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HomeMy WebLinkAboutORD 1975-156BILL No. 166 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. _ ~$.; AN ORDINANCE AMENDING CHAPTER 3 (REGULATIONS PROMOTING THE GENERAL WELFARE), HAWAII COUNTY CODE, BY THE ADDITION OF A NEW ARTICLE (OBNOXIOUS SUBSTANCES). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 of the Hawaii County Code, as amended, is hereby further amended by the addition of Article 12, which is as follows: "ARTICLE 12 OBNOXIOUS SUBSTANCES SEC. 1. Declaration of Legislative Intent. The Council of the County of Hawaii finds that the use and possession of devices capable of emitting gases or obnoxious substances, as hereinafter defined, by unauthorized persons creates a potential danger to the peace and well. being of the community at large; but, nevertheless, such devices when properly used, serve a useful purpose. Therefore, pursuant to the power granted in Section 2-1 of the County Charter and Section 62-34 of the Hawaii Revised Statutes to protect health, life and property and to protect the general welfare and safety of the inhabitants of the County, this Article regulating the sale, purchase, possession, transportation and use of obnoxious substances and granting the Chief of Police of the County of Hawaii authority to supervise the sale, purchase, possession, transportation and use thereof according to the standards hereinafter stated, is enacted to insure that the dissemination of devices emitting obnoxious substances is limited to those agencies and their employees who have a legitimate need therefor. The terms of this Article shall be liberally construed to effectuate the purposes stated herein. SEC. 2. I>efinitions. As used in this Article, unless the context clearly requires otherwise: (a) 'Agency' means all such organizations, public and private, whose operations are determined by the Chief of Police to require the lzse of one or more of the devices enumerated in Section 3 to accomplish a proper purpose. (b) 'Chief' of Police' means the Chief of Police of the County of Hawaii_ or his authorized subordinate. (c) 'Devices' means all shells, cartridges, bombs, guns or aerosol capable of emitting obnoxious substances in gas, vapor form, liquid or solid form. (d) 'Employee' means all officers, agents and employees of an agency whe=_ther or not such officer, agent or employee has been issued a permit. (e) 'Gun' means all revolvers, pistols, rifles, fountain pen guns, riot <Iuns, shot guns, and cannons portable or fixed except those re<3ularly manufactured, and used with firearm ammunition . (f) 'Obno;pious substances' means those substances or the derivatives thereof enumerated in Section 3. (q) 'She1:1, cartridge, or bomb' means all shells, cartridges, or bombs capably=_ of being discharged or exploded by the use of percussion caps, fuse, electricity or other means to cause or permit the rele,sse or emission of the substance enumerated in Section 3. -2- SEC. 3. Prohibitions. Except As Otherwise Provided In Section 4. (a) No person shall use any shell, cartridge, bomb, gun or other devicE=_ capable of emitting any liquid, gaseous or solid substance or any combination thereof, which is injurious to person or property, or which is nauseous, sickening, irritating or offensive to any of the senses; to injure, molest, discomfort, discommode, or coerce another in the use or control of his person or property. (b) No person shall possess, discharge, use, transport, sell or offer 1:o sell any shell, cartridge, bomb, gun or other device capable of emitting chloroacetophenone (CN), o-chlorobenzalmalononitrile (CS) or any derivatives thereof in any form. (c) No person shall possess, discharge, use, transport, sell or offer t:o sell any shell, cartridge, bomb, gun or other device capable of emitting Oleo Resin Capsicum or any derivative thereof used to repel animals. SEC. 4. Exceptions. (a) Country police department authorized to use all devices, notwithstanding the prohibitions prescribed in Section 3 the Chief of Police or his subordinates may purchase, possess, discharge, use or transport such shells, cartridges, bombs, guns or other devices emitting the obnoxious substances enumerated in Section 3 in carrying out their duties. (b) Priv~ite security agencies authorized to use items (a) and (b) devices. Notwithstanding the prohibitions prescribed in Section 3 specifically relating to items (a) and (b) thereof, -3- private security officers who are employees of private police or security age=ncies may purchase, possess, discharge, use or transport such shells, cartridges, bombs, guns or other devices emitting the obnoxious substances in items (a) and (b) of Section 3 in carrying out their duties, subject, however, to the conditions prescribed in Section 6. (c) Other organizations authorized to use items (c) device. Notwil=hstanding the prohibitions prescribed in Section 