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Home My WebLink AboutORD 2015-051 2014-2016J_tv os N9 COUNTY OF HAWAII STATE OF HAWAII Tp OFNF.i= BILL NO. 39 ORDINANCE NO. 15 51 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 [' ;] agreeing to the matter being solicited; (2) [ ] 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; [(6) Following the per-son being Belie teal ,nth the intent of a ,Ling that person for- money o other things ,f y (7) Sebe. ng money from anyone wo_is waiting i 1;. y r entry to ., building or who ; waiting ;n line for - any other- "Automated teller maehin" ne�:�-Frac'iEo�,linked to --a f;n.,nei l institution's ., nt r ends „hieh is able to . „t tr.,nsaet;ons ineluding, but not limited to: aeeoui# tr.,ns f rr deposits, sh ..:thdr- .,lo halms ee l ertg e aiaa loan pa�ments-. cc-ziut9ii .ted teller machine fae;lity" means the � ed f one o more automatic teller ma eh;nes and any adjacei# spaee- which is .,ale available to banking „ ,stemers after regular- banking „lar-banks "Fif, „1 institution" means . H .,;c: fin a,l ;nst;t„t; ,n as defined pter 412, L7.,., ai' RevisedStnt„tec&.] "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. ["Restatffant" means any retail eating establishment where meals or food ., sen.ead „ provided for o site eenstimption* seated patrons that is lieenseal by the .department of health to operate a o food s e estahlislu ep+•] "Soliciting" means [asking for money or-,.beets .=value, v4t i the iptentio that money or-objeet he tranaf rre.d at that time and at-giat plaee. c..l;ei ng shall inelude using the spoken, ,.;tten or meal word, bodily gestures signs, or other means with +he puTose of obtaining an immediate donation of money or- athef thing ofvalue o olio ting the sale of goods e e es.]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 survey, 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. [( ) The following ets are ohibite within the .�ro.�c. deser__il�nd in 1. .".. .. .. 1:,: ..... .. ... .... ......,....,»., ...,.,.,.... subseetion (b) of this seetion. {1}] No person shall solicit in an aggressive manner in any public place. [(2) No per -son shall solieit while under the influenee of aleo • • • 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 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. SECTION 6. This ordinance shall take effect upon approval. Kona , Hawai`i Date of Introduction: May 6, 2015 Date of 1St Reading: May 6, 2015 Date of 2"d Reading: May 19, 2015 Effective Date: June 12, 2015 REFERENCE Comm. 233 INTRODUCED BY: CO CIL ME BER, COUNTY UNTY OF HAWAII 9 m Ir MP 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 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. SECTION 6. This ordinance shall take effect upon approval. Kona , Hawai`i Date of Introduction: May 6, 2015 Date of 1St Reading: May 6, 2015 Date of 2"d Reading: May 19, 2015 Effective Date: June 12, 2015 REFERENCE Comm. 233 INTRODUCED BY: CO CIL ME BER, COUNTY UNTY OF HAWAII 9 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Dru Mamo Kanuha Date Introduced: May 6, 2015 First Reading: May 6, 2015 Published: May 16, 2015 REMARKS: Second Reading: May 19, 2015 To Mayor: May 28, 2 015 Returned: June 12, 2015 Effective: June 12, 2015 Published: June 20, 2015 REMARKS: COUNTY CLERK COUNTY OF HAWAII RECEIVED Time :38 Date Bp ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha . X Onishi X X Paleka X Poindexter X X Wille X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha Onishi X Paleka X Poindexter X Wille X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. A roved/Di PP roved this PP of �W�w 20 �J MAYOR, COUNTY OFHAWAFI 1 COU IL CHAIRPERSON day JNTY CLERK Bill No.: 39 Reference: C-233/FC-24 Ord No.: is 51