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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 06 164 A BILL FOR AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 10, DIVISION 8, SECTION 24 -293, SCHEDULE 41, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), REGARDING VEHICLES AND TRAFFIC, TO RESTRICT THE USE OF THE WAIPI`O VALLEY ACCESS ROAD TO FOUR -WHEEL DRIVE VEHICLES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Hawaii County Code 1983 (2005 Edition, as amended) currently restricts access to the Waipi`o Valley Access Road to all -wheel drive vehicles only. However, there are multiple signs at the entrance to this road indicating that access is restricted to four -wheel drive vehicles only. Several members of the immediate community in Waipi`o have reported that all -wheel drive vehicles have been entering the valley only having to be towed out. This is due to both the inordinately steep slopes of this access road coupled with inclement conditions as well as rough terrain, high water, muddy roads and other considerations within the valley itself. Thus, all -wheel drive vehicles have been rendered incapacitated both on the access road itself and also within the valley at different points. The inability of all -wheel drive vehicles to successfully navigate the difficult terrain of this road creates unsafe conditions as well as an unnecessary and significant burden to the already relatively heavy traffic the Waipi`o Valley Access Road endures. Furthermore, as the code is currently written, those with four -wheel drive vehicles are not permitted to traverse the Waipi`o Valley Access Road as all -wheel drive and four -wheel drive are wholly different in concept, capacity and definition. SECTION 2. Chapter 24, article 10, division 8, section 24 -293, schedule 41, Hawaii County Code 1983 (2005 Edition, as amended), relating to Vehicles and Traffic, is amended to read as follows: "Section 24 -293. Schedule 41. Use of certain streets by certain vehicles restricted. The following classes of vehicles are precluded from the use of the designated streets when appropriate signs giving notice thereof are erected: (a) Hamakua (1) Pakalana Street, from Lehua Street to Mamane Street, makai bound only: (A) Any vehicle with a gross vehicle weight rating (GV WR) of more than ten thousand pounds shall not travel in the makai -bound direction. (B) This restriction shall be lifted during emergencies as may be declared by the office of civil defense. (2) Waipi`o Valley Access Road. (A) Restricted to [ell wheel] four -wheel drive vehicles only. (B) Any vehicle with a gross vehicle weight rating (GV WR) of more than ten thousand pounds shall not travel on this road. This restriction shall not be applicable to utility, emergency or delivery vehicles providing services to business establishments and residents [en] in Waipi`o Valley. (C) Vehicle shall be engaged in [all wheel] four -wheel drive mode.