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Home My WebLink AboutBIL 192 Draft 02 1996-1998OFFICE INFORMATION ONLY Meeting: Hawaii County Council - April 1, 1998 Action: Close file - fails to reach 2/3 majority vote required Re: Bill 192/C-687/FWPC-87 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE HAWAII COUNTY CODE, ARTICLE 1, DIVISION 7, SECTION 22-31 (RESTRICTIONS IN CERTAIN AREAS) AS AMENDED, RELATING TO STREETS AND SIDEWALKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 22, Article 1, Division 7, Section 22-31, subsection (a) of the Hawaii County Code, is amended as follows: "Section 22-31. Restrictions in certain areas. (a) Notwithstanding a provision of law to the contrary, it shall be unlawful for any peddler to sell or offer for sale, lease or rent any goods, wares, food, merchandise, or other kinds of property or for any solicitor or canvasser to solicit orders for or distribute commercial handbills for any goods, wares, merchandise, or other kinds of property or services, on any sidewalk, street or other public area in the following designated locations: (1) Within five hundred feet from the boundary of any school property during normal school hours. (2) In Hilo on Banyan Drive except on designated areas. (3) In Kailua-Kona on Palani Road between Kuakini Highway and Alii Drive to the north, including that area known as Kaahumanu Place, and extending southward along Alii Drive to its terminus except on designated areas. (4) Commercial -zoned areas in Kealakekua, Capt. Cook and Kainaliu. (5) Areas along the Mamalahoa Highway fronting, and inclusive of the entrance and exit, to the Lucy Henriques Medical Center. (6) Areas along Kawaihae Road and Lindsey Road, fronting Waimea Civic Center, Anuenue Playground, and Waimea Park. COUNTY OF HAWK -I STATE OF HAWAII BILL NO. 192 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE HAWAII COUNTY CODE, ARTICLE 1, DIVISION 7, SECTION 22-31 (RESTRICTIONS IN CERTAIN AREAS) AS AMENDED, RELATING TO STREETS AND SIDEWALKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 22, Article 1, Division 7, Section 22-31, subsection (a) of the Hawaii County Code, is amended as follows: "Section 22-31. Restrictions in certain areas. (a) Notwithstanding a provision of law to the contrary, it shall be unlawful for any peddler to sell or offer for sale, lease or rent any goods, wares, food, merchandise, or other kinds of property or for any solicitor or canvasser to solicit orders for or distribute commercial handbills for any goods, wares, merchandise, or other kinds of property or services, on any sidewalk, street or other public area in the following designated locations: (1) Within five hundred feet from the boundary of any school property during normal school hours. (2) In Hilo on Banyan Drive except on designated areas. (3) In Kailua-Kona on Palani Road between Kuakini Highway and Alii Drive to the north, including that area known as Kaahumanu Place, and extending southward along Alii Drive to its terminus except on designated areas. (4) Commercial -zoned areas in Kealakekua, Capt. Cook and Kainaliu. (5) Areas along the Mamalahoa Highway fronting, and inclusive of the entrance and exit, to the Lucy Henriques Medical Center. (6) Areas along Kawaihae Road and Lindsey Road, fronting Waimea Civic Center, Anuenue Playground, and Waimea Park. (7) In Kona, on and along Napoopoo Road (also known as Pali Poko Road and the Lower Government Main Road), beginning at its intersection with the Mamalahoa Highway and extending southward to Middle Keei Road (also known as Government Road), and then extending along the entire length of Puuhonua Road (also known as Beach Road and Honaunau Beach Road) from its northern point at Kealakekua Bay to terminus at Honaunau Bay. ( ) Old Honokaa-Wainio Road. from its northern end of State Highway (FAS 240) on the WaiDio Valley side of Kukuihaele Village to the Wainio Valley Lookout." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provision 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 severable. SECTION 3. Material to be deleted is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and the underscoring need not be included. SECTION 4. This ordinance shall take effect one year from the date of its approval. INTRODUCED BY: %Vv � COUNCIL ME i HEI, 'OUNTY OF HAWAII Hilo, Hawaii Date of Introduction: February 18, 1998 Date of I st Reading: February 18, 1998 Date of 2nd Reading: march 6, 1998 Effective Date: REFERENCE Comm, 687.29 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced By: Date Introduced: First Reading: Published: REMARKS: Reconsideration: XKM Reading: April 1, 1998 To Mayor: Returned. Effective: Published: REMARKS: 04/01/98 - Dies upon reconsideration due to lack of two-thirds majority vote. Todd Smith I AYES I NE&W T ABS I EX I ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Leithead-Todd X Ray Reynolds X Santangelo I X Smith X Tyler X Yagong X 5 4 0 0 I DO HEREBY CERTIFY that the foregoing BILI, was adopted by the County Council and published as indicated above. Approved/Disapproved this day Of 19 MAYOR, COUNTY OF HAWAII COUNCIL CHAIRMAN COUNTY CLERK Bill No.: 192 Reference: C-687/PWPC-87 Ord. No.: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , I-Iawaii Introduced By: Dominic Yagong Date Introduced: February 18, 1998 First Reading: February 18,_ 1998 Published: N/A Reynolds REMARKS: Second Reading: Mamh 6. 1998 To Mayor: March 10, 1998 Returned: March 13. 1998 Effective: N/A Published: N/A REMARKS: 03/13/98 - Mawr veto. ROLL CALL VOTE AYES NOES ABS EX Arakaki Arakaki Chung X Chung Leithead-Todd X Ray g Ray Reynolds g Santangelo g SmithX Smith Tyler X Tyler Yagong X Yagong 6 3 0 0 tn,-mac. �t I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. ri C N CC UIdSEd CJ Y C ., Erle_ Appwreri/D,,,,pp , edth[s �--da) -- of �Gt C I l ZY M YO COUNTY gFIHAWAB �COUN LCHAIRMAN COUNTY CLERK Bill No.: 1 2 Draft 21 _ Rcfcrcace: C-687/PWPC-87 Ord. No.: ROLLCALLVOTE AYES NOES ABS EX Arakaki X Chung X Leithead-Tadd X Ray Reynolds X Santangelo Smith Tyler X Yagong I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. ri C N CC UIdSEd CJ Y C ., Erle_ Appwreri/D,,,,pp , edth[s �--da) -- of �Gt C I l ZY M YO COUNTY gFIHAWAB �COUN LCHAIRMAN COUNTY CLERK Bill No.: 1 2 Draft 21 _ Rcfcrcace: C-687/PWPC-87 Ord. No.: