HomeMy WebLinkAboutBIL 266 Draft 01 1998-2000 OFFICE INFORMATION ONLY
Meeting: Environmental Management Committee - 12/20/2004
Action: Close file via Comm. 38 dated 12/08/2004
Re: Comm. 791 (Bill 266) (2000)
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 266
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO REFUSE (RECYCLING AND DIVERSION, LITTERING).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Chapter 20, Article I, Section 20-2, of the Hawaii County Code 1983
(1995 Edition), is amended to read as follows:
"Section 20-2. Littering prohibited; use of public receptacles.
(a) No person shall scatter, throw, drop, deposit, or place or cause to be scattered,
thrown, dropped, deposited, or placed any litter on any highway, street, road,
alley, sidewalk, sea beach, public park, or other public place in the County.
(b) Any person placing litter in a public receptacle or in an authorized private
receptacle shall do so in a manner which prevents the litter from being carried or
deposited by the elements upon any street, sidewalk, or other public place, or
upon private property.
~ All persons shall dispose of their refuse in permitted solid waste facilities. The
waste generator shall be responsible for_proper disposal whether the waste
generator hauls the refuse or not."
SECTION 2. Chapter 20, Article 1, Section 20-5, of the Hawaii County Code 1983
(1995 Edition), is amended to read as follows:
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Section 20-5. Litter prohibited on occupied] private property.
~ No person shall throw or deposit litter or household rubbish on any [occupied]
private property, whether owned by that person or not, except that the owner or
person in control of private property may maintain any authorized private
receptacle for collection in a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk, or other public
place or upon any private property.
No person shall throw or deposit litter or household rubbish in any private
receptacle unless given written authorization to do so."
SECTION 3. Chapter 20, Article 1, Section 20-7, of the Hawaii County Code 1983
(1995 Edition), is amended to read as follows:
"Section 20-7. Summons or citation for violation.
A police officer or person authorized by the mayor shall use a form of summons
or citation provided by the County in citing a violator of any provision of this article."
SECTION 4. Chapter 20, Article 1, Section 20-8, of the Hawaii County Code 1983
(1995 Edition), is amended to read as follows:
Any~erson who violates the provisions of this article shall be subject to a civil
fine in the amount of $25 to be paid within fifteen days, or court action will be
taken.
Any person who violates the provisions of this article shall, upon conviction, be
sentenced to pay a fine not less than $250 and not more than $1,000 for each
offense, and/or ordered to pick up and remove litter from a public place under the
supervision of the department of public works or the department of parks and
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recreation for a period of time as would satisfy the given fine with one hour of
service being equivalent to $5 of the fine amount.
~ If the court judges the violator to be incapable of litter removal and pickup, the
court may provide some other community work as it deems appropriate. All
persons who are caught littering shall be required to remove the litter that they
caused or shall be liable for the costs of removing that litter."
SECTION 5. Chapter 20, Article 3, Section 20-31, of the Hawaii County Code 1983
(1995 Edition), is amended by amending the definition of "prohibited materials" to read:
"Prohibited materials" include, but are not limited to, paint thinner or solvents; oil
base paint waste; automotive waste oil, antifreeze or lead acid batteries; whole tires
pesticides, herbicides or rodent and insect control chemicals; household cleaner, polish or
wax; contaminated soil; medical waste; propane, oxygen or acetylene tanks; diesel,
gasoline or alcohol; and, liquids or sludges in containers five gallons or larger, including
liquid cooking oil or grease unless mixed with a bulking agent so that it solidifies, and
hazardous wastes as defined in 40 CFR parts 257, 258, and 261."
SECTION 6. Chapter 20, Article, Section 20-31, of the Hawaii County Code 1983
(1995 Edition), is further amended by adding a new definition to be appropriately inserted and to
read as follows:
"White goods" means discarded enamel coated major appliances, such as washing
machines, clothes dryers, hot water heaters, stoves or refri erg
ators."
SECTION 7. Chapter 20, Article 3, Section 20-39, of the Hawaii County Code 1983
(1995 edition), is amended to read as follows:
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"Section 20-39. Abandoned refrigerators; removal of lock required.
~ No person shall abandon any refrigerator, ice box, wardrobe trunk or any other
container, equipment or appliance having aself-locking door without first
removing and detaching the door or cover from the same.
No person shall leave abandon dump or place any refrigerator white oods or
appliances of anv kind upon one's own propertv or any propertv of another "
SECTION 8. Chapter 20, Article 3, Section 20-41, of the Hawaii County Code
1983 (1995 Edition), is amended to read as follows:
"Section 20-41. Dumping refuse prohibited.
