HomeMy WebLinkAboutOrdinance 07-023COUNTY OF HAWAII
ORDINANCE NO. 07 2a
0
STATE OF HAWAII
BILL NO. 151
(DRAFT 3)
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), RELATING TO LITTERING AND REFUSE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. This bill seeks to accomplish the following goals in relation to the
enforcement of provisions regarding littering and refuse disposal:
(1) To bolster enforcement of existing littering and refuse disposal provisions;
(2) To reinforce deterrence by adding that each day constitutes a separate offense; and
(3) To standardize language for enforcement throughout the whole of chapter 20.
SECTION 2. Chapter 20, article 1, section 20 -8 of the Hawaii County Code 1983 (2005
Edition) is amended to read as follows:
"Section 20 -8. Penalty.
(a) Any person who violates the provision of this article shall, upon conviction, be
sentenced to pay of fine [ not 1°° $2500and ]of not more than $1,000 and/or not
more than 200 hours of community service or both for each offense [
piek tip and feffieve litter from a publie place under- the supefvisien ef the depaftment
of public works or the department of par-lEs and recreation for a period of time as would
satisfy the given fine with one hour of sefviee being equivalent to $5 of the fine
amount. ]
[ TF the ,.,.....t judges the ..kdatef t,. be :..,...pable ..F late« «a.........1 a..A pick.... the .......t ....,..
provide some other community work as it deems appropriate. All persons who are caug
littering ] and shall be required to remove their litter or shall be liable for the costs of
removing that litter.
(b) Each day of violation shall constitute a separate offense."
SECTION 3. Chapter 20, article 3, section 20 -45 of the Hawaii County Code 1983 (2005
Edition) is amended to read as follows:
"Section 20 -45. Penalty.
(a) Any violation of this article is a petty misdemeanor. [ and any pefsen convieted of
vielatien shall be serAenced to pay a fine not exeeeding .• and shall eentribute not
less than twenty hours publie serviee with the depaAment of publie wolks andd
(lbj In addition to the penalties in subsection (a), any person who violates the provisions of
this article shall, upon conviction, be required to remove their refuse or shall be liable
for the costs of removing that refuse.
Lc) Each day of violation shall constitute a 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 Material to be repealed is bracketed and stricken.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. If any provision of this ordinance, or the application thereof to ay person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
Section 6. This ordinance shall take effect upon its approval.
Kona , Hawai`i
Date of Introduction:
Date of I' Reading:
Date of 2"d Reading:
Effective Date:
INTRODUCED BY: & d-17
COUNCIL ER, COUNTY OF HAWAII
February 7, 2007
February 7, 2007
February 22, 2007
March 6, 2007
REFERENCE: Comm. 59.1
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
(Draft 3)
Introduced %: Bob Jacobson
Date Introduced: _February 7, 2007
First R Cad iI, February 7, 2007
Puhii,h;d ebruary 16, 2007
R/- I / -I RKS
22, 2007
2007
Returned
March
6,
2007
Effective:
March
6,
2007
Published:
March
13,
2007
RL,U I RK.S`
ROLL C4, IV6W b _. ,
AYES
NOES;
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
5
0
4
0
I DU HEREBY CF,RTIFY that the foregoing BILL was adopted by the County Council published as
indicated aboic r
AI'Pi <OVED AS TO
FORwi,vNp LE AUTY:
UTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date �� S /'"fie %
6 *'
r11,1 OR, V YOFHAWAI7
day
IRKCOUNTY CLERK
Bill No.: 151 (Draft 3)
Reference: C- 59.1 /EMC -3
Ord No.:
0 23