HomeMy WebLinkAboutORD 1983-910 1980-1984i
BILL NO. 983
(Draft 2)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE ~w, .71~
AN ORDINANCE RELATING TO THE REVISION AND CODIFICATION OF
THE GENERAL AND PERMANENT ORDINANCES OF THE COUNTY OF
HAWAII; ENACTING THE HAWAII COUNTY CODE 1983; REPEALING
PRIOR ORDINANCES; AND OTHER MATTERS RELATING THERETO.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Enactment of Hawaii County Code.
The Hawaii County Code, consisting of chapters 1
through 27, attached hereto, is hereby enacted as law and
designated as "Hawaii County Code 1983," and may be cited as
"HCC."
SECTION 2. Repeal of Prior Ordinances; Exceptions.
All ordinances adopted prior, to June 30, 1982, which
are embraced, in whole or in part, with or without change,
in the Hawaii County Code 1983, are hereby repealed and so
much of the Hawaii County Code 1983 as is applicable or
corresponds thereto shall be in force in lieu thereof;
provided that the repeal shall not apply to or affect the
following, except to the extent that they are theretofore
superseded or repealed.
(a) Any ordinance adopting or amending the County of
Hawaii General Plan.
(b) Any ordinance establishing or amending the land
use district classification of lands.
(c) Any ordinance relating to the appropriation of
funds, bonds, improvement districts, and salaries of
employees.
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(d) Any provision in the nature of a savings clause or
short title, or relating to constitutionality, legislative
findings or intent, interpretation, or the repeal of laws.
(e) Any provision as to the time at which or the
manner in which provisions embraced in the Hawaii County
Code 1983 were or are to take effect or apply, or other
transition provisions.
SECTION 3. Preservation of Rights, Liabilities, and
Penalties for Offenses.
(a) The repeal by section 2 of this ordinance shall
not affect or impair any act done or right vested or
accrued, or any proceeding, suit, or prosecution commenced
in any cause before the repeal shall take effect; but every
such act done, right vested or accrued, proceeding, suit, or
prosecution commenced shall continue and may be enforced in
the same manner and with the same effect as if the repeal
had not been made.
(b) No offense committed, and no penalty, liability,
or forfeiture, either civilly or criminally incurred prior
to the effective date of the Hawaii County Code 1983, shall
be discharged or affected. Prosecutions and suits for such
an offense, liablities, penalties, or forfeitures shall be
instituted and prosecuted in all respect in the same manner
and with the same effect as if the repeal had not been made.
SECTION 4. Construction of Hawaii County Code.
Provisions in the Hawaii County Code 1983 shall be
construed as continuations or amendments of applicable or
corresponding provisions of previously existing ordinances
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or codes and not as new enactments. In case of a conflict
between two or more provisions or in any case of a latent or
patent ambiguity or obvious clerical error, reference may be
had to the previously existing ordinances or codes for the
purposes of applying the rules of construction relating to
repeal by implication or for the purpose of resolving the
ambiguity or correcting the error.
SECTION 5. References in Unrepealed Ordinances.
References in ordinances not repealed to provisions
embraced in the Hawaii County Code 1983 shall be construed
as applying to the provisions of the Hawaii County Code 1983.
SECTION 6. Effect of Enactment.
The enactment by section 1 of this ordinance of the
Hawaii County Code 1983 shall not affect or repeal the
ordinances adopted after June 30, 1982, which have become
law prior to the effective date of the Hawaii County
Code 1983; but all such ordinances shall have full effect,
and so far as these ordinances vary from or conflict with
any provision contained in the Hawaii County Code 1983, they
shall have effect as subsequent ordinances and as amending,
repealing, or adding to the Hawaii County Code 1983. For
the purposes of incorporation into the Hawaii County
Code 1983, all references in ordinances adopted after
June 30, 1982, to the "Hawaii County Code," the "Hawaii
County Code of 1975," or to any previously existing
ordinance shall be deemed to refer to the applicable or
corresponding provisions of the Hawaii County Code 1983.
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SECTION 7. Revivor.
The repeal of any ordinance by section 2 of this
ordinance, which itself repealed a former ordinance or
provision, shall not be construed as reviving such former
ordinance or provision.
SECTION 8. Correction of Errors.
The corporation counsel may correct, before the
publication of the Hawaii County Code 1983 in bound volume,
typographical and grammatical errors, erroneous references
to sections, and other mistakes obviously made through
oversight or accident, and may also make any other purely
formal or clerical changes in keeping with the purpose of
the revision.
SECTION 9. Printing, Distribution, and Sale.
The corporation counsel is directed to make
arrangements for the printing, distribution, and sale of
volumes of the Hawaii County Code 1983.
SECTION 10. Copies for Public Inspection.
There shall be at least one copy of the Hawaii County
Code 1983 available for examination by the public at the
County clerk's office.
SECTION 11. Effective Date.
This ordinance shall take effect upon approval.
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
INTRODUCED BY: Asi~~^~
UNCIL MEM COUNTY OF HAWAII
June 22, 1983
July 6, 1983
July 11, 1983
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Hilo, Hawaii
Harp: June 22. 1983
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuj i i X
Haie
Kawahara X
X ~_
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date:
Hilo, Hawaii
Hate: July 6, 1983
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:
JUL 21 19$3
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APPROVED as to
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note ----JI.IL-------~--1983----•-----_.
c 1 Chair
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County Clerk
Approved/n~~~= - ~ this' day of
19 ~_.
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Mayor, County of Hawaii
Bill No. 983 .~l~~n•„
Reference: C-1255
M.B. No.
Ord. No. 4~f A