Chapter 1.01 CODE ADOPTION

1.01.010 Adoption of code.

1.01.020 Citation, reference.

1.01.030 Codification authority.

1.01.040 Ordinances passed prior to adoption of the code.

1.01.050 Reference applies to amendments.

1.01.060 Title, chapter and section headings.

1.01.070 Reference to specific ordinances.

1.01.080 Effect of code on past actions and obligations.

1.01.090 Effective date.

1.01.100 Constitutionality.


1.01.010 Adoption of code.

Pursuant to the provisions of Section 4-5 of the Charter of the county of Maui and Section 62-36, Hawaii Revised Statutes, there is adopted the Maui County Code as published by the Book Publishing Company, Seattle, Washington. (Ord. 1113 § 1 (part), 1980)

1.01.020 Citation, reference.

This code shall be known as the Maui County Code and it shall be sufficient to refer to said code as the Maui County Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition, amendment to, correction or repeal of the Maui County Code. Further reference may be held to titles, chapters, sections and subsections of the Maui County Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 1113 § 1 (part), 1980)

1.01.030 Codification authority.

This code consists of all of the ordinances of general application of the county of Maui, state of Hawaii, codified pursuant to the provisions of Section 4-5 of the Charter of the county of Maui and Section 62-36, Hawaii Revised Statutes. (Ord. 1113 § 1 (part), 1980)

1.01.040 Ordinances passed prior to adoption of the code.

A. The last ordinance included in this code was Ordinance No. 1019, approved on February 26, 1980. The following ordinances passed subsequent to Ordinance No. 1019, but prior to the adoption of this code, are hereby adopted and made a part of this code: Ordinance Nos. 1025, 1029, 1030, 1044, 1045, 1046, 1050, 1051, 1052, 1053, 1061, 1062, 1069, 1070, 1071, 1073, 1076, 1079, 1080, 1082, 1083, 1084, 1086, and 1088.

B. Any other ordinances of a general and permanent nature adopted after Ordinance No. 1088, but prior to the effective date of this code, also are adopted and made a part of this code. To the fullest extent possible, the numbers of said ordinances, as they become available, will be inserted as amendments of this section prior to the adoption of the code.

C. The last ordinance included in this code, amending the Maui Traffic Code established by Ordinance No. 413 of the County of Maui, was Ordinance No. 413.148, approved on February 25, 1980. The following ordinances passed subsequent to Ordinance No. 413.148, but prior to adoption of this code, and are hereby adopted and made a part of this code: Ordinance Nos. 413.149, 413.150, 413.151, 413.152, 413.153, 413.154, 413.155, 413.156, 413.157, 413.158, and 413.159. (Ord. 1113 § 1 (part), 1980)

1.01.050 Reference applies to amendments.

Whenever a reference is made to this code as the Maui County Code or to any portion thereof, or to any ordinance of Maui County, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 1113 § 1 (part), 1980)

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, or section hereof. (Ord. 1113 § 1 (part), 1980)

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provision contained within this code. (Ord. 1113 § 1 (part), 1980)

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendments of any ordinance or part or portion of any ordinance of the county shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to effect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 1113 § 1 (part), 1980)

1.01.090 Effective date.

This code shall become effective on the date the ordinance adopting this code as the Maui County Code shall become effective. (Ord. 1113 § 1 (part), 1980)

1.01.100 Constitutionality.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 1365 § 1, 1984: Ord. 1113 § 1 (part), 1980)