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Home My WebLink AboutBIL 286 Draft 01 1996-19980 moo` COUNTY OF HAWA r:• STATE OF HAWAII BILL NO. 286 ORDINANCE. NO. AN ORDINANCE AMENDING CHAPTER 22, HAWAII COUNTY CODE 1983, RELATING TO THE REGULATION OF THE PLACE AND MANNER OF SOLICITING FOR MONEY OR OBJECTS OF VALUE IN THE DOWNTOWN HILO COMMERCIAL AREA. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 22, Hawaii County Code 1983, is amended by adding a new article to be appropriately numbered and to read as follows: "Article . Downtown Hilo Commercial Area. Division 1. General Provisions Section 1. Definitions. As used in this article, unless otherwise specified: "Aggressive manner" means: (1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value; (2) Continuing to solicit from a person after the person has given a negative response to such soliciting; (3) Intentionally or knowingly touching or causing physical contact with another person without that person's consent in the course of soliciting; (4) Intentionally or knowingly blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to stop or to take evasive action to avoid physical contact; (5) Using violent or threatening gestures toward a person solicited; (6) Following the person being solicited, with the intent of asking that person for money or other things of value; (7) Speaking in a volume unreasonably loud under the circumstances. A person shall be considered to be speaking in a volume which is unreasonably loud, if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation, or if the person fails to heed the admonition of a police officer that they are speaking in a volume which is unreasonably loud and that they should reduce the volume of their speech; or (8) Soliciting money from anyone who is waiting in line for entry to a building or who is waiting in line for any other purpose. "Automated teller machine" means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. 2 "Automated teller machine facility" means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours. "Downtown Hilo Commercial Area" means the area of Hilo bounded by the following: the Wailuku River on the west; Hilo Bay on the north; twenty feet east of the eastern -most boundary of Ponahawai Street (this boundary shall also continue in a northerly direction, from the point twenty feet east of the Ponahawai Street and Kamehameha Avenue intersection, across Kamehameha Avenue, through Bayfront Park and the Hawaii Belt Road, to Hilo Bay) on the east; and twenty feet south of the southern -most boundary of Kapiolani and Kaiulani Streets on the south (including the portion of Waianuenue Avenue which is contiguous to Kapiolani and Kaiulani Streets). "Financial institution" means any Hawaii financial institution as defined in chapter 412 of the Hawaii Revised Statutes. "Intentionally" shall be as defined in section 702-206, of the Hawaii Revised Statutes. "Knowingly" shall be as defined in section 702-206 of the Hawaii Revised Statutes. "Public place" means a place to which the public or a substantial group of persons has access including, but not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, or playground. "Restaurant" means any retail eating establishment where meals or food are served or provided for on-site consumption by seated patrons that is licensed by the department of health to operate as a food service establishment. i "Soliciting" means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. Division 2. Prohibitions Section 2. Prohibited acts within the downtown Hilo commercial area. (a) No person shall solicit in an aggressive manner in any public place. (b) No person shall solicit while under the influence of alcohol or a controlled substance. (c) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need. (d) No person shall solicit on private or residential property without permission from the owner or other person lawfully in possession of such property. (e) No person shall solicit within twenty feet of public toilets. (f) No person shall solicit within twenty feet of any entrance or exit of any financial institution or within twenty feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. (g) No person shall solicit within twenty feet of any entrance or exit of any restaurant without the consent of the owner of the property or another person legally in possession of such facility. 2 i (h) No person shall solicit within ten feet of any entrance or exit to a building without the consent of the owner of the property or another person legally in possession of such facility, with the exception of public toilets, financial institutions, or restaurants from which soliciting shall be prohibited within twenty feet of the entrance or exit. (i) No person shall solicit within ten feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility. 0) No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services. Provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle. (k) No person shall solicit in any public transportation vehicle; at any bus station or stop; or in any public parking lot or structure. (1) No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space. Division 3. Enforcement Section 3. Enforcement. It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce the provisions of this article. 5 ,0 s Section 4. Form of summons or citations. There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators. Section 5. Penalties. Any violation of this article shall constitute a petty misdemeanor punishable by imprisonment for not more than thirty days or by a fine not to exceed five hundred dollars, or by both." SECTION 2. 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 3. This ordinance shall take effect upon its approval. INTRODUCED BY: & 6•CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 966 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 0