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- 4O,V~OF xw9i _ <br /> iliEi <br /> <br /> Stephen K. Yamashiro y i, Richard Wurdeman <br /> il~tayor Corporation Counsel <br /> 1Tt.'usiwe.N <br /> ~aixnf~r >r~ ~~£uttti <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961.8251 . Fax (808) 961-8622 <br /> August 17, 1998 <br /> RECFJV® 1 <br /> Lk++a 8 t7 ~'af <br /> Co~niy <br /> Covn~il <br /> Ms. Leslie Chow <br /> Office of the County Clerk <br /> County of Hawaii. <br /> 25 Aupuni Street <br /> ]Flilo, Hawaii 96720 <br /> Dear Ms. Chow: <br /> Re: Bi1168. Draft 2 <br /> You requested our legal advice as to the following questions raised by the Public Works <br /> and Parks Committee in their discussions on Bi1168, Draft 2. <br /> 1. Section 46-1G, HRS, excludes private roads used primarily for agricultural and <br /> ranching purposes from operation of the County's authority to impose and enforce traffic <br /> regulations on private roads. If the Council wishes to regulate such roads, is it precluded by <br /> Section 46-16, HRS, from doing so? <br /> Language in 46-16 in quite clear. It states: "Any provision of law to the contrary <br /> notwithstanding, any county and its authorized personnel may impose and enforce traffic <br /> regulations and place appropriate traffic control devices, and may enforce chapters 286 and <br /> 291C, on the following categories of private streets, highways, or thoroughfares, exeeot private <br /> roads used primaril, <br /> f~a~licultural and ranching_purooses." [Emphasis added.] Thus it is clear <br /> from the statute that the County does not have the authority to regulate private roads used <br /> primarily for agricultural and ranching purposes. Undoubtedly it will become a factual question <br /> as to whether the agricultural and ranching purposes exceed the other purposes which we will <br /> assume are primarily residential. <br /> 2. Section 46-16, HRS, was adopted by the State Legislature to regulate private <br /> roads such as those contained in the many private subdivisions in Puna and Hawaii Ocean View <br /> Estates. However, many of these subdivisions are designated for agricultural use by the County <br /> Zoning Code. Does Section 46-16, HRS, preclude the County from imposing and enforcing <br /> zap. ~s <br /> Y°°tle Ne. ~C.~~VIEH~,~;,~ <br /> 12ef. tbi Presented W/'C_. <br /> ,tea AtlG 1 8.1998 <br /> <br />