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HomeMy WebLinkAboutBIL 287 Draft 02 1996-1998COUNTY OF HAWATd•;STATE OF HAWAII re BILL NO. 287 raft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22, HAWAII COUNTY CODE 1983, RELATING TO THE PROHIBITION OF COASTERS, ROLLER SKATES, ROLLER BLADES, SKATEBOARDS, AND SIMILAR DEVICES IN THE DOWNTOWN HILO COMMERCIAL AREA. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION L Chapter 22, Hawaii County Code 1983, is amended by adding a new article to be appropriately numbered and to read as follows: "Article _. Coasters, Roller Skates, Roller Blades, Skateboards, and Similar Devices. Division 1. General Provisions Section 22--. Definitions. (a) As used in this article, unless otherwise specified: (1) "Downtown Hilo Commercial Area" means the area of Hilo bounded by the following: the Wailuku River on the west; Hilo Bay on the north; twenty feet east of the eastem-most boundary of Ponahawai Street (this boundary shall also continue in a northerly direction, from the point twenty feet east of the Ponahawai Street and Kamehameha Avenue intersection, across Kamehameha Avenue, through Bayfront Park and the Hawaii Belt Road, to Hilo Bay) on the east; and twenty feet south of the southern -most boundary of Kapiolani and Kaiulani Streets on the south (including the portion of Waianuenue Avenue which is contiguous to Kapiolani and Kaiulani Streets). Division 2. Prohibitions Section 22- . Coasters, Roller Skates, Roller Blades, Skateboards, and Similar Devices. (a) No person shall ride a coaster, roller skates, roller blades, skateboard, or any similar device upon any sidewalk or sidewalk area, except upon a permanent or temporary driveway specifically designated and authorized for such use, in the following designated locations: (1) Within the downtown Hilo commercial area. Division 3. Enforcement Section 22-_. Enforcement. It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce the provisions of this article. Section 22-_. Form of summons or citations. There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators. Section 22-_. Penalties. Any person who violates any provision of this article shall upon conviction be subject to a fine of: not more than S 100 for the first conviction; not more than $200 for the second conviction of a second offense committed within two years after the date of a prior conviction; and not more than $500 for the third or subsequent conviction of a third or subsequent offense committed within two years after the date of a prior conviction. Upon any subsequent conviction of a violation of any section or provision of this article, committed within two years after the date of a prior conviction, the Court shall order the destruction of the coaster, roller skates, roller blades, skateboard, or similar device used in the subsequent violation" SECTION 2. 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 3. This ordinance shall take effect upon its approval. INTRODUCEp BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: October 7, 1998 Date of l st Reading: October 7, 1998 Date of 2nd Reading: Effective Date: REFERENCE: Comm. 968.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: