HomeMy WebLinkAboutBIL 040 Draft 02 2014-2016COUNTY OF HAWAII -_ STATE OF HAWAII
iF OF NF's
BILL NO. 40
( DRAFT 2 )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15, ARTICLES 2 AND 3, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKS AND
RECREATION.
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 15, article 2, division 1, section 15-9, of the Hawaii County Code
1983 (2005 Edition, as amended), is amended to read as follows:
"Section 15-9. Disorderly conduct prohibited; defined.
(a) Disorderly conduct is prohibited.
(b) A person is guilty of disorderly conduct if, with purpose to cause
public inconvenience, annoyance or alarm, or recklessly creating a
risk thereof, the person [slat]:
(1) [Engage] Engages in fighting or in threatening, violent, or
tumultuous behavior;
(2) [Make] Makes unreasonable noise or subjects another person to
offensively coarse [uee] utterances, [geese]est, [or
display] displays, or [address] abusive language [tom person
present;] in a manner which is likely to provoke a violent
response; or
(3) [Cfeate] Creates a hazardous or physically offensive condition by
any act which serves no legitimate purpose of the actor."
SECTION 3. Chapter 15, article 2, division 1, section 15-20, of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 15-20. [ ] Hitchhiking and [fig;]
commercial activities; exceptions.
[(a) Begging is prohibited.-]
[(b)](a) Hitchhiking or the soliciting of transportation is prohibited.
[(O](b) Commercial [s„ l ieiti g of any kind . ,;+h eut ^ , mit ; o hibited
pr-ovided, that this seeti ,,, shall not apply to tr-a saeti ns with
thee- zed ^ ^ s.] activity without a permit is prohibited;
provided, that this section shall not apply to transactions with
authorized concessionaires. Commercial activity includes, but is not
limited to, the exchange or buying and selling of commodities; the
providing of services related to or connected with the trade, traffic or
commerce in general; any activity performed by the commercial
operator or its employees or agents in connection with the delivery of
such commodities or services. Commercial activity does not include
commercial speech or the distribution of handbills."
SECTION 4. Chapter 15, article 3, section 15-35, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 15-35. Public [assemblies and meetin assembly; permit
required; exception.
O As used in this section, "expressive activities" means speech or
conduct, the principal object of which is the expression,
dissemination, or communication by verbal, visual, literary, or
auditory means of political, religious philosophical, or ideological
opinions, views, or ideas and for which no fee is charged or required
as a condition of the participation in or attendance at such activity.
Expressive activity generally would not include sports events,
fundraising events, beauty contests, commercial events, cultural
celebrations or other events where the principal purpose is
entertainment.
[(a)](b)Public meetings, assemblies, gatherings, demonstrations, parades,
and other [publie expressions of vie ] expressive activities are
permitted within park areas on lands which are open to the general
public, provided a permit [the fe faf has ] issued by the director
shall be required when the public meeting, assembly, gathering
demonstration, parade or expressive activity involves seventy-five or
more persons.
RA
[(b) Thepr-evisions.file seetion shall not apply to students wL,o,,
nst;t„t;,- g a art of their edueat;on-a -Aetiy t:os ffind , nde-. the
immediate dir-eetion and supervision of the proper- sehoel authefiti
of to , gaVeffiment ageney ,thin the seepe .fits funetiens.]
(c) Exceptions. This section shall not apply:
(1) To expressive activities organized or planned fewer than twent
days in advance of such expressive activity in response to news
or affairs coming into public knowledge in which case the
organizer shall provide written notice to the County as soon as
practicable prior to such expressive activity.
(2) To students when constituting a part of their educational
activities and under the immediate direction and supervision of
the proper school authorities or to any government agency within
the scope of its functions."
SECTION 5. Chapter 15, article 3, section 15-37, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 15-37. Application for permit; filing.
(a) Applications for a permit shall be filed with the director [net fess
than] at least twenty days [per] but not more than one hundred eighty
days before the date on which it is proposed to conduct any such
activity[...] ,provided that this requirement shall not appl�to
"expressive activity" as defined in section 15-35.
(b) The application shall state:
(1) The name of the person or organization proposing to conduct
such activity;
(2) If the activity is proposed to be conducted for, on behalf of, or by
an organization, the name, address, and telephone number of
headquarters of the organization, and of the authorized agent of
such organization;
(3) The name, address, and telephone number of the person who will
be the chairman of such activity and who will be responsible for
its conduct;
(4) The name, address, and telephone number of the person or
organization to whom the permit is to be issued;
(5) The date when such activity is to be conducted;
(6) The park or portion thereof for which such permit is desired;
(7) An estimate of the anticipated attendance;
(8) The hours when such activity will start and terminate;
3
(9) If the activity is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant for such permit
shall file with the director a communication in writing from the
person proposing to hold such activity, authorizing the applicant
to apply for the permit on that person's behalf; and
(10)A statement of equipment and facilities to be used in connection
with the activity."
SECTION 6. Chapter 15, article 2, division 1, section 15-21, of the Hawaii County
Code 1983 (2005 Edition, as amended), is repealed as follows:
"Section 15-21. [Solieitation regulated.] Repealed.
[Engaging ;or- soliciting a bus ;,,o�� . I a,tet ;
�� o
aee
,..a„ „with +ho „f„ p mit „t,..,etor- other- . ,.;t+or
— the County is ]"
SECTION 7. 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 8. 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 of the 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.
L'!
SECTION 9. This ordinance shall take effect upon approval.
INTRODUCUD��
\ I�
COUNCIL MEMBER, COUNTY OF IIAWAPI
I lawai`i
Date of Introduction:
Date of I" Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 234.2