HomeMy WebLinkAboutBIL 293 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Referred to Public Works and Parks and Recreation Committee
Action: Withdrawn by introducer (Mr. Pilago) prior to being placed on the PWPRC
agenda
Re: Bill 293; Comm. 826 (2010-2102 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 293
AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 1, SECTION 15-3, AND
ARTICLE 2, SECTION 15-21, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO PROHIBITION OF COMMERCIAL ACTIVITIES AT
HONAUNAU BOAT RAMP.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Section 15-21 of the County Code allows a person to engage in
commercial activity at any County park area if that person obtains from the County a permit,
contract, or other form of a written agreement to do so. The purpose of this ordinance is to prohibit
all forms of commercial activity at the 1-16naunau Boat Ramp to ensure that this County park area is
free from solicitation and acts of business at all times. This ordinance is not intended to restrict the
use of 1-16naunau Boat Ramp for canoe club activities, or restrict usage of the boat ramp by persons
possessing a Commercial Marine License as duly issued by the State of Hawaii Department of
Land and Natural Resources, providing such use is restricted to launching and landing of vessels,
and any other legitimate and legal action related to the licensed and regulated harvesting of aquatic
resources. Business transactions at H6naunau Boat Ramp involving the harvested aquatic resources
are prohibited by this ordinance.
SECTION 2. Chapter 15, article 1, section 15-3 of the Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 15-3. Definitions.
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.m. and 6:00 a.m.
(3) "Camping" means the act of remaining in any park area between the hours
of 11:00 p.m. and 6:00 a.m.
(4) "Commercial" or "commercial activity" means a use or purpose designed
for profit, which includes but is not limited to the exchange or buying and
selling of commodities; the providing of services relating to or connected
with trade or commerce in general; any activity performed by the
commercial operator or its employees or agents in connection with the
delivery of such commodities or services; and the soliciting of business. The
use of the premises and facilities for official canoe club activities and races
shall not be considered commercial activity.
[(4)](5)"Department" means the department of parks and recreation.
[(54](!Q"Director" means the director of the department of parks and recreation.
[(6)]Q"Park area" means all County -owned or controlled areas administered by
the County.
[(74](8,) "Recreational area" means all beach parks, and all other park areas
administered by the department primarily for the purpose of public
recreation.
[(83](9)"Picnicking" means an outing by one or more persons who consume or
intend to consume food while within the boundaries of a public premises
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.m. If
the outing is past the hour of 11:00 p.m., it shall be known as camping and
shall be governed by those provisions relating to camping.
[(9)] 1100) "Picnicker" means any person on an outing, who consumes or intends to
consume foodstuffs while within the boundaries of a public premises under
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.m. If
any person remains past the hour of 11:00 p.m., the person shall be known
as a camper and shall be governed by those provisions relating to camping."
SECTION 3. Chapter 15, article 2, section 15-21 of the Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 15-21. [Solieitation regulated.] Solicitation and commercial activity.
(a) Engaging in or soliciting any business in park areas, except in accordance with the
provisions of a permit, contract, or other written agreement with the County is
prohibited.
(b) Subsection (a) notwithstanding, commercial activityprohibited at the following
(1) Honaunau Boat Ramp."
SECTION 4. 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.
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SECTION 5. 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 6. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 826
INTRODUCED BY:
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