HomeMy WebLinkAboutCOM 0679.091 2022-2024Jennifer Kaghva(la
Council Uember Disit-ict 2 South Hilo
Office: (808) 961-8272
jetvrifei-. kagiw,acia .ha►s,aiicouttt}p.gov
HAWAVI COUNTY COUNCIL - DISTRICT 2
25 Atipuni Street' Hilo, HawaN 96720
DATE: June 12, 2024
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Jennifer Kagiwada, Council Member
Council District 2
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SUBJECT: Proposed Amendments to Bill No. 125, Draft 5; 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.
Please see below proposed amendments to Bill No. 125, Draft 5. The proposed amendments are
shown in Ramseyer format with respect to the contents of Bill No. 125, Draft 5; material to be
deleted is bracketed and stricken, and material to be added is underscored. A copy of the new
draft of this bill that will result if these proposed amendments are adopted is attached.
1, SECTION 1 of Bill No. 125 is amended to read as follows:
"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
P .] create a registration process
for commercial bicycle tour operations."
2. SECTION 2 of Bill No. 125, 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: �A
Comm. No. llt
Ref. To:
Hawai `i County Is an Equal Opportunity Provider- and Employer Ref. Dote III24
"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.
(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 annual renewal. Failure to register shall incur a fine of
$1,000,
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Section 6- Disposition of funds.
All monies collected under this article shall be deposited into the general fiend 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."
Thank you.
JLK:slm
Att.
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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, 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
create a registration process for commercial bicycle tour operations.
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 coninercial bicycle tours on any public highway, or any
designated portion thereof.
Section 6- Anneal 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:
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(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 annual renewal. Failure to register shall incur a fine of
$1,000.
Section 6- Disposition of funds.
All monies collected under this article shall be deposited into the general find and used
exclusively for supporting bicycle and pedestrian safety education.
Section G- 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 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.
SECTION 4. This ordinance shall take effect upon its approval.
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