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HomeMy WebLinkAboutCOM 1091.062 2012-2014STEWART MAEDA County Clerk November 6, 2014 County of Hawai `i Office of the County Clerk 25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720 (808) 961 -8255 • Fax (808) 961 -8912 To: J Yoshimoto, Chairperson, and Members of the Hawaii County Council From: tewart Maeda, County Clerk MAILE DAVID Deputy County Clerk e� 1 t-n Subject: Petition in Opposition of Bill No. 302, Prohibition of Smoking in Certain Places and the Use of Electronic Smoking Devices Attached is a petition received by our office on November 6, 2014. Thank you. SM /dg Attachments Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Comm. N D f ' Ref. To! Ref. Date NUV 1 L 2014 Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name Signature IOAVILi IOU16 151-1& 1 LI j I N Cy I S - I 0 A /u I` a a ILI -e t tin C - / I c/ �A& -1) 1 4 11q go A -11 j ll;-1 vi wair, C c OLAI- G"-L h�z r loA.;z �-�/ % % �.s 1, /�� , >� ,/� _....__a -1) j C (An F i�em FrcinK. y r o/ 2V1 91 '4' PON A�2 P, 6ne o�u 1 C /2 H ),2-&/ �- r � I DA - ,b t4— S _t c &o L�b ax ► © /Z /14 Ch��� �ev M�I�1�1� -- S.t��r,•�/t' Ie �s{ lu I� j�L�l►'t�� co � c� lo �0 ILI %0 ,711 1 � s L. El /c� 3 � � � ��n � � � ��-� r� > > �.� �4 �� r 1 � � 55� D���1�;i�Qr ���1��� 1 r � 3 � �- � ��si-� � �� (I �� i �f �-�n �� � ���� � � � Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e-cigarettes and place e-cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date 16 -22- 14 z t 10 -7-a- ty iU� a4��y. it / s� � y ____ Name 611tj -ro A) -C All 6 fl j� -,- S ► Q. 'RV Signature.. Im Ak - L5 - - ,/ ' \ , 1�r Iq 7 �� /,iP 7- 7 - v "9 Ljp 10 ld-� Irq 162WU-7 - / //,Z� a, ok 4191�0' C��elu� kill p ,4 OIL ) 'I ) ) ) 0 t,13 /�0►� 5( jaw) � /V-'l s � 15c.k- I 14,cr,-;�7-4, - t Lv.� ry c L PIC - jes'sl eA!;L O�q"A� tz -Y) cii, NA EW , r �1 J/ 14 120 , qMM w 4 Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name Signature it 3 i�l Puff l�(JI2h�DD ,� y1Y 1i � Stop excessive regulations on e- c/garettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e-cigarettes and place e-cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. (-wt sic JAI L-f 11 /4-j - - - -- - CN - -- fL C" _ _ _ IA 14 vl_ Lo vt 6 Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e-cigarettes and place e-cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commerqq'l buildings, and anywhere cigarettes are currently not allowed. Date Mare Signature d- r I oe Lf--wt J7� IdIOIJ C 1 "4 IT 0 9> M, rAl , � 1 I T> A4 ter IN r.^ C4- 9� i Q N Nci-4 Q2 li Z 4�' 6 G PAPA, IV J i o 14- N j6 Ali ,M qjj ► xd�a, t 6 t Z7, - 1 4 .0.22.4 Ma 1. p ue 10.22 -W C/. &mq, f 1�w w I�� 1 t(� MjrhCA.�Jri be-o� A Nertjo- ► a`k� `��cr���r'�► Ann , y WOWh i � ~ t Nt yxm� 4 to 1z -- J Daf�� A/o m Cl/ ., (C--> \ J ,,� �:� % :.J�,�� pia,, � �.'� -� jy� b4L7A A o A 0- 11 z� ��� Ohl ,--� - \ J Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name Signature Idtt`t r O.San 1cc y f CMVJT( plkNC� 24 r 1 rti 1 ors-- Ka �D l Rente F.� -led v z 20 oo ma h¢�►� , i - C' tT Es am 1 1 � rllltifflv� WMIP.pd- !WA l r ■ POP 70- ME MORE 1 Aw tT to /-),7 (A1v� . rb -1 h y, thV;!14!4�� C� r 5,410� to/,27/ Qr �lr. _ •• d�-,n -A A a 114 IO d tl I q she4 W, err LZ 1rn MCY r 10-W- Iq J' �r.,�r Bird 10-11- 1 '� _ �1C 13y I1'fty i0 Ai /,oi4 Kapp Pw w III 14 Vtorq wiI1�xC� -- � L .100 Ul ti (111 Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date 101221Iq Name 3KQCFF N Signature 10 tie I`I -X i b (14.. h Zr icr,�l; M -11 a to I lot a ACC lyi lfq WI -11 a cigar-.,Ates Stop Bill 302 Date Name 10/ LAPK J��z�l� 11 A4 Cry-- , fIV Usk) JL- �4 is � ��-� ll� � ,� �l� �� _ � /� Jl C9 Ll �aA z4. IRcid 6uunao 4 - j- -2q Lc�r r f 2A _ l t� L�A aT --f M�7), to iz, Lv NOW 1 11 lq� - kell�elj Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. 0 Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name Signature 101 U/m Williom Mst jqAK 1W 10 1Z 214 Lo . r HO � 10 2 l0 Z f ►�{ C Hk c► tAkaj, . j<-,(A StO &end hzi M21, Q-5f 041!01�q -2liq Y 11,1A V) 0 to/ fill 27 q lC I., h+ 1-0 14 q eL kL� 1 1 41, fw !u U POWIs Xlb ilA-Y, yet 64 S+�4 w JLO (4.4,V-Ipt KeA `� 2 f I c 124 / 2 .o i cw-lc'bec'i'-'- t ��.� ---- 10-1 i o , _7 -, 1 4- 1 RE 1c) S4 t L4 bw L l ill KO,41KA : h. Vubmao �4�NAVkA A i ckl ID c� z�- C illin 4lc , fa, loll � jrF na G rc� C—A ILJ-.Ik � . RE 2 A -9::� ca r CC� V 10 lZo- (Sxv-A cmn &%V k lo k;),6 W, IL -9::� Pr S ®�` t/7 2 ` M 14 Nvaqj kooaA4A I o f t ILt %Vlo- Nis t-a-I w;nAm tor� - ,.. (C)/2G ht kPKH L-erz-k'Ro V)k (d,�� to , 1 �Ky�lt Y 7 , k-, �oi I all fitF CO c a� Y �W (-Cd , Wfi I LT 9 �4- y 1 I P �r� 1p, lclhdl� �Cflvol tid l Ill/ 1017,4111 C iv 12 Io ? i -hom.5 )oman 4C74A 3k�� It, 2-- lt6t-4�L K4z- Zeq /L INA - �4 QAY . ) w n Oct KAW� �I Alf '17 C O"fo Jon C) WN 17A Wit llu� pp, D-S IC /3 1 LQC 14 �s V Tac4tba A a 7e> v faxv� 0 #k -M i. Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name SigRature Q11,/Ai Lrjri, (�, 10/ Z 11 y K60en Ts k, )0 L) �., �v r J41 J-1 r�►� '' -'r'' 11-/ - --.I 'SON\ ja�,Sttl V 40 ti 7 . l o -il 10 Al Wh,,4� A W- ol P� �Iakl I Lf I/ -Z (4- CL� �u�mollKq(lzm,4fSL4rPWo to l zt 0 rar4v,�,\ 12,3 --.I 2 10121�3 11q At R44 -rstA C 61/ (ILI (-IA �U (�-� � l �U�L(Gl� �c� '��v� L..z 0, L 14. i S'L',��i4A lzkX"4l :o tU tO Lk LON, (0 V� / 1 \ 7 i�,�t�NI v� )z* b lo f L( A,4 ct ti 6c4N-1 IG Ll -led 1,31 vvo 101,N4 )lq Vt�Jal v4ltdcl tz q rN 1r�C asr A 9 ,,d-qAcL/ lold-,S-Ily Maj I /a- "af-jh al,� 10 cobi ol 4-)V4K--� K4 A/C)'; ILI 02 T?-/-n S4L�"� `h J i1 E�79 1/ 11111) q rL -h-bx� I ( e- c rc 7 Iq t 1� IA iOel L-eIN �hirm0tq Stop excessive regulations on e- cigarettes Stop Bill 302 Please stop Hawaii County Bill 302. This bill will place the same regulations on e- cigarettes and place e- cigarettes in the same category as cigarettes. This bill will take away vaper's rights to vape in public beaches and parks, commercial buildings, and anywhere cigarettes are currently not allowed. Date Name Signature /0122 PY a RA in �L - X& J L, 44 . "I pt enpa Ai %0 s:- f - t n*e 0(22 6-4 Lk LP-� , - ct"v I-d 111-71aoe_� ca� Da f-�e Womb: fu re� a 9 ,/o 42- -.;2z// l �'�" art _ I 17i' -� Sl1�c� ��.� ,•� -T , _ wti CV I. /V L2 Cks+kv Ok 1012,31)q _ f� Co h AA � � 2� ► - _ � �(l�C�e � _Merl' - - -! - so ICS 9 Dn+c' amt C a Siq no X7,1 re 0 0 j v uvl k p�j 0 i O I h 1` I ow, e v g, 6 hl .; ( RO%Vj 4e L4 CA, Ciei i'tiv�w�t cads AIL (t ill) 3 qyjeCAy-\j-,_Q <;24�4:�;- �dl -A , 704 pub r f 71 2 J4 *kX-\O(A-k\- 1 Lr' 12 YY /�. y )/j K- I Y - ' 4 k�T 4'q rr j v �1 64 F.. Toii►, i 4m -t3 x �6 Z 12.- CL G F + L2 IA Q4 V1 G W 4J2-------- 4m -t3 siqn&ure v I d � © Ll T<- ILI . 00 v I Date Name: ) -- 1 -T lcl? 0 14- o /ZC Iq 2-3 p Ix -3 se-erlf AM/ t_ 1419; Ir 7-11 v Y,,4 evA i 2 16- 2-5-lq 7 , ej M /I 4� 7 1 �1 L �j �nv,[ c < oLA 10 34 Vk A 'A UAIO Signture: r N 24-ejo Date : Name: S, u iib r o - -Lt 4—a vi L c4 C e b e-! os lr y `�� t^ our - C- mZ.nl,6-C(c j -- r �v q � - - Z io/l-,4 If Ll chit ;.ey� �.- -- 'daq I fee. Lt 1d - 161 Zi 13�n e,(w.�.�/ 'c'% �' /(Sf �f ►cry � 1 �C:�,� -;` -�;�-t ��.� � __ ,, - - If � 2' i �-( Lax ,,rc_ Opi - VA - /ice kv Lj2(41c atc�c H1'ri It T 114 to 1, 4k, I,l tLt-- - -- jb/.2Lt /I4 zacha W01 PO 01-4/14 14 1 >r k kc y 0 ; a Date mil LA 24 I-' r� r i } 4 mAr- - Its i"f In -I� - lG %2,s�y jol st�S [cad 2s /�' I /1, e to _ Z) - � r Name: �aCL)� �A v-. -CZ, R�r�t9 ��rl%� � � r- � -Z. �l�J 51 ✓� U 6�kh M�lsv�� -" �(alcph C- f ��11 c N f f_ AG. c1Ck� LL -,fir /c Y� t( u�li�li FGii41 Imo'tLGt, ki \,1j Signture: Uffl -I Dat 101,7 -5/14 !2(,/ 1 !,Oh(�Ilq f IL./ I Lk q, 44 tu iZ4 10/ 2 (-/j Lf 101 &h4p to I �kll i 1241 14 io, ILA Name: Y--6 � `4 BALL-0 e^- t 0-e 5 kavv- I 5c IT0 Lesli C., NJ CP4 to WgL- �10� Is Si nture: M 4p C- Date 0/22 71 14 �� 14 (,fO %� -�` I . 0(�-7//q 10- - 4 /,C) �_ Name: u,e 1. A 7 Nl�"Ll"If 91o,1,11, i,", 94 -S e( CVaA 6 Xz U-s-'k (, %as n o,;,,� Date : Ca Cyr t �f42S 16-2 Iola,? Name: 4e ej Signture: A VL4- � l lie, lie �M`v or per, COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 302 AN ORDINANCE AMENDING CHAPTER 14 (GENERAL WELFARE), ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES AND THE USE OF ELECTRONIC SMOKING DEVICES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, article 4, section 14 -20 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14 -20. Definitions. (a) As used in this article, unless the context requires otherwise: [(4)] "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. "Incidental" means that for the prior calendar year, gross sales of food are less than one -third of gross sales of alcoholic beverages. A "bar" is authorized under a license issued by the department of liquor control. [(?)] `Bowling alley" means a building where people go to bowl. [(-3)] "Building" means any area enclosed by a roof and at least three walls. [(4)] "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit- making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal. medical, dental, engineering, architectural, or other professional services are delivered. [ » of size and shape and whether er not the tobacco is flall.,Ar,-.611 adialterated, Of FAiM."i �'ith any ether ingredient, the wrappeF or- eevef of whieh is made of papef or- any ether [(§)] "Commercial building" means a building occupied by two or more commercial tenants. "Electronic smoking devices" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to and electronic cigarette electronic cigar, electronic ciearillo, or electronic pipe, and any cartridge or other component of the device or related product. [(-7}] "Enclosed or partially enclosed area(s)" means area(s) closed in by a roof or overhang and at least two walls. [($41 "Hotel" means a transient vacation rental, other than a bed and breakfast home containing lodging or dwelling units. [(9)] "Multifamily dwelling" means a building containing more than two dwelling units. [0.8)] "Nightclub" means a bar in which live entertainment is provided and in which facilities for dancing by patrons either by live entertainment or recorded music are provided. [(I-)] "Open to the public" means areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities. 81241 "Restaurant' means any retail eating establishment where food is served or provided for on -site consumption by seated patrons that is authorized by the State department of health to operate as a food establishment, including any private food service establishment or club in which only members or their guests are permitted[ -,but this af4iele. AH that is a "Festaur-ant" shai! have that statll.,; &�w All hours of eper-a4ie tJ. The term "restaurant" includes a bar area within the restaurant and outdoor areas of restaurants. "Retail tobacco store" means a store which primarily sells tobacco products and accessories, with an entrance door opening directly to the outside, that derives more than ninety ercent of its ross revenue from the sale of tobacco products and other smoking accessories, and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of another business with any type of liquor, food or restaurant license or a store within or part of an indoor public place or a workplace such as a shoppin mall [(4 -34] "Smoke" or "smoking" means inhaling, [of] exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device [thP Ifi-IM ,S of to , other- plant material.