HomeMy WebLinkAboutBIL 159 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
y BILL NO. 159
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14, RELATING TO GENERAL WELFARE,
CHAPTER 22, RELATING TO STREETS AND SIDEWALKS, AND CHAPTER 24,
RELATING TO VEHICLES AND TRAFFIC, OF THE HAWAII COUNTY CODE 1983 (1995
EDITION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance 98-135 adding a new article to chapter 22 entitled "Coasters,
Roller Skates, Roller Blades, Skateboazds, and Similar Devices," is repealed in its entirety.
SECTION 2. Chapter 24, article 1, section 24-4, of the Hawaii County Code 1983 (1995
edition), is amended to read as follows:
Section 24-4. Use of coasters, roller skates, roller blades, skateboards.
and other similar devices prohibited.
(a~ No person [upon roller skates, or riding in or by means of any coaster, toy
vehicle, or similaz device, shall go] shall ride a coaster, roller skates. roller
blades, skateboard, or any similar device upon any roadway except while
crossing a street [on] in a crosswalk and when so crossing such person
shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians.
(b~ No person shall ride a coaster, roller skates. roller blades. skateboard, or
anv similar device upon anv sidewalk or sidewalk area, except upon a
permanent or temporary driveway specificall~gnated and authorized
for such use, in the following designated locations:
f~ Within the downtown Hilo commercial area bounded by the
Wailuku River on the west; Hilo Bav on the north: twenty feet east
of the eastern most boundary of Ponahawai Street (this boundary
shall also continue in a northerly direction, from the point twenty
feet east of the Ponahawai Street and Kamehameha Avenue
intersection, across Kamehameha Avenue, through Bavfront Pazk
and the Hawaii Belt Road, to Hilo Bayl on the east; and twenty
feet south of the southern most boundary of Kapiolani and
Kaiulani Streets on the south (including the portion of Waianuenue
Avenue which is contiguous to Kapiolani and Kaiulani Streets).
SECTION 3. Ordinance No. 99-1, adding a new article to chapter 22 entitled "Soliciting
for Money or Objects of Value," is repealed in its entirety.
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SECTION 4. Chapter 14, Hawaii County Code 1983 (1995 edition), is amended by
adding a new article to be appropriately numbered and to read as follows:
Article SolicitinE for Money or Objects of Value.
Section 14- Definitions.
u As used in this article, unless otherwise specified:
"Aggressive manner" means:
u Approaching or speaking_to a person, or following a person
before, during or after soliciting if that conduct is intended
or is likely to cause a reasonable person to fear bodily harm
to oneself or to another, or damage to or loss of property or
otherwise be intimidated into ig ving money or other thing
of value;
Continuing to solicit from a person after the person has
given a negative response to such soliciting;
Intentionally or knowingly touching or causing phvsical
contact with another person without that person's consent
in the course of soliciting:
~D Intentionally or knowingly blocking or interfering with the
safe or free passage of a pedestrian or vehicle by any
means, including unreasonably causing a pedestrian or
vehicle operator to stop or to take evasive action to avoid
phvsical contact;
Using violent or threateninggestures toward a person
solicited;
Following the person beinn. solicited, with the intent of
asking that person for money or other things of value:
u Speaking in a volume unreasonably loud under the
circumstances. A person shall be considered to be speaking
in a volume which is unreasonably loud, if considering the
nature and puroose of the person's conduct and the
circumstances known to the person, including the nature of
the location and the time of the dam t, the person's
conduct involves a gross deviation from the standard of
conduct that alaw-abiding citizen would follow in the same
situation. or if the person fails to heed the admonition of a
police officer that they aze speaking in a volume which is
unreasonably loud and that thev should reduce the volume
of their speech: or
Soliciting mone~from anyone who is waiting in line for
entry to a building or who is waiting in line for an o
pumose•
"Automated teller machine" means a device. linked to a financial
institution's account records, which is able to cam out
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transactions, includine. but not limited to: account transfers.
d~osits, cash withdrawals, balance inquiries, and mort,g_age and
loan tea, m
"Automated teller machine facility" means the area comprised of
one or more automatic teller machines, and any adjacent space
which is made available to bankine customers after regular
bankine hours.
