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REPORT OF THE <br /> COMMITTEE ON PUBLIC WORKS AND PARKS <br /> <br /> DATE: August 1s, 1998 RE: COMM. NO. 230 /BILL NO. 68 <br /> <br /> PLACE: Councilroom <br /> <br /> TIME: 9:00 a.m. <br /> <br /> Chair and Members <br /> <br /> Hawaii County Council <br /> <br /> Hilo, Hawaii 96720 <br /> <br /> Your Committee on Public Works and Parks, to which was referred Communication No. 230, and <br /> <br /> attached Bill No. 68, reports as follows: <br /> <br /> The purpose of Bill No. 68 is to amend Traffic Code relating to vehicles and traffic extending the Statewide <br /> <br /> Traffic Code to certain private streets. <br /> <br /> Communication No. 230 is from Donna Fay K. Kiyosaki, Chief Engineer, dated March 27, 1997, <br /> <br /> transmitting a bill to amend Chapter 24, Hawaii County Code, relating to vehicles and traffic extending the <br /> Statewide Traffic Code to certain private streets. Ms. Kiyosaki states that this amendment authorizes the <br /> <br /> owner(s) of the private streets and/or roads to place and maintain official traffic control devices on their <br /> <br /> private roads. <br /> On April l5, 1997 and June 30, 1997, Your Committee discussed Bill No. 68, but deferred it pending <br /> statutory research of Act 173 and further amendments to the bill. <br /> Communication No. 230.02 is Crom Leslie Chow, Fiscal/Program Review Auditor, dated <br /> July 22, 1998, transmitting Bill 68, Draft 2 and submitting per the request of Your Committee a brief <br /> regarding the purpose and history of Bil] No. 68. Also submitted was Bill No. 68, Draft 2, which seeks to <br /> clarify the relevant County law to promote its implementation and consistency with State law. Among the <br /> changes from Bill No. 68 to its Draft 2 include: <br /> 1. Added exception re: streets used primarily for actual aln'icultural and ranching purposes. Added term <br /> "actual" to clarify that this exception is intended to apply to streets that are used for actual agricultural <br /> and ranching use rather than streets that are primarily used for residential purposes but located withi? <br /> agricultural zoned areas. <br /> 2. Divided subsection into separate paragraphs, i.e. public streets, private streets, and special parking stalls <br /> - to promote clarity. <br /> 3. Added streets which are intended for dedication to the public use as provided in Section 264-1, Hawaii <br /> Revised Statute, and are open for public travel, but have not yet been accepted by the County as a <br /> category of private streets, subject to regulation. <br /> 4. Added language stating that the County shall not be responsible for maintenance and repair of private <br /> streets when it imposes traffic regulations. <br /> 5. Added language stating that no adverse or prescriptive rights shall accrue to the public when the County <br /> imposes traffic regulations. <br /> 6. Amended definition of official traffic control device to include signs, etc. placed or erected with consent <br /> of a public body. <br /> 7. Amended section relating to the installation and maintenance of traffic control devices by: establishing <br /> that chapter allows installation and maintenance of traffic control devices on publicly maintained streets <br /> and privately owned and maintained streets; adding section which authorizes and requires owners of <br /> private streets to place traffic control devices etc; clarifying that private owners will be obligated to post <br /> <br />