HomeMy WebLinkAboutBIL 245 Draft 01 2014-2016COUNTY OF HAWAI��([�.� F4.4
I V
ORDINANCE NO.
STATE OF HAWAI1I
BILL NO. 245
AN ORDINANCE AMENDING CHAPTER 14, HAWAN COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO DECREASE
PUBLIC EXPOSURE TO TOXIC HERBICIDES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI:
SECTION 1. Findings. The use of toxic herbicides in public spaces, such as in parks and
along roadsides and sidewalks, subjects unknowing persons and other species to a high risk oh
exposure to dangerous chemicals. There is more and more evidence that cumulative exposure to
toxic herbicides, such as those containing glyphosate, is harmful to people as well as to land and
water ecosystems.
Alternative ways to manage weeds in a manner that enhances environmental wellbeing
are available, including manual removal, planting of cover plants that beautify public ways and
roadsides, and other more cco-friendly spray applications.
The scope of this ordinance is limited to County owned or maintained public spaces and
easements and waterways and does not affect the use of herbicides on private property.
The effective date of this ordinance is July 1, 2017, in order to provide a transition period
prior to the effective date of the prohibition to determine which alternative weed management
practice would be most effective and economical, as well as using this policy change as an
opportunity to partner with interested non-profit organizations.
This ordinance is consistent with the Hawaii State Constitution, Article XI, Section 9,
which provides:
"Each person has the right to a clean and healthful environment, as defined
by laws relating to environmental quality, including control of pollution and
conservation, protection and enhancement of natural resources. Any person
may enforce this right against any party, public or private, through
appropriate legal proceedings, subject to reasonable limitations and
regulation as provided by law."
This ordinance is consistent with the t lawai`i State Constitution, Article Xl, Section I.
which provides:
"For the benefit of present and future generations, the State and its political
subdivisions shall conserve and protect ttawai'i's natural beauty and all natural
resources, including land, water, air, minerals and energy sources, and shall
promote the development and utilization of these resources in a manner
consistent with their conservation and in furtherance of the self-sufficiency of the
State. All public natural resources are held in trust by the State for the benefit of
the people."
This ordinance is consistent with the Hawaii County Charter section 13-29 `Conservation of
Natural and Cultural Resources," which provides:
"For the benefit of present and future generations, the county shall conserve
and protect Hawai`i's natural beauty and all natural and cultural resources,
including but not limited to land, water, air, minerals, energy sources, wahi
pana, surf spots, historic sites, and historic structures, and shall promote the
development and utilization of these resources in a manner consistent with
their conservation and in furtherance of the self-sufficiency of the county.
All public natural and cultural resources are held in trust by the county for
the benefit of the people."
SECTION 2. Chapter 14, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article—. Use of Toxic Herbicides in Hawaii County Parks, Roadways, and
Other County Spaces and Waterways Prohibited.
Section 14-_. Purpose.
The purpose of this article is to decrease the exposure of humans, birds, animals.
beneficial insects, and aquatic life to toxic herbicides in public places, roadways, and
waterways.
Section 14- . Definitions.
As used in this article, unless otherwise specified:
"Eco -friendly" means not harmful to the environment; being non-toxic to land and
water ecosystems.
"toxic herbicides' means those agents used to dispose of unwanted plants that are
not deemed to be eco -friendly, including but not limited to those containing glyphosate.
2,4-Dichlorophenoxyacetic, atrazine, dioxin, picloram, bipyridinium, diphenyl ether, and
tyrosine breakdown products. All herbicide products that bear a signal label of
"dangerous." "warning," "toxic to fish," or "toxic to fish and wildlife," or that indicate a
risk of groundwater contamination, are included as "toxic herbicides." I lerbicide products
with only a signal label of "caution" are excluded from the definition of "toxic herbicides."
Section 14= . Toxic herbicides in public ways prohibited.
The use of toxic herbicides is prohibited in all County owned or maintained public
parks and along all County owned or maintained roads, bikeways, sidewalks, trails, and
waterways on and after July 1, 2019.
Section 14- . Transition.
On July 1, 2017, the director of research and development shall work with the
director of parks and recreation and the director of public works to take steps to reduce the
use of toxic herbicides, including researching and testing alternative eco -friendly products
used in other municipalities and researching the possibility of producing and/ or promoting
the local production of an alternative eco -friendly herbicide to reduce costs.
Section 14- . Exemptions.
(a) In situations where compliance with the terms of this article would result in undue
hardship, the director of environmental management may exempt a particular location
for a particular period of time, provided that location is not in a public park or along a
waterway. All exemptions shall be recorded and made available to the public at the
department of environmental management and on the department's website.
(b) Any person may appeal the director's decision on any approved exemptions to the
environmental management commission."
SECTION 3. 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 invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect on July 1, 2017.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1075
INTRODUCED BY:
COIJI TCI ME . R, COUNTY OF HAWAII
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