Definitions for the County Code

(a) For the purposes of this Code, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended: (1) “And/or.” “And” may be read “or” and “or” may be read “and,” if the sense requires it. (2) “Agency” means any office, department, board, commission, or other governmental unit of the County. (3) “Bond” means an obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event. (4) “Building” means any structure intended to have walls and a roof. (5) “Business” means any profession, trade, occupation, and any other commercial enterprise conducted for monetary reward. (6) “City” means the City of Hilo, State of Hawai‘i. (7) “Clerk” means the County clerk. (8) “Charter” means the Charter of the County of Hawai‘i. (9) “Council” means the County council of the County of Hawai‘i. (10) “County” means the County of Hawai‘i, State of Hawai‘i. (11) Definitions given within a chapter or article apply only to words or phrases used in such chapter or article, unless otherwise provided. (12) “Designee” following an official of the County means the authorized agent, employee, or representative of that official. (13) “District” means the geographical area or election district in the County of Hawai‘i as described in sections 4-1 and 4-2, Hawai‘i Revised Statutes.* District does not mean representative district. (14) “Executive agency” means any agency or department of the executive branch of the County government. (15) “Employee” means any person, except an officer, employed by the County or any agency of the County, but shall not include an independent contractor. (16) “May” is permissive and discretionary. (17) “Mayor” means the mayor of the County. (18) “Month” means a calendar month. (19) “Oath” means any form of attestation by which a person signifies that the person is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath. (20) “Occupant” means a tenant or person in actual possession. (21) “Officer” includes the following: (A) Mayor and members of the council. (B) Any person elected or appointed as administrative head of any agency of the County or appointed as a member of any board or commission provided for in this Code. (C) Any person appointed by a board or commission as the administrative head of any agency of the County. GENERAL PROVISIONS § 1-4 (D) Deputy, assistant, or division chief appointed by the administrative head of any agency of the County. (E) Assistant and deputies of the corporation counsel and prosecuting attorney. (22) “Operate” means carry on, keep, conduct, maintain, manage, direct, or superintend. (23) “Ordinances” means the ordinances of the County of Hawai‘i and all amendments and supplements thereto. (24) “Owner” means one who has complete dominion over particular property and the one in whom legal or equitable title rests; when applied to a building or land, “owner” means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land. (25) “Person” includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. (26) “Preceding” and “following” mean next before and next after, respectively. (27) “Proprietor” means an owner of the property or premises, including any person, firm, association, corporation, club, partnership, or other group acting as a unit, whether acting by themselves or by a servant, agent, or employee. (28) “Public place” means any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus depot, shopping center, or mall, or any other place commonly open to the public. (29) “Shall” and “must” are mandatory. (30) “Sidewalk” means that portion of a street between the curb line and the adjacent property along the margin of a street or other roadway, designed, constructed, and intended for the use of pedestrians to the exclusion of vehicles. (31) “State” means the State of Hawai‘i. (32) “Statutes” means the Hawai‘i Revised Statutes. (33) “Street” means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges, and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lanes used for vehicular traffic, or other public ways or thoroughfares in the County, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State. (34) “Tenant” means any person occupying the premises, building, or land of another in subordination to such other person's title and with such other person’s express or implied consent, whether the person occupies the whole or a part of those premises, building, or land, whether alone or with others. (35) “Watercourse” means any drain, ditch, and stream flowing in a definite direction or course in a bed with banks. (36) “Week” means seven days. (37) “Workforce Investment Act of 1998” refers to the United States Public Law 105-220-August 7, 1998 (112 Stat. 936) and 20 Code of Federal Regulations part 652 and parts 660 through 671. (38) “Writing” and “written” mean any representation of words, letters, or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means. (39) “Year” means a calendar year. * Editor's Note: Section 4-2, Hawai‘i Revised Statutes was repealed.