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COUNTY OF HAWAI I _ , . STATE OF HAWAI`I BILL NO. 125 (DRAFT 4) 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, Hawai`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 Hawai`i 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, Hawai`i 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.