Loading...
HomeMy WebLinkAboutBIL 132 Draft 01 2024-2026,tY Ol COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAI`I BILL NO. 132 AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY ADDING AN ARTICLE RELATING TO PAID PARKING FACILITIES IN KAILUA VILLAGE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI°I: SECTION 1. Findings and purpose. Unregulated and excessive parking fees threaten to harm the public by limiting residents' access to local businesses, deterring visitors, and creating barriers to shoreline access. These impacts undermine the vitality of the local businesses at the heart of West Hawai`i's tourism industry and erode the small-town feel and charm of historic Kailua Village. Implementing fair and reasonable regulations on parking rates at paid parking facilities in Kailua Village will promote accessibility and preserve the welcoming, community - oriented atmosphere that residents and visitors value. The purpose of this ordinance is to establish consumer protections by regulating the business practices of private parking facilities within Kailua Village, including rates that may be charged. SECTION 2. Chapter 6 of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by adding an article to be appropriately designated and to read as follows: "Article _. Paid Parking Facilities in Kailua Village. Section 6-_ Purpose. The purpose of this article is to regulate parking rates that are charged at private parking facilities in Kailua Village to ensure that rates are not excessive nor create hardship for the public to access local businesses, community events, cultural gatherings, or recreational activities in Kailua Village and along its shoreline and surrounding bays. Section 6- Definitions. As used in this article: "Director" means the director of public works or the director's duly authorized representative. "Disabled paid parking exemption permit" means the same as defined in section 291-51, Hawai`i Revised Statutes. "Kailua Village" means the area in Kailua-Kona, as defined in section 25-7-1 of this Code. "Motor vehicle" or "vehicle" means every vehicle that is self-propelled, including vehicles propelled by electric power, but excluding electric bicycles that can reach a maximum speed of twenty-eight miles per hour or less. "Operator" means any person who conducts the operation of a paid parking facility, as defined by this article, or who, directly or through an agreement or arrangement with another party, collects payment for parking or storage of motor vehicles at such parking facility. This includes but is not limited to any reseller, facilitator, or aggregator that collects from patrons the charge or fee paid for parking or storage. This term does not include banks, credit card issuers, payment processors, or other persons whose involvement is limited to performing functions similar to those performed by such entities. "Paid parking facility" or "facility" means any private structure, building, enclosure, lot, premises, or plot of land where four or more motor vehicles may be parked, accommodated, or stored in exchange for the payment of a fee. This term does not include hotels or resorts. "Parking stall" or "stall" means a designated space that is visibly marked with painted lines for the parking of a motor vehicle in a paid parking facility. "Patron" means a person who causes a vehicle to be parked or stored in a paid parking facility. Section 6-_ Hourly parking rates; daily storage fees. (a) Any contrary provision of this section notwithstanding, no hourly rate shall be charged to any patron parking or storing a motor vehicle in a paid parking facility within Kailua Village for the first three consecutive hours. (b) Except as otherwise provided in this section, the hourly rate charged for parking a motor vehicle in a paid parking facility shall not exceed $2 per hour during the first twenty-four hours that the vehicle is parked at the facility. Parking at an hourly rate shall be made available during all hours of operation. (c) The fee charged for storing a vehicle in a paid parking facility shall not exceed $30 for the first twenty-four hours. If a vehicle is stored for longer than twenty-four hours, any portion of any subsequent day that storage continues shall be charged a flat daily fee of $30. Section 6-_ Registration; manner of registration; use of government -issued identification prohibited. (a) An operator may require, as a condition of parking or storing a vehicle, that a patron register such vehicle within fifteen minutes of parking or the commencement of storage. The manner of registration may be via an unattended pay station, mobile application, parking attendant, or a combination of the above, and may include obtaining information required for vehicle identification and payment of parking fees. (b) An operator is prohibited from requiring or requesting government -issued identification from a patron as a condition of parking or storing a vehicle. Section 6-_ Charge for failure to pay; form of notice. (a) An operator may impose a charge on any patron who fails to pay for parking or storing a vehicle, which shall not exceed $50 within any twenty -four-hour period. (b) Notice of a charge shall be given in the form of a payment notice on the windshield of the vehicle. The notice shall include the following information: (1) Date and time the payment notice was issued; (2) Description of the vehicle, including the vehicle's license plate number; (3) Reason the notice was issued and the amount of the