HomeMy WebLinkAboutORD 1995-090 1994-1996COUNTY OF HAWAII„_ ~~~'""~sTATE
OF HAWAII
BILL NO. 85
(DRAFT 2)
ORDINANCE NO. 95 90
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 2, OF THE HAWAII COUNTY
CODE, 1983, RELATING TO OBNOXIOUS SUBSTANCES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this bill is to delete oleo resin capsicum (a.k.a.
pepper spray) from the definition of obnoxious substances and to amend the pertinent sections of
this article to reflect that change. The deletion of oleo resin capsicum from this article will allow
persons to purchase and possess this substance for use for self defense and protection purposes.
SECTION 2. Chapter 14, Article 2, Sections 14-8, 14-9 and14-10, of the Hawaii County
Code, 1983, are amended as follows:
"Section 14-8. Possession and use of obnoxious substance prohibited.
(a) No person shall use a shell, cartridge, bomb, gun, or other device capable of emitting
any liquid, gaseous, or solid substance or any combination thereof, which is injurious to a person
or property, or which is nauseous, sickening, irritating or offensive to any of the senses; to
injure, molest, discomfort, discommode, or coerce another in the use or control of their person or
property or eneaee in a "crime of violence" as defined in HRS Title 37. which involves injury or
threat of injury to the person or prooerty of another.
(b) No person shall possess, discharge, use, transport, sell, or offer to sell any shell,
cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN),
o-chlorobenzalmalononitrile (CS), or their derivatives in any form.
[(c) No person shall possess, discharge, use, transport, sell, or offer to sell any shell,
cartridge, bomb, gun, or other device capable of emitting oleo resin capsicum or its derivative.]
Section 14-9. Exceptions.
(a) The chief of police and his subordinates may purchase, possess, discharge, use, and
transport shells, cartridges, bombs, guns, and obnoxious substances in carrying out their duties.
(b) Notwithstanding the prohibitions prescribed in section 14-8 (a) and (b), private
security officers who are employees of licens private police or security agencies may
purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns, and other devices
in carrying out their duties, subject however, to the conditions prescribed in sections 14-11 and
14-12.
(c) [Notwithstanding the prohibitions prescribed in section 14-8 (c), an] An employee of
a government or private organization who, by necessity of employment, is required to go on
private property to carry out a duty, may possess, dischazge, use, or transport shells, cartridges,
bombs, guns, and other devices subject to the conditions prescribed in section 14-12.
Section 14-10. Permit required for agency.
(a) Any agency desiring to purchase, possess, discharge, use or transport an obnoxious
substance shall first file an application for a permit on forms provided by the chief of police.
The application shall include the name of the officer or employee who has been authorized to
purchase the obnoxious substance from a vendor.
(b)The agency shall submit the name of each employee who is to possess, discharge, use
or transport the device together with its application for permit, so that the chief of police may
issue separate permits to each of the named employees.
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(c) Each agency except for government agencies [and agencies applying to use an
obnoxious substance as provided in section 14-8 (c),] shall pay to the director of finance a sum
of $50 for its permit and a sum of $5 each permit issued to its employees.
(d) Each agency is authorized to purchase only the device emitting an obnoxious
substance listed on its permit. The device shall at all times remain in the exclusive ownership
and control of the agency."
SECTION 3. Materials to be repealed are bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 4. If any provision of this ordinance or 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 provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
IN RODUCED BY:
COUN IL MEMBER, COUNTY OF HAWAII
COUNTY OF HAWAII
Hilo
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Date of Introduction: June 1, 1995
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Date of 1st Reading: June 1, 1995 .
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Date of 2nd Reading: August 2, 1995 ''' - '~~ " ! __
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Effective Date:
August
8, 1995 '.~YJ,
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OFFICE OF THE COUNTY CLERK
Cotmty of Hawaii
Hilo Hawaii
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!T)RAFT J1.
Introduced By:
Date Introduced:
Fust Reading:
Published:
Jim Rath & James Y. Arakaki
June 1, 1995
June 1, 1995
June 7
REMARKS:
Referred back to Finance Cmmittee -
Second Reading: A
To Mayor: August 3. 1995
Returned: Anal Rt 4, 1995
Effective: Aurn~ct R, 1995
Published Auoust 18. 1995
REMARKS:
I DO HEREBY C
indicated above.
APPROVED ds to
FORAA7and L~GALN
JRPORATION COUNSEL
COUNTY OF HAWAII
Approy~jd/i~isalsp this ~ day
~~--
Y R,COUNTYO HAWAII
ROLL CALL VgTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Ctutds X
De Limn X
Domino X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki }{
Bonk-Abramson X
Childs X
De Lima X
Domingo }{
Osorio }{
~~ X
Ray X
Smith }[
8 0 1 0
adopted by the County Council and published as
Bit1No.: 85 (Draft 2
C-379/ 6
Referrnce: ~_
Ord No.:
~ COUNTY CLERK