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Home My WebLink AboutORD 2009-082 2008-2010 0 Vol, yI,G~ COUNTY OF HAWAII STATE OF HAWAII ?ri ui'Hi,M O~ BILL NO. 66 ORDINANCE NO. (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 24, article 7, division 3, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "SECTION 24- Use of mobile electronic devices while operative a vehicle. (a) As used in this section, unless the context clearly requires otherwise: "Emergency responders" include fire fighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers. "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. "Operate a motor vehicle" means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. "Use or using" means holding a mobile electronic device while operating a motor vehicle." (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with a hands-free device Any person convicted of violating this subsection shall be subject to a maximum fine of $150. (c) Whoever operates any vehicle while using a mobile electronic device unless used with a hands-free device, in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property shall be fined not more than $500. (d) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this ordinance. (e) The following persons shall be exempt from the provisions of subsections (b) and (c): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two-way radios while in the performance and scope of their work-related duties; and (3) Drivers holding a valid amateur radio operator license issued by the federal communications commission and using half-duplex two-way radio." SECTION 2. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 3. 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 4. This ordinance shall take effect on January 1, 2010. INTRODUCED BY: COUNCIL ME ER, COUNT O HAWAI` Kona , Hawaii Date of Introduction: June 2, 2009 Date of 1" Reading: June 2., 2009 Date of 2"d Reading: June 16, 2009 Effective Date: January 1, 2010 REFERENCE: Comm. 262.11 2 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Pete Hoffmann ~tOLJ CALL V TE Date Introduced: June 2, 2009 ~I. UAL N S `ABS EX First Reading: June 2, 2009 Enriques !^X11 k Published: June 12, 2009 Ford Greenwell X REMARKS: Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X Second Reading: June 16, 2009 8 1 0 0 To Mayor: June 17, 2009 Returned: June 26, 2009 ROLL CALL VOTE Effective: January 1, 2010 AYES NOES ABS EX Published: July 3, 2009 Enriques X Ford X REMARKS: Greenwel I X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto x 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRPERSON DV~LW CORPORA ION COUNSEL COUNTY OF HAWAII rCO NTYCLERK Date 66 (Draft 2) Bill No.: C-262.11/PSPRC-11 Approve is~rpproved this da Reference: y 20 Ord No.: ~ 82 MAYOR, COUNTY OF HAWAI'1 Ordinances Numbered 09-82, 09-83, 09-84, 09-85, 09-86, 09-87, & 09-88 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on June 16, 2009, by vote, as listed below: Ordinance 09-82 (Bill 66, Draft 2): An Ordinance Amending Chapter 24, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Inattention to Driving. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Greenwell - I; EXCUSED: None. Ordinance 09-83 (Bill 77): An Ordinance Amending Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Motor Vehicle Driver's Permit and License Fees. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto- 8; NOES: None; ABSENT: Council Member Greenwell - 1; EXCUSED: None. Ordinance 09-84 (Bill 78): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 30, 2009. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Greenwell - l; EXCUSED: None. Ordinance 09-85 (Bill 79, Draft 2): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July I, 2008 to June 30, 2009. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Greenwell - l; EXCUSED: None. Ordinance 09-86 (Bill 93): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto- 8; NOES: None; ABSENT: Council Member Greenwell - l; EXCUSED: None. Ordinance 09-87 (Bill 94, Draft 2): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto- 8; NOES: None; ABSENT: Council Member Greenwell - l; EXCUSED: None. Ordinance 09-88 (Bill 95): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Greenwell - 1; EXCUSED: None. Kenneth G. Goodenow County Clerk (Hawai`i Tribune-Herald - July 3, 2009) (West Hawaii Today - July 3, 2009) Note: The original Digest/Affidavit is attached to Ordinance 09-82.