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Home My WebLink AboutCOM 0659.002 2008-2010 BRENDA J. FORD Council Member District 7 - Central Kona Phone: Fax: E-Mail : (808) 326- 5684 (808) 329- 4786 bford@co.hawaii.hi.us HA W AI'I COUNTY COUNCIL County of Hawai 'i Kailua Trade Center 75-5706 Hanama Place, Suite 109 Kailua-Kona, Hawai'i 96740 I"'> '-=') c::::> ~ TO: 1. Yoshimoto, Chairperson, and Members ofthe Hawai'i County Council FROM: ~renda 1. Ford, Council Member <:- .::0 Z DATE: January 13,2010 -0 ::3 ~ ...c w a (../1 SUBJECT: An Amendment to Bill 189; an Ordinance Amending Chapter 7, Article 2, Section 7-8 of the Hawai'i County Code 1983 (2005 Edition, as amended), Relating to Civil Defense, Disaster Control Please find attached an amendment to Bill 189 to amend the bill by establishing the effective date two years after the current drought emergency has been rescinded. The amendment to SECTION 5 of Bill 189 reads as follows (material to be repealed is bracketed and stricken through; material to be added is underscored): "SECTION 5. This ordinance shall take effect [upon its approval.] two years after the Mayor has rescinded the emergency drought declaration enacted by Proclamation on June 5, 2007." The referenced Proclamation, dated June 5, 2007, is attached. BJF aU. Comm. No. ~ '5 q . '2.. Ref. To: P ~I Ref. Dote JAN .2 2 2~1O Serving the Interests of the People of Our Island lIn""n;'; rnllntll To: An Fnllnl nnnnrtlln;tll Prnll;npr Ann Fn:mlnllpr AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 2, SECTION 7-8 OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO CIVIL DEFENSE, DISASTER CONTROL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. The purpose of this measure is to regulate the use of water spigots and to update water hauling charges during times of declared emergency. SECTION 2. Chapter 7, article 2, section 7-8, of the Hawai'i County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 7-8. Water svil?:ots and water hauling charges. (a) If within any district of the County, upon a declaration of an emergency by the mayor, residents request that water be hauled to their residences, they shall pay the County an amount equivalent to [fifty percent of the total standard commercial hauling charges. (b) One year after August 1, 1978, each resident shall pay the County an amount equal to seventy five percent of the total standard commercial hauling charges. (c) T'.vo years after A.ugust 1, 1978, each resident shall pay the County an amount equivalent to] the total standard commercial hauling charges. [(d) The County shall make water available for hauling at no charge to each requesting resident. ] (b) Where water spigots are provided for under this Chapter, it shall be for residential cooking and drinking use only and subiect to the following: (1) A limit of fifty-five gallons per day; and (2) The container size shall be no more than fifty-five gallons. SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. Severability. 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 1 effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect two years after the Mayor has rescinded the emergency drought declaration enacted by Proclamation on June 5, 2007. C 0 U N T Y H j W A I I " Proctamat"iOn WHEREAS, Chapter 127, Hawai'i Revised Statutes, as amended, and Chapter 128, Hawai'i Revised Statutes, as amended, provide for the establishment of County organizations for disaster relief with a deputy director in charge of each political subdivision; and WHEREAS, the Mayor of the County of H awai'i has been appointed as the Deputy Director of Civil Defense of the County ofHawai'i; and . WHEREAS, Chapter 7"Articles.l and 2 of the Hawai'i County Code, establish a Civil Defense Agency within the County of Hawai 'i and prescribe its powers, duties, and responsibilities, and Section 13-23 of the Hawai'i County Charter empowers the Mayor of the County to declare emergencies; and WHEREAS, th~ United States Farm Service Agency reports that the continuing dry conditions are causing a hardship on farmers and ranchers in affected areas; and WHEREAS, the continuing dry conditions are also causing a hardship for residents on water catchment systems; and WHEREAS, the Hawai'i County Fire Department and the State DLNR Division of Forestry and Wildlife report that continued dry conditions have caused Extreme fire hazards in the affected areas; and WHEREAS, the National Park Service has classified areas in its jurisdiction as very high fire hazard and has taken steps to increase staffing levels for fire response; and WHEREAS, rainfall data indicates that in some of the affected areas rainfall is 50% below normal; and WHEREAS, the Department of Water Supply has issued water conservation notices for areas in North and South Kohala, Hamakua, andKa'u; and WHEREAS, the Department of Water Supply on May 31, 2007, issued additional water restriction notices for Waimea Town to Kawaihae, Upper Pa 'auilo, and Ahualoa in the districts of South Kohala and Hamakua due to prolonged dry conditions and large demands on the water system. NOW, THEREFORE, L HARRY KIM, Mayor of the County of Hawai'i, do hereby proclaim and declare that a state of emergency existsfor the entire Hawai'i Island. BE IT FURTHER DECLARED THAT this proclamation bans all outdoor fires within Hawai'i Island, excluding fires permitted under the authority of the State of Hawai'i Department of Health that have in place a Burn Plan approved by the Hawai'i Fire Department, and also excluding the following types offires: I) open fires for the cooking of food and residential bathing purposes; and 2) outdoor rubbish fires at least 500feetfrom any neighboring residence and contained in an approved waste burner located safely more than I 5 feet from any structure. BE IT FURTHER DECLARED THAT the purpose of this declaration is to support the Department of Water Supply and the Hawai'i County Fire Department in their emergency policies. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of H awai 'i to be affixed. Done ,,", 5' dny"fJ~', 2007, mil"", H="'~ ~ H~YKI~~ Mayor . County of H awai 'i