HomeMy WebLinkAboutORD 1981-682 1980-1984BILL No. 723
{REVISED)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3 OF THE HAWAII COUNTY
CODE, RELATING TO PEDDLING, SOLICITING, AND CANVASSING
ON PUBLIC PROPERTY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Legislative Intent. The Council of the
County of Hawaii finds that commercial peddling, soliciting,
and canvassing have increased in the county, resulting in
congestion on certain public streets and sidewalks, disturbance
to the visitor industry, and disruption of the peace and
well being of the community at large. Therefore, in order
to protect the general welfare and safety of the inhabitants
of the county, this article regulating the time, place,
and manner of peddling, soliciting, and canvassing on public
property is enacted.
SECTION 2. Chapter 3 of the Hawaii County Code is
amended by adding a new article to read as follows:
"ARTICLE 14
PEDDLING, SOLICITING AND CANVASSING ON PUBLIC PROPERTY
Section 1. Definitions.
Whenever used in this article:
(1) "Peddler" means any person traveling by foot, or
any other type of conveyance, or by wagon, automobile, or
motor truck, from place to place, from house to house, or
from street to street, carrying, conveying, or transporting
goods, wares, food, merchandise, or other personal property,
and offering or exposing the same for sale, or making sales
and delivering any goods, wares, food, merchandise, or
other personal property to purchasers.
(2} "Solicitor" or "canvasser" means any person traveling
by foot, or any other type of conveyance, or by wagon,
automobile, or motor truck, taking or attempting to take
orders for or distributing handbills for sale of goods,
wares, merchandise, or other personal property for future
delivery, or for services to be furnished or performed in
the future, whether or not such person carries or exhibits
any samples or collects advance payments on sales.
Section 2. Peddler's License Fee.
(a) No person shall peddle merchandise within the
county unless that person has a valid peddler's license
issued by the Director of Finance, except that no license
shall be required for any person peddling fish, fresh fruit,
leis, flowers, or vegetables, nor of any person who has
reached the age of sixty years.
(b) The annual license fee for a peddler's license
shall be $25 and the fee for a monthly peddler's license or
for a period less than one month shall be $5.
Section 3. Restriction in Certain Areas.
(a) Notwithstanding a provision of law to the contrary,
it shall be unlawful for any peddler to sell or offer for
sale any goods, wares, food, merchandise, or other kinds of
property or for any solicitor or canvasser to solicit orders
for or distribute commercial handbills for any goods, wares,
merchandise, or other kinds of property or services, on any
sidewalk, street or other public area in the following
designated locations:
2.
(1) [~ithin five hundred feet from the boundary of any
school property during normal school hours.
(2) In Hilo on Banyan Drive except on designated areas.
(3) In Kailua-Kona on Alii Drive between Palani Road and
Lunapule Road; on Palani Road between Alii Drive and Kuakini
Highway; and on Kaahumanu Place except on designated areas.
(4) Commercial-zoned areas in Kealakekua, Capt. Cook and
Kainaliu.
(b) Any person desiring to sell or offer for sale any goods,
wares, merchandise, or other kinds of property or solicit orders
for or distribute commercial handbills for any goods, wares, merchan-
dise, or other kinds of property or services, within the areas
designated under subsection (a)(2) and (3), shall submit a request
therefor to the Council, and the Council, upon finding that the
proposed activity will not be detrimental to the public health,
safety, and welfare, shall by resolution designate the time and
place where such activity may be conducted.
(c) The provisions of this section shall not apply to any
sale, or offer for sale, or solicitation of order conducted upon
the premises of any business establishment.
Section 4. Impeding and Obstructing the Public; Endangering
Persons and Property. It shall be unlawful for any peddler, solicitor,
or canvasser to engage in business on any public street, sidewalk, or
other public place if that person intentionally or knowingly impedes
or obstructs the public or any person in the lawful use of that
street, sidewalk, or other public place, or where that person's
business or activity endangers any person or property on that street,
sidewalk, or other public place.
-3-
Section 5. Penalties. Any person violating any provision
of this article shall, upon conviction, be punished by a
fine not exceeding $500 or by imprisonment not exceeding one
year, or by both."
SECTION 3. In the event any portion of this ordinance
is declared invalid, such invalidity shall not affect other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
NTRODUCED BY:
CO IL MEMBER,- COUNTY OF HAWAT
Hilo, Hawaii
Date of Introduction: March 18, 1981
Date of Adoption:
Effective Date:
April 1, 1981
April 10, 1981
4.
Hilo, Hawaii
sate; March 18, 19 81
FIRS°I' READING
AYES NOE5 A/E
Dahlberg X
De Luz X
Domingo X
Fujii
Hale
Kawahara
X
X
}~
Lai
Schutte X
Chr. Yamashiro X
9 0 0
Publication Date • ~Yt~~,f~~ ~ ~ 1~$1
Kailua-Kona, Hawaii
Date : ar„~; i ~ i a si ~
r __
SECOND & FINAL READING
AYES NOES A/E
Dah lbe rg
De Luz
X
Domingo
Fujii
X
Hale
X
Kawahara X
Lai
X
Schutte
X
Chr. Yamashiro
Publication Date: ~.PR 1 ~ 1981
We do hereby certify that the foregoing BILL was adapted by the
County Council and published as indicated above.
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Mayor, County of Hawai'
B i 11 N o . _^~~~ R _ ~ ~.d) .~_
Reference : 0139 . 1/PC~-2 7_
M.B. No. ___
Ord. No. ~~~
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Coun~y Clerk ~~__~~