COM 0374.002 1996-1998 - Laserfiche WebLink

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-f t o~,Nty or N,K try Stephen K. Yamashiro Richard Wurdeman h1Gty0r _ Carburation Counsel ii , 1fr Oi~Mf~r Cnnlxnf~r of ~ttfixttii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • Fax (808) 96I-8622 September 25, 1997 Mr. Richard Nishimura Traffic Division County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Nishimura: Re: May 29. 1997 Opinion Re az; reline Parkine ReQUlations Relationship of §I 5-26 and §24-8 You have asked us to review our opinion of May 29, 1997 regarding the relationship of § 15-26 and §24-8, Hawaii County Code. We have reviewed our opinion and still support the basic premise that the County Council would need to take action to create no parking zones on public roadways. However, in situations where parking areas are confined within county parks and not County roadways, then §15-26 may provide the authority to create no parking areas. However, the specific authority creating the no parking area within a park should still be codified by someone, whether it be the County Council through ordinance or by the Director of Parks and Recreation through his rule-making authority. Thus it is our opinion that the mere act of placing no parking signs along a roadway would not create a valid no-parking zone which could be enforced in a court of law. We also direct your attention to §290-11, Hawaii Revised Statutes, which provides for towing of vehicles left unattended on private or public property with the proper signage. However even under this law, it is our opinion that the discretionary function of where to create no-parking zones must still be done and codified through some legislative or rule-making process and cannot be left to the discretion of the parks department or the traffic division without any other authority. Sincerely, RICHARD D. WURDEMAN Corporation Counsel sy G LD TAKASE Deputy Corporation Counsel GT:de a:\traffic\I tnopark. wpd