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HomeMy WebLinkAboutORD 2009-082A 2008-2010COUNTY OF HAWAII J~iv or x~ 1~1a;~,' ..Jey • ,' ~rF pj~Mr~' ORDINANCE NO. STATE OF HAWAII BILL NO. 66A 09 8~ A (DRAFP 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 operating a vehicle. (a) As used in this section unless the context clearly requires otherwise: "Emer~ency responders" include fire fighters emerQencv 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 e ui ment ca able of rovidin wireless and/or data communication between two or more persons or of providing amusement including but not limited to a cellular phone text messa~ine device pa¢ma device, personal diertal assistant laptop computer video dame or dieital photoeraphic device, but does not include an audio e ui ment or an e ui ment installed m a motor vehicle for the pu ose of providing navigation emerQencv assistance to the operator of the motor vehicle or video entertainment to the assen ers m the rear seats of the motor vehicle. Operate a motor vehicle" means to drive or assume actual ph sy ical control of a vehicle upon a public way street road or highway. Use or usin" 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 usin a mobile electronic device unless used with ahands-free device. Anv person convicted of violatin¢ this subsection shall be subject to a maximum fine of $150. c Whoever o erates an vehicle while usin a mobile electronic device unless used with ahands-free device in a manner as to cause a collision with or iniurv or damage to as the case may be any person, vehicle, or other property shall be fined not more than $500. (dl The use of a mobile electronic device for the sole puroose of making a "911" emer enc communication shall be an affirmative defense to this ordinance. (e) The following persons shall be exempt from the provisions of subsections and c (1) Emer~ency responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two wav radios while in the performance and scope of their work-related duties; and (31 Drivers holding a valid amateur radio operator license issued by the federal communications commission and usm¢ half-duplex two-wav 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 i~ ~f COUNCIL A xilo , Hawaii Date of Introduction: June 2, 2009 Date of 15` Reading: June 2, 2009 Date of 2"d Reading: August 5, 2009 Effective Date: January 1, 2010 AI FEFER~E: Comm. 262.11 2 OFFICE OF THE COUNTY CLERK County of!Hawai`i Introduced By: Date Introduced: First Reading: Published: REiLfARKS: Are-vote for second reading was taken due to lawsuit (w. Hawaii Today v County of Hawaii) re the Council mtg. held on 6-16-09. A copy of the original certification sheet re this measure is attached. Second Reading: August 5, 2009 To Mayor: August 13, 2009 Returned: August 20 2009 Effective: January 1, 2010 Published: August 28, 2009 REMARKS: ~~=i l~ ltOJiFGr~''..~LkiVO~-, 7 AYES r r NOES ABS EX Enriques ".~( ?v,^d, + - I~ .`,ilf Ford Greenwell Hoffmann Ikeda Naeole Onishi Yagong Yoshimoto ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY DEPUI( Y C4PIPORATIOrJ COUNSEL COUN F HAWAII n~ro ,,p 9I t~ " t MAYOR, r~ day COUNCIL CHAIRPERSON ~~ COUNTY CLERK 66A (Draft 2) Bill No.: C-262.11/PSPRC-11 Reference: g OrdNo.: ©~ p~ A OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: pate Introduced: First Reading: Published: REMARKS: Pete Hoffmann June 2, 2009 June 2, 2009 June 12, 2009 Second Reading: June 16, 2009 To Mayor: June 17, 2009 Returned: Jtu~e 26 2009 Effective: Janus -rv 1 2010 Published: July 3, 2009 REMARKS: ~tOL~, CALL V TE . ' J A ~ N 5' `• BS EX Enriques [Xli ~~ ~'; :''Lr~. .. • Ford '~ JXIi\i•, :11 F i,;, :r'~. Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 0 1 0 I DO HF.REBYCERTIFY[ha[ [he foregoing BILL was adop[ed by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY D~SJ~ CORPORATION COUNSEL COUNTY OF HAWAII Date ~~11~0~ ' 1.,.~L- MAYOR, COUNTY 2~"s .C -- HAWAI'I .~_ COUNCIL CHAlRPERSi ~CO~UNTY CLERK 66 (Draft 2) Bill No.: C-262.11/PSPRC-11 day Reference: Ord No.: O~ ~~' Ordinances Numbered 09-82A, 09-83A, 09-84A, 09-85A, 09-86A, 09-87A, & 09-88A I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on August 5, 2009, by vote, as listed below: Ordinance 09-82A (Bi1166A, 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto- 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 09-83A (Bi1177A): 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 09-84A (Bill 78A): 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto- 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 09-85A (Bill 79A, Draft 2): 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 09-86A (Bill 93A): 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong and Chair Yoshimoto - 9; NOES: None; ABSENT': None; EXCUSED: None. Ordinance 09-87A (Bi1194A, 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 09-88A (Bi1195A): 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, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ke eth G. Goodenow County Clerk (Hawai`i Tribune-Herald -August 28, 2009) (West Hawaii Today -August 28, 2009) Note: The original Digest/Affidavit is attached to Ordinance 09-82A.