3 specifically relating to item (c) thereof, employees of government ~~nd private organizations who, by necessity of their employment, are required to go on private property to carry out their duties may possess, discharge, use or transport such shells, c~srtridges, bombs, guns or other devices emitting the obnoxious :substances enumerated in item (c) or animal repellents of Section 3 subject, however, to the conditions prescribed in Section 6. SEC. 5. Permit To Be Obtained By Agency. (a) Application. Any agency desiring to purchase, possess, disch~irge, use or transport obnoxious substances authorized herein shall first file an application on forms furnished by the Chief of Police for a permit. (b) Additional requirements: (1) The application shall include the name of the officer or employee who has been authorized to purchase said devices from vendors. (2) Each agency is authorized to purchase only such devices emitting obnoxious substances as are listed on its permit. (c) The agency shall submit the names of its employees -4- who are to pos:>ess, discharge, use or transport such devices together with :Lts application for permit so that the Chief of Police may issue separate permits to the named employees submitted by the agency. (d) To dE~fray the cost of processing the permit and to administer the provisions of this Article, each agency authorized hereunder, excE~pt for government agencies and except in the case of agencies desiring to use the obnoxious substances enumerated in :>ection 3(c), shall pay to the Director of Finance a sum of $50.0(1 for its permit and a sum of $5.00 for each permit issued t:o its employees. SEC. 6. Conditions. Government: and private agencies described in items (b) and (c) in Section 4 shall be subject to the following conditions, relative to the purchase, use, storage, possession, transportation, and other requirements in connection with obnoxious substances. (a) The Chief of Police, upon application by an agency, shall determine that the possession, discharge, use and transportation of said devices are necessary due to the nature of the services performed by the agency. The Chief of Police shall have the sole authority to designate the specific service or services for which there is a necessity for the use of such devices. The devices shall be used only in connection with the performance of the service or services designated. (b) After said determination and designation, the agency shall submit a list of names of employees whom the agency intends shall possess, discharge, use and transport the devices. The -5- Chief of Police shall issue a permit to the individual employee upon finding that the employee: (1) Is of good moral character; (2) Is of the age of eighteen years or more; (3) Has not been convicted in this State or elsewhere of a crime of violence or of the illegal use, possession or sale of narcotics; and (4) Has not been adjudged insane. The agency shall cooperate in providing all such evidence as to fitness of the employee as may be required by the Chief of Police in making the foregoing findings. The permit furnished by the Chief of Police shall be carried on the employee's person whenever he has in his possession any of said devices. (c) Upon making the determination in subparagraphs (a) and (b) of this Se~~tion favorable to the requesting agency, the Chief of Polio=_ shall issue to said agency a permit authorizing it to purchase, own and control the specified device or devices capable of emitting obnoxious substances listed thereon which devices shall at all times remain subject to the exclusive owner- ship and control of the agency. A copy of all permits shall be retained on file at the Hawaii County Police Department. (d) All devices emitting obnoxious substances owned by an agency except those enumerated in Section 3(c), which may be secured in a locked compartment in the agency vehicle, shall be stored at a single location which is under the exclusive control of the agency and approved by the Chief of Police. The issuance and reissuance of said devices shall be only to -6- employees authorized pursuant to subsection (b) hereof according to controls approved by the Chief of Police. In addition, an accurate record of the issuance and turn in of all said devices as well as the number of such devices in the possession of each employee and the number in possession of the agency will be kept by the agency. (e) The F~ossession and transportation of said devices by an employee shall be, unless otherwise provided, restricted to: (1) Transportation between the place of storage and the place of performance of the approved service; (2) The location where the services for which the use oi_ such devices was approved and are being performed; and (3) Transportation from one place of performance of an approved service to another, if during the course of the em~~loyee's duties he is required to