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HomeMy WebLinkAboutORD 2011-049 2010-2012 M tV OS M,1, ,. COUNTY OF HAWAII •( ' ' * STATE OF HAWAII eµ, . BILL NO. 32 (DRAFT 2) ORDINANCE NO. 49 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 Hawai`i 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: April 6, 2011 Date of l' Reading: May 4, 2011 Date of 2 Reading: May 17, 2011 Effective Date: June 8, 2011 REFERENCE Comm. 124.2 2 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i (Draft 2) Introduced By: Brenda Ford ROLL CALL VOTE Date Introduced: Apri 1 6 , 2011 AYES NOES ABS EX First Reading: May 4 , 2011 Blas X Published: May 14, 2011 Ford X Hoffmann X REMARKS: Postponed - April 6, 2011; Ikeda X Meeting cancelled due to technical Onishi X complications - April 20, 2011 Pilago X Smart X Yagong X Yoshimoto X Second Reading: May 17 , 2011 8 0 1 . 0 To Mayor: May 26 , 2011 Returned: June 9 , 2011 ROLL CALL VOTE Effective: June 8, 2011 AYES NOES ABS EX Published: June 18, 7011 Blas X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: r—' COUNCIL 7 AIR'I'S11 DEPUTY C PORATION COUNSEL 7 - COUNTY F HAWAI'I t ,'VOUN Y CLERK Date : .. _ r r // 32 (Draft 2) Bill No.: t41 Reference: C-124 . 2 / FC - 3 6 pproved /D''approved this day Ord No.: 49 , 20 11 . MAYOR, COUNTY OF HAWAII