HomeMy WebLinkAboutBIL 191 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 191
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII COUNTY
CODE 1983 AS AMENDED, RELATING TO SMOKING IN PUBLIC PLACES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article 4 of Chapter 14 of the Hawaii Code 1983, is hereby amended to
read as follows:
Article 4. Smoking in Public Places.
Section 14-20. Definitions.
(a) As used in this article, unless the context requires otherwise:
(1) "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or
carrying any lighted smoking equipment for tobacco; the personal habit
commonly known as smoking.
(2) "Open to the public" means areas within any building available for use by or
accessible to the general public during the normal course of business conducted
therein by either private or public entities.
(3) "Building" means any area enclosed by a roof and at least three walls.
(4) "Small businesses" means those business establishments having no more than five
employees working on the business premises per established work shift.
(5) `Bar' means an establishment in which the sale and consumption of intoxicating
liquor on the premises is authorized under a license issued by the department of
liquor control.
(6) "Restaurant' means a retail eating establishment authorized by the State
department of health to operate as a restaurant.
( "Shoreline" means the upper reaches of the wash of waves, other than storm and
seismic waves at high tide during the season of the year which the highest wash
of the waves occurs usually evidenced by the ed *et of vegetation growth or the
upper line of debris left by the wash of the waves
Section 14-21. Prohibition in certain places open to the public.
(a) Except as otherwise provided herein, smoking shall be prohibited in the following places
within the County:
(1) Elevators in buildings generally open to and used by the public, including
elevators in apartment and other multi -unit residential buildings.
(2) Private and semiprivate rooms, wads, waiting rooms, lobbies, and public
hallways of private health care facilities, including, but not limited to, hospitals,
clinics, and physicians' and dentists' offices.
(A) Nothing in this section shall prevent a facility from establishing waiting
areas where smoking is permitted where smoking areas comprise no more
than fifty percent of the waiting area space in the facility if the smoking
areas are physically separated by walls so that smoke does not permeate
into nonsmoking areas.
(3) Any room which is primarily used for exhibiting any motion picture, stage drama,
dance, musical performance or other similar performance during the time that the
room, hall, or auditorium is open to the public for such exhibition.
(4) Museums, libraries and galleries, provided that smoking may be permitted in a
designated portion of the reading area in a library if the smoking area comprises
no more than twenty percent of the reading area in the library and is physically
separated by walls or partitions from the remainder of the library so that smoke
does not permeate into nonsmoking areas.
(5) Restaurants with a seating capacity of more than forty patrons.
(A) Nothing in this section shall prevent a restaurant of more than forty
patrons from providing smoking areas which are reasonably proportionate
to the preference of its users.
(B) Where an establishment is both a restaurant and bar, the establishment
shall be deemed as the type of enterprise from which the major source of
income is derived, provided that if the restaurant services are provided in
one section and the bar services are provided in another section, the
restaurant section itself shall be subject to this section.
(6) The following facilities or areas in County -owned or controlled buildings:
(A) Meeting or conference rooms;
(B) Auditorium or sports areas that are enclosed;
(C) Community centers where persons may gather for meetings, parties, or any
other purpose where the area is enclosed;
(D) All areas open to the public, including service counters and reception or
waiting areas, but excluding hallways, corridors or other passageways and
private, enclosed offices not generally open to the public for the transac-
tion of business.
(7) Except as otherwise provided for in section 14-22, all areas within the following
County Beach Parks:
(A) South Hilo:
(=) Bakers Beach:
ii Bayfront Beach:
iii Carlsmith Park
iv Coconut Island
(v� Honolii Beach Park:
NO Kanakea Pond
vii James Keatoha Beach Park,
viii Kolekole Beach Park:
ix Lehia Park:
(x) Leteiwi Beach Park,
xi Liliuokalani Gardens
tzjW Onekahakaha Beach Park:
xiii Reeds Bay Bark:
xiv Richardson Park and Center.
(@.1 North/South Kona:
u
Hale Halawai:
UU
Honaunau Boat Ramp;
iii
Hookena Beach Park:
iv
Kahaluu Beach Park
(v)
Kuemanu Heiau/Waikui Pond:
vi
Magic Sands Beach Park:
vii
Manini Point
viii
Milolii Beach Park:
ix
Oneo Park:
(s)
Pahoehoe Beach Park.
(C) KAL
(i( Punalu'u Black Sand Beach Park
ii Whittington Beach Park.
Puna:
(!1 Ahalanui Beach Park:
ii Hawaiian Beaches Park:
iii Isaac Hale Beach Park.
