HomeMy WebLinkAboutREP PWPC 053 11/13/1999 1998-2000 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND PARKS
DATE: November 3, 1999 RE: BILL NO. 159
PLACE: Councilroom
TIME: 9:00 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Parks, to which was referred Communication No. 508 and
attached Bill No. 159, reports as follows:
The purpose of Bill No. 159 is to move provisions placed in Chapter 22 by Ordinance 98-135,
relating to "Coasters, Roller Skates, Roller Blades, Skateboards and Similar Devices," into Chapter
24, Article I, Section 24-4 of the Hawaii County Code. The further purpose of Bill No. 159 is to
move provisions placed in Chapter 22 by Ordinance 99-1, relating to "Soliciting for Money or
Objects of Value," into Chapter 14 as a new article. Bill No. 159 would also eliminate the penalty
section created in Ordinance 98-135. This elimination which would make the enforcement provisions
in Chapter 24 the applicable penalties for violations.
Communication No. 508 from Mayor Stephen K. Yamashiro and Deputy Chief Engineer Jiro
Sumada, dated October 14, 1999, transmits Bill No. 156 for consideration. The Communication
states that administration will be proposing changes to Chapter 22 and the additions made to the
Chapter by Ordinance 98-135 and 99-1 are not compatible with the proposed changes. The
Communication further states that Bill No. 159 will move the legislation into appropriate Chapters
of the Hawaii County Code.
Community Police Officer James Sergeant Sanborn was present at the meeting and infonned the
Committee that the he had concerns regarding the new penalties that would be required for violations
relating to "Coasters, Roller Skates, Roller Blades, Skateboards and Similaz Devices." He stated that
moving the section into Chapter 24 without a separate penalty section would require first time
offenders to face a minimum $100 fine. The Committee agreed with his assessment that a fine of that
size would be a drastic change from the current situation. Councilwoman Leithead-Todd stated that
she would be submitting a Draft 2 at the Council meeting to address this concern.
A concern was raised questioning the constitutionality of the section relating to "Soliciting for
Money or Objects of Value." It was pointed out that this Bill simply moves that section of code into
another chapter. Councilwoman Leithead-Todd further shared that the courts have recently upheld
similar legislation in other counties.
Committee on Public Works & Parks
September 1, 1998
Page -2-
Your Committee is in accord with the purpose and intent of Bill No. 159, and recommends that it
pass first reading.
apn
AYES NOES A&E EX
YAGONG X Respectfully submitted
ELARIONOFF X CO ITTEE ON PUBLIC WORKS & PARKS
CHUNG X
JACOBSON x
LEITHEAD-TODD X DOMINIC YAGO C
PISICCHIO X PW&PC REP T 53
SMITH X N
TYLER X ADOPTED:
ARAKAKI E.O.M X