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Home My WebLink AboutORD 1977-279 1976-1980BILL NO. 298 (REVISED COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~ A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 2, HAWAII COUNTY CODE 1975, BY ADDING A NEW PART RELATING TO PROHIBITION OF SMOKING AND THE CARRYING OF LIGHTED OBJECTS IN CERTAIN AREAS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Declaration of Legislative Intent. Substantial evidence demonstrates the health hazards faced by a nonsmoker who is required to breathe air contaminated by cigarette, cigar, or pipe smoke. Uncontrolled smoking in public places intrudes upon the nonsmoker's right to unpolluted air space. The Council of the County of Hawaii desires to protect the health, comfort and atmospheric; environment of nonsmokers attending public meetings and activities, transacting business or visiting within premises unifier the jurisdiction and control of the County of Hawaii. Therefore, pursuant to the power granted in Section 63-34 of the Hawaii Revised Statutes, relating to police matters and health, this ordiannce is enacted to ensure that smoking and the carrying of certain lighted objects in defined areas in the County of Hawaii will be so prohibited in said areas. SECTION 2. Chapter 3, Article 2, Hawaii County Code 1975, as amended, is hereby further amended by adding a new part to read as follows: "PART V. SMOKING PROHIBITED "SEC. 17. SMOKING PROHIBITED IN CERTAIN AREAS "No person shall smoke or carry a lighted cigar, cigarette or pipe in any of the following places owned and operated by the County of Hawaii: "A. Meeting or conference rooms where people are gathered; "B. Elevators, regardless of capacity; "C. Auditorium or sports area that is enclosed; "D. Community centers where people may gather for meetings, parties, or any other purpose where the area is enclosed. "SEC. 17.01. EXCEPTIONS "This ordinance shall not apply to smoking rooms or restrooms and any other area that is not enclosed. "SEC. 17.02. PLACARD REQUIRED "All areas within buildings and enclosed facilities where this ordinance is applicable shall conspicuously display a sign reading 'Smoking Prohibited by Law.' "SEC. 17.03. APPLICABILITY "This ordinance shall apply to only those areas which are properly placarded as provided by Sec. 17.02 of this ordinance. "SEC, 17.04. PENALTY "Any person violating any of the provisions of this ordinance shall be deemed guilty of a violation and upon conviction thereof shall be fined in an amount not to exceed $100.00. "A. Definition of Special Police Officer. -2- "1. 'Special Police Officer' shall mean any officer or employee of the County of Hawaii commissioned by the Chief of Police to enforce the provisions of this Article. "2. 'Police Officer' shall mean any member of the Police Department of the County of Hawaii who has been commissioned and appointed by the Chief of Police to enforce all laws of the State of Hawaii, ordinances of the County of Hawaii and rules and regulations having the effect of law. "B. EJECTMENT "Any police officer of special police officer may eject from the premises any person to whom a citation has been issued and who continues to smoke after he had been requested by the officer to stop smoking. "SEC. 17.05. SEVERABILITY "Each of the provisions of this ordinance shall be severable and if any provision shall be determined to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall not be affected thereby but shall remain in full force and effect." SECTION 3. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: May 4, :L977 Date of Adoption: June 1, 1977 Effective Date: June 13, 1977 -3- Hilo, Hawaii Dote: May 4, 1977 FIRST READING AYES NOES A/E Dahlberg g Domingo X Fujii x Garcia g Kawahara x Lai x Sameshima yt Yamashiro X Chr. Tajiri X 9 9YI Q~. Publication Date: - Hilo, Hawaii Date: June 1, 1977 SECOND & FINAL READING AYES NOES A/E Dahlberg yr Domingo X Fuj i i x Garcia X Kawahara x Lai X Sameshima R Yamashiro X Chr. Tajiri - Y 9 - - Publication Date: ..~ 4 - 7 197 ]~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Q,R7C^`d~3) ars to ~/ Council Chai n ,~~~ ~: ~",~, -~ .o nl7 ,,, Date ,.: ~~,,, J...{JI i -. __~ _ ~~ ~; County Clerk Bill No. 298 Reference: J?SC-9 _ M.B. No. - q~ Ord. No. Ry I J Y h O/' ~i ~9 HERBERT T. MATAYOSHI ~~ `~I'P~ MAYOR f t ~ ;ice e ~= p J~~ _~F:.. COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET HILO. HAW AYI 96720 April 29, 1977 County Council County of Hawaii Hilo, Hawaii 96720 Dear Council Members: STEPHEN G. BESS 2SL~~x~lg4~:wxxxua~aac Acting CORPORATION COUNSEL TELEPHONE NO. 961.8251 Re: C-216/PSC-8, Smoking - Hilo Civic Auditorium Pursuant to your request, we submit Bill No. 298 (revised). Very truly yours, ~ ~~ EARL T AKASATO Deputy Corporation Counsel ETN:if Enclosure cc: Mayor Parks and Recreation BILL NO. 298 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. A BILL FOR AId ORDINANCE AMENDING CHAPTER 3, ARTICLE 2, HAWAI.C COUNTY CODE, BY ADDING A NEW' SECTIJN RELATING TO PROHIBITION OF SMOKING AND TIC CARRYING OF LIGHTED OBJIsCTS IN CER'PAIN ARElAS. BE IT ORDAINED BY' THE COUNCIL JF THI: COUNTY OIP HAWAII: SECTIJN 1. Declaration of Le~~;i~~lative Ir_tent. The Council of the Count~~ o:' Ilau~aii desires to protect ~,he hoalth, comfort and safety o" I_ts citizens attending public rueetings and activities, transacting business and/or visitinf~ within :)remises under the jurisdiction and. control of the County oI' Hawai_i. Therefore, pursuant to the power granted in Sect-ion "i0-70 of the Hawaii Revised Statutes to protect Y.:ealth, life and property and to protect the ~_;eneral welfare and safety of the i.rthabitants of the County of Hawaii, this ordinance prohibiting smoking and carrying of lighted objects in ceri,ain areas ir. the County o~' Hawaii is enacted to insure teat smoking and the: carrying of lighted objects in certain areas in the County ~.>> Hawaii ~•till be so orohibited in those certain areas. The terms of this ordir_.ance shall be liberally construed to effectuate -the purpose si;ai;ed hc:re:in. SEC'PIJN ?. Chapter '~, Article 2, Hao~aii County Code, is hereby amended ~e~y addin„ the following' section: "SEC. 1 ). SmokinF~; Prohib:ii,ed in Certain Areas. "No person shal7_ smoke or carry a i:ighted cigar, cigarette, pipe containinE; tobacco or an~~ other nlan't or match, or use any spark, flame or fire-producing device in any of the following places oV•med and operated by the County o>= Hawai.i: "a. I~Tee~:ink; o:r conference rooms where people are gathered. "b. Elevators, regardless of capacity in any Couxity buildin~~' or facility. "c. Aud:it~rium or sports area that is enclosed. "d. Community cert,ers where people may gather for mee~l;ings, '~:art:ies, or any ether purpose where the area is enclosed. "SEC. 17.01. FxceUtions. "This ordinance shall not apply to smoking rooms ~r rest- rooms and an;y other area that is nut enclosed. "SEC. '17.02. Placard Required. "A1L1 areas within buildings and enclosed facilities where this ordinance is applicable shall conspicuously display a sign reading 'Smokirn~ Prohibst,ed by Law.' "SEC. 17.0?. Ap t~licability. "This ordinance shall apply only where the area is properly placarded as provided b;,' Sec. '17.02 of this ordinance. "SEC. '1'7.04. Penalty. "Any person violat,~.ng any of the provisions of this ordinance sha_1 be deerred guilty of a misdemeanor anal t.pon conviction thereof shall be fined in an amount nc~~t les:~, than x'10.00 nor t~~ e:xceed ~25.OG. (a) Definition of Special Police Jfficer. 1. 'Special P~li.ce Jffi.cer' shall mean. any officer car employee of the County of fIati~raii commissi~med by the Chief .~f P~~Lice i:~:> enforce the nr~w~sions of 1,his Article. -~- 2. 'Police Officer' shall mean any member o' the Police Department of the County of Hawaii who has been commissioned and appointed by the Chief of Police to enforce all laws of the State of Hawaii, ordinances of the Couni:y of Hawaii and rules and reg'ulatiuns having the effect o.f law. (b) Procedure on Arrest. Any police officer or special police officer upon making an arrest fir a violation of this Article, shall take the name and address of the alleged violator. and shall issue to him in writing a summons or citattion hereinafi~er described, notifying hire to answer to the complaint to be entered against him at a place anci_ at a time provided in said summons or citation. (c) Summons or Citation. 1. T:her.e shall be provided for use by police officers or special police officer. s, a fa rm of summons or citation for use in citing violators of this Article which dues not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted. or prescribed by the admin:i.strative judge of the district court and shall be: printed on a form commensurate with the form of other summonses or citations used in mode7~n methods of arrest, so designed. to include all necessary information t;o make t;he same valid. within the latas and regulations of the Statc; ~f Hawais and thc; County of Hawaii. _ z,_ J 2_. In every case when a citation is issued, the original of the same shall be given. to the violator; provided that the administrative judge of the dis~:rici; court ma,y prescribe bar giving to the violator a carbon copy of Lhe citatic.~n and provide for the disposition of the original and any other cop5_es. 3. Every citation shall be consecutively numbered and each carbon. copy sha7.1. bear the number of its respective on@;ina:]_. (d) E,jectmerit. Any police ofiicer or special police officer may eject fr.~n: the premises any :person. to whom a citation has been issued and. why continues i,o smoke after he had been requested by the o ffice.r t,o stop smoking. "SEC. 'I`].GS. Severabilii,j_. "Each of the p?:~ovisicns :>f this ordinance shall b severable and. ii' any provision shall be detcrrnined to b= invalid. or titnconstitutiunal by any court of competent jurisdiction the remaining; provisions sha1.1 not; be affected thereby but shall remain in fu11 force and effect,,," -u-- SECTIJN 3. Effective Date. This ordinance shall take effect upon its approval. INTI20DUCED BY: Hilo, Hawaii Date of Introd~uct;ion: Date of Adoption.: Effective Date: -5- ~~;' ~~,,, -.~ -- OFFICE OF THE COUNTY CLERK HAWAII COUNTY lUILDING COUNTY Of HAWAII KILO, XA WAII 96790 MaY 5, 1977 Refer: Bill 2gfi (RLtirISED) TG~ SECkETAHY TO ~OUNCIL COMf/1ITTEES Re: No Smoking Orliinance The following is the action of the Hawaii County Council adopted at its meeting held May 4, 7977 _. Approve and adopt Bil:L on first reading and refer back. tv Co~nittee on Public Services. COUNTY CLERK Bill No. 295', - 1977 A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 2, HAWAII COUNTY CODE 1975, BY ADDING A NEW FART RELATING TO PROHIBITION OF SMOKING AND THE CARRYING OF LIGHTED OBJECTS IN CERTAIN AREAS. This Bill amends Chapter 3, P.rticle 2, Hawaii County Code, by adding a new section relating to prohibition of smoking and the carrying of lighted. objects in certain areas. Date Introduced: May 4, 1977 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 Country Council on May 4~ 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NOES: None. ..~..:~ ~. G~/J/ COUNTY C RK COUNTY OF HAWAII ORDINANCE NO. 279 (Bill No. 298-1977) AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 2, HAWAII COUNTY CODE 1975, BY ADDING A NEW PART RELATING TO PROHIBITION OF SMOKING AND THE CARRYING OF LIGHTED OBJECTS IN CERTAIN =~.REAS. Date Approved: June 1, 1977 Date Effective: June 13, 1977 Copies of the foregoing Ordinance, in full, are on file' in the Office o£ the County Clerk for use and. examination by tYie public. I hereby certify that the foregoing Ordinance passed second. and final reading at the meeting of the County Council on June 1, 1977 by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NOE5: None. COUNTY CLE~ I/ COTJNTY OF HAWAII -~N o ~.lf t-:' ~i ~ \~ R. 8. Legaspl ~t~~ COUNTY CLERK i ~~ °~ '; ~ ~l'~.••..~H~ OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII HILO, HAWAII 9672^ Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance: Bill No. 298 Yasuki Arakaki DEPUTY COUtJTY CLERK Harry A. Takahashi LEGISLATIVE AUDITOR passed by the County Council on second final reading. /. ~ ~c g- ~~. COUNTY C RK Encl. Dated: June 1, 1977