HomeMy WebLinkAboutBIL 200 Draft 01 2020-2022 i
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COUNTY OF HAWAIJ STATE OF HAWAIJ
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ILL NO. 200
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ORD
INANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), RELATING TO VEHICLE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 20, article 3, section 20-03-03, of the Hawaii County Code 1983
(2016, as amended), is repealed.
"[Seetion 20 03 03. Prohibition; disposition of abandoned or-der-efiet .
construction equipment of part of portion of a wrecked or nonopefational automobile of
eanstfuetion a of sefap ifon,
highway, „b,lie„ perg, of pfivate„ pe fty of anotor
(b) The department shall take into custody and dispose of abandoned of der-elietVehieles i
within to root f;.,,m the edge of any r,,,blie of private road;
(3) All J eeisiofl-s t,, tow shall be subject to the discretion of the diff .tof
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and the publie about the
disposition of aba-Rdoned of defelietvehiele including the preee tffes for reporting
(e) The depaftfnefA shall adopt fules fegafdiffg the dispositieft of abandoned of defeliet
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vehicles,
SECTION 2. Chapter 20, of the Hawaii County Code 1983 (2016, as amended), is
amended by adding a new article to read as follows:
"Article 7. Disposal of Vehicles and Similar Materials.
Division 1. Abandoned and Derelict Vehicles.
Section 20-07-01. 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 hart 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, Hawaii 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) All decisions to tow shall be subject to the discretion of the director.
(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 regardingthe he disposition of abandoned or derelict vehicles,
that are in accord with chapter 290, Hawaii Revised Statutes.
Division 2. Vehicle Disposal Assistance.
Section 20-07-21. Vehicle disposal assistance proLram.
(a) The department shall establish a vehicle disposal assistance program to assist
Hawaii County residents with disposal of vehicles. Assistance shall be contingent
on the availability of funds within the County's vehicle disposal fund, and at the
discretion of the director.
(b)Applications for assistance.
To apply for disposal assistance, a property owner or registered vehicle owner shall apply to
the department to have the department dispose of a vehicle from the property owner or
registered vehicle owner's property.
(c) The property owner shall ensure that the vehicle is accessible for towing"
SECTION 3. 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.
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SECTION 4. 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.
SEC'T'ION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEBER, �OUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 938
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