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•v w <br /> ••t. <br /> <br /> Stephen K. Yamashiro Richard Wurdeman <br /> Mayor ~ Co+poration Counsel <br /> aw wa <br /> ft~uun#u II~ ~ttfirttit <br /> OFFICE OF THE CORPORATION COUNSEL <br /> n rrt <br /> 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (608) 9618251 Fax (808) 9697 C1 ~ <br /> C N ~~1 <br /> j <br /> 27 February 1997 L ~ <br /> O 'l <br /> -n~~ ~ <br /> r- 3 <br /> ~rn F-+ l <br /> n ~_J <br /> TO: THE HONORABLE DOMINIC YAGONG <br /> Council Member <br /> FROM: RICHARD D. WURDEMAN, Corporation Counsel ~ <br /> SUBJECT: SIDEWALK USE PERMITS <br /> This is a response to your request for an opinion on whether a <br /> sidewalk use permit is the appropriate means to provide for the <br /> placement of an advertising sign on a County right of way. <br /> The Pink Elephant Thrift Shop, an activity of the Hilo Woman's <br /> Club, seeks to place a 24" x 30" sandwich sign on the gravel <br /> area which separates the sidewalk and the roadway, in front of <br /> their shop on Kamehameha Avenue. This gravel area is County <br /> property and considered part of the right of way. <br /> Chapter 22-20 of the Hawaii County Code (HCC) prohibits the <br /> placement of any goods, wares, or merchandise on any sidewalk <br /> within Hilo without a permit from the Council. Another related <br /> section, §22-21 HCC, makes reference to the placement of <br /> newspaper stands and cafe table service, in addition to goods, <br /> wares and merchandise. No reference is made to advertising <br /> signs, and HCC §3-21, (although it seems to be directed <br /> primarily at signs projecting outward from buildings,) prohibits <br /> any sign from projecting over any public area more than five <br /> feet from the property line or to extend over any public highway. <br /> The gravel area in question here, since it is located within the <br /> width between property lines of a way over which part is <br /> reserved for vehicular traffic, is part of the public street. <br /> HCC Sec. 22-1 (3). Not only does the sidewalk use ordinance, <br /> HCC Sec 22-20 et seq., not provide for the placement of signs on <br /> sidewalk areas, but the sign ordinance referred to above, <br /> evidences a firm policy against advertising within the <br /> boundaries of a street or highway. <br /> I~5!e IVn.__ ~ <br /> t2ef. 'Po:_~~P <br /> 1Zef . 1}ate-_._ _..____.~_...r„f <br /> <br />