The URL can be used to link to this page

Home My WebLink AboutBIL 210 Draft 03 2008-2010OFFICE. INFORMATION ONLY Meeting: Council —May 19, 2010 Action; Filed due to vote count on first reading of 9 noes. Ct ra WG ) Note: Referred to Finance Committee. Prior to being heard by the Finance Committee. Comm. 709.2 waived Bill 210 to Council. Council amended to Draft2 and referred back to Public Safety and Parks and Recreation Committee (Negative — May 4, 2010). Re: Bill 210; Comm. 709 (2008-2010 term); PSPRC-27 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo , Hawai`i (DRAFT 2) ROLL CALL VOTE Introduced By: Brenda Ford AYES NOES ABS EX Date Introduced: May 19, 2010 Enriques X First Reading: May 19, 2010 Ford X Published: N/A Greenwell X Hoffmann X REMARKS: Ikeda X 5/19/10 — Amended to Draft 3 and Naeole-Beason X closed file Onishi X Yagong X Yoshimoto X 1 8 0 0 Second Reading: ROLL CALL VOTE To Mayor: AYES NOES ABS EX Returned: Enriques Effective: Ford Published: Greenwell Hoffmann REMARKS. Ikeda Naeole-Beason Onishi Yagong Yoshimoto I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date LI 210, Draft 2 Bill No.: C-709 .4/PSPRC-27 Approved/Disapproved this day Reference: Ord No.: f 20 Q fJt�,t ,i r/ s MAYOR, COUNTY OF HAWAII kt\t, COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 210 DRAFP 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 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. [(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 Hawaii County Code 1983 (2005 edition, as amended), is repealed and replaced with a new section, to read as follows: "[Seetion 7 8. Water- and water- haUJ4n9AMV9e--- (a) 1f within any district of the County, n a decla.atien of an effi 1 v:yo rgc cy vj the m residents request that water ter be hauled to their side..ne.. they shall pay lthe County an amount a nie..t to fifty pereent F the total standard eemmereial hauling eharges. r 1 1974 h idem hall the Geti.ty One year after �UguSrc� r�-ro, cacn—rcaiQc-ixx shall pay amount equal to seventy five percent of the total stanch«,1 n ial hauling arges (e) Two years after Augxst 1, 1978, eaeh resident shall pay the stiry an ( The County -shall naccwater available for lain. at � charge torcach requesting resident -d Section 7-8. Emeraencv water spigots under the control of civil defense agency. (a) 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. (b) Emer encs 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. (d) 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 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 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of ls` Reading: Date of 2"d Reading: Effective Date: REFERENCE Cain. 709.8 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 upon its approval. INTRODUCED BY: 72etaiA--214-I-- COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of l st Reading: Date of 2"d Reading: Effective Date: REFERENCE& CMM, . 709.8 3