Section 14-1. Intoxicating liquors prohibited in certain public places.

(a) No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise:

(1) Public highways and public rights-of-way, public sidewalks, public breakwaters and public seawalls, except seawalls in parks where drinking is not prohibited;

(2) Public school grounds and buildings;

(3) Public areas or buildings contiguous to all public school grounds and buildings, except as provided herein;

(4) Public parks, except parks enumerated in section 14-2, on which children's playground equipment, such as slides, jungle gyms, seesaws and swings are located;

(5) That certain portion of parcel 24 consisting of some twenty-seven thousand ninety-nine square feet, more or less, being a portion of the property designated upon the tax maps of the Third Taxation Division as Tax Map Key No. (3)1-5-2-24, and located in Pahoa, District of Puna, County and State of Hawaii;

(6) South Hilo:

(A) Ainaola Park;

(B) Clem Akina Park;

(C) Ahualani Park;

(D) All public areas, except Coconut Island, located on the Waiakea Peninsula, makai of Kamehameha Avenue-Kalanianaole Avenue from the Wailoa River estuary to the site of the former Reeds Bay Restaurant (T.M.K. Nos. 2-1-06:11, 12, 19, and 20);

(E) Drag Strip, Hilo;

(F) Kalakaua Park;

(G) Kaumana Caves;

(H) Keikiland;

(I) Lanakila Center;

(J) Lincoln Park;

(K) Lokahi Park;

(L) Mooheau Park;

(M) Panaewa Park;

(N) Honolii Beach Park;

(O) Richardson Park and Center;

(P) Skeet and Trap Range;

(Q) Waiakea Recreation Center;

(R) Waiakea-Waena Playground;

(S) Waiolama Canal Archery/Jogging Area;

(T) Zoo, Panaewa Rainforest;

(U) All cemeteries;

(V) All swimming pools;

(W) All tennis courts (except Edith Kanakaole);

(X) Bakers Beach;

(Y) Hualani Park;

(Z) Mohouli Park;

    (AA) Leleiwi Beach Park, portion located between the pavilions and the west end of the seawall beginning at a point four-tenths of a mile west of Leleiwi Street and extending three hundred twelve feet in the westerly direction.

(7) North/South Kona:

(A) Kailua Playground;

(B) Kuemanu Heiau;

(C) Kailua Park, except as provided in section 14-2(a)(2)(F);

(D) All swimming pools;

(E) All tennis courts;

(F) Higashihara Park;

(G) Hillcrest Park;

(H) Kona Scenic Park.

(8) Ka'u:

(A) Pahala School Ground;

(B) All swimming pools;

(C) All tennis courts.

(9) Puna:

(A) Glenwood Park;

(B) Kalapana Playground;

(C) All swimming pools;

(D) All tennis courts.

(10) North Hilo/Hamakua:

(A) Laupahoehoe Playground;

(B) All swimming pools;

(C) All tennis courts;

(D) Waipio Lookout.

(11) North/South Kohala:

(A) Church Row;

(B) All swimming pools;

(C) All tennis courts;

(D) Waikoloa Highway Park;

(E) Spencer Beach Park.

(1975 C.C., c. 3, art. 2, sec. 6.02; Am. 1982, Ord. No. 810, sec. 1; Am. 1987, Ord. No. 87-70, sec. 1; Am. 1990, Ord. No. 90-104, sec. 1; Am. 1993, Ord. No. 93-7, sec. 1; Am. 1996, Ord. No. 96-54, sec. 1.)

Section 14-2. Areas requiring permits for intoxicating liquors between the hours of 10:00 a.m. and 10:00 p.m.

(a) Permits shall allow drinking of intoxicating liquors only between the hours of 10:00 a.m. and 10:00 p.m.

(1) South Hilo:

(A) Bayfront Beach;

(B) Coconut Island;

(C) Hilo Armory;

(D) Hoolulu Complex;

(E) Pomaikai Senior Center;

(F) Wainaku Gym;

(G) Equestrian Center, Panaewa;

(H) Hakalau Park;

(I) Honomu Park;

(J) Carvalho Park;

(K) Pepeekeo Community Center;

(L) University Heights Park.

(2) North/South Kona:

(A) Hale Halawai;

(B) Honaunau Arena;

(C) Imin Center;

(D) Yano Hall;

(E) Greenwell Park;

(F) That area in the terminal at Kailua Park specifically designated by the director of parks and recreation.

(3) Ka'u:

(A) Naalehu Park;

(B) Pahala Community Center.

(4) Puna:

(A) Pahoa Neighborhood Facility;

(B) Volcano Community Center;

(C) Kurtistown Park;

(D) Mt. View Park;

(E) Shipman Park.

(5) North Hilo/Hamakua:

(A) Honokaa Rodeo Arena;

(B) Haina Park;

(C) Honokaa Park.

(6) North/South Kohala:

(A) Kamehameha Park;

(B) Kohala Senior Center;

(C) Waimea Park;

(D) Waimea Senior Center.

(1975 C.C., c. 3, art. 2, sec. 6.03; Am. 1982, Ord. No. 810, sec. 2; Am. 1987, Ord. No. 87-70, sec. 1; Am. 1990, Ord. No. 90-122, sec. 2.)

Section 14-2.1. Intoxicating liquors allowed between the hours of 6:00 p.m. and 10:00 p.m.

(a) No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise, except between the hours of 6:00 p.m. and 10:00 p.m.

(1) South Hilo:

(A) Ainako Park;

(B) Kaiwiki Park;

(C) Kaumana Park and Playground;

(D) Kaumana Lani Park;

(E) Kulaimano Park;

(F) Malama Park;

(G) Papaikou Park;

(H) Waiakea-Uka Park;

(I) Wainaku Playground.

(2) North/South Kona:

(A) Reserved.

(3) Ka'u:

(A) Hawaiian Ocean View Park;

(B) Waiohinu Park.

(4) Puna:

(A) Hawaiian Beaches Park.

(5) North Hilo/Hamakua:

(A) Ahualoa Park;

(B) Laupahoehoe Senior Center;

(C) Paauilo Park;

(D) Papaaloa Park.

(6) North/South Kohala:

(A) Waikoloa Village Park.

(1987, Ord. No. 87-70, sec. 1.)

Section 14-2.2. Intoxicating liquors allowed between the hours of 10:00 a.m. and 10:00 p.m.

(a) Persons may drink intoxicating liquors in the following public areas or buildings located thereon between the hours of 10:00 a.m. and 10:00 p.m.:

(1) South Hilo:

(A) Carlsmith Park;

(B) Hilo Senior Center;

(C) James Kealoha Beach Park;

(D) Kolekole Beach Park;

(E) Leleiwi Beach Park, except a portion located between the pavilions and the west end of the seawall beginning at a point four-tenths of a mile west of Leleiwi Street and extending three hundred twelve feet in the westerly direction;

(F) Onekahakaha Beach Park.

(2) North/South Kona:

(A) Honaunau Boat Ramp;

(B) Hookena Beach Park;

(C) Kahaluu Beach Park;

(D) Magic Sands Beach Park;

(E) Manini Point;

(F) Milolii Beach Park;

(G) Napoopoo Beach Park;

(H) Pahoehoe Beach Park;

(I) Oneo Park.

(3) Ka'u:

(A) Punaluu Beach Park;

(B) Whittington Beach Park.

(4) Puna:

(A) Harry K. Brown Park;

(B) Isaac Hale Beach Park;

(C) Kaimu Beach Park.

(5) North Hilo/Hamakua:

(A) Kukuihaele Social Hall;

(B) Laupahoehoe Beach Park;

(C) Waikaumalo Park.

(6) North/South Kohala:

(A) Kapaa Beach Park;

(B) Keokea Beach Park;

(C) Mahukona Beach Park;

(D) Mahukona Boat Ramp.

(1987, Ord. No. 87-70, sec. 1; Am. 1990, Ord. No. 90-104, sec. 2; Am. 1990, Ord. No. 90-122, sec. 3; Am. 1996, Ord. No. 96-54, sec. 2.)

Section 14-3. Permit application.

(a) Only persons twenty-one years of age or older who show satisfactory proof of their age and who comply with the requirements set forth in this section shall be entitled to a permit.

(b) Any person desiring to obtain a permit, required by section 14-2, shall make application in writing to the chief of police or his authorized representative. The application shall be signed by the applicant and the person who will be responsible for the conduct of all persons at the gathering or occasion, and shall include:

(1) The full name and address of the applicant, if an individual, and, if a firm, association, corporation or club, the full names and addresses of its principal officers.

(2) The full name and address of the person who will be responsible for the conduct of all persons at the occasion or gathering. Such person shall be of good moral character. The chief of police or his authorized representative may, in his discretion, require proof of good moral character if he has good reason to doubt the moral character of the person. The proof shall be in the form of an affidavit signed by two or more responsible persons stating the duration and nature of their knowledge and acquaintance with the person and that the person is of good moral character.

(3) The place for which a permit is desired.

(4) The date and time for which a permit is desired. In no event shall the permit extend beyond 10:00 p.m.

(5) The nature of the occasion or gathering.

(6) The approximate number of persons to be in attendance.

(1975 C.C., c. 3, art. 2, sec. 6.04; Am. 1987, Ord. No. 87-70, sec. 1; Am. 1990, Ord. No. 90-122, sec. 4.)

Section 14-4. Permit conditions.

(a) Permits shall be subject to all applicable laws and ordinances and to the following conditions which shall be set forth in the permit:

(1) No person who is intoxicated shall be permitted to be or remain upon the premises.

(2) No person shall intentionally destroy, damage or injure any property.

(3) No person shall dispose of any refuse, except in receptacles placed on the premises for that purpose.

(4) The responsible person shall be present at all times.

(1975 C.C., c. 3, art. 2, sec. 6.05.)

Section 14-5. Interpretation of article.

The provisions of this article shall not be construed to permit a person to sell intoxicating liquor by obtaining a special license or otherwise.

(1975 C.C., c. 3, art. 2, sec. 6.06.)

Section 14-6. Penalty.

Any person violating any provision of this article or any condition set forth in a permit issued under this article shall, upon conviction, be punished by a fine of not more than $500.

(1975 C.C., c. 3, art. 2, sec. 6.07.)

Section 14-7. Definitions.

(a) As used in this article, unless the context clearly requires otherwise:

(1) "Agency" means organizations, public and private, whose operations are determined by the chief of police to require the use of one or more of the devices enumerated in section 14-9 to accomplish a proper purpose.

(2) "Chief of police" means the chief of police of the County or his authorized subordinate.

(3) "Devices" means a shell, cartridge, bomb, gun, or aerosol capable of emitting an obnoxious substance in gas, vapor, liquid, or solid form.

(4) "Employee" means all officers, agents, and employees of an agency whether or not such officer, agent, or employee has been issued a permit.

(5) "Gun" means revolvers, pistols, rifles, fountain pen guns, riot guns, shot guns, and cannons, portable or fixed, except those regularly manufactured, and used with firearm ammunition.

(6) "Obnoxious substance" means a substance enumerated in section 14-8 or its derivative.

(7) "Shell, cartridge, or bomb" means a shell, cartridge, or bomb capable of being discharged or exploded by the use of a percussion cap, fuse, electricity, or other means to cause or permit the release or emission of an obnoxious substance.

(1975, Ord. No. 156, sec. 1.)

Section 14-8. Possession and use of obnoxious substance prohibited.

(a) No person shall use a shell, cartridge, bomb, gun, or other device capable of emitting any liquid, gaseous, or solid substance or any combination thereof, which is injurious to a person or property, or which is nauseous, sickening, irritating or offensive to any of the senses; to injure, molest, discomfort, discommode, or coerce another in the use or control of their person or property or engage in a "crime of violence" as defined in HRS Title 37, which involves injury or threat of injury to the person or property of another.

(b) No person shall possess, discharge, use, transport, sell, or offer to sell any shell, cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN), o-chlorobenzalmalononitrile (CS), or their derivatives in any form.

(1975, Ord. No. 156, sec. 1; Am. 1995, Ord. No. 95-90, sec. 2.)

Section 14-9. Exceptions.

(a) The chief of police and his subordinates may purchase, possess, discharge, use, and transport shells, cartridges, bombs, guns, and obnoxious substances in carrying out their duties.

(b) Notwithstanding the prohibitions prescribed in section 14-8(a) and (b), private security officers who are employees of licensed private police or security agencies may purchase, possess, discharge, use, or transport shells, cartridges, bombs, guns, and other devices in carrying out their duties, subject however, to the conditions prescribed in sections 14-11 and 14-12.

(c) An employee of a government or private organization who, by necessity of employment, is required to go on private property to carry out a duty, may possess, discharge, use, or transport shells, cartridges, bombs, guns, and other devices subject to the conditions prescribed in section 14-12.

(1975, Ord. No. 156, sec. 1; Am. 1995, Ord. No. 95-90, sec. 2.)

Section 14-10. Permit required for agency.

(a) Any agency desiring to purchase, possess, discharge, use or transport an obnoxious substance shall first file an application for a permit on forms provided by the chief of police. The application shall include the name of the officer or employee who has been authorized to purchase the obnoxious substance from a vendor.

(b) The agency shall submit the name of each employee who is to possess, discharge, use or transport the device together with its application for permit, so that the chief of police may issue separate permits to each of the named employees.

(c) Each agency except for government agencies shall pay to the director of finance a sum of $50 for its permit and a sum of $5 for each permit issued to its employees.

(d) Each agency is authorized to purchase only the device emitting an obnoxious substance listed on its permit. The device shall at all times remain in the exclusive ownership and control of the agency.

(1975, Ord. No. 156, sec. 1; Am. 1995, Ord. No. 95-90, sec. 2.)

Section 14-11. Investigation of agency; issuance of permit.

(a) The chief of police, upon application by an agency, shall determine that the possession, discharge, use, and transportation of a device is necessary due to the nature of the service or services performed by the agency. The chief of police shall have the sole authority to determine the specific service or services for which there is a necessity for the use of a device. The device shall be used only in connection with the performance of the authorized service or services.

(b) The chief of police shall issue a permit to the individual employee only upon finding that the employee:

(1) Is of good moral character;

(2) Is at least eighteen years of age;

(3) Has not been convicted in this State or elsewhere of a crime of violence or of the illegal use, possession or sale of narcotics; and

(4) Has not been adjudged insane.

The agency shall cooperate in providing all such evidence as to fitness of the employee as may be required by the chief of police in making the foregoing findings.

The permit furnished by the chief of police shall be carried on the employee's person whenever the employee is in possession of a device.

(c) Upon making a determination under subparagraphs (a) and (b) favorable to the requesting agency, the chief of police shall issue to the agency a permit authorizing it to purchase, own, and control the device or devices listed. A copy of the permit shall be retained on file at the police department.

(1975, Ord. No. 156, sec. 1.)

Section 14-12. Conditions; storage and transportation.

(a) Agencies described in section 14-9(b) and (c) shall be subject to the following conditions of purchase, use, storage, possession, transportation, and other requirements in connection with an obnoxious substance.

(b) All devices emitting obnoxious substances owned by an agency except those enumerated in section 14-9(c), which may be secured in a locked compartment in the agency vehicle, shall be stored at a single location which is under the exclusive control of the agency and approved by the chief of police. The issuance and reissuance of the devices shall only be to employees authorized under section 14-11(b) according to controls approved by the chief of police. In addition, an accurate record of the issuance and return of all devices as well as the number of devices in the possession of each employee and the number in possession of the agency shall be kept by the agency.

(c) The possession and transportation of a device by an employee shall be, unless otherwise provided, restricted to:

(1) Transportation between the place of storage and the place of performance of the approved service;

(2) The location where the services for which the use of the device was approved are being performed; and

(3) Transportation from one place of performance of an approved service to another, if during the course of the employee's duties he is required to provide services at more than one place.

(d) The employee shall discharge or use the device only within the scope of and when reasonably necessary to employment.

(e) The agency will be liable for the negligent use or misuse of a device under its control whether or not the device is being used by its employee within the scope of employment; provided, the penalty provision of section 14-16 shall not apply to the agency for the unlawful act of its employee unless the act is permitted or induced by the action of the agency.

(f) The records and procedures for the possession, use, and transportation of a device shall be subject to inspection by the chief of police from time to time.

(1975, Ord. No. 156, sec. 1.)

Section 14-13. Vendor's license required; fee.

(a) Any person vending an obnoxious substance shall first obtain a license from the director of finance.

(b) The annual fee for a license under this section shall be $25, which shall be payable to the director of finance.

(1975, Ord. No. 156, sec. 1.)

Section 14-14. Vendor's records; deliveries.

(a) The vendor shall keep an accurate record of the sale of obnoxious substances including monthly inventories showing the quantity and type of device received, inventories showing the quantity of devices on hand, accurate records of the sale of devices including the name of the purchasing agency, date of purchase, type of obnoxious substance sold and the number of each type, and such other records as the chief of police may require.

(b) The chief of police shall have access to the vendor's books and records pertaining to the purchase and sale of obnoxious substance at reasonable times during business hours.

(c) The sale of obnoxious substance shall be made in case sized units as packaged at the factory and unopened except that the unopened case may be placed in a container provided by the local vendor prior to the sale. Sales of obnoxious substance shall be made only to the authorized representative of the purchasing agency as provided in sections 14-10, 14-11, and 14-12 or in the case of delivery to the agency, the delivery shall be only to the location specified in the agency's permit. Deliveries as provided under this article shall be made only by the personnel of the vendor or the delivery service. No permit shall be required for the personnel of the vendor or delivery service making such deliveries.

(1975, Ord. No. 156, sec. 1.)

Section 14-15. Renewal of licenses and permits.

A license or permit issued under this article shall be renewed every year before July 2.

(1975, Ord. No. 156, sec. 1.)

Section 14-16. Penalty.

A person who violates any provision of this article shall upon conviction be punished by imprisonment not to exceed one year or by a fine not to exceed $1,000 or both. Upon conviction, the license or permit issued to the person shall be revoked.

(1975, Ord. No. 156, sec. 1.)

Section 14-17. Definition.

(a) As used in this article, unless the context clearly requires otherwise:

(1) "Machine or device for reproducing sound" includes any magnifying sound instrument used in the production or replication of music, spoken words, or other sounds, other sound amplification designed to enlarge the volume of sound produced by any instrument or by the human voice.

(1975 C.C., c. 6, art. 11, sec. 12; Am. 1990, Ord. No. 90-65, sec. 2.)

Section 14-18. Use of sound reproducing devices in public areas.

(a) It shall be a violation of law for any person or persons to play, use, operate, or permit to be played, used, or operated, any radio, tape recorder, cassette player, or other machine or device for reproducing sound, if:

(1) Such machine or device is located in or on:

(A) Any public property, including any public street, highway, building, sidewalk, park, or thoroughfare; or

(B) Any motor vehicle on a public street, highway, or public space; and

(2) The sound generated by such machine or device is audible at a distance of fifty feet from the machine or device producing the sound.

(b) Possession by a person or persons of any of the machines or devices enumerated in subsection (a) shall be prima facie evidence that that person, or those persons, operated the machine or device at the time in question, in violation of this section.

(1975 C.C., c. 6, art. 11, sec. 11; Am. 1990, Ord. No. 90-65, sec. 2.)

Section 14-19. Enforcement.

(a) Powers of Arrest or Citation. Any police officer shall be authorized to issue a citation for any violation under this article. An arrest under the provisions of this article may only be effected by a police officer, and only in instances where:

(1) The alleged violator refuses to provide the officer with such person's name and address and any proof thereof as may be reasonably available to the alleged violator.

(2) When the alleged violator refuses to cease such activity after being issued a citation.

(b) Citation.

(1) There shall be provided for use by authorized police officers, a form of citation for use in citing violators of this article which does not mandate physical arrest of such violators. The form and content of such citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other citations used in modern methods of arrest so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the County of Hawaii.

(2) In every case when a citation is issued, a copy of the same shall be given to the violator.

(3) Every citation shall be consecutively numbered and each carbon copy shall bear the name of its respective original.

(1975 C.C., c. 6, art. 11, sec. 12; Am. 1990, Ord. No. 90-65, sec. 2.)

Section 14-19.1. Permits.

(a) A permit for a temporary exemption from the provisions of subsection (a) of this article may be issued by the chief of police to commercial, religious, political, civic, charitable, athletic, and other organizations, or individuals, for activities such as carnivals, parades, fund raisers, fairs, bazaars, public speeches and meetings.

(b) The chief of police shall prescribe a form of application for such a permit which shall be completed by the applicant and which, when completed, shall state the date, time of day, duration, and nature of the proposed activity, the reason for the proposed activity, the name of the person who shall be in charge of the proposed activity, and such other pertinent information as the chief shall deem necessary.

(c) In determining whether to grant or deny an application for a permit hereunder, the chief shall consider the information provided in the application together with the impact of the proposed noise on the health, safety and welfare of the residents of and visitors to the surrounding area. If more information is needed in order for the chief to make a determination on the application, the chief may request further information from the applicant by means of a supplemental application.

(d) The applicant shall submit the completed form to the chief not later than five days prior to the proposed activity; thereafter, the chief shall notify the applicant of the decision to grant or deny the permit within three days of the submission of the completed application and any required supplemental application.

(e) The permit shall state the date, place, time, duration, and nature of the proposed activity, shall be in the possession of the person in charge of the activity, and shall be produced for inspection upon the request of any law enforcement officer.

(f) The chief may issue a permit subject to conditions which shall be stated upon the permit; including limitations upon the sound level, duration, or time of day of the activity, or the requirement that breaks be taken in the activity.

(g) The chief may adopt rules not inconsistent herewith for the implementation of the permit system established in this section. Such rules may include provisions for the granting of a permit when an application is received less than five days prior to the proposed activity.

(1990, Ord. No. 90-65, sec. 2.)

Section 14-19.2. Exemptions.

The following shall be exempt from the prohibitions set forth in section 14-18:

(1) Activities of the County of Hawaii, State of Hawaii, or the United States; and

(2) Activities of private persons or entities acting within the permitted uses of a permit issued by the County of Hawaii, State of Hawaii, or the United States.

(3) Amplifying devices within sight-seeing cars, buses, motor coaches, or other similar vehicles, designed primarily to address passengers within the vehicles.

(4) Amplifying devices on or within ambulances or authorized emergency vehicles.

(1990, Ord. No. 90-65, sec. 2.)

Section 14-19.3. Penalty.

(a) Any person convicted of a violation of the provisions of this article shall be punished by a fine of:

(1) Up to $100 for the first offense; or

(2) Up to $500 for the second offense, if such offense is committed within six months of the first offense; or

(3) Up to $1,000, or forfeiture of the sound system or components of the sound system up to $1,000 in value, or a combination of a fine and forfeiture, up to a total of $1,000, for conviction of the third or more offense, if such offense is committed within one year of the first offense;

(b) Any offense occurring after the first year of the first offense, and each successive year thereafter, shall be subject to the provisions of subsection (a) as though it were the first instance of the offense.

(1990, Ord. No. 90-65, sec. 2.)

Section 14-20. Definitions.

(a) As used in this article, unless the context requires otherwise:

(1) "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or carrying any lighted smoking equipment for tobacco; the personal habit commonly known as smoking.

(2) "Open to the public" means areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities.

(3) "Building" means any area enclosed by a roof and at least three walls.

(4) "Small businesses" means those business establishments having no more than five employees working on the business premises per established work shift.

(5) "Bar" means an establishment in which the sale and consumption of intoxicating liquor on the premises is authorized under a license issued by the department of liquor control.

(6) "Restaurant" means a retail eating establishment authorized by the State department of health to operate as a restaurant.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2.)

Section 14-21. Prohibition in certain places open to the public.

(a) Except as otherwise provided herein, smoking shall be prohibited in the following places within the County:

(1) Elevators in buildings generally open to and used by the public, including elevators in apartment and other multi-unit residential buildings.

(2) Private and semiprivate rooms, wards, waiting rooms, lobbies, and public hallways of private health care facilities, including, but not limited to, hospitals, clinics, and physicians' and dentists' offices.

(A) Nothing in this section shall prevent a facility from establishing waiting areas where smoking is permitted where smoking areas comprise no more than fifty percent of the waiting area space in the facility if the smoking areas are physically separated by walls so that smoke does not permeate into nonsmoking areas.

(3) Any room which is primarily used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance during the time that the room, hall, or auditorium is open to the public for such exhibition.

(4) Museums, libraries and galleries, provided that smoking may be permitted in a designated portion of the reading area in a library if the smoking area comprises no more than twenty percent of the reading area in the library and is physically separated by walls or partitions from the remainder of the library so that smoke does not permeate into nonsmoking areas.

(5) Restaurants with a seating capacity of more than forty patrons.

(A) Nothing in this section shall prevent a restaurant of more than forty patrons from providing smoking areas which are reasonably proportionate to the preference of its users.

(B) Where an establishment is both a restaurant and bar, the establishment shall be deemed as the type of enterprise from which the major source of income is derived, provided that if the restaurant services are provided in one section and the bar services are provided in another section, the restaurant section itself shall be subject to this section.

(6) The following facilities or areas in County-owned or controlled buildings:

(A) Meeting or conference rooms;

(B) Auditorium or sports areas that are enclosed;

(C) Community centers where persons may gather for meetings, parties, or any other purpose where the area is enclosed;

(D) All areas open to the public, including service counters and reception or waiting areas, but excluding hallways, corridors or other passageways and private, enclosed offices not generally open to the public for the transaction of business.

(7) Except as otherwise provided in this section and subject to the exceptions in section 14-22, all areas open to the public in the following business establishments:

(A) Food and grocery stores;

(B) Drug stores;

(C) Supermarkets;

(D) Banks;

(E) Savings and loan associations and industrial loan companies;

(F) Retail department stores;

(G) Credit unions.

(8) Restrooms. Any restroom open to the public in places specified in this section.

(9) Notwithstanding the exceptions stated in section 14-22, any area of any business, governmental, or charitable establishment which has been designated by the owner, operator, manager, or other persons having control of such establishment as a nonsmoking area and marked with a "no smoking" sign or signs.

(1977, Ord. No. 279, sec. 2; Am. 1977, Ord. No. 302, sec. 1; Am. 1982, Ord. No. 812, sec. 1; Am. 1987, Ord. No. 87-1, sec. 2.)

Section 14-22. Exceptions.

(a) Smoking may be allowed hereunder in the following places subject to section 14-21.

(1) Small businesses.

(2) A restaurant with a seating capacity of forty or fewer patrons.

(3) A restaurant while it is being used solely for private parties or gatherings.

(4) An enclosed room of a restaurant, or a banquet room used solely for private parties or gatherings.

(5) A private restaurant or club to which only members or their guests are permitted.

(6) Any seating area completely outside the building housing the restaurant.

(7) Bars.

(8) Any property owned, controlled, or leased by State or Federal government entities.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2.)

Section 14-23. Signs.

(a) Clearly legible signs which include the words "Smoking Prohibited by Law" with letters of not less than one inch in height shall be conspicuously posted in all places generally open to the public where smoking is prohibited by this article, by the owner, operator, manager, or other person having control of such place.

(b) Alternate means of notification (individual place cards, film clips, etc.) may be employed provided the effect thereof is equivalent to the notice given by signs detailed in this section.

(c) All signs required by this section shall be posted by April 30, 1987.

(d) Any person violating any of the provisions of this section shall be issued a notice of violation and shall comply with the provisions of this section within ten days. Thereafter, the violation shall carry a fine of not more than $25. Each violation cited shall constitute a separate offense.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2.)

Section 14-24. Violations and penalties.

(a) It is unlawful for any person to smoke in a place within the County where smoking is prohibited.

(b) Except as otherwise provided, any person violating any of the provisions of this article shall be punished by a fine of $5 for each violation.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2.)

Section 14-24.1. Enforcement and administration.

(a) Summons or Citation.

(1) There shall be provided for use by an officer or employee of the County duly authorized to issue a summons or citation, or any police officer a form of summons or citation for use in citing violators of this article which does not provide for the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court, shall be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, and so designed to include all necessary information to make the same valid within the laws and regulations of the State and the County.

(2) In every case, when a citation is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a carbon copy of the citation and provide for the disposition of the original and any other copies.

(3) Every citation shall be numbered, and each carbon copy shall bear the same number as its original.

(b) Enforcement and administration of the provisions of section 14-23 shall be under the jurisdiction of the department of public works of the County, which department shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of section 14-23.

(c) Except as provided in section 14-24.1(b), enforcement of this ordinance shall be under the jurisdiction of the County police department.

(d) In addition to the foregoing, any police officer or other officer or employee of the County duly authorized to issue a summons or citation may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been requested by the police officer or other duly authorized officer or employee to stop smoking.

(1987, Ord. No. 87-1, sec. 2.)

Section 14-24.2. Fire Code.

Nothing in this article shall be construed as superseding applicable fire code provisions. Where a conflict between the provisions of this article and the fire code arises, the fire code provision will prevail.

(1987, Ord. No. 87-1, sec. 2.)

Section 14-25. Title.

This article shall be known as the Fireworks Control Code.

(1980, Ord. No. 584, sec. 2.)

Section 14-26. Definitions.

(a) As used in this article, unless the context otherwise requires:

(1) "Fireworks" means any manufactured article designed primarily for the purpose of producing visible or audible effects by combustion or explosion.

(2) "Pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of fireworks.

(3) "Common fireworks" means fireworks that are suitable for use by the public and that are included in and limited to the following:

(A) Novelties consisting of two or more devices when approved by the Bureau of Explosives of the Association of American Railroads when consistent with provisions of this article. Novelties shall also include items containing .25 of a grain or less of explosive substance, said novelties shall include and not be limited to such items as pop pop snappers and champagne poppers.

(B) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each in weight. The inside tube diameter shall not exceed three-fourths inch.

(C) Cone fountains, total pyrotechnic composition not to exceed fifty grams each in weight.

(D) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two hundred forty grams for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch.

(E) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed one hundred grams each in weight.

(F) Dipped sticks, the pyrotechnic composition of which contains any chlorate or perchlorate, shall not exceed five grams.

(G) Sparklers, the composition of which does not exceed one hundred grams each and which contain no magnesium or magnesium and a chlorate or perchlorate.

(H) In no situation shall the following self-propelled items be considered under the category of common fireworks: jumping jacks, rockets, helicopters, satellites, roman candles, mines, shells, or any device with an ignited display exceeding eight feet in height except for fountains and cones.

(I) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed fifty milligrams (.772 grains) each in weight.

(4) "Special fireworks" means any fireworks not defined as common fireworks, including, but not limited to, exhibition display pieces, sky rockets with sticks attached to a tube containing pyrotechnic composition of any amount, roman candles, mines and shells, and aerial fireworks which are projectiles or which emit a projectile.

(1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 1; Am. 1990, Ord. No. 90-58, sec. 1; Am. 1990, Ord. No. 90-95, sec. 1.)

Section 14-27. Permissible uses of common fireworks.

Common fireworks may be set off, ignited, discharged or otherwise caused to explode within the County only:

(a) From 12:00 noon on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on New Year's Day; from 7:00 p.m. Chinese New Year's Eve to 1:00 a.m. Chinese New Year's Day; from 7:00 a.m. to 7:00 p.m. Chinese New Year's Day and from 7:00 p.m. on the Fourth of July to 1:00 a.m. on July 5; or

(b) As allowed by permit pursuant to section 14-35 of this article if the proposed use is to occur at any time other than during the periods prescribed above in subsection (a) of this section.

(1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 2.)

Section 14-28. Permissible uses of special fireworks.

Special fireworks may be purchased, set off, ignited or otherwise caused to explode in the County only if permitted in writing pursuant to section 14-35 of this article.

(1980, Ord. No. 584, sec. 2.)

Section 14-29. General prohibitions.

It shall be unlawful for any person to:

(a) Remove or extract the pyrotechnic contents from any fireworks;

(b) Throw any ignited fireworks from a moving vehicle;

(c) Set off, ignite, discharge or otherwise cause to explode any fireworks:

(1) At any time not within the periods for use prescribed in section 14-27 unless permitted pursuant to section 14-35 of this article;

(2) Within one thousand feet of any operating hospital, convalescent home, home for the elderly or animal hospital;

(3) In any school building or on any school grounds and yards on any occasion; and

(4) On any highway, alley, street, sidewalk or other public way; in any park; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 14-35.

(1980, Ord. No. 584, sec. 2.)

Section 14-30. Exceptions.

The above-mentioned prohibitions in section 14-29 do not apply to:

(a) Use by police and fire departments, utility companies, transportation agencies and other governmental or private agencies or persons, of flares or signals for warning or illumination purposes in connection with emergencies, their duties or business, and

(b) Sale or use of blank cartridges for a show or theater, for signal or commercial or institutional purposes in athletics or sports.

(1980, Ord. No. 584, sec. 2; Am. 1990, Ord. No. 90-58, sec. 3.)

Section 14-31. License required.

It shall be unlawful for any person to sell or offer to sell any fireworks at wholesale or retail in the County unless such person has an effective license for the sale of fireworks.

(1980, Ord. No. 584, sec. 2.)

Section 14-32. Application for license.

The license shall be issued by the director of finance of the County and shall be nontransferable. Each selling site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration which shall be June 30 of each year. The application shall be made on a form setting forth the date upon which sales or offers for sale are to begin, the address of the location of the proposed sale of fireworks and name of the proprietor; or if a partnership, the name of the partnership and the names of all partners; or if a corporation, the name of the corporation and the names of its officers.

(1980, Ord. No. 584, sec. 2; Am. 1983, Ord. No. 83-18, sec. 3.)

Section 14-33. Sale by licensees.

It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks:

(a) Before primary and secondary public schools have been recessed from regular session prior to the designated period for use during the New Year's Day holiday as described in section 14-27(a) of this article, unless pursuant to a permit; or

(b) More than seven calendar days prior to the designated period for use during the Chinese New Year's holiday and the Fourth of July holiday as described in section 14-27(a) of this article, unless pursuant to a permit; or

(c) After the designated periods for use set forth in section 14-27(a) of this article, unless pursuant to a permit; or

(d) At any other time, and whenever the sale of special fireworks is involved, to any person who does not present a permit duly issued as required by section 14-35 of this article. The permit shall be signed by the seller or transferrer at the time of sale or transfer of the fireworks, and the seller or transferrer shall indicate on the permit the amount and type of fireworks sold or transferred. No person shall sell or deliver possession of fireworks to any permittee in an amount in excess of the amount specified in the permit, less the amount shown on the permit to have previously been purchased.

(1980, Ord. No. 584, sec. 2; Am. 1980, Ord. No. 618, sec. 1; Am. 1983, Ord. No. 83-18, sec. 4.)

Section 14-34. Fee.

The fee for such license shall be for each year or fraction of a year in which the licensee plans to conduct business.

(1980, Ord. No. 584, sec. 2.)

Section 14-35. Permits.

(a) When Required. A permit is required for the purchase, setting off, ignition or discharge of:

(1) Any common fireworks where the proposed date of the use of such fireworks is not within the periods prescribed in section 14-27 of this article, and

(2) Any special fireworks under all circumstances and at any time; provided that permits may only be issued when the fireworks are to be used for public display or in connection with a bona fide commercial or institutional occasion. "Public display" includes parades. "Bona fide commercial or institutional occasion" includes those occasions at which hotels, funeral homes, cemeteries and other commercial or institutional groups utilize fireworks in conjunction with birthdays, anniversaries, weddings and other ceremonies and celebrations.

(1980, Ord. No. 584, sec. 2; Am. 1990, Ord. No. 90-58, sec. 4.)

Section 14-36. Sale to minors.

It shall be unlawful for any person to offer for sale, sell or give any fireworks to minors and for any minor to possess, purchase or set off, ignite or otherwise cause to explode any fireworks except as provided in section 14-37 of this article.

(1980, Ord. No. 584, sec. 2.)

Section 14-37. Liability of parents or guardians.

The parents, guardian and other persons having the custody or control of any minor, who knowingly permit such minor to possess, purchase or set off, ignite or otherwise cause to explode any fireworks shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except that the parents or guardian may allow such minor to use fireworks while under the immediate supervision and control of the parent or guardian or under the supervision and control of another adult.

(1980, Ord. No. 584, sec. 2.)

Section 14-38. Penalty.

Any person violating any of the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine not exceeding $500; if the person so convicted shall be a person licensed to sell fireworks, the court may, in addition to the foregoing penalty, revoke or suspend such license. No license shall be issued to any person whose license has been revoked until the expiration of one year after such revocation.

(1980, Ord. No. 584, sec. 2.)

Section 14-38.1. Notice requirements.

Each licensed retail outlet shall post adequate notice which clearly cautions each person purchasing fireworks of the prohibitions, liabilities and penalties incorporated in section 14-36, section 14-37 and section 14-38 of this article.

(1990, Ord. No. 90-58, sec. 5.)

Section 14-39. Duty of chief of police; cultivated grounds.

It shall be the duty of the chief of police to protect lawns, gardens, grass plots, and other cultivated grounds belonging to the State and the County within the County, and all lawns, gardens, grass plots, and other cultivated grounds of a public nature within the County, and to place or cause to be placed on these places signs and notices warning persons to keep off these places; provided that this section shall not apply, during the period from February 1 through October 31 of each year, to the Hilo Bayfront area, situated makai of the Hawaii Belt Road, from the intersection of Kamehameha Avenue and Hawaii Belt Road as delineated in the attached map.

(1975 C.C., c. 3, art. 2, sec. 7.01; Am. 1977, Ord. No. 275, sec. 1.)

Section 14-40. Trespass prohibited; penalty.

(a) A person who trespasses or walks on or over a lawn, garden, grass plot or other cultivated ground, on which there is a sign or notice to keep off shall be guilty of a misdemeanor. Upon conviction, the person convicted shall be fined not less than $2.50 nor more than $25, in the discretion of the judge having jurisdiction of the case.

(1975 C.C., c. 3, art. 2, sec. 7.02.)

Section 14-40.1. Property damage prohibited; penalty.

(a) It shall be unlawful for any person maliciously or wilfully to mar, injure, damage, destroy, or deface or aid in marring, injuring, damaging, destroying, or defacing any public building, sign, sidewalk, light pole, wall fixture, playground, structure, facility, or other property of the County without its consent.

(b) Any person violating this provision shall be punished, upon conviction, by a fine not exceeding $1,000 or by imprisonment not to exceed ninety days, or both. In addition to the penalties provided herein, the County may recover for damages to its property, the measure of which shall be the cost of repairing, replacing, or rebuilding the property injured or destroyed.

(1986, Ord. No. 86-99, sec. 2.)

Section 14-41. Scope of article.

This article shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any act of the Congress of the United States.

(1975 C.C., c. 3, art. 6, sec. 2.)

Section 14-42. Operation of device causing electrical interference prohibited.

(a) No person shall knowingly or wantonly operate or cause to be operated, any machine, device, apparatus or instrument of any kind whatsoever within the County between the hours of 6:00 a.m. and 12:00 p.m., the operation of which shall cause reasonably preventable electrical interference with radio reception within the County.

(b) X-ray pictures, examinations or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated.

(1975 C.C., c. 3, art. 6, sec. 1.)

Section 14-43. Penalty.

Any person violating the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100. Each day shall constitute a separate offense during which such violation continues.

(1975 C.C., c. 3, art. 6, sec. 3.)

Section 14-44. Purpose.

The purpose of this article is to maintain a clean and healthy environment for present and future generations in the County, to protect the health and safety of the residents of the County from radiation exposure resulting from dangers of accidents involving the transportation or storage of nuclear materials or the development of nuclear reactors, and to protect the general health, safety, comfort and welfare of the citizens of the County.

The purpose of article 8 shall not in any way inhibit or prohibit the military from carrying out their duties and responsibilities.

(1981, Ord. No. 665, sec. 1; Am. 1984, Ord. No. 84-39, sec. 1.)

Section 14-45. Definitions.

(a) As used in this article, unless the context clearly requires otherwise:

(1) "Person" means any individual, firm, partnership, association, corporation, company, governmental entity or department thereof, or organization of any kind.

(2) "Store" means to hold for any period of time.

(3) "Transport" means the transportation by any mode, including but not limited to rail, highway, waterway or air.

(4) "Radioactive material or substance" means any material or combination of materials which spontaneously emits ionizing radiation and includes, but is not limited to accelerator-produced isotopes and by-product materials.

(5) The term "radioactive material or substance" shall include:

(A) All materials which enter into or are produced as part of the nuclear fuel cycle, including milled uranium ore, fissile material, and all fission by-products.

(B) Any quantity of radioactive material specified as a "large quantity" by the Nuclear Regulatory Commission in 10 CFR, part 71.

(C) Any quantity of radioactive waste, including nonradioactive material contaminated with radioactive material, which has been produced as part of the nuclear fuel cycle.

(6) For the purposes of this article, the term "radioactive material or substance" shall not include:

(A) Radiation sources or materials employed in therapeutic radiology, in biomedical research, or in educational endeavors, or medical devices designed for individual application (as for example cardiac pacemakers) or commercial devices, processes, or facilities, as approved by the appropriate regulatory and licensing agencies.

(1981, Ord. No. 665, sec. 1.)

Section 14-46. Transportation of radioactive material, unlawful.

It shall be unlawful for any person to transport radioactive material within or through the County.

(1981, Ord. No. 665, sec. 1.)

Section 14-47. Storage of radioactive material, unlawful.

It shall be unlawful for any person to store radioactive material within the County.

(1981, Ord. No. 665, sec. 1.)

Section 14-48. Nuclear energy facilities, prohibited.

It shall be unlawful for any person to locate or build a nuclear energy facility which utilizes nuclear material for the production of energy within the County.

(1981, Ord. No. 665, sec. 1.)

Section 14-49. Penalty.

Any person violating any provision of this article shall be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or both, for each violation.

(1981, Ord. No. 665, sec. 1.)

Section 14-50. Applicability and scope of article.

(a) This article shall apply to the installation of all outdoor lighting fixtures within the County.

(b) The provisions of this article, including provisions for the imposition upon any person of the penalties by fine for any violation of this article, shall not be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances, the stricter ordinance shall apply.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-51. Definitions.

(a) As used in this article, unless the context clearly indicates otherwise:

(1) "Outdoor lighting fixture" means any outdoor artificial lighting device, fixture, lamp, or other similar device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects. Such device shall include, but not be limited to, search, spot, and flood lighting used for:

(A) Buildings and structures;

(B) Recreational facilities;

(C) Parking lots;

(D) Landscape lighting;

(E) Business and advertising signs;

(F) Roadways;

(G) Walkways.

(2) "Class I lighting" means all outdoor lighting used for, but not limited to, outdoor sales and eating areas, assembly or repair areas, advertising or business signs, recreational facilities, and other similar applications in which color rendition is important.

(3) "Class II lighting" means all outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots, outdoor security, and other similar applications in which general illumination of the grounds is the primary concern.

(4) "Class III lighting" means any outdoor lighting used for decorative effects. It includes, but is not limited to, waterfall and pond lighting and architectural highlighting for buildings and landscapes.

(5) "Building official" means the chief engineer or his designated representative.

(6) "Individual" means any private individual, governmental entity, tenant, lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures, or corporations.

(7) "Fully shielded" means the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture.

(8) "Partially shielded" means that the outdoor lighting fixture is constructed so that at least ninety percent of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-52. General requirements.

(a) Standard Source. Low pressure sodium lamps shall be the only light source permitted for all Class II type outdoor light fixtures. All other class types of outdoor light fixtures shall follow the requirements set forth in Table 14-A.

(b) Shielding. All outdoor lights shall be shielded pursuant to the requirements set forth in Table 14-A.

(c) Hours of Operation. All outdoor light fixtures shall be subject to the hours of operation as required by Table 14-A.

(d) Mercury Vapor Lights Prohibited. Mercury vapor lamps shall not be used for any new outdoor lighting installations or for the replacement of any existing installation. All existing mercury vapor outdoor lighting fixtures shall be removed by August 17, 1998.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-53. Exemptions.

(a) Existing Light Fixtures. All outdoor light fixtures planned and approved by the County or existing and legally installed prior to September 1, 1988, are exempt from the installation and shielding requirements of this article, except that when existing outdoor light fixtures become inoperable, the outdoor light fixtures which replace them shall comply with the requirements of this article.

(b) Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene and gasoline, shall be exempt from the requirements of this article.

(c) Holiday Decorative Lighting. Low wattage fixtures used for holiday decorations shall be exempt from the requirements of this article.

(d) Residential Incandescent Illumination. Private residential incandescent light fixtures which are fully shielded or have a lumen output of less than eight thousand one hundred lumens for each acre of property that is intended to be illuminated shall be exempt from the requirements of this article.

(e) Business Signs. Outdoor advertising signs, if constructed of translucent material, and illuminated totally from within and colored with an opaque background using translucent letters or symbols, shall be exempt from the requirements of this article, except that the hours of operation shall be the same as those for Class I outdoor lighting.

(f) Searchlights. Searchlights used for advertising purposes shall be exempt from the requirements of this article, except that the operation of such lights is limited to the hours of 6:00 p.m. to 10:00 p.m.

(g) Emergency Lighting. Emergency lighting required for public safety is exempt from the requirements of this article.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-54. Submission of plans.

(a) All outdoor lighting fixtures shall be installed in conformance with the provisions of this article and those of the electrical code of the County as applicable and subject to the appropriate permit and inspection requirements thereof. The applicant for any permit required by the County for work involving nonexempt outdoor light fixtures shall submit to the building official proof that the proposed work will comply with the article requirements. The submission shall contain, but not be limited to, the following:

(1) The location of the site where the outdoor light fixtures will be installed;

(2) Plans indicating the type(s) of outdoor light fixtures to be used and their location on the premises;

(3) A description of the outdoor light fixtures including, but not limited to, manufacturer's catalog cuts and drawings.

(b) The plans and descriptions required by subsection (a) sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this article will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices or fixtures proposed, the applicant shall be required to submit further proof of compliance. Furthermore, any design, material, or method of installation not specifically forbidden by this article may be used, provided any such alternate has first been approved by the building official. The building official may approve any such proposed alternate provided:

(1) It is at least approximately equivalent to the applicable specific requirements of this article; and

(2) It is otherwise satisfactory and complies with the intent of this article.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-55. Tables.

*These lights may remain on after 11:00 p.m. if bona fide business or recreational activities are taking place.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-55.1. Penalty.

Any person violating any provision of this article shall, upon conviction, be punished by a fine not to exceed $500. Such person shall be deemed guilty of a separate offense for each and every day any violation of this article is committed. Furthermore, payment of such a fine shall not relieve the individual from the responsibility of correcting the violative condition, nor shall it preclude the County from instituting any action for its removal.

(1988, Ord. No. 88-122, sec. 3.)

Section 14-56. Intent.

In accordance with chapter 58-2, Hawaii Revised Statutes, to safeguard exceptional trees from destruction due to land development, the County desires to enact protective regulations to preserve exceptional trees within the County.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-57. Definitions.

For purposes of this article, "exceptional trees" means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the council as worthy of preservation. The term exceptional trees does not apply to trees planted for commercial forestry operations. Exceptional trees may be designated generally by biotaxy or individually

by location or class.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-58. Arborist advisory committee.

There shall be an arborist advisory committee consisting of six members who shall be appointed by the mayor. The committee shall include the following: the planning director, or his designee; one member who shall be actively employed in the practice of landscape architecture; and four other members selected on the basis of active participation in programs of community beautification, or research or organization in the ecological sciences, including ethnobotany, or Hawaiiana.

(1984, Ord. No. 84-22, sec. 1; Am. 1992, Ord. No. 92-12, sec. 1.)

Section 14-59. Powers and duties.

The arborist advisory committee shall have the following powers and duties:

(a) To research, prepare and recommend to the council exceptional trees to be protected by County ordinance or regulation.

(b) To advise property owners relative to the preservation and enhancement of exceptional trees.

(c) To recommend to the council appropriate protective ordinance, regulations and procedures.

(d) To review all actions deemed by the council to endanger exceptional trees.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-60. Procedures.

(a) Any interested person may petition the arborist advisory committee to examine a tree for designation as an exceptional tree. Upon completion of the committee's study which shall include notification of the owner or lessee of the property, and a duly held public hearing, the committee shall forward the proposed list of exceptional trees to the council.

(b) The council shall review the proposed list of exceptional trees; it may affirm, modify, or disaffirm the proposed list of exceptional trees. The list shall be adopted by ordinance.

(c) The arborist advisory committee shall prepare official maps designating the location of exceptional trees adopted by the council and shall file maps with the planning department, department of public works, building division, and office of the County clerk.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-61. Consultation with County arborist advisory committee.

Prior to the issuance of any building or grading permit or granting of final subdivision approval, the planning department and department of public works, building division, may request advice from the arborist advisory committee concerning trees within any proposed development to assure that exceptional trees are retained and to prevent the unnecessary destruction of such trees during development or redevelopment of land within the County. The lack of designation as exceptional tree does not diminish the responsibility and authority of the planning department and department of public works, building division, to recommend trees to be incorporated into a development plan.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-62. Enforcing authority.

The planning department shall be charged with the enforcement of this article and shall have the police power to take appropriate action to ensure compliance with the provisions of this article. The planning department may issue citations for the violation of this article. This article shall not be superseded by any permit issued by any County agency under this Code.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-63. Violation and penalty.

It shall be unlawful for any person, corporation, public agency or other entity to remove or otherwise destroy an exceptional tree in the County. Any person, corporation, public agency or other entity who violates this section shall be fined not more than $1,000.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-64. Injunctive relief.

Proceedings for injunctive relief in circuit court or other court of competent jurisdiction may be had for threatened violations of the provisions of this article.

(1984, Ord. No. 84-22, sec. 1.)

Section 14-65. Designated exceptional trees.

(1984, Ord. No. 84-53, sec. 1; Am. 1989, Ord. No. 89-102, sec. 1; Am. 1991, Ord. No. 91-140, sec. 2; Am. 1993, Ord. No. 93-8, sec. 1; Am. 1999, Ord. No. 99-27, sec. 1.)

Section 14-66. Purpose.

