HomeMy WebLinkAboutCOM 0709.006 2008-2010BRENDA J. FORD
Council Member
Council District 7 — Central Kona
DATE: May 14, 2010
Hawai `i County Council
County of Hawai
Kailua Trade Center
75 -5706 Hanama Place. Suite 109
Kailua -Kona, Hawaii 96740
TO: J. Yoshimoto, Chairperson
and Members of the Hawai`i County Council
FROM:
)irenda J. Ford, Council Member
Subsections (e) and (f) are renumbered to subsections (d) and (e), accordingly.
Removal of the proposed subsection (d) requires that the Purpose section (Section 1) be
amended to read as follows:
Serving the Interests of the People of Our Island
Hawat County is an Equal Opportunity Provider and Employer
Phone (808) 326 -5684
Fax: (808) 329 -4786
Email: bford@ca.hawaii.ht us
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SUBJECT: Proposed Amendments to Bill 210, Draft 2, Which Amends Chapter 7, Article 2 of the
Hawaii County Code 1983 (2005 Edition, as Amended), Civil Defense, Relating to
County Water Spigots
Attached please find proposed amendments to Bill 210, Draft 2. The proposed amendments are in
Ramseyer format with respect to the contents of Bill 210, Draft 2; material to be deleted is bracketed
and stricken through. The first amendment removes subsection (d), in Section 7 -8., Emergency water
spigots under the control of civil defense agency, and reads as follows:
spigots under the jurisdiction of the civil defense agency or its authorized agents
and shall be subject to the fine under this section:
(1) Washing motorized or non motorizcd vehicles, including trailers of any
kind;
() Washing boats;
(} Washing agricultural produce;
Washing animals;
LS) Abandoning animals; and
Illegal dumping of waste.]"
"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
Comm No. 7041.(0
Ref. To: P7C.!-t-
Ref. Dote MAY 1 9 ?N!
May 14, 2010
Page 2 of 2
only, [. ,] 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."
A draft copy of Bill 210, Draft 3, is attached with the proposed amendments incorporated
therein.
BJF /dkr
att.
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.
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, 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.
SECTION 2. Chapter 7, article 2, section 7 -6, of the Hawai`i 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.
[(3)] "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:
If within any district of the County, upon a declaration of an emergency by
the mayor, residents request that water be hauled to thcir residences, they
standard commercial hauling charges.
(b) One year after August 1, 1978, nch resident shall pay the County an
amount equal to seventy five percent of the total standard commercial
hauling charges.
amount equivalent to the total standard commercial hauling charges.
requesting resident.]
Section 7 -8. Emergency water spigots under the control of civil defense
agency.
Lai 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
individuals) authorized by the civil defense agency to control such
spigots.
l� Emergency water spigots may be used by the public to obtain potable
water subject to the provisions of this section.
(c) Emergency water spigot areas shall be for loading water only. All other
activities are prohibited.
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).
(e) Section 7 -11 notwithstanding, any person violating this section shall be
fined $1,000."
SECTION 4. Chapter 7, article 2, section 7 -11, of the Hawai`i 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.
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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 upon its approval.
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