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Home My WebLink AboutBIL 040 Draft 03 2014-2016JM�vfus N�p4 COUNTY OF HAWAII STATE OF HAWAII �tF O�•N'i� BILL NO. 40 (DRAFT 3) 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 [sha4]: (1) [Engage] Engages in fighting or in threatening, violent, or tumultuous behavior; (2) [Make] Makes unreasonable noise or subjects another person to offensively coarse [t ] utterances, [gest-ur-el gestures, [Of display] displays, or [address] abusive language [to any per -son present;] in a manner which is likely to provoke a violent response; or (3) [Create] 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 [self;] commercial activities; exceptions. [(a) Begging is prohibited-.] [(-b)](a) Hitchhiking or the soliciting of transportation is prohibited. [(c�](bb.) Commercial [solieitingof an), kind without ^._,,.;t ; prohibited,-- provided, tha4 this sectio shalt not apply to t,-ans ,, ^t: •t "thofized eeneessionai ] 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; an ay ctivity 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. (a) 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 activitygenerally would not include sports events, fundraising events, beauty contests, commercial events, cultural celebrations or other events where the principal pulpose is entertainment. [(af](h)Public meetings, assemblies, gatherings, demonstrations, parades, and other [publ ^ expressions of vie ] expressive activities are permitted within park areas on lands which are open to the general public, provided a permit [the fe f ,. has i.^^„] issued by the director shall be required when the public meeting, assembly,atm hering,. demonstration, parade, or expressive activity involves seventy-five or more persons. N [(b) The pr-evisions of the seetion Sh--A-11- not apply to students when �t;t„ting n aA „f their educational l nntiy ties an under- tl .�..., �..,.......b .... Y..... a..�. .,..v.. vu uvuuviaui uv�i vi�i�.,i uii�.rzzzcaarr-ciiv immediate difeet;.,,�, an supervision .file p o „L, 1 tL. 't' .............,.w .....J.J �..�...a.i...vi a.iiv YrvYvr uviiwruuzczvz cc a.�r- of tom. ui � a e t ageney within the s e of .its f,,. eti ] vi (c) Exceptions. This section shall not apply: (1) To expressive activities orianized 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; or (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 [not ess than] at least twenty days [nor] 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 apply 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; (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 Fegulated.] Repealed. [Engaging areas, exeept in aeeofdanee agreement with the County is prohibited.]" 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. H SECTION 9. This ordinance shall take effect upon approval. Hawaii Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 234.4 INTRODUCED BY: DWI 4 COUNCIL MEMBER, COUNTY OF HAWAII 5