HomeMy WebLinkAboutCOM 0679.044 2022-2024Office of Councilwoman Cindy Evans
Council District 9 -
Kohala, portions of Waimea
Hilo: (808) 961-8564
Kohala.- (808) 889-6512
E-mail: cincly.ev(ins(c�hawaiieounty.gov
HAWAPI COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street - Hilo, Hawaii 96720
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DATE: March 4, 2024
TO: Heather Kimball, Council Chair; and
Members of the Hawaii County Council
FROM: Cindy Evans, Councilmember a�
SUBJECT: Proposed Amendment to Bill No. 125; AN ORDINANCE AMENDING
CHAPTER 6 OF THE HAWAI'l COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY ADDING A NEW ARTICLE
RELATING TO COMMERCIAL BICYCLE TOURS.
Transmitted herewith is a proposed amendment to Bill No. 125. The proposed amendment is
shown below in Ramseyer format with respect to the contents of Bill No. 125; material to be
deleted is bracketed and stricken, and material to be inserted is underscored. A copy of the new
draft of this bill that would result if this amendment were adopted is attached.
SECTION 2 of Bill No. 125, which amends chapter 6 of the Hawaii County Code 1983 (2016
Edition, as amended), is amended 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 I of this Code.
"Commercial bicycle tour" means a tour comprised of a group of persons traveling from
place to place on bicycles for [the pufpeses-e4] pleasure, recreation, and sightseeing, and is
operated[, eendueted, ofganized, f4eilitated, ftifnished with bieyeles, of athefwise pfovided foia]
by a bicycle tour 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 the
owner, an employee, or an agent of the bicycle tour business providing the bicycle tour for the
duration of the tour.
"Public highway" means the same as defined in Chapter 264, Hawaii Revised Statutes.
"Unguided bicycle tour" means a commercial bicycle tour that is not accompanied or led by
the owner, an employee, or an agent of the bicycle tour business[, ineluding t ] throughout
Hawai'i County is an Equal Opportunity Provider and Employer Comm. No.
Ref. To:
Ref. Date
the ride, and in which transportation to or from the route is provided or arranged by the bicycle
tour 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 Haw-1 Road.
(2) Akoni Pule Highway, from the twenty-five mile marker to its terminus at Polola Valley
Lookout.
(b) [Any] The owner, an employee, or an agent of a bicycle tour business [responsible
eemmefeial bieyele tottf] that violates any provision of this article shall be subject to:
(1) A fine of not more than $500 for the first offense; and
(2) A fine of not less than $1,000 per bicycle [in the commercial bieyele tour eommittiffg
the vielation f6f any stibsequeni offense.] for the second or subsequent offense
committed within one year of the date of the first offense.
Section 6- Administrative rules.
The chief of police may adopt administrative rules pursuant to chapter 91, Hawai'i Revised
Statutes, as may be necessary.y to implement this article."
CE:bw
Att.
2
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAIJ 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 HAWAIJ:
SECTION 1. Purpose. Chapter 46-16.3, Hawaii 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 fines -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 Hawaii 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 291 C- 1, Hawai'i Revised Statutes.
"Business" means the same as defined in Chapter I of this Code.
"Commercial bicycle tour" means a tour comprised of a group of persons traveling from
place to place on bicycles for pleasure, recreation, and sightseeing, and is operated by a bicycle
tour 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 the
owner, an employee, or an agent of the bicycle tour business providing the bicycle tour for the
duration of the tour.
"Public highway" means the same as defined in Chapter 264, Hawaii Revised Statutes.
"Unguided bicycle tour" means a commercial bicycle tour that is not accompanied or led by
the owner, an employee, or an agent of the bicycle tour business throughout the ride, and in
which transportation to or from the route is provided or arranged by the bicycle tour 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 I-Iawz Road.
(2) Akoni Pule Highway, from the twenty-five mile marker to its terminus at Pololu Valley
Lookout.
(b) The owner, an employee, or an agent of a bicycle tour business that violates any provision.
of this article shall be subject to:
(1) A fine of not more than $500 for the first offense; and
(2) A fine of not less than $1,000 per bicycle for the second or subsequent offence
committed within one year of the date of the first offence.
Section 6- Administrative rules.
The chief of police may adopt administrative rules pursuant to chapter 91, Hawai`i Revised
Statutes, as may be necessary to implement this article."
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.
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