HomeMy WebLinkAboutCOM 0679.060 2022-2024 Ashley L. Kierkiewiez ,Ntv jos,y Office:(808)961-8265
Council Member ' ��'• f rax: (808)961-8912
District 4 Pima * ashley.kierkieivicz i hawalicounbty gov
J 1
HAWAII COUNTY COUNCIL
Hawaii County Building a-+
25 Aupuni Street • Hilo,Hawaii 96720 =a
TO: Heather Kimball, Council Chair Z-_
and Members of the Hawaii County Council
FROM: Ashley L. Kierkiewicz, Council Member
DATE: May 1, 2024
SUBJECT: Proposed Amendment to Bill No. 125, Draft 2; 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.
Transmitted herewith is a proposed amendment to Bill No. 125, Draft 2. The amendment is
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.
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, Hawaii 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.
Comm. No
Ref. To:
Hativai`i County is an Equal Opportunity Provider and Employer Ref. Date
"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- Annual registration.
Any business or person operating;a commercial bicycle tour in the County shall register
annually with the director of finance which re istration shall include:
(1) The name, business address, mailingaddress, phone number, and e-mail of the
registrant, _ F
(2) The name and contact information of any representatives authorized to act on behalf
of the registrant-,
(3) Locations, areas, and routes to be utilized for bicycle tours, tour schedule, and the
maximum number of artici ants er tour rou
4 Written and notarized permission from aqyProPerty owner whose propegy the
commercial bicycle tour traverses,, and
(5) A description of all moveable structures, including trailers or mobile containers, used
in conjunction with the bicycle tour business.
Section 6- Authority to restrict.
(a) The council may by ordinance prohibit commercial bicycle tours on designated portions of
public highways sways due to unsafe road conditions.
(b) The council shall enact no such prohibitory ordinance unless the director of public works,
the chief of police, and, in the case of any State hi lg sway, the director of the State
department of trans ortation have determined that the operation of commercial bicycles
tours on such highways, or designated portions thereof, 12oses a threat of public safety.
(c) With respect to any prohibition considered by the council, unsafe road conditions include,
but are not limited to, narrow pavement widths, unpassable shoulders, limited sight
distances, steep grades, one-lane bridges, and winding or hilly terrain.
Section 6- [ .] Penalties,
[(a) Commereial bieyele tours shall not operate on the follewing ptiblie highVffiYS:
(1) Kohala Mountain Read, from the jHnefien at Route 250 and Route 19, to
, to aniio .a+ D,.,,te 250 and TS:, T Read
(2) -
l J Valley T .,.,I,. t, .]
[(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 offense
committed within one year of the date of the first offense.
2
Section 6- Administrative rules.
The chief of police may adopt administrative rules pursuant to chapter 91, Hawaii
Revised Statutes, as may be necessary to implement this article."
Due to the limited scope of the amendment, a copy of the new draft of Bill No. 125, Draft 2, that
would result if this proposed amendment were adopted is not attached.
AK;kj
3