HomeMy WebLinkAboutCOM 0124.001 2010-2012 N ir OF
BRENDA J. FORD Phone (808) 323 -4277
f :f
Council Member Fax: (808)329-4786
District 7 - Central Kona ... • °'•�' E -Mail: bford @co.
T � O ;N��
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74 -5044 Ane Keohokalole Hwy.
Kailua -Kona, Hawaii 96740 m,J
DATE: April 5, 2011
TO: Dominic Yagong, Chairperson
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member -��A
SUBJECT: Proposed Amendments to Bill No. 32; Relating to Civil Defense, Disaster Control
Please find attached proposed amendments to Bill No. 32. The proposed amendments are illustrated
below in Ramseyer format (and bolded for emphasis) with respect to the contents of Bill No. 32
(material to be deleted is bracketed and stricken through; material to be added in underlined).
Section 7 -12, as proposed in Bill No. 32, is amended to read as follows:
"Section 7 -12. Unauthorized parking [ Par-lidn g ] in designated area prohibited.
[a)] (a) Except when authorized by an authorized person or specific traffic control device,
no person shall stop, stand or park a vehicle within an impending disaster or
]�]
disaster area as described in a Mayor's and/or Governor's emergency declaration.
[h) A p er-so n f lo
and guilty of v iol a tin g this section shall o guilty of ., v iolation and
1° u bje e t t .. fi not e and the yehi..lo_may be towed an d s a +Ho
offense owners expense for eaeh separate ]
(b) The police officer citing any driver or owner for a violation of this section
may have the motor vehicle towed to and stored at a private tow yard at the
registered owner's expense pursuant to section 291C- 165.5(a) of the Hawaii
Revised Statutes.
(c) Any person convicted of unauthorized parking in a designated area shall be
punished by a fine of not more than $100 for the first conviction; not more
than $200 for the second conviction of a second offense committed within one
12 4. Serving the Interests of the People of Our Island Comm. No. �1
Hawaii County is an Equal Opportunity Provider and Employer Ref To: CAl.4i1 &:rI
Ref. Date APR p 6 ?gtl
year after the date of the first offense; not more than $500 for the third or
subsequent conviction of a third or subsequent offense committed within one
year after the date of the first offense.
A draft copy of Bill No. 32, Draft 2, is attached with the proposed amendments incorporated
therein.
BJF /dkr
att
AN ORDINANCE AMENDING CHAPTER 7 OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION), RELATING TO CIVIL DEFENSE, DISASTER
CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this measure is to prohibit persons from
parking in disaster areas.
SECTION 2. Chapter 7, Article 2, of the Hawai'i County Code 1983
(2005 edition), relating to Civil Defense, Disaster Control, is amended by adding a
new section to read as follows:
Section 7 -12. Unauthorized parking in designated area prohibited.
(a) Except when authorized by an authorized person or specific traffic control
device no person shall stop stand or park a vehicle within an impending
disaster or disaster area as described in a Mayor's and/or Governor's
emergency declaration.
(b) The police officer citing any driver or owner for a violation of this section
may have the motor vehicle towed to and stored at a private tow yard at the
registered owner's expense pursuant to section 291C- 165.5(a) of the Hawaii
Revised Statutes.
(c) Any person convicted of unauthorized parking in a designated area shall be
punished by a fine of not more than $100 for the first conviction; not more
than $200 for the second conviction of a second offense committed within one
year after the date of the first offense; not more than $500 for the third or
subsequent conviction of a third or subsequent offense committed within one
year after the date of the first offense.
SECTION 3. New material is underscored. In printing this ordinance,
the underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the
application thereof to any person or 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 5. This ordinance shall take effect upon its approval.