COM 0229.002 1996-1998 - Laserfiche WebLink

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Mr. Wurdeman Apri19, 1997 Page Two Legal Context Chapter 22, Division 5, Hawaii County Code (HCC) -Use of Sidewalks contains a number of provisions that pertain to the placement of objects on sidewalks. Section 22-20, Hawaii County Code, provides that: "No person shall place, leave, or deposit for the purpose of displaying, vending, hawking, selling, or soliciting any goods, wares, or merchandise on any sidewalk within the city limits of Hilo without first obtaining a permit from the council...." (emphasis added) Section 22-58(c), HCC, further provides that: "Objects on Sidewalk. No person shall place any object on a sidewalk except as hereinafter provided. Should any person desire to place an object on a sidewalk (including but not limited to a planter box, litter receptacle, or bench), such person shall, upon recommendation of the chief engineer, obtain the approval of the council by resolution of the council. When an object is approved by the council, the donors and abutting landowners of such object shall not be liable for any injuries resulting from the placement of such object. Responsibility for the maintenance of such objects shall be as provided by the council." Although chapter 22, HCC, does not define the term "sidewalk," chapter 24, HCC, which relates to vehicles and traffic, offers the following defmition in section 24-3(39): "`Sidewalk' means that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for use of pedestrians." With respect to "encroachments," section 22-2, HCC, states: "If any encroachment exists in, under or over any portion of any street or highway within the County or if any obstruction exists within the City of Hilo, and the encroachment or obstruction is observed or a complaint is made to the department of public works of the County, then the department of public works shall investigate and forthwith, give notice to move the encroachment or obstruction, in the manner provided in this chapter." Section 22-1, HCC, defines "encroachment" as "any hedge, shrubbery, crop, fence, flume, tree or other similar objects which exist in, under or over the highway excepting w:at which has a cleazance of fourteen feet above the surfac : ~f the highway, or any railway bridge."