HomeMy WebLinkAboutORD 1986-054 1984-1988COUNTY OF HAWA~I.,s,,<~.~STATE OF HAWAII
Bill No. i6s
(Draft 2)
ORDINANCE NO.
86 54
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 1, DIVISION 5,
SECTIONS 22-21, 22-'L4 and 22-25, OF THE HA6VAII COUNTY CODE,
RELATING TO THE USE OF SIDEWALKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 22, Article 1, Division 5, Section 22-21,
Hawaii County Code, is amended to read as follows:
"Section 22-21. Classes of permits.
(a) There shall be two classes of permits:
(1) Permits to place newspaper stands, news racks,
or other similar publication dispenser on public sidewalks.
(2) Permits to place other goods, wares, [or]
merchandise or cafe table services on public sidewalks.
(b) For_the purposes of this article, the term 'cafe
table service' means the use of tables and chairs for the
consumption of food and non-alcoholic bevera es on the
sicewalk area directly abutting a restaurant or cafe where
such services are also provided within the business oremises."
SECTION 2. Chapter 22, Article 1, Division 5, Section 22-24,
Hawaii County Code, is amended to read as follows:
"Section 22-24. Merchandise and cafe table service on
sidewalks; permit application.
(a) Prior to the application for a permit, to sell or
display merchandise, or to provide cafe table service on a
sidewalk, the applicant shall obtain the consent in writing
of [either] both the owner [or] and the lessee, if any, of
the land directly abutting the sidewalk area desired to be
used for any of the purposes described in section 22-20[.] or
section 22-21.
(b) The applicant shall thereafter forward these
consents, together with an application for a permit, to the
council. The application shall state the nature of the
applicant's business, the types of properties or services to
be placed on sidewalk, the description of the sidewalk area
desired to be used, and the dates and the term of use desired.
(c) Before considering the granting of the permit, the
council shall first ascertain that all of the requirements in
subsections (a) and (b) of this section have been fully
complied with.
SECTION 3. Chapter 22, Article 1, Division 5, Section 22-25,
Hawaii County Code, is amended to read as follows:
"Section 22-25. Sidewalk use consideration; time limit;
space occupied; liability.
(a) The council shall ascertain whether the use of the
sidewalk described by the permittee shall unreasonably impede
the pedestrian flow in the area desired or endanger the
public in any way.
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(b) Upon the finding that the use will not unreasonably
endanger the public use of the sidewalk or unreasonably
impede pedestrian traffic, the council shall grant a permit
to the applicant for a specified period, not to exceed seven
days to use a specified sidewalk area for the purposes
applied for except that cafe table service may be granted for
a period longer than seven days not to exceed one year.
(c) The permit shall contain a provision that such
properties or services will [not cover more than two-thirds
of the width of the sidewalk and will not exceed a height of
four feet.] cover only that portion of a sidewalk which
allows for at least six feet of unobstructed and unimpeded
pedestrian traffic and will not exceed a height of four
Peet. All properties and services placed on sidewalks shall
be removed from the sidewalk at the close of business hours.
(d) The holder of this permit shall indemnify and save
harmless the County, the officers and agents thereof, from
all claims, demands, suits, actions or proceedings of every
name, character and description which may be brought against
the County for or on account of any injuries or damages to
any person or property received or sustained by any person by
or in consequence of any act or acts of the holder of the
permit for actions done under this permit."
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(e) Additionally, there shall be submitted with all
permit applications for cafe table service, a certificate of
insurance or a copy of public liability insurance policy
issued by a carrier to be approved by the Finance Director
and the Corporation Counsel, and including as an additional
named insured the County of Hawaii, its officers,
representatives, employees, and agents, covering any claim or
liability for damages, injuries or death resulting from any
of the uses permitted hereunder. The minimum amount of
coverage under such policy shall be $500,000 per occurrence
for bodily injury or death and $50,000 per occurrence for
property damage. The policy shall be kept in force for the
entire period of the permit. Neither the holder of the
permit nor the carrier shall cancel the policy except upon
30 days prior written notice to the Council.
SECTION 4. Chapter 22, Division 5, Hawaii County Code, as
amended, is further amended by adding a new section to be
appropriately numbered and to read as follows:
"22- Fees. (a) The applicant for a permit shall be
required to pay, at the time of making an application, a fee of
$5.00 per calendar month for each business establishment whose
abutting sidewalk is to be used for sidewalk activity."
SECTION 5. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material and underscoring need not be included.
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SECTION 6. If any provision of this ordinance or the
application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without
the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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Hilo, Hawaii
Date of Introduction: Dray 7, 1986
Date of 1st Reading: May 7, 1986
Date of 2nd Reading: June 4, 1986
Effective Date: June 9, 1986
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