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HomeMy WebLinkAboutORD 1978-392 1976-1980BILL NO 422 COUNTY OF HA~aAII - STATE OF HAWAII ORDINANCE No. 392 AN ORDINANCE AMENDING A3TICLE 3, CHAPTER 2 OF THE HA6dAII COUNTY CODE, RELATING TO REFUNDS OF FEES, CHARGES, PIiRMITS, AND DEPOSITS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI:=: SECTION 1. Sectiol 3.07, Article 3, Chapter 2, Hawaii County Code, is amended to read as follows: "SEC. 3.07. CHP.RGES AND FEfiS. The Department of Parks and Recreation may charge and collect reasonable fees and charges fir the use of parks and recreational grounds, facilities and equipment and for speci,il licenses, permits, concessions and. admissions in accordan~:e with duly promulgated rules and regulations. A. Refunds. 1. Fees, Charges, and Permits. The Department of Parks and Recreation may refund fees and charges charged and collected in advance of the time of use provided that: a. The department receives request Eor refund not less than one (1) working day before the time of such use. b. The request for refund is in writing accompanied tv the appropriate license, permit or other document issued by the Department of Parks and Recreaticn authorizing such use. c. The amount to be refunded exceeds Two Dollars ($2.C0). d. The Department of Parks and RecrE~ation may, by contract, require more stringent provisions for refunds than are contained in this section. 2. Deposits. The Departmen_ of Parks and Recreation may refund surety, performance, security, clean up and any other deposits imposed to assure compliance with states or or federal law, thy: County Charter, County Code or County Rules and Regulations provided that: a. The activity is conducted in compliance with provisio:s of the agreement, permit or contract. b. The facility or equipment is lef+: or returned in a condition substantially equa:_ to that existing prior to the use. c. The deposit or portions thereof Tray be retained by tze Department of Parks and Re~:reation to cover the post of repairing or restorin~3 the facility or equipment damaged or despoiled as a result of the activity for which the deposit was imposed. B. Notwithstanding any other provisions in this section, the Department of Parks and Recreation may refund fees, charges and deposits charged and collected in advance of the time of use where there is no use made of the parks, recreational grounds, facilities ~r equipment because the park, recreational grounds, facilities or equipment were unavailable under circumstances beycnd the control of the person who paid such fees, charge= or deposits. Requests for refund under this provision must be made in writing within ten (10) working days of the date that the use was to have occurred." -2- SECTION 2. Materisl to be repealed is bracketed. New material is underscored. The bracketed material or underscoring need not b' included in printing this ordinance. SECTION 3. This ordinance shall take effect up~>n its approval. INTRODUCED BY: ~i Hilo, Hawaii COUN L M E NT OF HAWAII Date of Introduction: October 4, 1978 Date of Adoption: c)ctobe.r 18, 1978 Effective Date: October 24, 1978 Hilo, Hawaii ~„~~. October 4, 1978 FIRST READING AYES NOES A/E Dahlberg X Domingo X FuJIf X . Garcia X Kawahara X Lal X Sameshlma X Tajiri X cnr.Yamashir X 7 0 Publication Dote: October 7, 1978 Holualoa, Hawaii Da*a. n..+.,t~e,- i ^ t ono SECOND • FINAL READINO AYES NOES A/E Dahlberg X Domingo X Fuji I X Garcia X Kawahara X Lai X Sameshlma X Tajiri X cnr.Yamashir X 9 0 0 Publication Date: OCTcy!j 1978 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~~[~.~ , ~s,~'~~;>311ED as to t•~~~~y and LE3AL~tY ~~ i`~. ,.w'v;t~ ~..' V.l ~...~ aJ ...~•eM..b / /) 7 Approved/eved thi day of ~t ' ~i~'~~/~ 19~-. !~'\, /, County Clerk ' / vim. i Mayor, County of Hawaii ~' ~~ 322 Bill No. Reference: C~-926/FC-54 M.B. No. ~g-- Ord. No. _ y`~~