HomeMy WebLinkAboutBIL 172 Draft 01 1994-1996 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 172
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 22 OF THE HAWAII COUNTY CODE, AS AMENDED,
RELATING TO STREETS AND SIDEWALKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 22-31 of Article 1, Division 7, Chapter 22 of the Hawaii County Code is hereby
amended to read as follows:
"Section 22-31. Restrictions in certain areas.
(a) Notwithstanding a provision of law to the contrary, it shall be unlawful for any peddler to sell or
offer for sale any goods, wares, food, merchandise, or other kinds of property or for any solicitor
or canvasser to solicit orders for or distribute commercial handbills for any goods, wares,
merchandise, or other kinds of property or services, on any sidewalk, street or other public area
in the following designated locations:
(1) Within five hundred feet from the boundary of any school property during normal school
hours.
(2) In Hilo on Banyan Drive except on designated areas.
(3) In Kailua-Kona on Palani Road between Kuakini Highway and Alii Drive to the north,
including that area known as Kaahumanu Place, and extending southward along Alii
Drive to its terminus except on designated areas.
(4) Commercial-zoned areas in Kealakekua, Capt. Cook and Kainaliu.
(5) Areas along the Mamalahoa Highway fronting, and inclusive of the entrance and exit, to
the Lucy Henriques Medical Center.
(6) Areas along Kawaihae Road and Lindsey Road, fronting Waimea Civic Center, Anuenue
Playground, and Waimea Park.
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(7) Areas along the Beach Road,beginning at the sea wall in front of the Hikiau Heiau at
Kealakekua Bay and extending southward for a distance of approximately 1300 feet to
its intersection with Puuhonua Road(Napoopoo Honaunau Beach Road).
(b) Any person desiring to sell or offer for sale any goods, wares,merchandise, or other kinds of
property or solicit orders for or distribute commercial handbills for any goods, wares,
merchandise,or other kinds of property or services,within the areas designated under subsection
(a)(2) and (3), shall submit a request therefor to the council, and the council,upon finding that
the proposed activity will not be detrimental to the public health, safety, and welfare, shall by
resolution designate the time and place where such activity may be conducted.
(c) The provisions of this section shall not apply to any sale,or offer for sale,or solicitation of order
conducted upon the premises of any business establishment."
SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this
ordinance,the brackets and bracketed material and the underscoring need not be included.
SECTION 3. 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 severable.
SECTION 4. This ordinance shall take effect upon its approval.
&poi....
INTRODUCED BY:
OUNC MEMBER COUNTY OF HAWAII
Hilo,Hawaii
Date of Introduction: January 3 , 1996
Date of 1st Reading: January 3 , 1996
Date of 2nd Reading:
Effective Date:
BDL/gwm