~ No person shall dump or place refuse or household rubbish in or upon any
[vacant lot, place, or in or upon the premises of another.] private or public
propertv, or in anv unauthorized private receptacle.
All persons shall dispose of their refuse in permitted solid waste facilities
The waste Generator shall be responsible for proper disposal whether the
waste Generator hauls the refuse or not."
SECTION 9. Chapter 20, Article 3, Section 20-43(b), of the Hawaii County
Code 1983 (1995 Edition), is amended by amending subsection (b) to read as follows:
"(b) Acceptance at Transfer Stations.
(1) All acceptable household refuse, including shrubbery and yard
trimmings, deposited into the transfer station solid waste container
shall be accepted by the County for disposal on any day during
normal working hours of the station. No item shall exceed four
feet in any dimension or weigh more than fifty pounds.
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(2) Prohibited materials shall include all [commercially hauled]
rubbish, garbage, swill or refuse from commercial haulers,
prohibited materials as defined by the State Department of Health
and partially listed herein, refuse generated by a business, Federal,
[or] State or County agency, religious entity or nonprofit
organization, construction or demolition wastes, abandoned
vehicles, dead animals, animal carcasses and other similar organic
wastes."
SECTION 10. Chapter 20, Article 3, Section 20-45, of the Hawaii County Code
1983 (1995 Edition), is amended to read as follows:
"Section 20-45. Penalty.
~ Any violation of this article is a misdemeanor and any person [convicted
of a violation shall] who violates the provisions of this article shall, upon
conviction be sentenced to pay a fine not [exceeding $500 and shall
contribute not less than twenty hours public service with] less than $500
and not more than $2,000 for each offense, and/or ordered to pick up or
remove litter from a public place under the supervision of the department
of public works [and] or the department of parks and recreation[.] for a
period of time as would satisfy the given fine with one hour of service
being equivalent to $5 of the fine amount.
bL2 If the court iudees the violator to be incapable of litter removal and
pickup, the court may provide some other community work as it deems
appropriate.
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~ All persons who are caught littering shall be required to remove the litter
that they caused or shall be liable for the costs of removing the litter."
SECTION 11. Chapter 2Q Article 4, Section 20-46, of the Hawai `i County Code 1983
(1995 Edition), is amended to read as follows:
"Section 20-46. Disposal fees.
(a) Any refuse, except for prohibited materials, delivered by a business,
Federal or State agency, religious entity, nonprofit organization or private
citizen to the working face of a County landfill shall be charged by the ton
or fraction thereof at rates as set forth herein.
(b) In addition to the per ton charge or volume charge, items which cannot be
disposed in the working face of the landfill in accordance with usual
disposal practices or which require special handling and/or arrangements
by landfill personnel shall be assessed a special handling charge at rates as
set forth herein. Such items shall include but many not be limited to
asbestos and confidential document destruction or other disposal requiring
a witness. Whole tires will not be accepted at any County landfill. All
wire or cable must be cut to four-foot lengths prior to disposal at any
County landfill or transfer station.
(c) Administrative rules shall provide partial credit to commercial haulers for
residential waste. The amount of the credit shall be no less than $2 per
month for each household from which the hauler collects refuse.
The mayor, with the approval of the council, may temporarily rescind the
solid waste disposal fees for ~ to a one-week period."
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SECTION 12. Chapter 20, f{awai`i Coun[y Code 1983 (1995 Edition), is amended by
adding a new article to be appropriately numbered and to read as follows:
"ARTICLE RECYCLING AND DIVERSION.
Section 20- . Recvclina and Diversion Proeram.
~ The County shall provide recy} cling and diversion programs on a continuing basis.
fib,) Administrative rules shall set forth the parameters of such programs that will
promote recyclin~ and diversion of materials from landfilling
~ Diversion expenditures shall be considered over ?andfillinQ expenses and be
limited only by the amount of the landfilling budget. 7'he evaluation process of
such considerations shall be written in administrative rules and shall include but
not be limited to, short-term and long-term economics environmental impacts
and the health. safety, and welfare of the community.
The Chief EnKineer shall use monies from one or more diversion Qrants to
contract the services of a full-time recycling and diversion program coordinator "
SECTION l3. 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 14. 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 serverable.
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SECTION 15. This ordinance shall take effect upon its approval.
INT DUCED BY:
COUNCIL MEMB , C OF HAWAI`1
Hilo, Hawaii
Date of Introduction:
Date of 1S1 Reading:
Date 2"d Reading:
Effective Date:
~SCt'EKCIaIC.t~ LOfill7l. 79~.
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