWAII Hilo, Hawaii Date of Introduction: June 18, 1975 Date of Adoption: August 20, 1975 Effective Date: August 27, 1975 -2- ij~1n H?P).'a '.l Date: 7nrr+ 1 ~ ~ ri ,c FIRST READING AYES NOES A/E Carpenter x De Luz x Fujii x Hisaoka x Kawahara x Lai X Levin x Yadao x Yamada -x _ - --- 9 _ Publication Date: -..._`7llri2 Z Hilo, Hawaii Date: Anrtn c+ 9(1 la7S SECOND & FINAL READING AYES NOES A/E Carpenter De Luz_ - ___..~. -. - _. Fujii X Hisaoka }[ Kawahara ]{ Lai X Levin Yadao Yamada X X X --. ~- - Publication Date:.. We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. f I u-r> i i 6 ~I (1~- Countil Chpirman, ~~ ~ County Clerk - ~'r `~- Approved/$im~sd this-_.- _ ____day//~~ofqq Mayor, County of Hawaii l%~;Y~~ Reference:'~T'~-dt RTC-~O M.B. No. _ Ord. No. _~-~_ - - _ ~l~„`\ HERBERT T. MATAYOSHI v ~ ~~ ~~'I'~i9 MAYOR t t ~n~m o ~` oF. N COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI FTREET HILO. HAWAII 9620 August 14, 1975 County Council County of Hawaii Hilo, Hawaii 96720 Dear Council Members: Re: Bill 133 (2nd Revision) Selling on Highways CLIFFORD H. F. LUM CORPORATION COUNSEL Transmitted for your consideration and adoption is Bill No. 133 (2nd Revision) relating to selling on highways. Very truly yours,'. ~.J~R.i(.tl EARL T. SATO ' Deputy Corporation Counsel ETN;pa Encs. cc: Mayor APPROVED: LIF OR LUM Corpor n Co OFFICE INFORMATION ONLY i~zly 2> 1.975 (Et~PG) Meeting: Anion. Deferred pending corruc.ents and/or recommendation from ^orpc,ration Cr?unsel, cn C-1223.9• Bi17 133, Revised Re: July 3, 1975 Iri i:eply Refer to: IIill 733 (Revised) Mr. Clifford Luu, Corporation counsel Hawaii Cou*it')' n~r1la~.n~ 25 Aupuni Street Hilo, Hawaii The Rec. eat.ion and 'I'rae~~ tcc~ i ~ c +a i .'. . i i,s n.ea eld July ~ ~:;^Fc.r~,- ;.. ~'. ~~ :;~ i'.'. ~"~, ~ vi;,c,:, ce di- 'o' ant:. and/or comments ;=r,~.+ e: ~.. f`'..: r, , ,m,; .i~ :ti„-, 1?%^.9 ~, , r'~J,;^-t that you ~ ~~~. , . .. _ . ,.-.~ - ~. _,, ,.. ._ _ , -_ .. pro~:ibit .anoicsalers frci;ir deliver,Lg tn.eir c*rxxJs to stores in Kailua or Banyan Drive. 2. Possibility of amending Sectiot; "~_. .- . _, t,, insert after each subsection, __.. L~t•lu aea i.;n\.ce: areas." 3. ?ossibility of a restriction setting up a specific distance from established retailers. Dante K. Carpenter, Chairman RECREATION AND TRANSPORTATION COAillI'PTEE Y \ // ~? 'Y i~~~~ AdJr~ v f ~ _ ~ OFFICE OF THE COUNTY CLERK NAW All COUNTY BUILDING COUNTY OF HAWAII MILO, HAWAII 96740 June '~9, 19(5 Refer: Bill 133 (RE4ISED) i"l.l. i3} - itilhq:.; O^ +71~i!•J'~,i'= Re: nevi sed _.l The following is the action of the Hawaii County Council adopted at June 1fl 19'!7 its meeting held kdopt bill ol:; first readiL~; and refer bacl: to Recreai:ion F,. Transportation Comrtlit+,ee . COUNTY CLERK B ILL NO. 133 (REVISED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15, ARTICLE 15, CHAPTER 6 OF THE HAWAII COUNTY CODE RELATING TO SELLING ON HIGHWAYS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 15, Article 15, Chapter 6 of the Hawaii County Code is hereby amended to read as follows: "Section 15. Selling on Highways Restricted. Any provision of law to the contrary notwithstanding, it shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business: a. Within two blocks or within 500 feet from the boundary of any school property, whichever distancc=_ is the greater, during normal school hours. b. In Hilo on Banyan Drive. c. In Kailua-Kona on Alii Drive between Palani Road and the southernmost boundary of Hale Halawai Park; on Palani Road between Alii Drive and Kuakini Highway; and on Kaahumanu Place. It shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business on any public street or highway where such activity endangers any person, vehicle or property on such street or highway. For the purpose of this section, the word 'peddler' as used herein shall include any person, whether a resident of the County of Hawaii or not, traveling by automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers. The word 'peddler' shall include the words 'hawker,' 'huckster' and 'itinerant vendor."' SECTION 2. This Ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: June 18, 1975 Date of Adoption: Effective Date: -2- BILL No. 133 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15, ARTICLE 15, CHAPTER 6 OF THE HAWAII COUNTY CODE RELATING TO SELLING ON HIGHWAYS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 15, Article 15, Chapter 6 of the Hawaii County Code is hereby amended to read as follows: "Section 15. Selling on Highways Restricted. Any provision of law to the contrary notwithstanding, it shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business: a. within two blocks from the boundary of any school property during normal school hours. b. In Hilo on Banyan Drive. c. In Kailua-Kona on Alii Drive between