COM 0229.002 1996-1998 - Laserfiche WebLink

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Mr. Wurdeman April 9, 1997 Page Three Section 22-1, HCC, defines "Sweet or highway" as "the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic." Finally, with respect to "obstructions," section 22-7, HCC, provides: "No person shall install or place anything which protrudes upon, over, or across a roadway so as to obstruct, in any way, the passage of vehicular or pedestrian traffic, unless the obstruction is clearly visible so as to give reasonable warning to all travelers that the course of their travel is obstructed." Section 22-6, HCC, defines "Roadway" as "any public or private street, avenue, road, alley, highway, lane, path, or other place located in the County and established for the use of vehicular or pedestrian traffic." Discussion The applicant's proposed use is to place tables and chairs on a sidewalk located within the County right-of--way in Kona. This application is similar to the Pink Elephant Thrift Shop's application, which you previously advised us on, in that the proposed activity would take place in a County right-of--way. It differs in that the applicant's proposed use is to place objects, rather than a sign, on a sidewalk area, and that it would take place in Kona. A copy of your opinion of February 27, 1997 is attached. Because the proposed action would take place in Kona, we assume that section 22-20, HCC, which pertains to activities within the city limits of Hilo, does not directly apply to this situation. We thus turn for guidance to section 22-58, HCC, which relates to the placement of objects on sidewalks. We note however the existence of two other sections in chapter 22, HCC, which may have some relevance to this matter. Section 22-2, HCC, appeazs to prohibit "encroachments" and section 22-7, HCC, allows "obstructions" which are clearly visible. We would appreciate your guidance on whether these provisions or any other legal considerations would apply to the present situation.