HomeMy WebLinkAboutCOM 0230.002 1996-1998 OJN6Y OF M,~~
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DONALD IKEDA ~ ALAN S. KONISHI
County Clerk Deputy County Clerk
~rE OF~NP~
CONSTANCE R. KIRIU
T/-~ ~1-~gg /^r TTAT~p+V /'gyp ps p~ Legislative Auditor
®F~l l-E llL~ 1.®VlV 1 d LA..~i`011
County of Hawaii ~r.7
Hawaii Counhy Building ~
25 Aupuni Street C~ ^ -
Hilo, Hawaii 96720 -
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July 22, 1998
TO: Public Works and Parks Committee Chair Dominic Yagong `
and members of the Committee
c7.~.u.~ cl-~~..>-
FROM: Leslie Chow
Fiscal/Program Review Auditor
SUBJECT: Bill No. 68, D2 -Traffic Code Amendment Regarding the Placement and
Maintenance of Traffic Control Devices on Private Streets
BACKGROUND
On April 15, 1997, the Hawaii County Council's Public Works and Parks Committee asked the
Legislative Auditors Office to prepare a brief regarding the purpose and history of Bill No. 68.
This brief is submitted in response to that request.
The Committee also requested that Bill No. 68 be amended to:
1. Clarify that private street owners will be obligated to post and maintain traffic control
devices on their private streets only upon passage of an appropriate ordinance (See sec. 3
of Bi1168, D2 -sec. 24-9(a)(2));
2. Incorporate language from Act 173, passed by the Hawaii State Legislature in June 1995,
which provides that the County's consent to placement of traffic control devices on
private streets shall not be deemed to constitute control over these streets (See sec. 3 of
Bi1168, D2 -sec. 24-9(c)); and
3. Clarify that the County's consent to placement of traffic control devices on private streets
shall not be deemed to constitute an acceptance of maintenance responsibility or liability
for these streets (See sec. 1 -sec. 24-2(c)).
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JUL ~ 2 1998
Page Two
In addition to including these changes, the attached Draft 2 of the bill also incorporates language
changes that seek to promote: 1) conformity with sections 46-16 and chapter 291C, HRS; and
2) clarity in the law.
In June copies of the draft bill and brief were sent to Police Chief Wayne Carvalho, Prosecuting
Attorney Jay Kimura, Chief Engineer Donna Fay Kiyosaki, Corporation Counsel Richard
Wurdeman, and Planning Director Virginia Goldstein. The Police Chief, Prosecuting Attorney,
and Chief Engineer responded in writing, indicating that they had no objections to the draft bill.
(Copies of their comments are attached) Although the Corporation Counsel and Planning
Director did not submit written comments, Deputy Corporation Counsel Gerald Takase assisted
in the development of the draft and Planning Deparnnent staff offered comments and suggestions
to promote the clarity of the bill.
As a result of the comments received during the review period, a purpose section was added to
the bill to clarify the scope of this legislation.
PURPOSE
The purpose of this amendment is to authorize and require owners of private streets to place and
maintain official traffic control devices, signs, signals, and markings on their private streets upon
adoption of an appropriate ordinance by the Council.
HISTORY
In 1973 and again in 1988 and 1995, the State Legislature enacted changes to the law to enable
the counties to impose and enforce traffic regulations on private streets.
Categories of Streets Affected:
The Legislature's changes to the law, contained in section 46-16, HRS, amended the law
to allow the counties to impose and enforce traffic regulations and place appropriate
traffic control devices on:
1) Any private street, highway, or thoroughfare used continuously by the public for
at least six months;
2) Any private street, highway, or thoroughfare which is open for public travel and
intended for dedication to public use (per section 264-1, HRS), but has not yet
been accepted to the County.
Private roads used primarily for agriculture and ranching purposes were specifically
exempted from inclusion in these categories.
Page Three
Enforcement Actions Allowed:
Section 46-16, HRS, allows the counties to:
1) Impose and enforce traffic regulations and place appropriate traffic control
devices; and
2) Enforce chapters 286 (Highway Safety) and 291C (Statewide Traffic Code).
Maintenance, Prescriptive Rights, and Control:
Section 46-16, HRS, states that the imposition or enforcement of traffic regulations on
private streets shall neither result in county responsibility to repair such streets, nor shall
it result in any adverse or prescriptive rights accruing to the general public. Further, it
provides that county consent to placement of signs and markings shall not be deemed to
constitute control over the private street.
Legislative History:
Traffic regulation in the counties is the product of various state as well as county laws.
At the state level, repeated amendments to section 46-16 were required in order to
address and correct inconsistencies between key sections in the state law. For example,
while section 46-16, HRS, intended to enable enforcement of the traffic code on private
streets, section 291 C-21, HRS, limited application of the traffic code to publicly
maintained highways. (See November 17, 1994 Zetter from Judge Florendo to Beverly
Byouk-Attachment C)
Consequently, in 1995 the State Legislature passed additional amendments to
section 46-16, HRS, to rectify lingering implementation problems. During its
consideration of this issue, the House Judiciary Committee noted that:
"...The County of Hawaii has interpreted the existing laws as prohibiting
enforcement of the traffic code on private streets, roads, highways and
thoroughfares. Consequently, County of Hawaii law enforcement officers
do not enforce traffic regulations in private subdivisions.
Your Committee finds that HRS Secs. 46-16 and 291 C-21 should be harmonized
in order to clearly define the jurisdiction of law enforcement personnel to enforce
the traffic code. Your Committee emphasizes that the enforcement of traffic
regulations is limited to private streets, roads, highways, and thoroughfares which
are regularly used by the general public.
4
Page Four
Accordingly, this bill has been amended by crafting the substantive language in
HRS sec. 46-16 relating to traffic code enforcement on private streets, highways,
or thoroughfares into HRS sec. 291 C-21. For purposes of specificity, private
roads have also been included...."
(1995 House Journal, Standing Committee Report 847 relating to H.B. no. 1173.
See also: March 13, 1995 testimony of Richard Wurdeman to House Committee
on Transportation - Attachment D)
In response to the Legislature's actions in 1995, the County Council passed Ordinance
95-25 which amended the definitions of "highway" and "street" to include the private
roads made subject to regulation by section 46-16, HRS. The term "Highway" was
amended as follows:
"'Highway' means the width between the boundary lines of every way subject to
this Chapter [publicly maintained] when any part thereof is open to the use of the
public for vehicular travel."
The term "street" was amended similarly. (Note: These amendments were not included
in subsequent published drafts of the traffic code.)
Amendments
The amendments found in this draft 2 of Bi1168 include further efforts to clarify the
relevant county law to promote its implementation and consistency with state law. These
include:
1. Added exception re. streets used primarily for actual agricultural and ranching
purposes. Added term "actual" to clarify that this exception is intended to apply
to streets that are used for actual agricultural and ranching use rather than streets
that are primarily used for residential purposes but located within agricultural
zoned areas. (Sec. 1 ofbill -Amending sec. 24-2(a)(2), HCC -Source: sec. 46-
16, HRS)
2. Divided subsection into separate paragraphs, i.e. public streets, private streets, and
special parking stalls - to promote clarity.
(Sec. 1 ofbill -Amending sec. 24-2(a), HCC)
3. Added streets which are intended for dedication to the public use as provided in
sec. 264-1, HRS, and are open for public travel, but have not yet been accepted by
the County as a category of private streets, subject to regulation. (Sec. 1 ofbill -
Amendingsec. 24-2(a)(2)(b), HCC-Source: sec. 46-16(2), HRS)
e ~
Page Five
4. Added language stating that the County shall not be responsible for maintenance
and repair of private streets when it imposes traffic regulations. (Sec. 1 ofbill -
Amendingsec. 24-2(c), HCC -Source: sec. 46-16, HRS)
5. Added language stating that no adverse or prescriptive rights shall accrue to the
public when the county imposes traffic regulations. (Sec. 1 ofbill -Amending
sec. 24-2(d), HCC-Source.• sec. 46-16, HRS)
6. Amended definition of official traffic control device to include signs, etc. placed
or erected with consent of a public body. (Sec. 2 ofbill -Amending
sea 24-3(a)(20), HCC-Source: sec. 291 C, HRS)
7. Amended section relating to the installafion and maintenance of traffic control
devices by: establishing that chapter allows installation and maintenance of traffic
control devices on publicly maintained streets and privately owned and
maintained streets; adding section which authorizes and requires owners of
private streets to place traffic control devices etc; clarifying that private owners
will be obligated to post and maintain traffic control devices on their private
streets only upon passage of an appropriate ordinance. (Sec. 3 ofbill -Amending
sec. 24-9(a), HCC)
8. Added language stating that the County's consent to placement of traffic control
signs, etc. on private streets shall not constitute ownership or control over that
street. (Sec. 3 ofbill -Amending sec. 24-9(c), HCC)
9. Added language adding owner of private streets to section to clarify that it is their
duty to place and maintain signs on their streets. (Sec. 4 ofbill -Amending
sec. 24-142(a), HCC)
Council Action Regarding Private Subdivisions
Ordinance 95-25: Hawaiian Ocean View Estates
Section 24-149, HCC -established 25 mph speed limit in all
streets within Hawaii Ocean View Estates Subdivision.
