HomeMy WebLinkAboutCOM 0679.059 2022-2024Office of Councilwoman Curtly Evans
Council District 9 -
Kohala, portions of Waimea
Hilo: (808) 961-8564
Kohala: (808) 889-6512
E-mail: citidy.evans@hmiaiicoiiiity.gov
HAWAI`I COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street • Hilo, Hawaii 96720
DATE: May 1, 2024
TO: Heather Kimball, Council Chair; and
Members of the Hawaii County Council
FROM: Cindy Evans, Councilmernber 0.� Eras
..a
SUBJECT: Proposed Amendment to Bill No. 125, Draft 2; AN ORDINANCE
AMENDING CHAPTER 6 OF THE HAWAPI COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE
RELATING TO COMMERCIAL BICYCLE TOURS.
Transmitted herewith are proposed amendments to Bill No, 125, Draft 2. The proposed
amendments are shown below in Ramseyer format with respect to the contents of Bill No. 125,
Draft 2; material to be deleted is bracketed and stricken and material to be added is underscored.
Due to the limited scope of the proposed amendments, a copy of the new draft of this bill that
would result if these amendments were adopted is not attached.
1. SECTION 1 of Bill No. 125, Draft 2, is amended to read as follows:
"SECTION 1. Purpose. In the interest of public safety, the purpose of this ordinance is to
restrict the operation of commercial blevele tours on certain portions of State and County public
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highways where high -stress two-way traffic conditions mqy exist resulting from topograplry,
design, or other physical conditions, including_ pavements less than 1 S-feet wide, limited sight
distances, unpassable shoulders, windingor r hilly terrain, and other vehicle operating inhibitions.
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 publie safe�, the purpose of this ordinance is to prohibit the-oper-atieff e
eammereial bieyele taicirs on eet!taia State and County roadways where limited lines of sigl-A, a
laek of passable shotilders, and other traffie eanditions e-neate tinsafe and potentially dangerous
Hmvai `i County is an Equal Opportunity Provider and Employer
Comm. No. .
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Ref. To:
Ref. tote MAY — 1 2024
2. SECTION 2 of Bill No. 125, Draft 2, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, 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 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 public highway, or any
designated portion thereof.
Section 6- Restrictions on commercial bicycle tours.
The council may by ordinance prohibit commercial bicycle tours on designatedportions of
public highwys when topography, design, or other physical conditions result in limited sight
distances or vehicle operating inhibitions.
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 Hawn Road.
(2) Akoni Pule Highway, from the twenty-five mile marker to its terminus at Pololu
Valley Lookout.
[ > at an agent of a bieyele tour business that violates -11
of this article shall e subjeet te!
(1) A fine of not move than $500 fef the fifst offense; an
committed -A`Ilhia one year of the date of the first offense.
Section 6- Penalties.
The owner, an employee, or an agent of a bicycle tour business that violates my_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 any 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 to implement this article."
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