HomeMy WebLinkAboutBIL 125 Draft 02 2022-2024�Jrtr OFa,
COUNTY OF HAWAII
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BILL NO. 125
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAI`I 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 HAWAI`I:
SECTION 1. Purpose. Chapter 46-16.3, Ilawai`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 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 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 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 puhlic 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)unction at Route 250 and Route 19, to the
intersection at Route 250 and IIdwi Road.
(2) Akoni Pule Ilighway, f -om the twenty-five mile marker to its terminus at Pololu Valley
Lookout.
(b) The owner, an employee, or an agent of a bicycle tour busirness that violates any provision
of this article shall be subject to:
(1) A line of not more than $500 for the first offense: and
(2) A tine of not less than $1,000 per bicycle for the second or subsequent of't'ense
committed within one year of the date of the first of tense.
Section 6- Administrative rules.
The chiefofpolice may adopt administrative rules pursuant to chapter 91, 1-lawai'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 efleet without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take eftect upon its approval.
INTROD I I3Y:
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('Ot- CIL MLMI3 ,. v ('OUN"TY OF HAWAI`l
I lawai' i
Date of Introduction:
Date of' I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.
679.45