Palani Road and the southernmost boundary of Hale Halawai Park; on Palani Road between Alii Drive and Kuakini Highway; and on Kaahumanu Place. It shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business on any public street or highway where such activity endangers any person, vehicle or property on such street or highway. For the purpose of this section, the word 'peddler' as used herein shall include any person, whether a resident of the County of Hawaii or not, traveling by automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers. The word 'peddler' shall include the words 'hawker,' 'huckster' and 'itinerant vendor."' SECTION 2. This Ordinance shall take effect upon its approval. Date of Introduction: Date Of Adoption: -2- INTRODUCED BY: Y y k ~~~~„ HERBERT T. MATAYOSHI q ~ ~~II!v MAYOR # ~ 0'/ 1 ::F.. Ni COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPU NI STREET HILO, HAWAII 96720 April 23, 1975 Honorable Dante K. Carpenter Council Member, County of Hawaii Hilo, Hawaii 96720 Dear Mr. Carpenter: Re: Ordinance Amending Chapter 6 (Traffic Code) - Selling on Highways Transmitted for your consideration is an Ordinance amending Section 15, Article 15, Chapter of the Hawaii County Code relating to selling on highways. Very truly yours, CLIFFORD H. F. LUM CORPORATION COUNSEL =~~ '' % " ~~ t ~~~~ STEPHEp~ G. BESS Assistant Corporation Counsel SGB:pa Enclosure cc: Mayor APPROVED: C IFFO F. LUM Corpor t on Bill No. 133 - 1975 AN ORDINANCE AMEND:LNG SECTION 15, ARTICLE 15, CHAPTER 6 OF THE HAWAII COUNTY CODE RELATING TO SELLING ON HIGHWAYS. (copy the attached Bill) Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on June 18, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levirr, Yadao and Chairman Yamada - 9. NOES: None. ~~\ COUNTY CLERK COUNTY OF HAWAII 1~ ORDINANCE NO. 1.38 (Bill No. 133-1975) AN ORDINANCE AMENDING SECTION 15, ARTICLE 15, CHAPTER 6 OF THE HAWAII COUNTY CODE RELATING TO SELLING ON HIGHWAYS. (copy attached ordinance) 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 that the foregoing Ordinance passed second and final reading at the meeting of the County. Council on August 20, 1975., by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Yadao and Chairman Yamada - 8. NOES: Councilman Levin - 1, COUNTY CLER `,C/ COUNTY OF HAWAII nao-H.wriTrewn~Mraa: a~a. o, finer BILL NO, 133 (2ND RF.VISIOid ~„~ . ~Liiti3`TY OF HAWAII - STATE OF H -. AWA~'?^-... °~.,, ~.. .-- ~ ORDINANCE NO. 13g •'' .. AN ORDINANCF. AidENDING SECTION 15 , ARTICLE 15 , CHAPTER 6 OF ~~ THE HAWP.II COUNTY CODE RELATING TO SELLING ON HIGHWAYS. ~ BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Sectian 15, Article 15, I:hapter 6 of the Hawaii County Code is hereby amended to read as follows: "Section 15, SeJ.ling on Highways Restricted. Any provision of law to t}~e contrary notwithstanding, it shall be unlawful for any peddler, itinerant vendor, hawker or huckster to carry on or solicit business: a. Within 500 feet from the boundary of any school property during normal school hours. b. In Hilo on Banyan Drive except on designated areas. c. In Y,ailua-Kona on Alii Drive between Palani Road and the southernmost boundary of Hale Halawai i Park; on Pelani Road between Ali.i Drive and F.uakini i 4(., t Highway; and on Kaahumanu Place except on designated C-1 t„ .3 ~°' h areas. i It shall be unlawful for any peddler, itinerant '! vendor, hawker or huckster to carry on or solicit business on any public street or highway where such activity e::aangers ary person, vehicle o:.' property on tf ti such street or highway. 1 t For the purpose of this section, the word 'peddle>• as used herein shall include any person other than a wholesaler, whether. a resident of the County of Hawaii al' n'at, tT<]vE'1..n4 'u~' ,^.:.t'+T~1!:i {: '. `7 •.~ V'E ii i. u^1f', ~?r any at7iPY type of conveyance, from place to p7.ace, from house to house, or from street to street, carrying, conveying or t`rransporting gaods, wares or merchandise,'offering and exposing the same for sale or making sales and. delivering articles to purchasers. The word 'peddler' shall includa the words 'hawY.er,' 'huc)ster' and. 'itinerant vendor."' SECTION 2. This Ordina~.ce shall take effect upen its approval. i tINTRODUCED BY: M'}~ ~ t \~l" ~.`3 ~C•~ /s/ DANTE K. CARPENTER ~~. ~ COUIICIL 1~^,F.MI3~R, COUNTY" OF HAT4AI1 ~5~ Hilo, Hawaii ~..t- ~"\L~"' Date of Introductian: June 18, 1975 ~~~ Date of Adoption: August 20, 1975 .~ y ~.... .~/~ 1* 1Y ~~F•, H~" 1 ~ I. \~ ~~ Ted T. Suzuki COUNTY CLERK _ N v OFFICE ^F THE COUNTY CLERK COUNTY ^F HAWAII H ILO, HAWAII 9672^ Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii Robert Shio ji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 133 passed by the County Council on second and final reading. ~ti COUNTY CLERK Encl. AUK 2 v 19~s Dated: