HomeMy WebLinkAboutBIL 124 Draft 01 2020-2022
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, SECTION 20-03-03, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DISPOSITION OF ABANDONED OR DERELICT VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 20, article 3, section 20-03-03, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 20-03-03. Prohibition; disposition of abandoned or derelict vehicles.
(a) No person shall leave, abandon, or place any wrecked or nonoperational automobile or construction equipment or part or portion of a wrecked or nonoperational automobile or construction
equipment, or scrap iron, or other similar material, upon any part of a public highway, public property, or private property of another.
(b) The department shall take into custody and dispose of abandoned or derelict vehicles in accordance with chapter 290, Hawai‘i Revised Statutes.
(c) The removal of abandoned or derelict vehicles shall be subject to the following:
(1) The department shall [only] remove abandoned or derelict vehicles that are located on or within ten feet from the edge of any public or private road;
(2) The department shall not remove abandoned or derelict vehicles from any area, if the director determines that the area is unsafe for a tow truck to traverse; [and]
(3) The department may remove abandoned or derelict vehicles from private property at the request of the property owner(s) or registered vehicle owner(s), at no cost to the property
or registered vehicle owner(s); and
[(3)](4) All decisions to tow shall be based on funding availability and subject to the discretion of the director in accordance with this article.
(d) The director shall develop and implement a public outreach program to educate residents, community associations, road corporations, tow companies, and the public about the disposition
of abandoned or derelict vehicles including the procedures for reporting abandoned or derelict vehicles.
(e) The department shall adopt rules regarding the disposition of abandoned or derelict vehicles, that are in accord with chapter 290, Hawai‘i Revised Statutes.”
SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring
need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: