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HomeMy WebLinkAboutORD 1993-105 1992-1994COUNTY OF HAWAII :STATE OF HAWAII BILL NO. 98 ORDINANCE NO. 93 .1.05 A BILL FOR AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 1, DIVISION 7, SECTION 22-31 OF THE HAWAII COUNTY CODE 1983, RELATING TO THE RESTRICTION OF PEDDLING, SOLICITING, AND CANVASSING ON PUBLIC PROPERTY IN CERTAIN AREAS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 22, Article 1, Division 7, Section 22-31 of the Hawaii County Code, is amended as follows: "Section 22-31. Restrictions 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: (1) Within 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 Palani Road between Kuakini Highway and Alii Drive to the north, including that area known as Kaahumanu Place, and extending southward along Alii Drive to [Lunapule Road] its terminus except on designated areas. (4) Commercial-zoned areas in Kealakekua, Capt. Cook and Kainaliu. (5) Areas along the Mamalahoa Highway fronting, and inclusive of the entrance and exit, to the Lucy Henriques Medical Center. (6) Areas along Kawaihae Road and Lindsey Road, fronting Waimea Civic Center, Anuenue Playground, and Waimea Park. (h) 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, merchandise, 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 2. Material to be deleted is bracketed, new material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. -2- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. /~~~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: September 22, 1993 Date of 1st Reading: September 22, 1993 Date of 2nd Reading: October 13, 1993 Effective Date: October 19, 1993 A~'P~20VED as to IF ~.~ and LITY --~ Y CO~POR;1?ION COUNSEL CO/U,~N/TYCO/F HAWAII Data J ~L~.ll 93 -3- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii f 1 ROLL CALL VOTE Introduced By: Robert F. Rosehill Date Introduced: September 22 , 1993 AYES NOES ABS EX First Reading: September 22 , 1993 ARAKAKI X Published: NA (-ABRAMSO J X CT-TT T LDS X REMARKS: DE LIMA X . nnmTNrn X . HALE X RATH X RfSFHT T,T, X S EJT'E X - S 0 1 0 Second Reading: October 13 , 1993 ROLL CALL VOTE To Mayor: October 14 , 1993 t - - Returned: October 19 , 1993 AYES NOES ABS EX Effective: Wilier 19 1993 ARAKAKI _ X Published: 199 X _ CHILDS X REMARKS: DE LTMA x nnMT NM , X , HALF X RATH X FnSFHT LT. X Saar= x 7 2 0 _ 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. -7- APPROVED as to �/ FORM and GAMY O"if%� / 'W- CORPOP TION COUNSEL COUNCIL CHAIRMAN COUNTY OF HAWAII •'r_ T y ''\ 1 n's ) 4, ,,, _______, Date OCT 1 5 1993 CO UN 'Y CL jRK App v4/ approved this /p rZ day of V .o6-er , 199 ' — Qk.0->141----' i -,i • YOR, COUNTY OF HAWAII Bill No.: 98 10 Reference: C-4 5 9/HS PWC-5 6 Ord. No.: 93 105