HomeMy WebLinkAboutBIL 210 Draft 02 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. no
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this measure is to regulate the use of
emergency water spigots, add and correct definitions, remove section 7 -8 on water
hauling charges, establish that the non - emergency use of emergency water spigots is for
residential use only, delineate actions that are prohibited, set a maximum number of
gallons to be taken per occasion at the emergency water spigots, and assign an
appropriate penalty for violations of provisions created for use of emergency water
spigots.
(DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 7, CIVIL DEFENSE, ARTICLE 2,
DISASTER CONTROL, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO EMERGENCY WATER SPIGOTS.
SECTION 2. Chapter 7, article 2, section 7 -6, of the Hawaii County Code 1983 (2005
edition, as amended), is amended to read as follows:
"Section 7 -6. Definitions.
As used in this article:
[(1)] "Authorized person" means any:
(a) Police officer or County or State employee assigned to disaster
duty during an impending disaster or disasters;
(b) National Guard members;
(c) Civil defense agency personnel, volunteers, or designees.
[(2)] "Disaster" means any situation, usually catastrophic in nature, where
numbers of persons are plunged into helplessness and suffering and as a
result may be in need of water, food, clothing, shelter, medical care, or
other necessities of life, and the governor of the State or the mayor of the
County has declared a state of disaster or emergency.
"Emergency water spigot" means any water faucet installed by the
County for use in a declared disaster or emergency, even if the water
spigot is used during non - emergency times.
[(-33] "Impending disaster" means any situation where a catastrophe threatens an
inhabited area and the civil defense agency has issued a warning that the
inhabitants of the area should evacuate from the threatened area."
SECTION 3. Chapter 7, article 2, section 7 -8, of the Hawai`i County Code 1983 (2005
edition, as amended), is repealed and replaced with a new section, to read as follows:
the mayor, residents request that water be hauled to their residences, they
shall pay the County an amount equivalent to fifty f
percent oim the gal
standard commercial hauling charges.
amount equal to seventy five percent of the total standard commercial
hauling charges.
amount cquivalcnt to the total standard commercial hauling charges.
requesting resident.
Section 7 -8. Emergency water spigots under the control of civil defense
agency.
j Emergency water spigots installed for or by the civil defense agency shall
be under the jurisdiction of the civil defense agency or any agency or
individual(s) authorized by the civil defense agency to control such
spigots.
Lbj Emergency water spigots may be used by the public to obtain potable
water, subject to the provisions of this section.
(� Emergency water spigot areas shall be for loading water only. All other
activities are prohibited.
(� The following actions are prohibited at any time at emergency water
spigots under the jurisdiction of the civil defense agency or its authorized
agents and shall be subject to the fine under this section:
al Washing motorized or non - motorized vehicles, including trailers of
any kind;
1l Washing boats;
al Washing agricultural produce;
(4j Washing animals;
(5) Abandoning animals; and
Illegal dumping of waste.
(e) Non - emergency use of emergency water spigots shall be limited to a
maximum of five hundred gallons of water, per occasion, and shall be for
residential use only as provided in subsection (b).
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ll Section 7 -11 notwithstanding. anv person violating this section shall be
tined $1.000."
SECTION 4. Chapter 7, article 2, section 7 -11. of the Hawaii County Code
1983 (2005 edition, as amended), is amended to read as follows:
"Section 7 -11. Penalty.
A person who has been convicted of any offense, other than for violations
of section 7 -8. under this article, shall be sentenced to pay a fine not exceeding
$500 or imprisonment for a term of not more than thirty days."
SECTION 5. 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 6. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity dots 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 to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL ME IA, COUNTY OF 1- IAWAI'I
Hawai'
Date of Introduction:
Date of 1' Reading:
Date of 2 Reading:
Effective Date:
REFERENCE: Comm. 709.4
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