(> North Hilo/Hamakua:
((l Lauoahoehoe Beach Park:
ii Lauoahoehoe Boat Ramo.
(F1 North/South Kohala
(ij Kaoaa Beach Park:
ii Keokea Beach Park:
iii Mahukona Boat Ramo:
dyI Mahukona Beach Park:
(v) Spencer Beach Park.
[(7)]181 Except as otherwise provided in this section and subject to the exceptions
in section 14-22, all areas open to the public in the following business
establishments:
(A) Food and grocery stores;
(B) Drug stores;
(C) Supermarkets;
(D) Banks;
(E) Savings and loan associations and industrial loan companies;
(F) Retail department stores;
(G) Credit unions.
[(8)] (9) Restrooms. Any restroom open to the public in places specified in this
section.
[(9)] (10) Notwithstanding the exceptions stated in section 14-22, any area of any
business, governmental, or charitable establishment which has been
designated by the owner, operator, manager, or other persons having
control of such establishment as a nonsmoking area and marked with a "no
smoking" sign or signs.
Section 14-22. Exceptions.
(a) Smoking may be allowed hereunder in the following places subject to section 14-21.
(1) Small businesses.
(2) A restaurant with a seating capacity of forty or fewer patrons.
(3) A restaurant while it is being used solely for private parties or gatherings.
(4) An enclosed room of a restaurant, or a banquet room used solely for private
parties or gatherings.
(5) A private restaurant or club to which only members or their guests are permitted.
(6) Any seating area completely outside the building housing the restaurant.
(7) Bars.
(8) Any property owned, controlled, or leased by State or Federal government
entities.
(9,) Within clearly designated smoking areas at county beach parks_ which are no
closer than 300 feet from the shoreline
Section 14-23. Signs.
(a) Clearly legible signs which include the words "Smoking Prohibited by Law" with letters
of not less than one inch in height shall be conspicuously posted in all places generally
open to the public where smoking is prohibited by this article, by the owner, operator,
manager, or other person having control of such place.
(b) Alternate means of notification (individual place cards, film clips, etc.) may be employed
provided the effect thereof is equivalent to the notice given by signs detailed in this
section.
[(c) All signs required by this section shall be posted by April 30, 1987.
(d)](c) Any person violating airy of the provisions of this section shall be issued a notice of
violation and shall comply with the provisions of this section within ten days. Thereafter,
the violation shall carry a fine of not more than $25. Each violation cited shall constitute
a separate offense.
Section 14-24. Violations and penalties.
(a) It is unlawful for any person to smoke in a place within the County where smoking is
prohibited.
(b) Except as otherwise provided, any person violating any of the provisions of this article
shall be punished by a fine of [$5] $25 for each violation.
Section 14-24.1. Enforcement and administration.
(a) Summons or Citation.
(1) There shall be provided for use by an officer or employee of the County duly
authorized to issue a summons or citation, or any police officer a form of
summons or citation for use in citing violators of this article which does not
provide for the physical arrest of such violators. The form and content of such
summons or citation shall be as adopted or prescribed by the administrative judge
of the district court, shall be printed on a form commensurate with the form of
other summons or citations used in modern methods of arrest, and so designed to
include all necessary information to make the same valid within the laws and
regulations of the State and the County.
(2) In every case, when a citation is issued, the original of the same shall be given to
the violator; provided that the administrative judge of the district court may
prescribe that the violator be given a carbon copy of the citation and provide for
the disposition of the original and any other copies.
(3) Every citation shall be numbered, and each carbon copy shall bear the same
number as its original.
(b) Enforcement and administration of the provisions of section 14-23 shall be under the
jurisdiction of the department of public works of the County, which department shall
have the power to formulate any applicable rules and regulations necessary to carry out
the provisions of section 14-23.
(c) Except as provided in section 14-24.1(6), enforcement of this ordinance shall be under
the jurisdiction of the County police department.
(d) In addition to the foregoing, any police officer or other officer or employee of the County
duly authorized to issue a summons or citation may eject, or cause to be ejected, from the
premises any person to whom a citation has been issued and who continues to smoke
after the person has been requested by the police officer or other duly authorized officer
or employee to stop smoking.
Section 14-24.2. Fire Code.
Nothing in this article shall be construed as superseding applicable fire code provisions. Where a
conflict between the provisions of this article and the fire code arises, the fire code provision will
prevail."
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 provisions or
applications of the ordinance which may 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 repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 4. This ordinance shall lake effect upon its approval.
INTRODUCED BY. _
� � r
C BER CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 677