HomeMy WebLinkAboutORD 1993-077 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. ? ~
(Draft 2)
ORDINANCE NO. 33 ~~
AN ORDINANCE AMENDING CHAPTER 2, HAWAII COUNTY CODE 1983, BY
ADDING A NEW ARTICLE RELATING TO RECOVERY OF RESCUE EXPENSES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Hawaii County Code 1983, is amended
by adding a new article to be appropriately numbered and to read
as follows:
"Article Recovery of Rescue Expenses.
Section Definitions. As used in this article,
the following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is
intended•
'County' means the County of Hawaii.
'Gross negligence' means conduct which is either
intentional or committed under circumstances exhibiting a
reckless disregard for the safety of oneself or of others.
'Person' means any individual, corporation,
association, partnership, firm, trustee, or legal
representative.
'Recoverable expenses' means those expenses that are
reasonable, necessary and allocable to the rescue
operation. Recoverable expenses shall not include normal
expenditures that are incurred in the course of providing
what are traditionally local services and responsibilities,
such as routine fire fighting. Expenses allowable for
recovery may include, but are not limited to:
a. Materials and supplies acquired, consumed and
expended specifically for the purpose of the rescue
operation.
b. Compensation of employees for the time and
efforts devoted specifically for the purpose of the
rescue operation.
c. Rental or leasing of equipment used
specifically for the rescue operation such as
protective equipment or clothing, scientific and
technical equipment, helicopters, boats or bulldozers.
d. Repair costs for equipment owned by the
County that is damaged during the rescue operation.
e. Replacement costs for equipment owned by the
County that is damaged beyond use or repair, if the
equipment was a total loss and the loss occurred
during the rescue operation.
f. Special technical services specifically
required for the rescue operation such as costs
associated with the time and efforts of technical
experts or specialists not otherwise provided by the
county.
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a. Other special services specifically reauired
for the rescue operation.
h. Medical expenses incurred as a result of the
rescue operation.
i. Legal expenses that may be incurred as a
result of the rescue operation, including efforts to
recover expenses pursuant to this ordinance.
'Rescue operation' means the effort to free or remove
an individual or individuals placed in a situation of
distress or peril from any confinement, violence or dancer.
Section Gross Negligence. Anv and all persons
who, because of gross negligence, cause or contribute to the
placement of an individual or individuals in a situation of
distress or peril which results in a rescue operation shall be
liable to the county for all recoverable expenses resulting from
the rescue operation. This shall be in addition to any and all
penalties provided by law.
Section Recovery of Expenses.
a) COllnty per50nnel dnd departments 1nVO1Ved In
a rescue operation shall keep an itemized record of
recoverable expenses resulting from the rescue
operation. Promptly after completion of the rescue
operation, the appropriate department shall certify
those expenses to the Office of the Corporation
Counsel.
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Sb) Submission of claim. The Office of the
Corporation Counsel, on behalf of the County, shall
submit a written itemized claim for the total
recoverable expenses incurred by the county for the
rescue operation to the responsible person or persons
and a written notice that unless the amounts are paid
in full within 30 days after receipt of the claim and
notice, the county will file a civil action seeking
recovery for the stated amount.
Sc) Civil Suit. The county may bring a civil
action for the recovery of all recoverable expenses
against any and all persons causing or responsible for
the placement of the individual or individuals in a
situation of distress or peril which results in a
rescue operation."
SECTION 2. Severability. If any provision of this
ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does 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 severable.
SECTION 3. New material is underscored. In printing this
ordinance, the underscoring need not be included.
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SECTION 4. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
0864)
INTRODUCED BY:
August 11, 1993
August 19, 1993
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July 28, 1993
July 28, 1993