HomeMy WebLinkAboutBIL 287 Draft 03 1996-1998COUNTY OF HAWAI STATE OF HAWAII
BILL NO. 287
Draft 3
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 eastern -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 southem-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 $25 for a first conviction; not more than S50 for
a second conviction; and not more than S75 for a third or subsequent conviction. Upon the third
conviction of a violation of any section or provision of this article, the Court shall order the
confiscation of the coaster, roller skates, roller blades, skateboard, or similar device used in the
subsequent violation."
2
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.
INTRODUCED BY:
�CO
COU CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of l st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm 968.12
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
BOBBY JEAN LEITHEAD-TODD
Cm nnlmenrGv
COUNTY COUNCIL
Cmmhr n/ Hawnii
Hw"m County 8ui]ding
25 Auyvni Sted
Hilo, 96720
October 28, 1998
TO: Members of the
Hawaii County Council
FROM: Bobby lean Leithead-Todd 9/1
Council Member
F:1A i tr_ th9-3'ol
SUBJECT: Bill 287, Draft 3
Relating to the Prohibition of Coasters, Roller Skates, Roller Blades,
Skateboards, and Similar Devices in the Downtown Hilo Commercial
Area
For your consideration, attached is Bill No. 287, Draft 3.
Description of changes from Draft 2:
I. Amends penalties as follows:
For first offense - from not more than S 100 to 325
For second offense - from not more than $200 for second conviction
within two years to 550 for second conviction
For third offense - from not more than $500 for third conviction within
three years to S75 for third conviction
2. Deletes provision that mandated court-ordered destruction of a skateboard,
etc. upon any subsequent conviction of a violation. Replaces with the
following provision:
"Upon the third conviction of a violation of ant, section or provision of
this article. the Court shall order the confiscation of the coaster, roller
skates. roller blades. skateboard, or similar device used in the subsequent
violation. '
These changes reduce the penalties and simplify the penalty provisions.
Your favorable consideration of this Draft 3 would be appreciated. Thank you.
Cc-.:rx Na _bir: 12
. __OCT .2 1 1903 _