COM 0356.007 2010-2012 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 2, SECTION 24 -12 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The County of Hawaii has the highest percentage of fatalities caused by drivers under the influence of alcohol in the State of Hawaii and in the nation (U.S. Department of Transportation, 2009). Our residents and visitors who drive while under the influence of an intoxicant or continue to drive while under the influence of an intoxicant after being arrested one or more times need a more immediate form of enforcement to stop this dangerous and deadly habit. Immediate repercussions for violating these laws may instill a greater wariness about violating any of the seven laws listed in this ordinance. Hopefully, drivers who do not have a license or registration may choose to preemptively pay for those fees rather than have their vehicle towed and stored. Those individuals who refuse to comply with the laws and also refuse to pay for the towing and storage of their vehicle after violating the law will have their vehicle sold after 30 days of being given written notice by the tow company. The policy of the Police Department shall change regarding towing for driving while under the influence of an intoxicant and for the other six violations of law. Registered owners of such vehicles operated by violators shall be charged for towing and storage. The possibility that committing these violations may deprive the violator's family of the use of the towed vehicle may cause the potential violator to use other transportation means instead of an unregistered vehicle, driving without a license, or driving while under the influence of an intoxicant. This policy change will not cost the County any money since these vehicles will be impounded at private tow yards at the expense of the violators or registered owners who allow violators use their vehicles in an illegal manner. Furthermore, this ordinance may actually save the County untold expense. As we lower fatalities and crashes on our roadways, we also reduce the need for County employees on regular time and overtime to respond to these crashes. In crashes and crash fatalities, the County pays the first responders: Fire Fighters, EMS personnel, and Police Officers. The County pays the second responder which is the Department of Public Works - Traffic Division to clear the road. Thereafter, the County pays the Office of the Prosecutor to prosecute the case. Additionally, the County might be required to pay for medical expenses for the uninsured parties. These County expenses, potentially millions of dollars, will be reduced as the public becomes aware of our intolerance to driving while under the influence or any of the other violations in this ordinance. Finally and most importantly, we will save lives by reducing driving while under the influence of an intoxicant. In other states, laws have been enacted for victims of crime. This ordinance is named in memory of 17- month -old Aliyah Braden who was killed on May 23, 2009 by a driver who was driving while under the influence of an intoxicant. Collectively, any violations identified under subsection (b) shall be named "Aliyah's Law ".