REP PWPC 026 03/18/1997 1996-1998

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Public Works and Parks Committee Report March ] 8, 1997 Page Two The DIA's written comments, Communication No. 25.01, dated January 2l, 1997, were submitted to Your Committee, now known as, the Public Works and Parks Committee. In these comments, the DIA stated that its first concern was that the proposed sign complied with the County's rules and regulations. The DIA further expressed concern that pedestrian safety should neither be compromised by the placement of this sign nor by the proliferation of sandwich board signs that might result from granting this application. In preparation for further discussion on this matter, Committee Chair Dominic Yagong, requested an opinion from the Corporation Counsel's office regarding the following two questions: 1. Does Chapter 22, Division 5 of the Hawaii County Code regulate the placing of sandwich board signs on County property? 2. If Chapter 22, Division 5, does not apply to this situation, please inform us whether the proposed use is otherwise regulated by County law and identify such laws. In this written request, Communication No. 25.03, Mr. Yagong noted that, Committee staff have been advised by the Department of Public Works that the sidewalk area fronting the Pink Elephant Thrift Shop is located within the County right-of--way and that this right-of-way also includes the landscaped gravel area where the Applicant proposes placing the sign. Mr. Richard Wurdeman, Corporation Counsel, replied in a written opinion, dated February 27, 1997. In this opinion, Communication No. 25.04, Mr. Wurdeman confirmed that the gravel area where the applicant proposes placement of their sign is County property and considered to be part of the right-of-way. He further advised Your Committee that the gravel area in question, is a part of the public street pursuant to sec. 22-1(3), Hawaii County Code and that consequently, "Not only does the sidewalk use ordinance, HCC Sec 22-20 et seq., not provide for the placement of signs on sidewalk areas, but the sign ordinance referred to above, [HCC sec. 3-21] evidences a firm policy against advertising within the boundaries of a street or highway." He concludes that, "The granting of a sidewalk use permit for this use is thus, not provided for under the ordinance."