The URL can be used to link to this page

Home My WebLink AboutORD 2010-062 2008-2010 COUNTY OF HAWAII STATE OF HAWAII r � r E . OSH►'� ' BILL NO. 239 .s ,T> (DRAFT 2 ) ORDINANCE NO. "` 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 Chapter 7, article 2, section 7 -8, of the Hawai`i County Code 1983 (2005 Edition, as amended), is repealed: [ h au li ng c (b) One ygar after August 1, 1978, each resident shall pay the County an amount equal (d) The County shall make water available for hauling at no charge to ach requesting resident. "] SECTION 3. Chapter 29 of the Hawaii 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 Hawaii 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 $500." SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does not affect other provisions or 2 applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are to be severable. SECTION 7. This ordinance shall take effect July 1, 2010. INTRODUCED BY: MBER, 0 / TY OF HAWAI`I Hilo , Hawai`i Date of Introduction: May 19, 2010 Date of 1 Reading: May 19, 2010 Date of 2 " Reading: June 8, 2010 Effective Date: July 1, 2010 REFERENCE$ Comm. 784.2 3 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i (Draft 2) "'1" 1 111 21 Introduced By: Guy Enriques ROLL CALL VOTE Date Introduced: May 19, 2010 AYdS. NOES , ABS EX First Reading: May 19, 2010 4 ' Enriques X Published: May 28 , 2010 Ford X Greenwell X REMARKS: Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X Second Reading: June 8 , 2010 8 1 0 0 To Mayor: June 17, 2010 Returned: June 21, 2010 ROLL CALL VOTE Effective: July 1, 2010 AYES NOES ABS EX Published: June 26, 2010 Enriques X Ford X REMARKS': Greenwell X Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 8 1 0 0 I DC) HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL C RMAN 'r '� -T-Y— CORPORATION COUNSEL COUNTY OF HAWAII Date JUN 18 2010 td)4X CLERK Bill No.: 239 (Draft 2) ) 4 rt C- 784.2/PSPRC -28 { �Ipproved/Dis reproved this d ay Reference: Ord No.: . 0 C2 Q1' , 20 it . L1A YOR, COUNTY OF HAWAII Ordinances Numbered 10 -62, 10 -63, 10 -64, 10 -65, 10 -66, 10 -67, & 10 -68 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on June 8, 2010, by vote, as listed below: Ordinance 10 -62 (Bill 239, Draft 2): An Ordinance Amending Chapter 7, Civil Defense, Article 2, and Amending Chapter 29, Water Use and Development, of the Hawai` i County Code 1983 (2005 Edition, as Amended), Relating to the County Water Spigots. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Greenwell — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -63 (Bill 240): An Ordinance to Amend Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai` i for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -64 (Bill 242): An Ordinance Amending Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification From Project District to Project District at Ponahawai, South Hilo, Hawai`i, Covered by Tax Map Key: 2- 3- 037:001, 2 -3- 044:019, and 2 -3- 049:053. AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 7; NOES: Council Members Ford and Hoffmann — 2; ABSENT: None; EXCUSED: Ordinance 10 -65 (Bill 243): An Ordinance Repealing Ordinance No. 04 144 Which Amended Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, by Changing the District Classification From Agricultural 1 -Acre (A -la), Neighborhood Commercial — 40,000 Square Foot (CN -40), Single - Family Residential — 7,500 Square Foot and 10,000 Square Foot (RS -7.5 and RS -l0) and Open (0) to Project District at South Hilo, Hawaii, Covered by Tax Map Key 2 -3- 044:019, 2 -3- 049:053 and 2 -3- 037:001. AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Ford — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -66 (Bill 251): An Ordinance to Amend Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -67 (Bill 254): An Ordinance Amending Ordinance No. 09 -48, as Amended by Ordinance No. 09 -100 and Ordinance No. 10 -38, Relating to the International Energy Conservation Code. AYES: Council Members Enriques, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 6; NOES: Council Members Ford, Greenwell, and Hoffmann — 3; ABSENT: None; EXCUSED: None. Ordinance 10 -68 (Bill 255): An Ordinance Amending Ordinance No. 09 -48, as Amended, Relating to the International Energy Conservation Code. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Naeole- Beason — 1; ABSENT: None; EXCUSED: None. Kenneth G. Goodenow County Clerk (Hawai` i Tribune - Herald — June 26, 2010) (West Hawai`i Today — June 26, 2010) Note: The original Digest/Affidavit is attached to Ordinance 10 -62.