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 $Y:
~...,.~_
COUNCIL MEM R, COU OF HAWAII
Hilo, Hawaii
Date of Introduction: June 18, 1975
Date of Adoption: August 20, 1975
Effective Date: August 27, 1975
-2-
ij~1n H?P).'a '.l
Date: 7nrr+ 1 ~ ~ ri ,c
FIRST READING
AYES NOES A/E
Carpenter x
De Luz x
Fujii x
Hisaoka x
Kawahara x
Lai X
Levin x
Yadao x
Yamada
-x _
-
--- 9 _
Publication Date: -..._`7llri2 Z
Hilo, Hawaii
Date: Anrtn c+ 9(1 la7S
SECOND & FINAL READING
AYES NOES A/E
Carpenter
De Luz_ - ___..~. -. - _.
Fujii X
Hisaoka }[
Kawahara ]{
Lai X
Levin
Yadao
Yamada
X
X X
--. ~- -
Publication Date:..
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
f I u-r>
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Countil Chpirman,
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County Clerk -
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Approved/$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
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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
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'Y i~~~~ AdJr~
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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
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~~~~„
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
=~~
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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
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.~/~ 1* 1Y ~~F•, H~"
1 ~ I. \~
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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: