HomeMy WebLinkAboutCOM 0784.001 2008-2010 GUY ENRIQUES tv os •• p! ' ' • Phone: (808) 961 -8536
J�•' } =,' Fax: (808) 961 -8912
Council Member �p •'� + ,
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Council District 6 p - ^ Email: genriques @co.hawaii.laus
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County of Hawai `i
Office of the County Clerk
25 Aupuni Street
Hilo, Hawaii 96720
MEMORANDUM
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May 11, 2010
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TO: J Yoshimoto, Chair • r
and Members of the Hawai`i County Council FROM: Guy Enriques, Council Member U : r 1'71
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RE: Proposed Amendments to Bill 239; Relating to Public Water Spigots n N
Please find attached proposed amendments to Bill 239. The proposed amendments are indicated below by
Ramseyer format with respect to the contents of Bill 239. A draft copy of Bill 239, Draft 2, is attached with
these proposed amendments incorporated.
The proposed amendments are as follows (material to be repealed is bracketed and stricken; material to be
added is underscored):
1. Amending the proposed section 29 -5 to read:
"Section 29 -5. Authority; Applicability; Use of Public Water Spigots.
(a) Public water spigot areas and water spigots shall be maintained by the department of
public works.
(b) Public water spigots may be used by the public to obtain potable water, subject to the
provisions of this section. This section shall not apply to any commercial water filling
stations operated by the department of water supply.
(c) Public water spigot areas shall be for the loading of water only. All other use and activity
shall be strictly prohibited.
(d) Use of public water spigots shall be limited to [two hundred fifty gallons of water per visit,
err] the maximum legal weight capacity of the transporting vehicle[, whichever is less]. At
least one public water spigot at each public water spigot area shall be reserved for users
drawing fifty -five gallons of water or less.
(e) The civil defense agency shall have jurisdiction over public water spigots in the event of
impending or declared disaster, and may restrict access as conditions allow. The civil
defense agency may authorize any agency or individual to control public water spigots.
Comm. No. 78 • • 1
Ref. To:
Serving the Interests of the People of Our Island Ref, Dale M Y 19
Hawaii County is an Equal Opportunity Provider and Employer
May 11, 2010
Page2of2
The civil defense agency shall determine when the need for emergency access to water
has subsided to the degree that any restrictions placed on access to public water spigots
are thus rescinded and shall provide notification to the public of such rescission."
2. Amending the proposed section 29 -6 to read:
"Section 29 -6. Penalty.
Any person convicted of any offense under this article shall be sentenced to pay a fine not
to exceed [$1,000] $500 or imprisonment for a term of not more than thirty days."
GE
att.
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AN ORDINANCE AMENDING CHAPTER 7, CIVIL DEFENSE, ARTICLE 2, AND
AMENDING CHAPTER 29, WATER USE AND DEVELOPMENT, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO COUNTY
WATER SPIGOTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. In recognition of the decades long need for public access
water spigots it is no longer appropriate for water spigots to remain under Civil Defense
Chapter of this Code. The purpose of this ordinance is to clearly establish a system for
public water spigots to be used by the populace to obtain potable water for everyday
needs. This ordinance further provides that during any time of impending or declared
disaster, the civil defense agency shall assume control of any or all public water spigots
to ensure water needs created by such impending or declared disaster can be addressed in
an expeditious, organized, and effective manner.
SECTION 2. Chapter 7, article 2, section 7 -8, of the Hawai`i County Code 1983 (2005
Edition, as amended), is repealed:
(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, ch resident shall pay the County an amount equal
to seventy five percent of the total standard commercial hauling charges.
(c) Two y rs after August 1, 1978, each resident shall pay the County an amount
(d) The County shall make water available for hauling at no charge to ach requesting
resident. "]
SECTION 3. Chapter 29 of the Hawai`i County Code 1983 (2005 Edition, as amended)
is amended by incorporating section 29 -1, section 29 -2, section 29 -3, and section 29 -4 in a new
article to be titled:
"Article 1. Water Use and Development Plan."
SECTION 4. Chapter 29 of the 1- Iawai`i County Code 1983 (2005 Edition, as
amended) is amended by adding a new article to read as follows:
"Article 2. Public Water Spigots.
Section 29 -5. Authority; Applicability; Use of Public Water Spigots.
(a) Public water spigot areas and water spigots shall be maintained by the department of
public works.
(b) Public water spigots may be used by the public to obtain potable water, subject to the
provisions of this section. This section shall not apply to any commercial water
filling stations operated by the department of water supply.
(c) Public water spigot areas shall be for the loading of water only. All other use and
activity shall be strictly prohibited.
(d) Use of public water spigots shall be limited to the maximum legal weight capacity of
the transporting vehicle. At least one public water spigot at each public water spigot
area shall be reserved for users drawing fifty -five gallons of water or less.
(e) The civil defense agency shall have jurisdiction over public water spigots in the
event of impending or declared disaster, and may restrict access as conditions allow.
The civil defense agency may authorize any agency or individual to control public
water spigots. The civil defense agency shall determine when the need for
emergency access to water has subsided to the degree that any restrictions placed on
access to public water spigots are thus rescinded and shall provide notification to the
public of such rescission.
Section 29 -6. Penalty.
Any person convicted of any offense under this article shall be sentenced to pay a
fine not to exceed $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 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 to be severable.
SECTION 7. This ordinance shall take effect July 1, 2010.
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