HomeMy WebLinkAboutCOM 0679.073 2022-2024Ashley L. Merkiewiez
Council Hemmer
District 4 Puna
Office: (808) 961-8265
Fax: (808) 961-8912
ashley.kierkiewicz a hmvaitcotmot gov
HAWAI`I COUNTY COUNCIL
Hawaii County Bailding
25 Aupuni Street - Hilo, Hawaii 96720
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council r
FROM: Ashley L. Kierkiewicz, Council Member0&1
4,5,
DATE: June 6, 2024
SUBJECT: Proposed Amendments to Bill No. 125, Draft 4; 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 are proposed amendments to Bill No. 125, Draft 4. The amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 125, Draft 4; material
to be deleted is bracketed and stricken and material to be inserted is underscored.
1. SECTION 2 of Bill No. 125, Draft 4, 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.
(a) Prior to the first day of each January, any business or person operating a
commercial bicycle tour in the County shall register or renew 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 [9tibsefl! registration, provided that
Flaivai `i County 19 an Equal Opportunity Provider and Employer
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failtire] annual renewal. Failure to register shall incur a fine of $1,000 [for eae
unregistefed year and the fifst i:egistration thereafter shall be eansidered the initial
reg-istrationt"
2. SECTION 2 of Bill No. 125, Draft 4, 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 [m�] substandard road conditions.
(b) [fie] Prior to taking final action on any such ordinance the council shall_request
[may not enaet any seeh prohibition tintil having requested] the respective
[epiniens] recommendations 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 publie sa ft" on the on the affected Dublic highways,
or portions thereof, [identified it the should be prohibited.
The chief of police and director of public works shall provide their respective
[opinion] recommendation within [tliir-t-y] forty-five days of the request by the
council.
(c) With respect to any prohibition considered by the council, [unsafe
efs,
distances,limited sight steep grades, one lane bridges, and winding or hilly terrain.]
conditions considered substandard for non -vehicle use may include unpaved gravel
road surfaces, narrow travel -lane pavement widths, lack of or insufficient shoulder
areas, limited lines of sight, one -lane bridges,p roadway grades, and any other
condition deemed unsafe b the director of public works."
3. SECTION 2 of Bill No. 125, Draft 4, 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 appropriately inserted as the seventh section of said article and to read as
follows:
"Section 6- Disposition of funds.
All monies collected under this article shall be deposited into the general fund and
used exclusively for supporting bicycle and pedestrian safety education."
A copy of the new draft of this bill that would result if these proposed amendments were adopted
is attached.
Ak:kj
Att,
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAVI 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." 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, 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-Annual registration.
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(a) Prior to the first day of each January, any business or person operating a commercial
bicycle tour in the County shall register or renew 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-rnail 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 annual renewal. Failure to register shall incur a fine of
$1,000.
Section 6-_ Authority to restrict.
(a) The council may by ordinance prohibit commercial bicycle tours on designated portions of
public highways due to substandard road conditions.
(b) Prior to taking final action on any with ordinance, the council shall request the respective
recommendations 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 on the
affected public highways, or portions thereof, should be prohibited. The chief of police and
director of public works shall provide their respective recommendation within forty-five
days of the request by the council.
(c) With respect to any prohibition considered by the council, conditions considered
substandard for non -vehicle use may include unpaved gravel road surfaces, narrow travel -
lane pavement widths, lack of or insufficient shoulder areas, limited lines of sight, one -lane
bridges, steep roadway grades, and any other condition deemed unsafe by the director of
public works.
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
Haranakua
b
North Hilo
c
South Hilo
d
Ka`ft
e
Kolrala
19
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- Disposition of funds.
All monies collected under this article shall be deposited into the general fund and used
exclusively for supporting bicycle and pedestrian safety education.
Section 6- Administrative rules.
The director of finance 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 field 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.
SECTION 4. This ordinance shall take effect upon its approval.
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