HomeMy WebLinkAboutMayor's Emergency Rule #1 May 30, 2018MAYOR'S EMERGENCY RULE #1
Pursuant to the authority vested in me by Hawai'i Revised Statutes Sections
127A-12(a)(5)(D), 127A -12(c)(12), 127A -12(c)(14), and 127A-25, I hereby promulgate
the following rule to restrict access to the area containing Kapoho Beach Lots,
Vacationland, and Kapoho Farm Lots (hereinafter the "Area"), which is bordered by
Kaphoho-Kumukahi Lighthouse Road, Kapoho Kai Road, Kalapana Kapoho Beach
Road (Highway 137), and the ocean, and which is also shown as the area marked on
the map attached hereto. This restriction is necessary due to the presently ongoing and
active volcanic eruption, which has cut off normal water service to the Area and left the
Area with restricted or limited water service.
A. Access to the Area will be limited to:
1. Residents (verified owners of real property within the area or verified
lessees of real property or structures thereon within the area with a
minimum of a six-month lease) with no guests or visitors;
2. County, State, or Federal governmental employees and verified
governmental contractors;
3. Employees and volunteers for the following types of non-governmental
organizations:
a. Utility providers;
b. Recognized humanitarian/disaster response and recovery entities;
c. Area businesses and non -profits engaged by County, State, or Federal
government response or recovery operations; and
d. Other non-governmental organizations as approved or requested by
the County, State, or Federal governments;
B. Access to the Area will be controlled by existing roadblocks, checkpoints,
and/or posts which are staffed by County, State, or Federal governmental employees on
roads leading into the area. Persons seeking access to the Area through said
roadblocks, checkpoints, and/or posts shall comply with the requests or orders of the
governmental employees staffing these roadblocks, checkpoints, and/or posts, including
but not limited to having all documents, identification, and other information necessary
to verify that the persons are permitted to enter the Area ready to present to said
governmental employees for verification, and presenting such identification,
documentation, and/or other information to the governmental employees. If conditions
in or around the Area become too hazardous for governmental employees to staff the
roadblocks, checkpoints, and/or posts, then access to the Area shall be closed to all
persons and any signs at said roadblocks, checkpoints, and/or posts notifying the public
that the Area is closed shall be obeyed.
C. Pursuant to Hawai'i Revised Statutes Section 127A-29, any person violating
this Rule shall be guilty of a misdemeanor and upon conviction fined not more than
$5,000 or imprisoned for not more than one year, or both.
D. This Rule shall be effective immediately, upon publication of this Rule, and
shall continue throughout the present emergency caused by the ongoing active volcanic
eruption or until sooner terminated by my Order.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the County of Hawaii to be affixed. Done this 30th day of May, 2018 in Hilo,
Hawail.
Harry Kim
Mayor
County of Hawai'i
Civil Defense Emergency Rule #1
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IHI
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