provide services at more tkian one place. (f) The employee shall discharge or use said devices only in the scope of his employment and only when reasonably necessary to perform the same. (g) The agency will be liable for the negligent use or misuse of all <ievices under its control whether or not such devices are being used by its employees within the scope of their employment; provided, however, that the penalty provision of Section 9 skull not apply to the agency for the unlawful acts of its em~~loyees unless the same are permitted or induced by the actions of the agency. -7- (h) The .records and procedures for the possession, use and transportation of such devices shall be subject to inspection by the Chief of Police from time to time. SEC. 7. Vendor To Obtain License. (a) Any person, corporation, partnership or association vending the obnoxious substances enumerated herein shall first obtain a license from the Director of Finance. (b) The vendor shall keep accurate records of the sale of said obnoxious substances including monthly inventories showing the quantity and type of devices received, inventories showing the quantity of devices on hand, accurate records of the sale of such devices including the name of the purchasing agency, date of purchase, type of obnoxious substances sold and the number of each type and such other records as the Chief of Police may require. (c) The Chief of Police shall have access to the vendor's books and records pertaining to the purchase and sale of obnoxious substances at reasonable times during business hours. (d) The :sale of obnoxious substances shall be made in case sized units as packaged at the factory and unopened except that the unopened case may be placed in a container provided by the local v.=_ndor prior to the sale. Sales of such obnoxious substances shall be made only to the duly authorized representative of the purchasing agency as provided in Sections 5 and 6 or in the case of delivery to the said agency, such delivery shall be only to the location specified in the agency's permit. Deliveries as provided for herein shall be made only by the personnel of the vendor or the delivery service in both -S- cases which are listed on the vendor's permit required by this Section. No permit shall be required for the personnel or delivery service making such deliveries. (c) The annual fee for a license under this Section shall be $25.00, which shall be payable to the Director of Finance. SEC. 8. Licenses, Permits Renewability. All licen:;es and permits issued pursuant to this Article shall be renewed every year on or before July 1. SEC. 9. Penalty. Any person violating any provision of this Article shall upon conviction be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding one year or both; and upon such conviction, any license or permit issued to any person hereunder shall be revoked. SEC. 10. Severability. If any section, subsection, sentence, clause, phrase or portion of this; Article is for any reason held invalid or unconstitution~il by any court of competent jurisdiction, such portion shall k>e deemed a separate, distinct and independent provision and :;uch holding shall not affect the validity of the remaining portions." SECTION 1. This Ordinance shall take effect upon its approval. INTRODUCED BY: ~~~ Hilo, Hawaii __ COUNCIL MEMBER, COUNTY OF HAWAII Date of Introduction: Sept. 24, 1975 Date of Adoption: October R, ].975 Effective Date: October 15, 1975 -9- ORDINANCE NO. 156 (Bi.ll No. ]66-1.975) AN ORDINANCE AMENDII4G CHAPTER 3 (REGULATIONS PROMOTING THE GENERAL WELFARE), HAWAII COUNTY CODE, BY THE ADDITION OF A NEW ARTICLR (OBNOXIOUS SUBSTANCES). Date Aporovedr October $, 1975 Date Effective: Octnher 15, 1975 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 October 9, 1975, by the following aye and no vote: AYES: ~'ouncilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, ~.ai, Levin, Yadao and Chairman Yamada - 9, NOES: None. COUNTY CLERK COUNTY OF HAtdAII Hilo, Hawaii Date: September 24, 1975 FIRST READING AYES NOES A/E Car ep nter __ X De Luz X Fujii X Hisaoka X Kawahara X Lai X Levin X Yadao X Yamada X _ 9 Publication Date: -_ StOher 1~ 7 971 Hilo, Hawaii Date: October 8. 197E+ SECOND & FINAL READING AYES NOES A/E Carpenter _ _ X De Luz X Fujii g Hisaoka X Kawahara X Lai X Levin X Yadao X Yamada X ' 9 _ 1 Publication Date: s7CT ~ ~~ /r. _ ,, We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. 0~' Council Chairman ~~~ J Counfy Clerk r 1` Approved/f/pmti~id•-th~iis'-_./ `l __._day of Mayor, County of Hawaii 166 BIII No. Reference: 0-1549/PRDLC_58, 5 ~~' M.B. No. ~-. Ord. No. _.___- Ted T. Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII HILO, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii Robelt Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No- 166 passed by the County Council on second and final reading. ~~~YJ COUNTY CLERK Encl. OC1 1175 Dated: