COM 0230.008 1996-1998 - Laserfiche WebLink

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`OJhiV Oi ~ ~~~ilil. DONALD IKEDA I~~ ALAN S. KOMSFII County Clerk ~'•,e] -~--°=°-';5: • Drputy County Clerk `OYC .L ~rf Or~Xr'Ir~ CONSTANCE 12. KII2IU Legulativc Auditor OFFICE OF THE COUNTY CLEKK County of Haiuaii Hnwaii County Building 25 Aupurti Street ~.~y~ q+~ Hilo, Hamnii 96720 ~f~i.-r.. 7 rrry Council August 14, 1998 TO: Richard Wurdeman Corporation Counsel ATTN: Ted Hong Assistant Corporation Council Lcbuu ChAr..r FROM: Leslie Chow Fiscal/Program Review Auditor RE: Bill 68, Draft 2 Bill 68, Draft 2, will be considered by the Public Works and Parks Committee at its meeting on August 18, 1998. A number of questions have arisen regarding this matter. Your legal advice regarding the questions that follow would be greatly appreciated. 1. Sec. 46-16, HRS, excludes private roads used primarily for agricultural and ranching purposes from operation of the County's authority to impose and enforce traffic regulations on private roads. If the Council wishes to regulate such roads, is it precluded by sec. 46-16, HRS from doing so? 2. Sec. 46-16, HRS, was adopted by the State Legislature to regulate private roads such as those contained in the many private subdivisions in Puna and Hawaii Ocean View Estates. However, many of these subdivisions are designated for agricultural use by the County Zoning Code. Does sec. 46-16, HRS, preclude the County from imposing and enforcing traffic regulations on roads in areas that are designated for agricultural use by the County Zoning Code? 3. Inclusion of traffic regulations regarding private roads in the County traffic code, obligate the County Police to enforce these regulations, pursuant to sec. 24-12, HCC. Can private roads be excluded from operation of this law if they are in such poor condition that it would be imprudent for police vehicles to traverse them? Coa~re. No.~^^~' g Y~'tle Na. ~~~ff Ref. 7`rr Presented 1°W~~-- Ref. I?~*- ~l if ;.-S-iam"•'