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HomeMy WebLinkAboutCOM 0283.003 2014-2016Greggor Hagan Council Member Diva 4—Puna Mk,, HAWAT`I COUNTY COUNCIL 25 Aupuni Street, Hilo, Hawaii 96720 DATE: May 20. 2015 Omen: (808) 965-2712 Fax: (808)965-2707 Email- giiaganohawaiicamta,¢ur TO: Drat Mamo Kanuha, Council Chairperson $ FROM: Greggor ilagan, Council Member . %in P SUBJECT: Proposed Amendments to Bill No. 47; Relating to Neighborhood Watch Signs Please find below proposed amendments to Bill No. 47. The proposed amendments are illustrated in Ramseyer format with respect to the contents of Bill No. 47 (material to be deleted is bracketed and stricken; material to be added is underscored). SECTION 3 of Bill No. 47. which amends section 14-68 of the Code, is amended to read as follows: "SECTION 3. Chapter 14, article 11, section 14-68 of the Ilawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-68. Powers and duties. Pursuant to the provisions of this article, the chief of police is authorized to: (1) Approve the size and design of all neighborhood watch signs; (2) Approve the construction and installation of neighborhood watch signs on Counts highways; allow signs to be purchased, constructed, and installed on private roadways open to the public; and remove signs or cause signs to be removed; (3) Work with the director of public works or the director's duly authorized representative to facilitate the construction, [arA] installation removal or replacement of neighborhood watch signs on County highways; (4) Work with area coordinators or duly authorized representatives to facilitate the purchase and installation of neighborhood watch signs on private roads open to the public; and (5) Provide to a council member upon request, a listing of all active neighborhood watches by location." A copy of Bill 47, Draft 2, with the amendments incorporated. is attached as "Exhibit A." For discussion purposes, a "clean" copy of Chapter 14, Article 11, relating to "Neighborhood Watch Signs," that incorporates the amendments proposed by this bill as amended by this communication, is attached as "Exhibit B." GlIps Comm. No. Art. Ref. To: _.SM TL Ref. Date JU N O�Cj Hawaii Cmtnly is an &/ual Opp.Main. Provider.4nd Fmphnv, EXHIBIT A AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 11, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NEIGHBORHOOD WATCH SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, article 11, section 14-66 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-66. Purpose. The purpose of this article is to [pr-ovide assistanee to eemmunities whieh have organized l,b, L.,,o . ..,teh p vrl .,t . .,tion and too e the formation o zxcrgnvvrnvvcrwuc .� t„�b,u.�. �............ ,,.....:, j,r�........,........ .., .,...,.,».wb., ...., ... e l establish a process to request, purchase, construct, and install neighborhood watch signs at [appropriate] approved locations [ ems]." SECTION 2. Chapter 14, article 11, section 14-67 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-67. Definitions. [(-a)] As used in this article: "Area coordinator" means a neighborhood watch member designated as the community's liaison with the police department. [0 )] "Chief of police" means the [ehief of pahee of the GoupA .] administrative head of the County police department. "County highway" means every highway, street, or roadway under the jurisdiction and control of the County of Hawaii. [(-2-)] "Neighborhood watch [pr-ogfam]" means a [program the r ft., p liee dep 4me is neighbor-hoodse ,.:t y ,.,t,.b ] citizen crime prevention program under the County police department. [(�)] "Neighborhood watch sign" means a sign constructed and installed at the direction of the police department and pursuant to the provisions of this article. "Police officer" means the community police officer for the appropriate community, any police officer designated as such by the chief of police." Lf(4) "��pei4y" iI vsten , lamppost,-pole,c par -king g meter bridge, st sign, ar- tr-affie light loeated an publie pr-opefty. Publie utility poles are exelUded ffoffl this definition.]' SECTION 3. Chapter 14, article 11, section 14-68 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-68. Powers and duties. Pursuant to the provisions of this article, the chief of police is authorized to: [f]� [ neighbor -hood watch signs.1 Approve the size and design of all neighborhood watch signs; [(-b)](2) [Gause to h-te eenstrueted and installed on publie property, signs indiea4ing that the roteete d byneighbor-hood w^teh ] Approve the construction and installation of neighborhood watch signs on County highways; allow signs to be purchased, constructed, and installed on private roadways open to the public; and \\ ������ remove signs or cause signs to be removed; [(efl(3) [Remove o eause to be femoved, neighbor -hood . ,^f ..1-, signs 1eeate d; neighbor -heads where the „ ,.1 bor->1oa d ..