HomeMy WebLinkAboutCOM 0679.069 2022-2024 Ashley L. HierkiewicZ Office: (808)961-8265
Council Member '•S"• rax: (808)961-8912
District d Prrna ,: :* ashle)tkiet-kiewicz@haivaiicotittly.gov
hativaiicounly.gov
HAWAII COUNTY COUNCIL
Hawaii County Building -31 '
25 Aupuni Street • 14 lo, Hawaii 96720 =CD
TO: Heather Kimball, Council Chair -- '
Un r
and Members of the Hawaii County Council
FROM: Ashley L. Kierkiewicz, Council Member/� ,
DATE: May 15, 2024
SUBJECT: Proposed Amendments to Bill No. 125, Draft 3; an Ordinance Amending Chapter
6 of the Hawaii County Code 1983 (2016 Edition, as Amended), by Adding a
New Section Relating to Commercial Bicycle Tours.
Transmitted herewith are proposed amendments to Bill No. 125, Draft 3. The amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 125, Draft 3; material
to be deleted is bracketed and stricken and material to be inserted is underscored.
1. SECTION 2 of Bill No. 125, Draft 3, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, is amended by amending the third
section of said article, entitled "Annual registration",to read as follows:
"Section 6•- Annual registration,
1l [may] Prior to the first day of each January, any business or person operating a
commercial bicycle tour in the County shall register annually with the director of
finance,which registration shall be made in such form as prescribed by the director
of finance and 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.
b A registration fee shall.accompany the annual registration,which shall be $500 for
the initial registration and $250 for each subsequent registration, provided that • ��
Comm. No.
Ref. To: -
Hativai'i Couno,is an Equal Opportunity Provider and Employer Ref. Dote MAY S
failure to register shall incur a fine of 1 000 for each unregistered year.and the first
registration thereafter shall be considered the initial registration,"
2. SECTION 2 of Bill No. 125, Draft 3, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, is amended by amending the
fourth section of said article, entitled "Authority to restrict", to read as follows:
"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 enaet ne stieh pfehibitar-y ordinance unless the director of publie
highways,works, the ehief of police, and, in the case of any Siate highway, !he diveeter ofth
>
Peses
] The council ma not enact any such prohibition until
having requested the res ective o inions of the chief of police, the director of
public works, and other public officials deemed al2propriate as to whether the
operation of commercial bicycle tours compromises public safety on the highways,
sways,
or portions thereof, identified in the proposed prohibition. The chief of police and
director of public works shall provide their respective opinion within thirty days of
the request by the council.,
(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."
3. SECTION 2 of Bill No. 125, Draft 3, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, is amended by adding a new
section to be inserted as the fifth section of said article and to read as follows:
"Section 6- Prohibited highways for commercial bicycle tours.
In accordance with section 6- and when signs are erectedig ving notice thereof,
commercial bicycle tours shall not operate on the following public highway
a Hamakua
b North Hilo
c South Hilo
jdj Ka`u
e Kohala
Kona
2
61) Puna"
4. SECTION 2 of Bill No. 125, Draft 3, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, is amended by amending the fifth
section of said article, entitled "Penalties", to read as follows:
"Section 6- Penalties.
[The
ownef, an employee, an agent of a] Any bicycle tour business that [vielates
] o crates a commercial bicycle tour on.a prohibited highway
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."
5. SECTION 2 of Bill No. 125, Draft 3, which amends chapter 6 of the Hawaii County Code
1983 (2016 Edition, as amended) by adding a new article, is amended by amending the sixth
section of said article, entitled "Administrative rules", to read as follows:
"Section 6- Administrative rules,
The [ehief ofpolic-el director of finance may adopt administrative rules pursuant to
chapter 91, Hawaii Revised Statutes, as may be necessary to implement this article."
A copy of the new draft of this bill that would result if these proposed amendments were adopted
is attached.
Ak:kj
Att.
3
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.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 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.
4
Section 6- Annual registration.
(a) Prior to the first day of each January, any business or person operating a commercial
bicycle tour in the County shall register annually with the director of finance, which
registration shall be made in such form as prescribed by the director of finance and 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 tong business.
(b) A registration fee shall accompany the annual registration, which shall be$500 for the
initial registration and $250 for each subsequent registration, provided that failure to
register shall incur a fine of$1,000 for each unregistered year and the first registration
thereafter shall be considered the initial registration."
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 may not enact any such prohibition until having requested the respective
opinions of the chief of police, the director of public works, and other public officials
deemed appropriate as to whether the operation of commercial bicycle tours compromises
public safety on the highways, or portions thereof, identified in the proposed prohibition.
The chief of police and director of public works shall provide their respective opinion
within thirty days of the request by the council.
(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- Prohibited highways for commercial bicycle tours.
In accordance with section 6- and when signs are erected giving notice thereof,
commercial bicycle tours shall not operate on the following public highways:
a Hamakua
b North Hilo
c South Hilo
d Ka`fi
5
e Kohala
Kona
Puna
Section 6-_, Penalties.
Any bicycle tour business that operates a commercial bicycle tour on a prohibited highway
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 director of finance may adopt administrative rules pursuant to chapter 91, Hawaii
Revised Statutes, as may be necessary to implement this article.
6