HomeMy WebLinkAboutOrdinance 07-004COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 365
Draft 2
ORDINANCE NO. 07 4
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, HAWAII COUNTY CODE
1983 (2005 EDITION), RELATING TO SMOKING IN CERTAIN PLACES IN THE COUNTY
OF HAWAII.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14, Article 4, Section 14 -20, Hawaii County Code 1983 (2005
Edition) is amended by adding the following new definitions to be appropriately designated and
to read as follows:
"( ) "Cigarette" means any roll for smoking made wholly or in part of tobacco,
irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed
with any other ingredient the wrapper or cover of which is made of paper or any other substance
or material except tobacco.
( ) "Tobacco product" means tobacco in any form including cigarettes."
SECTION 2. Chapter 14, Article 4, Section 14 -21, Hawaii County Code 1983 (2005
Edition) is amended by adding a new subsection to be appropriately designated and to read as
follows:
"Section 14 -21. Prohibition of smoking in certain places.
(a) Except as otherwise provided in this article, smoking shall be prohibited in all enclosed places within
the County, including but not limited to, the following places:
(1) Patient rooms, wards, waiting rooms, Iebbies, and public hallways of public and private health
care facilities, including, but not limited to, hospitals, clinics, and physicians' and dentists'
offices.
(2) Restaurants and bowling alleys, except as outlined in sections 14- 21(a)(2)(A) and 14-
21(a)(2)(13) below. If a restaurant or bowling alley contains an outdoor, open air or partially
enclosed seating area where food and beverages are served, smoking is prohibited in this area
of the establishment.
(A) Through August 31, 2004, smoking shall be permitted in a separate bar area of a
restaurant when the business operating the restaurant refrains from designating the area
as nonsmoking. A "separate bar area of a restaurant" means an indoor area of a
restaurant that is in compliance with all of the following:
(i) The area is devoted primarily to the serving of alcoholic beverages for
consumption by patrons in the area.
(ii) On a monthly basis, the gross sales of food to patrons for consumption in the area
are less than one -third of the gross sales of alcoholic beverages to patrons for
consumption in the area.
(B) Beginning September 1, 2004, a restaurant may continue to operate a separate bar area,
as defined above, provided that:
(i) There is a physical separation (consisting of solid walls with no door or window
opening into the restaurant area) between the separate bar area and restaurant;
(ii) The entrance into the bar area is totally separate and at least fifteen feet from the
entrance into the restaurant; and
(iii) The restaurant and separate bar area have separate ventilation systems.
(3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by
the County, except for residential dwelling units which shall be regulated herein as multifamily
dwellings.
(4) Except as provided in section 14 -22, all business and not - for -profit establishments, including
but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms,
private offices, conference or meeting rooms and all other enclosed facilities. This also
includes common areas, including but not limited to, work areas, elevators, hallways,
cafeterias, employee lounges, stairs, and restrooms.
(5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the
common use of all unit owners or residents, including but not limited to, lobbies, elevators,
restrooms, hallways, corridors, stairways, waiting areas and recreation areas.
(6) All enclosed or partially enclosed areas within commercial buildings not subject to the
exclusive use and possession of a enant and open to the common use of the tenants of the
building and their employees and customers, including but not limited to, common entrance
areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and
waiting or rest areas within commercial buildings.
(7) In the event a building is both a multifamily dwelling and a commercial building, as defined in
this article, all common use areas except for private residences.
(8) All enclosed or partially enclosed areas within hotels that are open to the common use of the
public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies,
elevators, hallways, corridors, stairways, waiting areas, recreation areas, banquet halls, banquet
rooms, and ballrooms.
(9) In the event a building is both a commercial building and a hotel, all common use areas except
for hotel rooms rented to guests and designated as smoking rooms.
(10) All vehicles owned or leased by the County.
(11) Taxicabs.
(12) Private residences, during hours of operation, when used as a licensed child care, adult day
care or health care facility, except in residences where the care facility is physically detached
from the residence or is separated from the owner's area.
(13) Smoking is prohibited within a reasonable distance from any entrance to, exit from, or any
fresh air intake of any enclosed area where smoking is prohibited to insure that tobacco smoke
does not enter the enclosed area through entrances, windows, ventilation systems, or other
means.
(14) Areas within private residences, during hours of operation, that are used for the care of patients
or clients in licensed residential care homes, except in residences where the care facility is
physically detached from the residence or is completely separated by a solid wall with no other
openings except closable doors or windows, which shall remain closed during hours of
operation from the owner's area where clients or patients are not allowed.
SPA
(b) Except as otherwise provided in this article smoking of cigarettes or tobacco
products or use of any tobacco products shall be prohibited in the following open areas and its
facilities within the County:
(Z) Kahalu`u Beach Park"
SECTION 3. Chapter 14, Article 4, Section 14 -24, Hawaii County Code 1983 (2005
Edition) is amended by amending subsection (b) to read as follows:
"(b) Any person violating any of the provisions of ['] subsection 14 -21(a) shall
be fined not less than $25 and not more than $50. Any person violating subsection 14 -21(b)
shall be fined $100 for each separate offense."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
rUl A
CO CIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai'i
Date of Introduction: December 20, 2006
Date of 1St Reading: December 20, 2006
Date of 2 "d Reading: January 4, 2007
Effective Date: January 19, 2007
REFERENCE: Comm. 1w 21 0.1
-3-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Virginia
Isbell
Date Introduced:
December
20, 2006
First Reading:
December
20, 2006
Published:
December
29, 2006
REMARKS:
Second Reading: January 4,
2007
To Mayor:
January
9, 2007
ABS
Returned:
January
19,
2007
Effective:
January
19,
2007
Published:
January
31,
2007
REMARKS:
I DO HEREBY CERTIFY that the foregoing BILL was c
indicated above.
APPROVED AS TO
FORMGA ITY /` ,
DEPUTY CORPORU /AT,IIOy/NI COUNSEL
COUNTY OF HAWAII
Date
T
Approved/ - isapproved this (� day
a "M4x , 20 0`I
A OR, T OFHAWAI'I
ROLL CA
AYES
NOES
ABS
EX
Ford
x
Higa
Higa
X
X
Hoffmann
Hoffmann
X
Ikeda
Ikeda
X
Jacobson
Jacobson
X
Naeole
Naeole
X
Pilago
Pilago
X
Yagong
Yagong
X
Yoshimoto
Yoshimoto
X
8
9
0
0
0
ROLL CALL VOTE
ABS
EX
Ford
Higa
MAYESNOES
X
Hoffmann
Ikeda
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
8
0
1
0
Bill No.: 365 (Draft 2)
Reference: C- 1210.1 /PSPRC -41
Ord No.: 07 4