HomeMy WebLinkAboutORD 1982-812 1980-1984. ..
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BILL NO. 873
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N~., ~/
AN ORDINANCE AMENDING ARTICLE 2, CHAPTER 3, OF THE
HAWAII COUNTY CODE, AS AMENDED, RELATING TO
PROHIBITION OF SMOKING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 17, Part V, Article 2, Chapter 3,
of the Hawaii County Code is hereby amended 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.
E. Mass transportation buses which provide to the
public general or special service on a regular and
continuing basis.
F. All areas where members of the general public are
served by agencies of the County of Hawaii in the
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transaction of business. The smoking prohibition
shall apply to an area within a fifteen-foot radius
from the point of contact with the general public,
including, but not limited to, service counters,
reception/waiting rooms, concessions, ticket booths
and box offices, and queues.
G. All offices, rooms, and areas designated as no
smoking as provided for in section 17.01.
$EC. 17.01. SEGREGATED AREAS
All departments and agencies of the County of
Hawaii shall designate segregated smoking and
non-smoking work places or work stations for employees,
except that where space restrictions do not allow for
reasonable segregation, or where it is not practicable,
such places may be exempted.
SEC. [17.01.] 17.02. EXCEPTIONS
This ordinance shall not apply to smoking rooms or
restrooms and any other area that is not enclosed.
SEC. [17.02.] 17.03. 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.] 17.04. APPLICABILITY
This ordinance shall apply to only those areas
which are properly placarded as provided by
Sec. [17.02] 17.03 of this ordinance.
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SEC. [17.04.] 17.05. 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.
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] or 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.] 17.06. 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
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not be affected thereby but shall remain in full force
and effect."
SECTION 2. In the event that any provision of this
ordinance is declared invalid, the invalidity shall not
affect other provisions or applications of this ordinance.
SECTION 3. Material to be repealed is bracketed. New
material is underscored.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
1~A~a col .~ . ~ ~.reti~
CO CIL MEMBER, COUNTY OF HAWAI
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
August 4, 1982
August 17, 1982
August 24, 1982
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Hilo, Hawaii
Date: August 4, 1982
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo g
Fujii X
Hale X
Kawahara X
Lai X
S chutte g
Ch r. Yamashiro X
8 0 1
Publication Date: AUG 1 O 1982
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Kona, Hawaii
Date: August 17, 1982
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date: Al1G 3 1 1982
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APPC?;t;~EJ as to
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Date ... Q u U_ ~G-4_19UG_....'---._.._____
Bill No. 873
Reference: PC-133
f
uncil Chair a
Dep Co my Clerk
M.B. No. __
Ord. No.~
Approved this~day of