HomeMy WebLinkAboutCOM 0230.009 1996-1998 VV OF N
OJ~ IN'
IOHN RAY - VWi~•; Hilo Phone: (808) 9613265
Councilman Fax: (608)969-3291
a, o. Waimea Phone: (806) B85-5675
rare os"N~~~ Fax: (808) 885-7184
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street ~ F ~
Hilo, Hawaii 96720 gl,
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County Councl!--
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August 18, 1998
TO: Dominic Yagong, Chair
And Members of the Public Works and Parks Committee
FROM: John Ray n Q
Council Member J
RE: Bill No. 68, Draft 2
Traffic Regulation on Private Streets:
Agricultural and Ranching Roads Exemption
The State Legislature enabled the counties to impose and enforce traffic regulations and
place appropriate traffic control devices on specific categories of private roads.
However, in section 46-16, HRS, the Legislature exempted roads used primarily for
agriculture and ranching purposes from the County's authority.
Many of the roads in private subdivisions, which proponents of this state law hoped to
regulate, are in areas that have been zoned for agricultural use by the County Zoning
Code. To clarify that these streets are not automatically exempt from traffic regulation, I
would propose the addition of the following: (Proposed changes to Bill 68, draft 2 are
shown in bold type and ramseyered.)
SECTION 1. Chapter 24, article 1, section 24-2, Hawaii County Code 1983
(1995 edition), is amended to read as follows:
"Section 24-2. Scope and applicability of chapter and of Statewide Traffic Code.
(a) The provisions set forth in this chapter are to provide for the regulation of
traffic [upon the public streets of the county, such private streets,
highways and thoroughfares which have been continuously used by the
Ne. Z3o.0
IAIe No.
Aef. Tot PrP~,:r•e~ Pw
Pro. I)a!n
Public Works and Parks Committee
Page Two
general public for more than six (6) months, and designated by the
council, and such private properties which have been designated and
identified as a special parking stall for disabled persons pursuant to
Section 24-243.] in the County of Hawaii, upon the following:
The public streets of the county;
(2~ Such private streets, highways, and thoroughfares, [except private
streets used primarily for actual agricultural and ranching
purposes:
Which have been continuously used by the general public
for more than six (6) months, or
Which are intended for dedication to the public use as
provided in section 264-1, HRS, and are open for public
travel but have not yet been accepted by the county; and
Such private properties which have been designated and identified
as a special parking stall for disabled persons pursuant to section
24-243, Hawaii County Code.
Private streets, highways, and thoroughfares used primarily for actual
agricultural and ranching purposes shall be exempt from this chapter.
An agricultural zoning designation pursuant to the County Zoning
Code, in and of itself, shall not constitute a sufficient indication that a
street, highway, or thoroughfare is primarily used for actual
agricultural and ranching purposes.
(c) Pursuant to the authority delegated to the county by Act 173 of 1995, all
streets that have been used by the general public for a period of more than
six (6) months are hereby designated by the council to be subject to the
provisions of Chapter 291 C of the Hawaii Revised Statutes, known as the
"Statewide Traffic Code," and this chapter.
(d) The county shall not be responsible for the maintenance and repair of any
private street, highway, or thoroughfare when it imposes or enforces
traffic regulations and highway safety laws or places or permits to be
placed appropriate traffic control devices on that private street, highway,
or thoroughfare.
Public Works and Parks Committee
Page Three
(e) No adverse or prescriptive rights shall accrue to the general public when
the county imposes or enforces traffic regulations and highway safety laws
or places appropriate traffic control devices on any private street, highway,
or thoroughfare."
Your favorable consideration of this proposed addition to Bi1168, Draft 2 would be
appreciated.
cc: Chief Engineer
Chief of Police
Planning Director