charge; (4) Instructions for payment; (5) Address of the paid parking facility; (6) Contact information for the operator, including a valid mailing address; and (7) Instructions for an appeal process. Section 6- — Other charges and fees prohibited. An operator is prohibited from imposing any other charges or fees, except those charges or fees expressly permitted by this article. Section 6- Number of vehicles limited; manner of parking or storage. (a) No vehicle shall be accepted by an operator for parking or storage outside of marked parking stalls or in excess of the capacity of the paid parking facility. (b) Vehicles in a paid parking facility shall be parked or stored in such manner as to ensure the safety of persons and property and comply with any rules adopted by the director pursuant to this article. Section 6-_ Parking for persons with disabilities; higher rates prohibited; accessible payment method; parking charge waived. (a) All paid parking facilities shall provide the required number of parking stalls for persons with disabilities that is designed and constructed in compliance with the Americans with Disabilities Act of 1990, as amended, and is marked with a sign designating the parking space as reserved for persons with disabilities. (b) An operator shall not charge a higher rate for parking in a stall that is marked for use by persons with disabilities. (c) The manner of payment must be accessible to persons with disabilities. If a driver with a disabled paid parking exemption permit is unable to reach or operate an unattended pay station and no other method of payment is available, the parking charge shall be waived. Section 6-_ Posted signs required; charges not posted prohibited. (a) An operator shall conspicuously post signs, in compliance with chapter 3 of this Code, at each entrance to a paid parking facility setting forth the following: (1) Schedule of rates charged; (2) Any fees which are allowed under this article; (3) Hours of operation; (4) Towing charges; and (5) Name, address, and telephone number of the towing company where the vehicle will be towed and held, as required by section 290-11, Hawai`i Revised Statutes. (b) The director may require additional signage or the relocation of existing signage required by this article to ensure the public is provided sufficient notice. (c) An operator shall not charge rates or fees in excess of what is posted. Section 6- Vehicles left unattended; towing. Any vehicle left unattended in a paid parking facility without authorization of the operator may be towed away at the expense of the vehicle owner, as provided by section 290-11, Hawai`i Revised Statutes. Section 6- Rules. The director is authorized to adopt rules necessary for the purposes of this article, pursuant to chapter 91, Hawai`i Revised Statutes. Section 6- Violations. Failure to comply with any provision of this article or any rule adopted pursuant to this article shall constitute a violation of this article. Each individual act of noncompliance shall constitute a separate and distinct violation, and each day that a violation continues shall constitute a separate offense. Section 6- Administrative enforcement. (a) If the director determines that an operator is violating any provision of this article or any rule adopted pursuant to this article, the director shall have the operator served, by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director may also have a copy of the notice of violation and order posted at the paid parking facility. (b) The notice of violation shall include, at minimum, the following information: (1) Date of the notice; (2) Name and address of the operator noticed; (3) Section number of the provision, rule, or permit which has been violated; (4) Nature of the violation; and (5) Location, date, and time of the violation. (c) The order may require the operator to do any or all of the following: (1) Cease and desist from the violation; (2) Correct the violation at the operator's own expense before a date specified in the order, which date shall not be more than thirty days; and (3) Pay a civil fine of $1,000 for the first offense and a civil fine of not less than $2,000 nor more than $5,000 for each subsequent offense. (d) The order shall advise the operator that the order shall become final thirty days after the operator's receipt of the order, unless the director's decision is appealed to the board of appeals within the thirty -day period. (e) The provisions of the order issued by the director under this section shall become final thirty days after the receipt of the order, unless the director's action is appealed to the board of appeals as provided in this section. (f) Any operator adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the board of appeals. An appeal to the board of appeals shall stay the provisions of the director's order pending the final decision of the board. Ell (g) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine, recover County costs, or both, as imposed by said order, the director need only show that: (1) The notice of violation and order were served; (2) A civil fine, County costs, or both were imposed; (3) The amount of the civil fine, County costs, or both imposed; and (4) The fine, County costs, or both imposed have not been paid." 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 ninety days after its approval. , Hawai`i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: M EBENCE Cmnm. 742 INTRODUCED BY: l COUNCIt MENWER, COUNTY OF HAWAI`I 11III111111IB