^t^l, program has tefffli ^to,d.] Work with the director of public works or the director's duly authorized representative to facilitate the construction, installation, removal, or replacement of neighborhood watch signs on County highway Work with area coordinators or duly authorized representatives to facilitate the purchase and installation of neighborhood watch signs on private roads open to the public; and Provide to a council member upon request, a listing of all active neighborhood watches by location." SECTION 4. Chapter 14, article 11, section 14-69 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 14-69. Application for approval. (a) Any [pefsen] area coordinator wishing to have a neighborhood watch sign placed in the person's neighborhood shall submit an application to the chief of police. [Tho appli^^t'^� ^t i dont; fy (1) The o ph .,1 b,., n d^ o of the neighbafhead for ,.L.ie the 1' t' b ^�^ r s��i. upp�icu�ivn is vii�:g fflade (2) The number- of homes situated within the boundafies of the designated neighbofhood. (3) The names, addresses, and phone numbefs of eaeh No& eaptain and area eeafdina4ef. (4) The number of ho i4ing i the neighbor -hood w .tet e_,.fagr-atn.] The area coordinator shall fill out the current application form provided by the police department. (b) No application for the construction and installation of signs shall be approved by the chief of police unless [sixty t of the homes within the >,, tin dafies of the designate d neighbor -hood paftieip to in the neighbofhood . �^teh pr-ogfaffi.] the neighborhood watch is determined by the chief of police to be in compliance with the policies of the police department." SECTION 5. 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 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 upon approval. EXHIBIT B Article 11. Neighborhood Watch Signs. Section 14-66. Purpose. The purpose of this article is to establish a process to request, purchase, construct, and install neighborhood watch signs at approved locations. Section 14-67. Definitions. As used in this article: "Area coordinator" means a neighborhood watch member designated as the community's liaison with the police department. "Chief of police" means the administrative head of the County police department. "County highway" means every highway, street, or roadway under the jurisdiction and control of the County of Hawaii. "Neighborhood watch" means a citizen crime prevention program under the County police department. "Neighborhood watch sign" means a sign constructed and installed at the direction of the police department and pursuant to the provisions of this article. "Police officer" means the community police officer for the appropriate community, or any police officer designated as such by the chief of police." Section 14-68. Powers and duties. Pursuant to the provisions of this article, the chief of police is authorized to: (1) Approve the size and design of all neighborhood watch signs; (2) Approve the construction and installation of neighborhood watch signs on County highways; allow signs to be purchased, constructed, and installed on private roadways open to the public; and remove signs or cause signs to be removed; (3) Work with the director of public works or the director's duly authorized representative to facilitate the construction, installation, removal, or replacement of neighborhood watch signs on County highways; (4) Work with area coordinators or duly authorized representatives to facilitate the purchase and installation of neighborhood watch signs on private roads open to the public; and (5) Provide to a council member upon request, a listing of all active neighborhood watches by location. Section 14-69. Application for approval. (a) Any area coordinator wishing to have a neighborhood watch sign placed in the person's neighborhood shall submit an application to the chief of police. The area coordinator shall fill out the current application form provided by the police department. (b) No application for the construction and installation of signs shall be approved by the chief of police unless the neighborhood watch is determined by the chief of police to be in compliance with the policies of the police department." Section 14-70. Rules. The chief of police is authorized to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as are necessary to implement, administer, and enforce the provisions of this article. 4