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HomeMy WebLinkAboutBIL 304 Draft 02 1994-1996OFFICE INFORMATION ONLY Meeting: Human Services and Public Works Committee (no meeting date) Action: Withdrawn per Comm. 54 dated December 22, 2004 Re: Bill 304 (Draft 2) (Comm. 1290) (1994-1996113 �s s - COUNTY OF HAWAII', S'TA'TE OF HAWAII BILL NO. 304 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15, PARKS AND RECREATION, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO PARKING, CAMPING AND HOURS OF OPERATION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Chapter 15, Article 1, Section 15-3, Hawaii County Code 1983 (1995 edition), is amended to read as follows "Section 15-3. Definitions (a) As used in this chapter (1) "Authorized person" means any person authorized to enforce the provisions of this chapter (2) "Camper" means any person who [remains in a park area between the hours of 11 00 p in and 6 00 a in ] is in possession of a valid camping permit issued by the department, (3) "Camping" means [the act of remaining in any park area between the hours of 11 00 p in and 6 00 a in ] temporarily occupying a park area as authorized by a valid camping permit issued by the department. (4) "Department" means the department of parks and recreation (5) "Director" means the director of the department of parks and recreation (6) "Park area" or "Recreational area" means all County -owned or controlled [areas administered by the County ] property administered. controlled, operated, or maintained by the Department of Parks and Recreation. [(7) "Recreational area" means all beach parks, and all other park areas administered by the department primarily for the purpose of public recreation (8) "Picnicking" means an outing by one or more persons who consume or intend to consume food while within the boundaries of a public premise under the jurisdiction of the department of parks and recreation, but who do not remain or intend to remain on the premises past the hour of 11 00 p in If the outing is past the hour of 11 00 p in , it shall be known as camping and shall be governed by those provisions relating to camping (9) "Picnicker" means any person on an outing, who consumes or intends to consume foodstuffs while within the boundaries of a public premise sunder the jurisdiction of the department of parks and recreation, but who does not remain or intend to remain upon the premises past the hour of 11 00 p in If any person remains past the hour of 11 00 p m , he shall be known as a camper and shall be governed by those provisions relating to camping ]" - SECTION 2. Chapter 15, Article 2, Division 1, Section 15-8, Hawaii County Code 1983 (1995 edition) is amended to read as follows: "Section 15-8. [Visiting hours; closing hours.] Closed areas and visiting hours. The director may establish a reasonable schedule of visiting hours for all or portions of a park area and close or restrict the public use of all or any portion of a park area, when necessary for the protection of the area or the safety and welfare of persons or property by the posting of appropriate signs indicating the extent and scope of the closure. All persons shall observe and abide by the officially posted signs [and] designating closed areas and visiting hours." SECTION 3. Chapter 15, Article 2, Division 1, Section 15-26, Hawaii County Code 1983 (1995 edition), is amended to read as follows: "Section 15-26. Parking restricted [.]. removal authorized. Qat No unauthorized vehicle shall be driven upon or parked within a park area except on roads and parking areas laid out and provided for public use. Parking of motor vehicles shall be in places designated by appropriate signs and within stalls as [they may be] provided. The Director or authorized representative of the department or my police officer is authorized to remove any illegally parked vehicle or any vehicle left in a park area after the park area has been closed to the public. The registered owner of the vehicle shall be responsible for the payment of all expenses incurred in the removal of the vehicle." SECTION 4. Chapter 15, Article 4, Section 15-39 (a), Hawaii County Code 1983 (1995 edition), is amended to read as follows: "Section 15-39. Camping and trailer areas. (a) Camping and the use of trailers or other camper units are only permitted as follows: (1) At Laupahoehoe Beach Park, Kolekole Beach Park, [James Kealoha Beach Park,] Isaac Hale Beach Park, Punaluu Beach Park, Whittington Beach Park, Milolii Beach Park, [Napoopoo Beach Park,] Hookena Beach Park, Keokea Beach Park, Mahukona Park, Kapaa Park; the use of trailers or other camper units are permitted on any suitable place. The camper shall give due regard to the rights and convenience of other users of the park, shall not obstruct any roadway or pathway, and shall not monopolize any facility intended for the use of all users of the park. [(2) At Onekahakaha Beach Park, camping and the use of trailers and other camper units are permitted only in the area on the Hilo side of the road leading into Onekahakaha Beach Park and mauka of Pavilions 1, 2, and 3 up to one-half of the old children's zoo parking lot. (3) At Harry K. Brown Beach Park, camping and the use of trailers or other camper units are permitted in the area on the Kau side of a straight line extending from the makai-Kau corner of the parking lot to the main government road and parallel with the park road. 2 (4)] ULAt Samuel Spencer Beach Park, camping and the use of trailers or other camper units are permitted in [three] two camping areas known as areas ["A," `B," and "C "] "I" and "2." Area ["A"] "I" is mauka of the large pavilion between the [Hapuna boundary of the park] outdoor courts and the sidewalk leading to the large pavilion [Area "B" is mauka of the parking lot in the date -palm tree area and along the Hapuna boundary of the park ] Area ["C" is makat of the Kawaihae side pavilion up to the sandy beach area on the Hapuna side ] "2" is between the central restroom and the Kawaihae side boundary." SECTION 5 Chapter 15, Article 4, Section 15-40, Hawaii County Code 1983 (1995 edition) is repealed in its entirety ["Section 15-40. Maps of camping areas. The areas described in section 15-39 are outlined in red on the maps marked Exhibit A for Onekahakaha Beach Park, Exhibit B for Harry K Brown Beach Park, and Exhibit C for Samuel Spencer Beach Park, and by reference made a part of this chapter Three copies of these maps are kept on file and are available for public inspection in the office of the clerk "] SECTION 6 Chapter 15, Article 5, Hawaii County Code 1983 (1995 edition) is repealed in its entirety SECTION 7 Material to be repealed is bracketed New material is underscored In printing this ordinance, the brackets, bracketed material, and underscoring need not be included SECTION 8 If any provision of this ordinance, or the application thereof to any person of circumstance is held invalid, such invalidity shall 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 declared to be severable SECTION 9 This ordinance shall take effect upon its approval INTRODUCED BY f COUNC MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction Date of 1st Reading Date of 2nd Reading Effective Date &fERENCr. wmtn, 1290.02 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii Introduced By: Brian De Lima Date Introduced• September 6, 1996 First Reading- September 6, 1996 Published N/A REMARKS. 09/06/96 - Referred back to HSPWC Second Reading - To Mayor Returned - Effective Published C i� M (DRAFT 2) ROLL CALL VOTE AYES NOES ABS EX Arakaki Eas ley Childs De Irma Dorrungo Osorio Van De Car Ra Smith I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/Disapproved this day Of 19 MAYOR, COUNTY OF HAWAII Bill No.. 304 (Draft Reference- C-1290/HSPWC-141 Ord. No.: ROLL CALL VOTE AYES NOES ABS EX Arakaki x Easley X Childs x De Lima X Donungo X Osono X Van De Car X Ray x Snuth X 7 0 2 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki Eas ley Childs De Irma Dorrungo Osorio Van De Car Ra Smith I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/Disapproved this day Of 19 MAYOR, COUNTY OF HAWAII Bill No.. 304 (Draft Reference- C-1290/HSPWC-141 Ord. No.: . REPORT OF THE CONMUTTEE ON HUMAN SERVICES AND PUBLIC WORKS DATE: August 8, 1996 PLACE: Councilroom TIME: 9:20 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 RE: COMM. NO. 1290 Your Committee on Human Services and Public Works, to which was referred Bill No. 304 and attached Communication No. 1290, reports as follows: The purpose of Bill No. 304 is to amend various parts of Chapter 15 of the Hawaii County Code 1983 (1995 edition) relating to Parks and Recreation. Communication No. 1290 is a letter from George Yoshida, Director of the Department of Parks and Recreation, dated July 9, 1996, transmitting Bill No. 304 for adoption. The Communication states that the intent of the Bill is to make changes in the Code which would curb vandalism and the social problems faced by the Department. Bill No. 304 was first introduced at the July 16, 1996 Committee on Human Services and Public Works meeting. The Committee deferred the Bill at that time due to concerns with the intent and possible impact of the Bill. The Committee requested the Department of Parks and Recreation to provide more information on the impact of the Bill. Bill No. 304 was again addressed at the August 8, 1996 Committee on Human Services and Public Works meeting. At that meeting, the Committee received testimony from Mr. George Yoshida, Director of the Department of Parks and Recreation, explaining that Bill No. 304 does basically two things. First, the Bill allows the Department the ability to establish park hours through administrative rules instead of the County Code. This would allow flexibility in customizing park hours according to their particular usage. Second, the Bill takes care of housekeeping measures such as eliminating references to park areas that no longer exist. The Bill also removes Onekahakaha Beach Park from the list of permitable camping areas. Your Committee recommended approval, but questioned the need for much of the language included in the Bill. Due to those concerns, the Committee requested that staff prepare a simplified Draft 2 of the Bill for introduction at the Council level. Your Committee is in accord with the purpose and intent of Bill No. 304 and recommends that it pass first reading. apn Respectfully submitted ITE O7SERVICES &PUBLIC WORKS BRIAN J. D LIMA, CHAIRMAN HS&PWC REPORT NO. 141 ADOPTED: AYES NOES A&E EX DE LIMA X ARAKAKI X DOMINGO X OSORIO X RAY X SMITH X Respectfully submitted ITE O7SERVICES &PUBLIC WORKS BRIAN J. D LIMA, CHAIRMAN HS&PWC REPORT NO. 141 ADOPTED: