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<br /> _ " „ Post-its' Fax Note 7671 oats 5~~ pages V <br /> ~,r a! „y ro - C/G ~ ~)p,% From ~E~~~~. <br /> CoJDePI Co. <br /> Srephcn I Yamashiro <br /> Phone # <br /> A np~r Pnons # <br /> ~.a.~'~i Faxq ri'S j~ Farz# <br /> C/ ~ <br /> l~nuiTf~ of ~~t~vtttt <br /> OFFICE OF Tt}E CORPORATION COUNSEL <br /> 101 Aupuni $tatt, Suito 325 Hilo, Ha.+i: 0672QQ62 1808) 961.8251 Eax (808) 96970/9 <br /> 13 March 1995 <br /> Fionorab?.e Kenneth T. Hiraki <br /> Chair elnd Members <br /> C:ommittc:e on Transportation <br /> State House of Representativos <br /> 235 Soui:h Seretania, Suite 1007 <br /> Honoluli2, Hawaii 96613 <br /> Dear Re}3resentative Hiraki and Members: <br /> Hawaii <:ounty has perhaps the lamest and most numerous private <br /> subdivilsions in the State. Tn such tracts as Paradise Park and <br /> Ocean View Estates, the main roads run far several miles, from <br /> the publicly maintained highway to the end pf the subdivision. <br /> Although Act 35$ of 1968, now FIRS Sec. 46-16, indicated the <br /> Legislai_ure's intent to extend traffic regulations to such <br /> roads, i_wo problems have arisen which have thwarted enforcement. <br /> First, l5ome District Court judges have painted to the unchanged <br /> languagta of Chapter 291C, the Statewide Traffio Code, and <br /> despite the apparently controlling language of Sec. 46-16, have <br /> found t]iat they lacked jurisdiction to adjudicate traffic <br /> citatio:ls issued on these private roads. <br /> Second, the prohibition on the private placement of traffic <br /> :,ontrol devices has frustrated efforts by subdivision <br /> associations to control intersections, within their subdivisions. <br /> One deterrent to greater caunty involvement in controlling <br /> traffic irx these areas, has been the fear of possible exposure <br /> to liti~lation an these often less than top standard roads. For <br /> this reason, language has been added to make clear that caunty <br /> consent to the placement of traffic control shall not be <br /> construad as county ^control" of those streets. <br /> ATTACH. D <br /> (Richard Wurdeman Testimony) <br /> p 17 <br /> ~I <br /> <br />