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Home My WebLink AboutCOM 0025.003 1996-1998 YY O/ M DOMINIC YAGONG ~yW'% Phone: (808) 961-8261 Councilmem6er - - r ear CO[I?~;`1•Y COCII~CIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 cv January 27, 1997 ~ 0 ail Mr. Richard Wurdeman, ~Z' m ` 1 Corporation Counsel , ~ , Office of the Corporation Counsel = ~ , ~ ~ 101 Aupuni Street, Suite 325 ~ 'f Hilo, Hawaii 96720 ~ ui Dear Mr. Wurdeman: Subject: Request for Legal Opinion regarding Hilo Woman's Club Application for Sidewalk Use Permit for Pink Elephant Thrift Shop The Hilo Woman's Club (Applicant) has applied to the Council for a sidewalk use permit. This application, Communication No. 1407, has been referred to the Council's Public Works and Parks Committee for discussion. Your advice is requested regarding the following: 1) Does Chapter 22, Division 5, of the Hawaii County Code regulate the placing of sandwich board signs on County property? 2) If Chapter 22, Division 5, does not apply to this situation, please inform us whether the proposed use is otherwise regulated by County law and identify such laws. Backgt•ow7d.• The Applicant seeks a sidewalk use permit to place a 24" by 30" sandwich board sign on the sidewalk in front of their Pink Elephant Thrift Shop, located at 216 Kamehameha Avenue. The application indicates that the date(s) of use requested are presently Wednesday through Saturday. In her testimony before the Committee on Human Services and Public Works, on November 13, 1996, Marlene Lundquist of the Pink Elephant Thrift Shop states that the sign will not be placed on the sidewalk, but on a gravel area approximately 6 feet wide. In a letter to the Committee, received on December 12, 1996, she indicates that this gravel area is located "across from the sidewalk" and encloses a picture of the site. )~4 5.03 F11e T(o. fief. To: ~WP~. ftei• Grp MAR o s lssa Mr. Wurdeman January 17, 1997 Page Two The Committee and subsequently the Council, on December 18, 1996, expressed concerns about the precedent that granting this application for a sandwich board sign permit might establish and deferred the matter pending input from the Downtown Improvement Association. In researching this matter, Committee staff have been advised by the Department of Public Works that the sidewalk area fronting the Pink Elephant Thrift Shop is located within the County right-of--way. Staff has been further advised that this right-of--way also includes the landscaped gravel area where the Applicant proposes placing the sign. Chapter 22, Division S, Hawaii County Code -Use of Sidewalks: We note that section 22-20, Hawaii County Code, provides that: "No person shall place, leave, or deposit for the purpose of displaying, vending, hawking, selling, or soliciting airy goods, wares, or merchandise on any sidewalk within the city limits of Hilo without first obtaining a permit from the Council...." (spacing and emphasis added) Further, section 22-21, Hawaii County Code establishes two classes of permits. The first involves permits "to place newspaper stands, news racks, or other similar pa~blication dispenser on public sidewalks." The second class involves permits "to place other goods, wares, merchandise or cafe fable services on public sidewalks." (emphasis added) Your advice regarding whether the sidewalk use law applies to this matter, and further if it does not, what County laws do apply would be greatly appreciated. As the Applicant is awaiting Council action on this matter, your response at the earliest opportunity would be very helpful. If you have any questions please contact Connie Kiriu or Leslie Chow at 961-8387. Thank you very much. Sjpcerely, Dominic Yagong ha~r Public Works anark Co ittee DY/Ic Encl. INFORMATION SHEET FOR SIDEWALK USE PERMITS People seeking a sidewalk use permit should utilize this information sheet to provide the County Council with the necessary information and documentation as required by Chapter 22, Division 5, of the Hawaii County Code 1983, as amended. Applicant Name: ~ Q h' r b-~~ n1< ~e ~Gn~ h i~ .Sho Business Name and Address CLubh use ltle S ~6 amehumeha ~ ve . NatureJType of Business: ~ Yle~; ~ ~Sec~ h~~sG• M~rc{~ranc~r52 Address of Sidewalk Where Permit Is Requested: X16 I(amebarnchcc flute Services/Goods To Be Placed On Sidewalk: .~G- x 3~ Snnr~tarc~t ~n„II _ Date(s) of Use Requested: r L[11 Please attach the following: c u c-~ - ? Description of sidewalk. (Please include measurements and an accurate des~ipiiorY4~f ~ -pedestrian cieazance available after goods/services aze placed on the sidewalk. N ' " o - ? Written consent from both the owners and lessees of land, directly abutting the sidewalk azeas in question, approving the applied for use. - W 'In-addition, applicants requesting permits for cafe table service must attach the folTowins~--~ ? A copy of a current certificate of insurance or a copy of a public liability insurance policy including as an additionally named insured the County, its officers, representatives, employees, and agents, covering any claim or liability for damages, injuries or death. The minimum amount of coverage shall be $500,000 per occuaence for bodily injury or death and $50,000 per occuaence for property damage. (Please attach.) Conditions:. ~ ? The sidewalk in use must allow for unobstructed and unimpeded pedestrian traffic. ? The goods/services may not exceed a height of four feet. ~ ? All goods/services must be removed at the close of business hours. ? The applicant shall indemnify and save harmless the County, the officers and agents thereof, from all claims, demands, suits, actions or proceedings of every name, character, and description which may be brought against the County for or on account of any, injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done under this permit. Comm. 1>ra~_ FSIe I4o. .5~1'~ Itet. To: H58PWC Ret. 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