COM 0230.002 1996-1998 - Laserfiche WebLink

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4 Page Four Accordingly, this bill has been amended by crafting the substantive language in HRS sec. 46-16 relating to traffic code enforcement on private streets, highways, or thoroughfares into HRS sec. 291 C-21. For purposes of specificity, private roads have also been included...." (1995 House Journal, Standing Committee Report 847 relating to H.B. no. 1173. See also: March 13, 1995 testimony of Richard Wurdeman to House Committee on Transportation - Attachment D) In response to the Legislature's actions in 1995, the County Council passed Ordinance 95-25 which amended the definitions of "highway" and "street" to include the private roads made subject to regulation by section 46-16, HRS. The term "Highway" was amended as follows: "'Highway' means the width between the boundary lines of every way subject to this Chapter [publicly maintained] when any part thereof is open to the use of the public for vehicular travel." The term "street" was amended similarly. (Note: These amendments were not included in subsequent published drafts of the traffic code.) Amendments The amendments found in this draft 2 of Bi1168 include further efforts to clarify the relevant county law to promote its implementation and consistency with state law. These include: 1. Added exception re. streets used primarily for actual agricultural and ranching purposes. Added term "actual" to clarify that this exception is intended to apply to streets that are used for actual agricultural and ranching use rather than streets that are primarily used for residential purposes but located within agricultural zoned areas. (Sec. 1 ofbill -Amending sec. 24-2(a)(2), HCC -Source: sec. 46- 16, HRS) 2. Divided subsection into separate paragraphs, i.e. public streets, private streets, and special parking stalls - to promote clarity. (Sec. 1 ofbill -Amending sec. 24-2(a), HCC) 3. Added streets which are intended for dedication to the public use as provided in sec. 264-1, HRS, and are open for public travel, but have not yet been accepted by the County as a category of private streets, subject to regulation. (Sec. 1 ofbill - Amendingsec. 24-2(a)(2)(b), HCC-Source: sec. 46-16(2), HRS)