HomeMy WebLinkAboutBIL 278 Draft 02 2000-2002 COLTI\T°I`Y O~ I~I~WI~I~I 'TA`I` O~ I-IA~1~I~I
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(Draft 2 )
OIZDINANC~ NO.
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, DIVISION 6, OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), RELATING TO PARKING FOR DISABLED
PERSONS.
~E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 24, Article 8, Division 6, of the Hawaii County Code relating to
parking permits for disabled persons is hereby repealed in its entirety.
SECTION 2. Chapter 24, Article 8, Hawaii County Code 1983 (1995 EDITION) is
amended by adding a new Division 6 to be appropriately numbered and to read as follows:
"Division 6. Parlcin~ For Persons With Disabilities.
Section Intent and Purpose.
The purpose of this division is to provide parking privileges for persons with
disabilities in accordance with the American Disabilities Act of 1990, P. L. 101-366 (42
U.S.C. Sections 12101 et.seq.), Chapter 291 of the Hawaii Revised Statutes (HRS), and
Hawaii Administrative Rules (HAR), Title 11, Chapter 219 as adopted by the State
Disability and Communication Access Board (DCAB).
Section .Definitions.
As used in this division, definitions for the following terms shall have the same
meanings specified in Chapter 291, Part III, HRS, or Title 11, Chapter 219, HAR:
"placard," "removable windshield placard," "certificate of disability," "enforcement
officer," "issuing agency," "parking permit," "person with a disability," "private entity,"
"special license plates," and "temporary removable windshield placard."
Section Issuing agency.
(a) The office of management is hereby authorized to act as the issuing agency for
removable windshield placards, special license plates and identification cards
pursuant to Chapter 291, Part III, HRS.
(b) The office of management shall follow procedures established in Title 11, Chapter
219, HAR, for processing and issuing permit applications and identification cards '
to persons with disabilities; replacing lost, stolen or mutilated parking permits;
renewing parking permits; and returning parking permits and identification cards.
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(c) Title 11, Chapter 219, HAR, shall be made available to the public at the office of
management.
Section .Parking privileges.
(a) Only a vehicle displaying a special license plate, a removable windshield placard,
or a temporary removable windshield placard may be parked in a public or private
parking space reserved for persons with disabilities.
(b) A vehicle displaying special license plates, a removable windshield placard, or a
temporary removable windshield placard may park:
(1) Without payment of any parking meter fees in a public metered parking
space reserved for persons with disabilities.
(2) Without payment of parking meter fees for the first two-and-a-half hours
or the maximum time the meter allows, whichever is longer, in a public
metered parking space.
Section .Fees.
(a) The office of management shall charge and collect the fee of $10.00 for
removable windshield placards, temporary removable windshield placards and
identification cards as established in Title 11, Chapter 219, HAR.
(b) The special license plate fees shall be the same as the regular license plate fees
and shall be collected by the office of management.
Section .Requirements; permit display, presentation of identification card and
nontransferability.
(a} The requirements governing the display of the permit and presentation of the
identification card, the nontransferability of placards and plates, and reciprocity
shall be the same as those set forth in Title 11, Chapter 219, HAR.
Section .Designation of parking spaces.
(a) The director of the department of public works is authorized to designate and
identify parking spaces for persons with disabilities in areas under the jurisdiction
of the County of Hawaii.
(b) Public and private entities required to comply with the American with Disabilities
Act of 1990, as amended, or otherwise desiring to designate parking stalls for
persons with disabilities, shall conform to specifications for signs and markings of
parking spaces as established in Title 11, Chapter 219, HAR.
Section .Violations and penalties.
(a) In accordance with Chapter 291, Part III, HRS, and Title 11, Chapter 219, HAR:
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(1) Any person who knowingly falsifies an application for a removable
windshield placard, temporary removable windshield placard, special
license plates, and identification card, or any renewal or replacement
thereof, shall be subject to suspension or revocation of the placard, special
license plates, or identification card.
(2) An unauthorized person using the removable windshield placard,
temporary removable windshield placard, or special license plates to
obtain the special parking privileges authorized under this section or
otherwise afforded by the state or counties, shall be guilty of a traffic
infraction and fined according to Chapter 291 D, HRS, and Title 11,
Chapter 219, HAR. The unauthorized use of disabled parking permits
shall also be subject to suspension or revocation of these permits.
(3) A person who uses a parking space reserved for persons with disabilities
without displaying a removable windshield placard, a temporary
removable windshield placard, or special license plates, shall be guilty of a
traffic infraction and fined according to Chapter 291 D, HRS, and Title 11,
Chapter 219, HAR.
(4) A person with a disability who refuses or fails to present an identification
card to an enforcement officer upon request, shall be guilty of a traffic
infraction and fined according to Chapter 291D, HRS, and Title 11,
Chapter 219, HAR."
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
y,C
COIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading
Effective Date:
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