-or-buFning of ed smeking equipment for- tebaece 0i:-­a*y--ethef: plant material; the personal hab4 [(44}] "Tobacco product" means [ ]any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed whether smoked heated chewed, absorbed dissolved, inhaled or ingested by any other means including but not limited to cigarettes cigars pipe tobacco chewing tobacco Snuff snus or an electronic smoking devices "Tobacco_ product" does not include any product specifically approved b the he United States Food and Drug Administration for legal sale as a tobacco cessation Droduct that is being marketed and sold solely for that approved purposes. " 2 SECTION 2. Chapter 14, article 4, section 14 -21 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 14 -21. Prohibition of smoking in certain places. (a) Except as otherwise provided in this article, smoking or the use of electronic smokin devices shall be prohibited in all enclosed places within the County, including but not limited to, the following places: (1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care facilities, including, but not limited to, hospitals, clinics; and [rte} medic and [dewists'] dental offices. (2) Restaurants and bowling alleysl,except as outlined in sections 14 21(a)(2)(A) and 14 below]. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment. [(A) Thfough August 31, 2004, smoking shall be permitted in a separate baF area of F st. „t that t• with all f :t f l �x�o � a re t, wing by paff;efts ifi the area. (ii) On a monthly basis, the gross sales of feed to patFOnS f0F e(3fl5tHRPfiE)fi in the area are less than one thir-d of the gr-ess sales of aleeholie beverages te patrons for eensumptien in the afea.] [ , bar aFea, as defined above, pfevided that: ,h .,t .,t iOR (GMSiSting of tid tt .i no a restaurant. (ii) The entfwree inte the a is totally separate and at least fiftten--feet i thet aaaa t the .�,.] vaa avv into iLJi'ai¢m'It;'lIYYCI (iii) The r-estauFaftt and separate bar area h (3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except for residential dwelling units which shall be regulated herein as multifamily dwellings. (4) Except as provided in section 14 -22, all business and not -for -profit establishments, including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. This also includes common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms. (5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to, lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas. (6) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers, including but not limited to, common 3 entrance areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings. (7) In the event a building is both a multifamily dwelling and a commercial building, as defined in this article, all common use areas except for private residences. (8) All enclosed or partially enclosed areas within hotels that are open to the common use of the public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies, elevators, hallways, corridors, stairways, waiting areas, recreation areas, banquet halls, banquet rooms, and ballrooms. (9) In the event a building is both a commercial building and a hotel, all common use areas except for hotel rooms rented to guests and designated as smoking rooms. (10) All vehicles owned or leased by the County. (11) Taxicabs. (12) In any motor vehicle, whenever occupied by a person less than eighteen years of age. (13) Private residences, during hours of operation, when used as a licensed child care, adult day care or health care facility, except in residences where the care facility is physically detached from the residence or is separated from the owner's area. (14) Smoking or the use of electronic smoking devices is prohibited[, IRS 328i 6,1 within a presumptively reasonable minimum distance of twenty feet from any entrance to, exit from, or any fresh air intake of any enclosed area [whefe is prohibited] to insure that tobacco smoke or vgpor does not enter the enclosed area through entrances, windows, ventilation systems, or other means. (15) Areas within private residences, during hours of operation, that are used for the care of patients or clients in licensed residential care homes, except in residences where the care facility is physically detached from the residence or is completely separated by a solid wall with no other openings except closable doors or windows, which shall remain closed during hours of operation from the owner's area where clients or patients are not allowed. (16) Bars. " (b) [ ] Smoking or the use of any tobacco products, or the use of electronic smoking devices shall be prohibited at all County parks and recreational facilities listed in section 15 -68.1. SECTION 3. Chapter 14, article 4, section 14 -22, of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 14 -22. Exceptions. [W] Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt: (l) Private residences, except as prohibited in sections 14- 21(a)[(124](13) and 14- 21(a)[(44-fl(15). (2) Individual hotel and motel rooms that are rented to guests and are designated as smoking rooms. (3) [bars.] Retail tobacco stores. provided that smoke or vapor from these places shall not infiltrate into areas where smoking is -prohibited under this article." 4 SECTION 4. Chapter 14, article 4, section 14 -23 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 14 -23. Posting of signs. (a) [" Ne S'a'lon^" sign°] Clearly legible signs that include the words "Smoking is Prohibited by Law Including E- cigarettes and All Other Electronic Smoking Devices" or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette and a symbol of an electronic smoking g evice enclosed in a red circle with a red bar across it)' or both, shall be clearly and conspicuously posted in every public place and place of employment where smoking or the use of electronic smoking devices is prohibited by this article, by the owner, operator, manager, or other person having control of such place. (b) Alternate means of notification may be employed provided the effect thereof is equivalent to the notice given by signs described in subsection (a). (c) Every public place and place of employment where smoking or the use of electronic smoking devices is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking or the use of electronic smoking devices is prohibited. (d) Any person violating any of the provisions of this section shall be issued a notice of violation and shall comply with the provisions of this section within ten days. Thereafter, the violation shall carry a fine as provided in section 14 -24(b) and/or 14- 24(c). Each violation cited shall constitute a separate offense." SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken materials and underscoring need not be included. SECTION 6. 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 7. This ordinance shall take effect on January 1, 2015. INTRODUCED BY: COUNCIL MEMBE , OUNTY OF HAWAII _ , Hawai i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1091