HomeMy WebLinkAboutBIL 039 Draft 01 2014-2016COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 39
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 13, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLICITING
FOR MONEY OR OBJECTS OF VALUE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of these amendments is to amend the current provisions
relating to soliciting for money or objects of value in accordance with First Amendment
protections for solicitation -related activity.
SECTION 2. Chapter 14, article 13, section 14-74, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 14-74. Definitions.
[(a)] 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
[ o or -other- - thin . of va „o;] agreeing to
the matter being solicited;
(2) [Cent nuing to solicit from] Following 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;
any Other
"AttAiiatoxteller- -iuEiiie» means -ia c3rE�linked to
-cc
finaneial institution's aeeount « erds :-hiet, is able to eaffy „4
tr-ansaetiens ineluding, but not fife te.t to: aeeettnt trans f rs
loan paytnetAs-.
"Autemated teller maehine f4
f o eor 4.,tie teller m ,.hi es nany .,.t aee.,t spaee
e „„m�
-hieb, is made available to banking stemers after « „lar
banking hettfs.
GGFi .,..,1 ; st:ttAie means "anyL7. .,;G; F:,, .,l institij
as defined in eri pte« 417, J II.,.,
wai'; Devised Statutes.]
"Intentionally" shall be as defined in section 702-206, Hawaii
Revised Statutes.
"Knowingly" shall be as defined in section 702-206, 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.
["Restaufa t" meansan),retail eating establishment .,,b,ere
meals or- food e ser-ved o provided f r a site e ptio ay
e. 4e.7 p tr-ons that is lieense.t by the department of health to
crate as ., food se e establishment-.1
"Soliciting" means [asking f^r money or objeets E)f va 1e with
the intention th 4 the money or-bject be tr-ansf ffe.t at that tin
w—,
tie
o,
Q l' 1n ll a 1 'tte„
a�--crt-t1i�tSc.-nvriElt�Ii�nicrr'rix c=a-S @-Spoiccir'vyzzrccrr
or pr-if 4ei1 word, bodily gestures signs, r other meant._ with tl�e
pufpese of obtaining an immediate donation of money of! othef
thing ofvalue of ehe ting the sale of goodsor-serviees.]to ask,
request, plea for, or urge support from another. Soliciting includes,
but is not limited to, requests for money or objects of value,
signing of petitions, participation in surveys, support for political
candidates or other election related matters, and support for
religious or other moral beliefs. Soliciting does not include
passively standing or sitting, nor does it include performing music,
singing, or conducting other street performances."
SECTION 3. Chapter 14, article 13, section 14-75, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 14-75. Prohibited acts.
[(a) The following aets are pfohibited within the areas deser-ibed in
subseetion (b) of this seetion.
No person shall solicit in an aggressive manner in any public
place.
11M. lWaMem
MUM-
�MM
M. I
MMM" P.MWETM
win
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.
SECTION 5. Severability. 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 ofthe ordinance which can be given effect without the 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 approval.
Hawai'i
Date of Introduction:
Date of 1" Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE Comm 233
INTRODUCED BY:
7B/R
CO CIL ME [BER,C UNTY OF HAWAII