HomeMy WebLinkAboutBIL 125 Draft 03 2022-2024COUNTY OF HAWAVI •��
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 125
(DRAFT 3)
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAFI 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, 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." hn 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, 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.
"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 registration shall include:
(1) The name, business address, mailing address, phone number, and e-mail of the
registrant;
(2) The name and contact information of any representatives authorized to act on behalf
of the registrant;
(3) Locations, areas, and routes to the utilized for bicycle tours, tour schedule, and the
maximum number of participants per tour group;
(4) Written and notarized permission from any property owner whose property 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 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 highway, the director of the State
department of transportation have determined that the operation of commercial bicycles
tours on such highways, or designated portions thereof, poses 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.
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.
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.
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SECTION 4, This ordinance shall take el'I'ect upon its approval.
IN'IR BY:
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'Y OIAWAPICO,vCQUNI
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Date ol' Introduction:
Date of'] st Reading:
Date of 2nd Reading:
Effective Date:
679.61
REFERENCE Comm. _