HomeMy WebLinkAboutCOM 0303.004 2024-2026C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
Merrick Nishimoto
Deputy Managing Director
County of Hawaii— Office of the �viayor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740
Phone (808) 323-4444 • Fax (808) 323-4440
July 31, 2025
The Honorable Holeka Goro Inaba, Chair
and Hawaii County Council Members
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Chair Inaba:
Re: Veto Message — Bill 59 Draft 2
Hawai `i County Code Amendment Related To Pedestrians
Pursuant to Section 3-12 of the Hawaii County Charter, I am disapproving Bill 59 (Draft 2) and
returning it to you. Bill 59 (Draft 2) seeks to amend County Code Chapter 24, Article 9 relating
to Pedestrians by adding prohibitions on pedestrians entering within fifteen (15) of a roadway to
receive a ride, employment, business or any other good or service from a vehicle, unless the
vehicle is legally parked.
While the bill aims to address legitimate public safety concerns, the expanded fifteen -foot buffer
zone could potentially affect constitutionally protected speech and expression in public spaces;
and therefore subject the County to legal challenges. These concerns merit further review to
ensure that our approach is both effective in addressing safety issues and respectful of
fundamental rights.
Unfortunately, the Council's decision to suspend its Rule 23 and expedite the adoption of Draft 2
limited the opportunity for thorough legal and policy review. This compressed timeline did not
allow for a comprehensive analysis of the bill's enforceability, its equal application, or its
consistency with constitutional protections.
Given these concerns, I believe a further review is necessary to ensure the bill is both legally
sound and equitable in practice. I remain committed to working with the Council to develop a
version of this legislation that appropriately balances public safety with the rights of all
individuals in our community.
Respectfully,
C. Kimo Alameda, Ph.D.
Mayor
Enclosure: Bill 59 (Draft 2) Comm. No.
c: Renee N. C. Schoen, Corporation Counsel Ref. To: 011.1,011
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date AUG- _-. _1 - 2025
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Dr. Holeka Goro Inaba
Date Introduced:
June 18, 2025
First Reading:
June 18, 2 0 2 5
Published:
June 27, 2025
Second Reading: July 9, 2025
To Mayor:
Returned:
Effective:
Published:
REMARKS.
COUNTY CLERK
COUNTY OF HAWAII;
2025 JUL 31 Phi 2. 29
ROLL CALL VOTE I
AYES
NOES '
ABS
EX
Galimba
X
Hustace
X
Inaba
X
Kagiwada
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Onishi
X
Villegas
X
7
2
0
0
(Draft 2)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Galimba
X
Hustace
X
Inaba
X
Kagiwada
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Onishi
X
Villegas
X
7
2
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
Approve isapproved his 'l/sf
ofu11/ 120 a5
MAYOR, COUNTY OF HAWA1 `I
COUNCIL CHAIRPERSON
day
COUNTY CLERK
Bill No.: 59 (Draft 2)
Reference: C-303.3/PCPWMT-4
Ord No::
COUNTY OF HAWAI`I
JNSV OF 114
7rE OF •HF,J�
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO.
59
(DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 9, OF THE HAWAI`I
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
PEDESTRIANS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 24, article 9, section 24-249, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 24-249. ( ] Certain acts by
pedestrians prohibited.
(a) No person may enter or
remain within fifteen feet of a roadway for the purpose of.
(1) Receiving or soliciting a ride, employment, [of] business, or any other good or
service from the occupant of any vehicle[:] unless the vehicle is legally
parked; or
,(2) Delivering or offering any eMloyment business, or other good or service to
the occupant of any vehicle unless the vehicle is legally parked.
For the purposes of this subsection:
"Good or service" does not include aid, assistance, or help provided or
rendered in an emergency or traffic accident.
,(b) Notwithstanding Mthing to the contrary a person convicted of a violation of
subsection (a) is subject to:
(1) For any violation not within one year of a previous violation:
(A) A fine not less than $250 and not more than $1,000;
(B) Community service no less than eighteen hours nor more than seventy-
one hours, or
C Both.
(2) For any violation within one year of a previous violation:
(A) A fine not less than $500 and not more than $1,000;
(B) Community service no less than thirty-six hours nor more than seventy-
one hours; or
C Both.
[(b)] Le No person shall stand on or in proximity to a street or highway for the
purpose of soliciting the watching or guarding of any vehicle while parked or about
to be parked on a street or highway."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 303.3
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
2