HomeMy WebLinkAboutBIL 091 Draft 01 2018-2020COUNTY OF HAWAII
ORDINANCE NO.
NATE OF HAWAII
BILL NO. 91
AN ORDINANCE AMENDING CHAPTER 15, ARTICLES 1 AND 2, OF THE HAWA161
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SHOPPING
CARTS IN RECREATIONAL AREAS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to prohibit shopping carts in County
recreational areas.
SECTION 2. Chapter 15, article 1, section 15-3, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 15-3. Definitions.
As used in this chapter:
[(4)] "Authorized person" means any person authorized to enforce the provisions
of this chapter.
[(24] "Camper" means any person who remains in a park area between the hours
of 11:00 p.m. and 6:00 a.m.
[(3)] "Camping" means the act of remaining in any park area between the hours
of 11:00 p.m. and 6:00 a.m.
[(4)] "Department" means the department of parks and recreation.
[0-5)] "Director" means the director of the department of parks and recreation.
[(6)] "Park area" means all County -owned or controlled areas administered by the
County.
[(7-)] "Recreational area" means all beach parks, and all other park areas
administered by the department primarily for the purpose of public
recreation.
[(9)] "Picnicking" means an outing by one or more persons who consume or
intend to consume food while within the boundaries of a public premises
under the jurisdiction of the department of parks and recreation, but who do
not remain or intend to remain on the premises past the hour of 11:00 p.m. If
the outing is past the hour of 11:00 p.m., it shall be known as camping and
shall be governed by those provisions relating to camping.
[�9}] "Picnicker" means any person on an outing, who consumes or intends to
consume foodstuffs while within the boundaries of a public premises under
the jurisdiction of the department of parks and recreation, but who does not
remain or intend to remain upon the premises past the hour of 11:00 p.m. If
any person remains past the hour of 11:00 p.m., the person shall be known
as a camper and shall be governed by those provisions relating to camping.
"Shopping cart" means a metal or plastic handcart on three or more wheels
provided by a wholesale or retail establishment such as a supermarket."
SECTION 3. Chapter 15, article 2, division 2, section 15-28, of the Hawaii County Code
1983 (2016 Edition, as amended), is amended to read as follows:
"Section 15-28. Prohibited activities in recreational areas.
The following activities are prohibited in recreational areas:
(1) The intentional or wanton destruction, defacement or removal of any natural
feature or nonrenewable natural resource.
(2) The intentional or wanton possession, destruction, injury, defacement,
removal, or disturbance, in any manner of any public building, sign,
equipment, monument, marker, or other structure, or of any relic, artifact,
ruin, or historic or prehistoric feature or of any other similar public property.
(3) Gathering or collecting for personal use, reasonable quantities of natural
products of a renewable nature, including, but not limited to, seashells,
fruits, berries, driftwood, and marine deposits of natural origin, and the
gathering or collecting of such products for the purpose of sale.
(4) The destroying, digging, removing, or possessing of any tree, shrub, or other
plant.
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(5) The gathering or collecting of small quantities of pebbles or small rocks by
hand for personal use is permitted. The collection of such objects for the
purpose of sale is prohibited.
(6) Utilizing, placing occupyin , leaving, eaving, or in any other manner situating a
shopping cart."
SECTION 4. Material to be replaced_ is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 5. 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 6. This ordinance shall take effect upon its approval.
, Hawai `i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 375
INTRODUCED BY:
CO CIL MBER, COUNTY OF I WAI`I
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