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Home My WebLink About2023-11-05 Mayor's Emergency Proclamation and Rule: Red Flag Warning Mitchell D.Roth JMtrfOF a y;. Elizabeth A. Strance Mayor. • °°• , Corporation Counsel • : . ,Jl1 � J S.Yoshimoto Assistant Corporation f • 'c µ°•'E'o:'w►"':- Counsel COUNTY OF HAWAI`I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 •°Hilo,Hawai`i 96720 • Phone(808)961-8251 • Fax(808)961-8622 TRANSMITTAL November 9, 2023 TO: Jon Henricks, County Clerk wow Office of the County Clerk toi FROM: v` Emarie Carvalho, Supervising Legal Technician to Cody Frenz, Deputy Corporation Counsel RE: 11-05-23 Red Flag Warning Emergency Proclamation and Emergency R e No. l COPIES/ITEMS DATE DESCRIPTION Original 11-05-23 Mayor's Red Flag Warning Emergency Proclamation and Emergency Rule No. 1 TRANSMITTED FOR: ['Your information and filing ❑ Your approval ❑ Your signature and return ❑ Your review and comments • Your signature and forwarding See remarks below as noted below ❑ Filing and return (envelope enclosed) ❑ Per your request REMARKS: Enclosed is the original Emergency Proclamation for your filing as the Custodian of Records. Please contact me if you have any questions. Thank you. Enclosure Received by: ( • .--".10t) &mug (Print Name)( (Date) Hawaii County is an Equal Opportunity Provider and Employer Lee E.Lord ; ` �. ��7o� Managing Director Mitchell D.Roth Mayor - = Robert H.Command f;; ....4+ _ Deputy Managing Director r 'OF•Nra - Counft. of 1 i`l Mf .af tip Algot 25 Aupuni Street,Suite 2603 • Hilo, Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 RED FLAG WARNING EMERGENCY PROCLAMATION AND EMERGENCY RULE NO. 1 WHEREAS, Chapter 127A, Hawai`i Revised Statutes, as amended,provides for the establishment of County organizations for disaster relief with a director in charge of each political subdivision; and WHEREAS, Chapter 127A, Hawaii Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaii County Code, establishes a Civil Defense Agency within the County of Hawai`i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawai`i County Charter empowers the Mayor of the County to declare emergencies; and WHEREAS, Chapter 127A-25 authorizes the Mayor to adopt rules to carry out the provisions of Hawaii Revised Statute, Chapter 127A and that carry the full force and effect of law; and WHEREAS, on November 4, 2023, at 3:15 pm the National Weather Service issued a Red Flag Warning for all Leeward and Interior portions of Hawai'i Island which states "Dry fuels combined with strong and gusty trade winds and low humidity will produce critical fire weather conditions" and describes precautionary/preparedness actions as follows: "Outdoor burning is not recommended. Heat from vehicle exhaust systems can ignite dry grass. Park cars on areas that are paved or where vegetation is trimmed and cleared. High winds contribute to wildfire hazard. Delay activities that could throw off sparks until the wind dies down"; and WHEREAS, Hawai'i County's preparedness for a quickly spreading fire, or fires, requires that everyone take precautions and exercise caution to avoid inadvertent fires; and WHEREAS, current weather conditions and those expected over the next several days pose an imminent threat which may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment; and WHEREAS, due to the possibility of imminent disaster due to property damage and/or bodily injury to residents of Hawai`i Island, and the need for government agencies and representatives from the private sector to mobilize and provide immediate services to our island residents, a Civil Defense state of emergency is authorized pursuant to Chapter 127A, Hawai`i Revised Statutes, as amended, and Chapter 7, Hawai`i County Code; and County of Hawai`i is an Equal Opportunity Provider and Employer. Red Flag Warning Emergency Proclamation and Emergency Rule No. 1 November 4,2023 Page 2 of 2 NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawai`i, do hereby proclaim and declare that a state of emergency exists due to the threat of imminent disaster on Hawaii Island, effective November 4, 2023, 3',25Pm, Hawai`i standard time and I •hereby ORDER; This Emergency Proclamation shall be effective November 4, 2023 and shall terminate in sixty (60) days unless terminated earlier or extended by a separate proclamation, whichever shall occur first. NOW, THEREFORE, I further adopt and promulgate the following rules which shall have the full for and effect of law. Violations shall be punishable as a petty misdemeanor. 1. For the period between 12 a.m. on Sunday,November 5, 2023,through 6 am on, Tuesday,November 7, 2023, all outdoor burning is banned in the Districts of North Kohala, South Kohala,North Kona, South Kona and Kau. 2. For the period between 12 a.m. on Sunday,November 5, 2023,through 6 am on, Tuesday,November 7, 2023, all outdoor open flames are banned in the Districts of North Kohala, South Kohala,North Kona, South Kona and Kau. 3. The Director of Parks and Recreation is authorized to extend Rules 1 and 2 in County parks and facilities for a period up to the duration of this proclamation. This ORDER is effective at 27Ve%m,this 4th day of November 2023. These RULES are effective at 12 a.m. (midnight), this 5th day of November 2023. Mitchell D. Roth Mayor County of Hawai`i • APPROVED A . O FO AN D- Y: ji, �. Dakota Frenz Deputy Corporation Coun County of Hawaii is an Equal Opportunity Provider and Employer.