"Downtown Hilo commercial area" means the area of Hilo
bounded by the following: the Wailuku River on the west; Hilo
Bav on the north: twenty feet east of the eastern most boundary of
Ponahawai Street (this boundary shall also continue in a northerly
direction. from the point twenty feet east of the Ponahawai Street
and Kamehameha Avenue intersection, across Kamehameha
Avenue. through Bayfront Park and the Hawaii Belt Road, to Hilo
Bayl on the east: and twenty feet south of the southern most
boundary of KaQiolani and Kaiulani Streets on the south (including
the portion of Waianuenue Avenue which is contiguous to
Kapiolani and Kaiulani Streetsl.
L5,2 "Financial institution" means any Hawaii financial institution as
defined in chapter 412 of the Hawaii Revised Statutes.
u "Intentionally" shall be as defined in section 702-206 of the
Hawaii Revised Statutes.
L7,~ "Knowingly" shall be as defined in section 702-206 of the Hawaii
Revised Statutes.
"Public place" means a place to which the public or a substantial
group of persons has access including, but not limited to, any
street, highway. sidewalk, parking lot, plaza. transportation
facility. school, place of amusement, park, or play rg
ound.
"Restaurant" means any,retail eating establishment where meals or
food are served or provided for on-site consumption by seated
patrons that is licensed by the deparhnent of health to operate as a
food service establishment.
"Soliciting" means asking for money or objects of value, with the
intention that the money or object be transferred at that time, and at
that place. Soliciting shall include usin tg he spoken, written, or
printed word. bodily gestures, signs. or other means with the
pumose of obtaining an immediate donation of money or other
thing of value or solicitine the sale of goods or services.
Section 14- .Prohibited acts.
f a~ The following_acts are prohibited within the areas described in
subsection (bl of this section.
No person shall solicit in an aQeressive manner in any public place.
f 2~ No person shall solicit while under the influence of alcohol or a
controlled substance.
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No person shall solicit by statioe that funds are needed to meet a
specific need. when the solicitor has the funds to meet that need.
does not intend to use funds to meet that need. or does not have
that need.
f~ No person shall solicit on private or residential property without
permission from the owner or other person lawfully inpossession
of such property
L5,2 No person shall solicit within twenty feet of public toilets.
X6,2 No person shall solicit within twenty feet of any entrance or exit of
any financial institution or within twenty feet of any automated
teller machine without the consent of the owner of the property or
another person legally inpossession of such facilities. Provided,
however. that when an automated teller machine is located within
an automated teller machine facility. such distance shall be
measured from the entrance or exit of the facility.
No person shall solicit within twenty feet of any entrance or exit of
any restaurant without the consent of the owner of the ~operty or
another person legally inpossession of such facility.
No person shall solicit within ten feet of any entrance or exit to a
building without the consent of the owner of the propert}_or
another person le alg lv inpossession of such facility. with the
exception of public toilets, financial institutions, or restaurants
from which solicitine shall be prohibited within twenty feet of the
entrance or exit.
No person shall solicit within ten feet of any pay telephone.
provided that when a pay telephone is located within a telephone
booth or other facility. such distance shall be measured from the
entrance or exit of the telephone booth or facility.
No person shall solicit an operator or other occupant of a motor
vehicle while such vehicle is located on any street, for the purpose
of performing or offering to perform a service in connection with
such vehicle or otherwise solicitine the sale of goods or services.
Provided. however, that this paragraph shall not apply to services
rendered in connection with emergency repairs requested by the
aerator or passen¢er of such vehicle.
11 No person shall solicit in any public transportation vehicle: at any
bus station or stop; or in any public parking lot or public pazking
structure.
No person shall solicit from any operator or occupant of a motor
vehicle on a public street in exchange for blocking occupying, or
reserving a public pazking~ace, or directing the operator or
occupant to a public parking space.
Designated areas.
L1,~ Within the downtown Hilo commercial area.
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Section 14- .Enforcement.
It shall be the duty of the officers of the police department and such
officers as are assi ng_ed by the chief of police to enforce the provisions of this
article.
Section 14- .Form of summons or citations.
There shall be provided for use by authorized police officers a form of
summons or citation for use in citine violators of those traffic laws which do not
mandate the physical arrest of such violators.
Section 14- .Penalties.
Anv violation of this article shall constitute a petty misdemeanor
punishable by imprisonment for not more than thirty days or by a fine not to
exceed one hundred dollars, or by both.
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.
SECTION 6. 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.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBE Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
:.U.... 508.;
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