HCC §14-104
How this law works with state law and court rulings
Read the official text at hawaiicounty.gov ↗This section says the county can only enforce this article if it follows the Hawaii State Constitution and state laws. If a court says a part cannot be done by voter initiative or the council, that part becomes just a suggestion. The council must then work with other government officials to try to make it happen.
countiescourts
The ordinance, as written (Hawaiʻi County) — Statutory and constitutional interpretation
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
All provisions in this article shall only be implemented to the full extent that the Constitution of the State of Hawai‘i and the Hawai‘i Revised Statutes allows, and in the event, and only in the event, that a court of competent jurisdiction determines that any provision in any section of this article may not be directed by voter initiative or by action of the council, then that specific mandatory provision only shall be deemed advisory and expression of the will of the people that the provision shall be implemented into law by whichever government branch or official who has the power to implement it, and that the council shall take all actions within their power to work with those branches of government to express the will of the people and encourage, support, and request the implementation of those provisions. (2008, ord 08-181, sec 10.) 14-104
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.