REP PCPLUD 009 2024/03/05 (2022-2024)

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PCPLUD-9 Page 3 March 5, 2024 Ms. Evans moved to postpone Bill 125 to the Planning, Land Use, and Development Committee meeting of March 5, 2024. The committee passed the motion unanimously with Mr. Inaba and Ms. Galimba absent. Planning, Land Use, and Development Committee Meeting of March 5, 2024 Ms. Evans moved to amend Bill 125 with the contents of Communication No. 679.44 and explained the provisions contained in the amendment, specifically how the amendment highlighted a few roads in Kohala that the community in the area had not deemed safe. The Police Department agreed with the contents of the bill as police do not give traffic violations to a bicyclist. Ms. Kagiwada asked if Ms. Evans would be open to acquiring professional data on the safety of the roads as it pertained to bicycle tours. Ms. Evans shared her sentiment to community members who had shared their concerns about certain roads frequented by bicycle tour groups. Ms. Kagiwada opposed the bill citing insufficient evidence for bicycle -friendly roads and advocating for outdoor education and opportunities. Committee Member Rebecca Villegas, Mr. Kaneali`i-Kleinfelder, and Ms. Kimball expressed their support for the amendment. Police Chief Benjamin Moszkowicz was available to respond to questions via Zoom. Chair Kierkiewicz requested insight from Mr. Moszkowicz regarding local law enforcement's ability to enforce the ordinance. Mr. Moszkowicz explained that for guided bicycle tours, enforcement is direct, with police stopping the group and taking action. For unguided tours, enforcement is more complex, requiring awareness of local businesses frequenting the area. Mr. Moszkowicz affirmed the bill's clarity in enabling police to identify ordinance violators and enforce it effectively. Chair Kierkiewicz opposed the bill citing the need for a more comprehensive island wide approach, including a registration for bicycle tour companies to operate and a list of what roads are not allowed for commercial tours. Ms. Kimball agreed with the idea of mandating bicycle tour businesses to register with the County, where restricted roads for tours and enforcement mechanisms would be integrated. Bill 125 was amended with the contents of Communication 679.44, and was approved with seven "ayes," with Chair Kierkiewicz voting no, and Ms. Lee Loy absent. On the main motion, Ms. Galimba, Ms. Kagiwada, and Chair Kierkiewicz supported the bill's intent but expressed their hesitation about creating new sections in the Code, potentially leading to the inconsistent criteria to identify additional roads and unforeseen complications. Ms. Kagiwada suggested seeking organizational assistance for a holistic approach to address commercial bike tour concerns. PCPLUD Report No. 9