The purpose of this article is to provide assistance to communities which have organized a neighborhood watch program aimed at crime prevention and to encourage the formation of neighborhood watch programs by other communities by establishing the Neighborhood Watch Program under the County police department and authorizing the construction and installation of neighborhood watch signs at appropriate locations on public property.

(1987, Ord. No. 87-118, sec. 1.)

Section 14-67. Definitions.

(a) As used in this article:

(1) "Chief engineer" means the chief engineer of the County.

(2) "Chief of police" means the chief of police of the County.

(3) "Neighborhood watch program" means a program established in accordance with the County police department's neighborhood security watch program.

(4) "Neighborhood watch sign" means a sign constructed and installed at the direction of the police department and pursuant to the provisions of this article.

(5) "Public property" means any curbstone, lamppost, pole, parking meter, bridge, street sign, or traffic light located on public property. Public utility poles are excluded from this definition.

(1987, Ord. No. 87-118, sec. 1.)

Section 14-68. Powers and duties.

Pursuant to the provisions of this article, the chief of police is authorized to:

(a) Determine, with the assistance of the chief engineer or his duly authorized representative, the number and appropriate location of all neighborhood watch signs.

(b) Cause to be constructed and installed on public property, signs indicating that the area is protected by a neighborhood watch.

(c) Remove or cause to be removed, neighborhood watch signs located in neighborhoods where the neighborhood watch program has terminated.

(1987, Ord. No. 87-118, sec. 1.)

Section 14-69. Application for approval.

(a) Any person wishing to have a neighborhood watch sign placed in his/her neighborhood shall submit an application to the chief of police. The application must identify:

(1) The geographical boundaries of the neighborhood for which the application is being made.

(2) The number of homes situated within the boundaries of the designated neighborhood.

(3) The names, addresses, and phone numbers of each block captain and area coordinator.

(4) The number of homes participating in the neighborhood watch program.

(b) No application for the construction and installation of signs shall be approved by the chief of police unless sixty percent of the homes within the boundaries of the designated neighborhood participate in the neighborhood watch program.

(1987, Ord. No. 87-118, sec. 1.)

Section 14-70. Rules.

The chief of police is authorized to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as are necessary to implement, administer, and enforce the provisions of this article.

(1987, Ord. No. 87-118, sec. 1.)

Section 14-71. Official bulletin board established; purpose.

There shall be an official bulletin board of the Hawaii County building for the posting of council and committee agendas and public notices of meetings of the County of Hawaii. This bulletin board is established in compliance with the provisions of article XIII of the Hawaii County Charter.

(1994, Ord. No. 94-43, sec. 1.)

Section 14-72. Official bulletin board location.

The official bulletin board of the Hawaii County building at 25 Aupuni Street, Hilo, Hawaii shall be located within the exterior covered walkway of the County building, immediately adjacent to its main entrance and shall be conspicuously displayed and identified by the words "public notices" appearing thereon.

(1994, Ord. No. 94-43, sec. 1.)

Section 14-73. Official bulletin board custodian.

The clerk of the County of Hawaii shall be responsible for controlling the use of the official bulletin board of the Hawaii County building and for the posting and removal of all agendas and notices.

(1994, Ord. No. 94-43, sec. 1.)

Section 14-74. Definitions.

(a) As used in this article, unless otherwise specified:

(1) "Aggressive manner" means:

(A) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;

(B) Continuing to solicit from a person after the person has given a negative response to such soliciting;

(C) Intentionally or knowingly touching or causing physical contact with another person without that person's consent in the course of soliciting;

(D) Intentionally or knowingly blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to stop or to take evasive action to avoid physical contact;

(E) Using violent or threatening gestures toward a person solicited;

(F) Following the person being solicited, with the intent of asking that person for money or other things of value;

(G) Speaking in a volume unreasonably loud under the circumstances. A person shall be considered to be speaking in a volume which is unreasonably loud, if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation, or if the person fails to heed the admonition of a police officer that they are speaking in a volume which is unreasonably loud and that they should reduce the volume of their speech; or

(H) Soliciting money from anyone who is waiting in line for entry to a building or who is waiting in line for any other purpose.

(2) "Automated teller machine" means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

(3) "Automated teller machine facility" means the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(4) "Downtown Hilo commercial area" means the area of Hilo bounded by the following: the Wailuku River on the west; Hilo Bay on the north; twenty feet east of the eastern most boundary of Ponahawai Street (this boundary shall also continue in a northerly direction, from the point twenty feet east of the Ponahawai Street and Kamehameha Avenue intersection, across Kamehameha Avenue, through Bayfront Park and the Hawaii Belt Road, to Hilo Bay) on the east; and twenty feet south of the southern most boundary of Kapiolani and Kaiulani Streets on the south (including the portion of Waianuenue Avenue which is contiguous to Kapiolani and Kaiulani Streets).

(5) "Financial institution" means any Hawaii financial institution as defined in chapter 412 of the Hawaii Revised Statutes.

(6) "Intentionally" shall be as defined in section 702-206 of the Hawaii Revised Statutes.

(7) "Knowingly" shall be as defined in section 702-206 of the Hawaii Revised Statutes.

(8) "Public place" means a place to which the public or a substantial group of persons has access including, but not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.

(9) "Restaurant" means any retail eating establishment where meals or food are served or provided for on-site consumption by seated patrons that is licensed by the department of health to operate as a food service establishment.

(10) "Soliciting" means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(1999, Ord. No. 99-1, sec. 1; Am. 1999, Ord. No. 99-153, sec. 4.)

Section 14-75. Prohibited acts.

(a) The following acts are prohibited within the areas described in subsection (b) of this section.

(1) No person shall solicit in an aggressive manner in any public place.

(2) No person shall solicit while under the influence of alcohol or a controlled substance.

(3) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need.

(4) No person shall solicit on private or residential property without permission from the owner or other person lawfully in possession of such property.

(5) No person shall solicit within twenty feet of public toilets.

(6) No person shall solicit within twenty feet of any entrance or exit of any financial institution or within twenty feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.

(7) No person shall solicit within twenty feet of any entrance or exit of any restaurant without the consent of the owner of the property or another person legally in possession of such facility.

(8) No person shall solicit within ten feet of any entrance or exit to a building without the consent of the owner of the property or another person legally in possession of such facility, with the exception of public toilets, financial institutions, or restaurants from which soliciting shall be prohibited within twenty feet of the entrance or exit.

(9) No person shall solicit within ten feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.

(10) No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services. Provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.

(11) No person shall solicit in any public transportation vehicle; at any bus station or stop; or in any public parking lot or public parking structure.

(12) No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.

(b) Designated areas.

(1) Within the downtown Hilo commercial area.

(1999, Ord. No. 99-1, sec. 1; Am. 1999, Ord. No. 99-153, sec. 4.)

Section 14-76. Enforcement.

It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce the provisions of this article.

(1999, Ord. No. 99-1, sec. 1; Am. 1999, Ord. No. 99-153, sec. 4.)

Section 14-77. Form of summons or citations.

There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators.

(1999, Ord. No. 99-1, sec. 1; Am. 1999, Ord. No. 99-153, sec. 4.)

Section 14-78. Penalties.

Any violation of this article shall constitute a petty misdemeanor punishable by imprisonment for not more than thirty days or by a fine not to exceed $100, or by both.