HomeMy WebLinkAboutBIL 125 Draft 01 2022-2024 COUNTY OF HAWAI`I t;`�`- STATE OF HAWAII
BILL NO. 125
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
COMMERCIAL BICYCLE TOURS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Chapter 46-16.3, Hawai`i Revised Statutes, enables the County
Council to "adopt and provide for enforcement of ordinances regulating commercial bicycle
tours on state and county highways, including but not limited to ordinances relating to the
number of tours, the number of bicycles within a tour, scheduling of tours, physical spacing of
tours, rules of the road, health and safety requirements, equipment maintenance, driver and guide
qualifications, driver and guide drug testing, accident procedures and reporting, and financial
responsibility requirements."In the interest of public safety,the purpose of this ordinance is to
prohibit the operation of commercial bicycle tours on certain State and County roadways where
limited lines-of-sight, a lack of passable shoulders, and other traffic conditions create unsafe and
potentially dangerous circumstances for motorists and bicyclists.
SECTION 2. Chapter 6 of the Hawai`i County Code 1983 (2016 Edition, as amended) is
amended by adding a new article to be appropriately designated and to read as follows:
"Article_. Commercial Bicycle Tours.
Section 6- Definitions.
As used in this article, unless the context clearly requires otherwise:
"Bicycle"means the same as defined in Chapter 291C-1, Hawai`i Revised Statutes.
"Business"means the same as defined in Chapter 1 of this Code.
"Commercial bicycle tour"means a tour comprised of a group of persons traveling on
bicycles for the purposes of pleasure, recreation, and sightseeing, is operated, conducted,
organized, facilitated, furnished with bicycles, or otherwise provided for by a business.
"Commercial bicycle tour" shall include guided bicycle tours and unguided bicycle tours.
"Guided bicycle tour"means a commercial bicycle tour that is accompanied or led by an
employee or agent of the business providing the bicycle tour for the duration of the tour.
"Public highway"means the same as defined in Chapter 264, Hawai`i Revised Statutes.
"Unguided bicycle tour"means a commercial bicycle tour that is not accompanied or led by
an employee or agent of the business, including those in which transportation to or from the
route is provided or arranged by the business.
Section 6- Applicability.
This article shall apply to all commercial bicycle tours on any public highway, or any
designated portion thereof.
Section 6- Prohibitions; penalties.
(a) Commercial bicycle tours shall not operate on the following public highways:
(1) Kohala Mountain Road, from the junction at Route 250
and Route 19, to the intersection at Route 250 and Rawl Road.
(2) Akoni Pule Highway, from the twenty-five mile marker to its terminus at Polold Valley
Lookout.
(b) Any business responsible for a commercial bicycle tour that violates any provision of this
article shall be subject to:
(1) A fine of$500 for the first offense; and
(2) A fine not less than$1,000 per bicycle in the commercial bicycle tour committing the
violation for any subsequent offense."
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.
INTRO D BY:
CS
COUNCIL ME , COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 679
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