HomeMy WebLinkAboutORD 1994-103 1992-1994COUNTY OF HAWAII , ',;;STATE OF HAWAII
BILL NO. 282
ORDINANCE NO. 94 103
AN ORDINANCE AMENDING CHAPTER 29, ARTICLE 3 OF THE HAWAII COUNTY
CODE 1983, RELATING TO PENALTIES FOR VIOLATIONS OF THE TRAFFIC
CODE BY DECRIMINALIZING SUCH VIOLATIONS.
HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. In 1993, the Hawaii state legislature
passed Act 214, which is intended to decriminalize many traffic
offenses and lead to eliminating most traffic arraignments,
disposing of uncontested violations by mail and holding informal
hearings where the violation or the proposed penalty is
questioned. In keeping with the statute's stated purpose to
"... decriminalize all but the most serious traffic offenses,"
this bill has as its goal, the removal of the possibility of
imprisonment from all but a few serious offenses in the County
Code.
SECTION 2. Section 24-16, Article 3, Chapter 24 is amended
to read as follows:
Section 24-16. Penalties. Unless otherwise provided for
elsewhere in this chapter, or in the Hawaii Revised Statutes, as
amended, any person convicted of a violation of any section or
provision of this chapter shall be punished by a fine of not more
than $100 (or five days imprisonment] for the first conviction;
not more than $200 [and/or ten days imprisonment] for the second
conviction of a second offense committed within one year after
the date of the first offense; not more than $500 [and/or thirty
days imprisonment] for the third or subsequent conviction of a
third or subsequent offense committed within one year after the
date of the first offense.
SECTION 3. Section 24-183, Division 6, Article 7,
Chapter 24 is amended to read as follows:
Section 24-183. Penalty. Any person violating any of the
provisions of this division (shall be deemed guilty of a
misdemeanor and upon conviction thereof] shall be fined in an
amount not exceeding $250. Each day such violation is committed
or permitted to continue shall constitute a separate offense and
shall be punishable as provided in this division.
SECTION 4. Material to be deleted is bracketed. In
printing this ordinance, the bracketing need not be included.
SECTION 5. If any provision of this ordinance, or the
application thereof to any person or circumstance, 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.
-2-
SECTION 6. This ordinance shall take effect upon the first
day of the month following ninety days after enactment.
Hilo, Hawaii
Date of Introduction: August 24, 1994
Date of 1st Reading: August 24, 1994
Date of 2nd Reading: September 7, 1994
Effective Date: January 1, 1995
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INTRODUCED BY:
OFFICE OF THE COUNTY CLERK
Coun of Hawaii
Hilo ,Hawaii ~ , C'-: -- ~-
' 9'f SEP 13
iFFl!;c '
Introduced By: James Y. Arakaki
Date Introduced: August 24, 1994
First Reading. August 24, 1994
Published: August 31, 1994
REMARKS:
SernndReading:
To Mayor:
Returned:
Effective:
Published:
REMARKS: September
September
September
January 1,
September 7, 1994
7, 1994
13, 1994
1995
19, 1994
fli 113 13
~'i Cl_EF:
I~~;i~ vb''E I I
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS
DE LIMA X
DOMINGO
HALE X
RATH X
ROSEHILL X
SCHUTTE
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
BONK-ABRAMSON X
CH[LDS X
DE LIMA X
DOMINGO X
HALE X
BATH
ROSEHILL X
SCHUITE
0 0
I DO HEREBYCERTIFI'that the foregoing BILL was adopted by the County Council and published as
indicated above.
APPROVED as to
~ORM and LEGALITY ~. pa~~ir/la'~ _
~ i? mil A 1~I
~RPORATION COUNSI
COUNTY Of HAWAII
Date
Appr ved ~ed this ~-3 day
of ~ , 19~`_
YOR COUi`~~HAWAII
Bill No.: 282
Reference: CC- 17~p
Ord. No.: ~~