HomeMy WebLinkAboutBIL 162 Draft 01 2024-2026
AN ORDINANCE AMENDING CHAPTER 3 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PAID PARKING FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Findings and purpose. The purpose of this ordinance is to establish consumer protections by eliminating confusion related to parking rates established by operators of private
parking facilities within the County.
SECTION 2. Chapter 3 of the Hawaiʻi 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.
Section 3-__. Purpose.
The purpose of this article is to ensure that operators post clear notice of parking rates for the use of any privately-owned paid parking facility in the County. The posted parking
rates will help to ensure that the public has more equitable access to local businesses, community events, cultural gatherings, and recreational activities.
Section 3-__. Definitions.
As used in this article:
“Operator” means any person who conducts the operation of a paid parking facility 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 are parked or accommodated in
exchange for the payment of a fee. This term does not include hotels or resorts.
Section 3-__. Posted signs required.
(a) At each entrance of any paid parking facility, the operator shall conspicuously post signs, in compliance with this chapter, that set forth the following:
(1) Schedule of rates charged;
(2) Any additional fees;
(3) Hours of operation;
(4) Towing charges, including any associated fees; and
(5) Name, address, and telephone number of the towing company where the vehicle will be towed and held, as required by the Hawaiʻi Revised Statutes, section 290-11.
(b) The director may require additional signage or the relocation of existing signage as deemed necessary.”
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.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: