2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 10. PUBLIC SAFETY AND INTERNAL SECURITY
128. Civil Defense and Emergency Act
§128-2 Definitions.

§128-2 Definitions. When used in this chapter, unless the context otherwise requires:

"Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, damage or injury to civilian property or persons in the United States in any manner by the use of bombs, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes; sabotage; and any form of hostile action;

"Blackout" includes, but is not limited to, the effective screening or extinguishing of lights and lighting devices and appliances;

"Civil defense" means the preparation for and the carrying out of all functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting, or which would result, from disasters caused by an attack. The disasters include without limitation those that result from or arise out of action in resisting or combating an attack or apparent attack. Civil defense functions include all those provided for by this chapter which are for the purposes stated in this paragraph and, without limitation, fire fighting services, police services, medical and health services, rescue engineering, air raid warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken or danger areas, or from security areas established by or under authority of the United States, emergency housing and other emergency welfare services, emergency transportation, protection of important installations, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. "Civil defense" is deemed to encompass, but is not limited to, all those activities and measures which, by the Federal Civil Defense Act of 1950, are defined to be within the term "civil defense", insofar as the activities and measures relate to preparation for, or relate to functioning in respect of, an attack upon the State, but for the purposes of section 128-10(1) and (3) shall not be deemed to be restricted geographically;

"Civil defense emergency period" means the period of existence of a state of civil defense emergency proclaimed in accordance with the Federal Civil Defense Act of 1950 by the President or the Congress, if so proclaimed on a national basis or for any geographic area that includes the State, and also means any period so proclaimed by the governor, as provided by section 128-7;

"Emergency functions" means civil defense powers and functions and all other powers and functions provided for by this chapter;

"Facilities", except as otherwise provided in this chapter, includes buildings and other structures, shelters, land, and appurtenant materials;

"Federal Civil Defense Act of 1950" means Public Law 920, 81st Congress, 2d Session, chapter 1228, as the same may be amended or supplemented from time to time;

"Federal program" means a program of the federal government, its departments, and agencies, for rationing or conservation of materials, supplies, commodities, equipment, or facilities, for assigning priorities with respect thereto, for price control thereof, for wage controls, for the mobilization of personnel, for alien property control or control of trading with the enemy, for the welfare of veterans, for defense production, construction, or transportation, or any program or function of the department of defense or the federal civil defense administration;

"Highways" have the meaning as defined by section 264-1, and further include all public rights of way, whether or not included in the definition;

"Laws" includes ordinances, and rules, regulations, and orders prescribed under laws or ordinances and having the force and effect of law;

"Local organization for civil defense" means an organization created in accordance with this chapter to perform civil defense functions in a political subdivision of the State;

"Materials" includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts;

"Mobile support unit" means an organization for civil defense created in accordance with this chapter to be dispatched to supplement local organizations for civil defense in stricken areas;

"Necessary" means and refers to such means, measures, or other actions or determinations as are necessary in the opinion of the governor, or the governor's authorized representative;

"Political subdivisions" means the counties of Hawaii, Maui, and Kauai, and the city and county of Honolulu;

"Protective device", without prejudice to any other meaning associated with the word, includes any article or substance used or useful in the protection of persons or property;

"Shelter" without prejudice to any other meaning associated with the word, includes any structure, excavation, or other shelter used or useful in the protection of persons or property;

"States" includes the several states, the District of Columbia, and the possessions of the United States, and also includes, for the purposes of section 128-10(1) and (3), the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states;

"Traffic control" includes plans and regulations for the control of traffic to provide for the rapid and safe movements or evacuation over highways of people, troops, or vehicles and materials for civil defense or national defense or for use in any defense industry, and for the movement and cessation of movement of pedestrians and vehicular traffic during, before and after blackouts, drills, alerts, or attacks. [L 1951, c 268, pt of §2; RL 1955, §359-2; HRS §128-2; gen ch 1985, 1993]