HomeMy WebLinkAboutORD 2026-035 2024-2026 .,-,,,,,e.,,ef......
COUNTY OF HAWAI`I :'. 6` ,--',A. *- STATE OF HAWAI`I
BILL NO. 142
ORDINANCE NO. 26 35
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION,AS AMENDED),BY ADDING A NEW ARTICLE RELATING TO THE
ESTABLISHMENT OF AN ADOPT-A-COUNTY-STREET PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Findings and Purpose. The County of Hawai`i finds that maintaining clean
and safe County streets, roadways, and rights-of-way promote public health, environmental
stewardship, and community pride. Community groups have expressed strong interest in
assisting the County with litter removal and beautification efforts. The purpose of this ordinance
is to establish an Adopt-A-County-Street program, similar to the State Department of
Transportation's Adopt-A-Highway program,to enable volunteers to help maintain County street
segments in partnership with the Department of Public Works, which will also help to offset
County maintenance costs.
SECTION 2. Chapter 14 of the Hawai`i County Code 1983 (2016 Edition, as amended),
is amended by adding a new article to be appropriately designated and to read as follows:
"Article . Adopt-A-County-Street Program.
Section 14- Definitions.
As used in this article, unless the context requires otherwise:
"Adopted segment"means a designated portion of a County street, roadway, or
right-of-way that is approved by the director of public works for volunteer participants of
the Adopt-A-County-Street program to conduct eligible maintenance and beautification
activities.
"County street"means any public street, roadway, or right-of-way under the
jurisdiction, ownership, or maintenance responsibility of the County, excluding State
highways.
"Department" means the department of public works.
"Director"means the director of public works or the director's duly authorized
representative.
"Participant"means any individual, business, nonprofit, community group, school,
or other organization that enters into an agreement with the department of public works to
participate as a volunteer in the Adopt-A-County-Street program.
"Program" means the Adopt-A-County-Street program established by this article.
Section 14- Program established.
(a) There shall be an Adopt-A-County-Street program established within the
department.
(b) The department may designate segments of eligible County streets that may be
adopted by participants for maintenance and beautification activities.
(c) Participation in the program is voluntary and shall be formalized by a written
agreement between the department and the participant.
(d) Nothing in this article shall be construed to limit or restrict the department's ability
to continue or enter into informal maintenance or beautification partnerships with
any individual, business, nonprofit, community group, school, or other organization
outside of the program.
(e) Nothing in this article shall be construed to limit or restrict any individual from
volunteering to perform beautification activities within an adopted segment.
Section 14- Program application.
(a) The application shall be on a form prescribed by the director and shall include:
(1) Name and contact information of the individual, business, nonprofit, community
group, school, or other organization;
(2) Name and contact information of the designated coordinator responsible for
organizing activities and maintaining communication with the department;
(3) Proposed segment of the County street to be adopted;
(4) Estimated number of volunteers; and
(5) Proposed timeline for maintenance and beautification activities.
(b) Participants must submit an application annually to remain in the program.
Section 14- Eligible maintenance and beautification activities; participant
responsibilities.
(a) Eligible maintenance and beautification activities include but are not limited to:
(1) Litter collection and disposal;
(2) Trimming or removal of small vegetation within the right-of-way, as approved
by the director;
(3) Minor beautification, such as planting approved native plants; and
(4) Other activities approved by the director that support the maintenance and
safety of County streets.
(b) The participant shall:
(1) Report hazards, including potholes, illegal dumping, damaged signs, or unsafe
conditions;
(2) Conduct a minimum of four activities during the one-year enrollment, unless
otherwise approved by the director; and
(3) Comply with safety guidelines issued by the director, including required safety
briefings and use of protective equipment.
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Section 14- Department responsibilities.
The department shall:
(1) Provide participants with safety guidelines and briefings;
(2) Provide participants with safety equipment, including vests, gloves, and trash
bags;
(3) Coordinate the pickup and disposal of collected trash when needed;
(4) Provide a message board for safety;
(5) Maintain a list of adopted and available segments of County streets; and
(6) Oversee compliance with the program.
Section 14- Waiver of liability.
All participants shall execute an agreement to release the County of liability, which
shall:
(1) Acknowledge that work along County streets involve inherent risks and agree to
conduct all activities safely; and
(2) Indemnify, defend, and hold harmless the County against any claims of injuries
or damages incurred by volunteers, except as otherwise required by law.
Section 14- Termination.
(a) The director may terminate an agreement if a participant:
(1) Fails to perform the required activities;
(2) Engages in unsafe conduct; or
(3) Violates County instructions or applicable laws.
(b) The participant may voluntarily terminate the agreement with thirty days' written
notice.
Section 14- Reporting.
No later than March 31 of each year, the director shall submit an annual report to the
council providing:
(1) The location of all adopted segments active during the reported calendar year;
(2) The total number of adopted segments since the establishment of the program;
(3) The estimated cost savings to the County; and
(4) Any program updates and recommendations.
Section 14- Rules.
The director may adopt rules pursuant to chapter 91, Hawai`i Revised Statutes, as
may be necessary to implement this article. Nothing in this article shall be construed to
limit the department's existing authority to conduct street maintenance, cleanup
operations, or volunteer coordination independent of the program."
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 that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: April 8, 2026
Date of 1st Reading: April 8, 2026
Date of 2nd Reading: April 22, 2026
Effective Date: May 11, 2026
REFERENCE Comm. 772
I 1111011 I IllillU II II
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OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
Introduced By: Dr. Holeka Goro Inaba ROLL CALL VOTE
Date Introduced: April 8, 2026 AYES NOES ABS EX
First Reading: Apr i 1 8, 2026
Galimba X
Published: April 17, 2026
Hustace X
Inaba X
REMARKS' Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Onishi X
Villegas X
Second Reading: April 22 , 2026 9 0 0 0
To Mayor: May 6, 2026
Returned: May 11, 2026 ROLL CALL VOTE
Effective: May 11, 2026
AYES NOES ABS EX
Published: May 22, 2026
Galimba X
REMARKS: Hustace X
Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Onishi X
Villegas X
8 0 1 0
I DO HEREBY CERTIFY that the,foregoing BILL was adopted by the County Council published as
indicated above.
10/(4 COUNCIL CHAIRPERSON
Approver Disa roved this day
pp
of , 20 a"(49 . COUNTY CLERK
142
Bill No.:
MAYOR, COUNTY OF HAWAI`I C-772/PCPWMT-12
Reference:
Ord No.: 26 35