COM 0230.002 1996-1998 - Laserfiche WebLink

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Page Two In addition to including these changes, the attached Draft 2 of the bill also incorporates language changes that seek to promote: 1) conformity with sections 46-16 and chapter 291C, HRS; and 2) clarity in the law. In June copies of the draft bill and brief were sent to Police Chief Wayne Carvalho, Prosecuting Attorney Jay Kimura, Chief Engineer Donna Fay Kiyosaki, Corporation Counsel Richard Wurdeman, and Planning Director Virginia Goldstein. The Police Chief, Prosecuting Attorney, and Chief Engineer responded in writing, indicating that they had no objections to the draft bill. (Copies of their comments are attached) Although the Corporation Counsel and Planning Director did not submit written comments, Deputy Corporation Counsel Gerald Takase assisted in the development of the draft and Planning Deparnnent staff offered comments and suggestions to promote the clarity of the bill. As a result of the comments received during the review period, a purpose section was added to the bill to clarify the scope of this legislation. PURPOSE The purpose of this amendment is to authorize and require owners of private streets to place and maintain official traffic control devices, signs, signals, and markings on their private streets upon adoption of an appropriate ordinance by the Council. HISTORY In 1973 and again in 1988 and 1995, the State Legislature enacted changes to the law to enable the counties to impose and enforce traffic regulations on private streets. Categories of Streets Affected: The Legislature's changes to the law, contained in section 46-16, HRS, amended the law to allow the counties to impose and enforce traffic regulations and place appropriate traffic control devices on: 1) Any private street, highway, or thoroughfare used continuously by the public for at least six months; 2) Any private street, highway, or thoroughfare which is open for public travel and intended for dedication to public use (per section 264-1, HRS), but has not yet been accepted to the County. Private roads used primarily for agriculture and ranching purposes were specifically exempted from inclusion in these categories.