Ordinance 96-39: Hawaiian Ocean View Estates
Identifies stop intersections and through streets in Hawaiian Ocean
View Estates in County Traffic Code, chapter 24.
Ordinance 96-145: Ainaloa
Establishes 15 and 25 mph speed limits and stop intersections
along designated streets in Ainaloa Subdivision.
Page Six
Bi11240: Fern Acres
Would establish 25 mph speed limits in Fern Acres.
Status: Pending before Council.
BILL 68, DRAFT 2 -AMENDMENTS
A copy of draft 2, which identifies and explains any amendments is attached. (Attach. A)
ATTACHMENTS
(A) Draft 2 -Annotated
(B) Comments on June 19, 1998 version of Draft bill
(C) Letter from Judge Florendo
(D) Testimony of Corporation Counsel, Richard Wurdeman
(E) Relevant County and State of Hawaii Laws
(F) Draft 2
APP
Connie Kiriu
Legislative Auditor
Attachments
AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO VEHICLES AND TRAFFIC.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 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 pazking stall for disabled
persons pursuant to Section 24-243.] in the County of Hawaii, upon the
following: [To promote clarity, divided subsection into separate paragraphs, i.e.
public streets; private streets; and special parking stalls.)
The public streets of the county;
Such private streets, highways, and thoroughfazes, except private streets
used primarily for actual agricultural and ranching purposes: [Added
exception re. streets used primarily for agricultural and ranching
purposes per sec. 46-16, HRS. Also modified by adding term "actual " to
clarify that this exemption pertains to roads in actual
agricultural/ranching use rather than roads used primarily for residential
purposes that are located within agricultural zoned districts.)
Which have been continuously used by the general public for more
than six (6) months: or
Which aze intended for dedication to the public use as provided in
section 264-1, HRS, and is open for public travel but have not yet
been accepted by the county; and [Added. Source: 46-16(2),
HRSJ
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. [No change: source: 24-2(a), HCCJ
(b) 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.
ATTACH. A
(Annotated Draft Bill)
p. 7
e p
~ 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. [Added. Source:
46-16(1), HRSJ
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." [Added. Source.• 46-16(1), HRSJ
SECTION 2. Chapter 24, article 1, section 24-3(a)(20), Hawaii County Code 1983 (1995
edition), is amended by amending the definition of "official traffic-control device" to read as
follows:
"(20) Official traffic-control device" means any sign, signal, marking or device not
inconsistent with this Code lap
ced or erected by authority of or with the consent
of a public body or official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic." [Source: Chapter 291 C, HRS -Statewide Traffic
Code)
SECTION 3. Chapter 24, article 2, section 24-9, Hawaii County Code 1983 (1995
edition), is amended to read as follows:
"Section 24-9. [Maintenance of signals by chief engineer.] Installation and
maintenance of traffic control devices.
(a) The provisions set forth in this chapter are to provide for the installation and
maintenance of traffic control devices upon the following categories of streets:
Publicly Maintained Streets
Subject to section 24-8, the chief engineer is authorized, and as to those
devices, signs, signals, and markings required for the purpose of traffic
control, it shall be [his] the chief engineer's duty to place and maintain or
cause to be placed and maintained all official traffic control devices, signs,
signals and markings[.] on publicly maintained streets.
[Amends by adding title, `publicly maintained streets "and by adding "on
publicly maintained streets" to end ofsentence.J
Privately Owned and Maintained Streets
The owner(s) of privately owned and maintained streets which are subject
to regulation pursuant to the provisions of section 24-2, are authorized and
ATTACH. A
(Annotated Draft Bill)
p. 8
e o
required to place and maintain or cause to be placed and maintained all
official traffic control devices, signs, signals and markings on their streets,
upon adoption of an ordinance pursuant to section 24-8.
[New section added to clarify that private street owners are required to
place traffic control devices, etc. upon adoption of an amendment to
chapter 24, HCC, relating to vehicles and traffic.)
(b) All devices, signs, signals and markings required for the purpose of traffic control
shall be uniform as to type and location throughout the County.
~ County consent to the placement of traffic control signs or markings on a private
street shall not be deemed to constitute ownership or control over that street."
[Source: Section 46-16, HRS. Amended by adding term "ownership " to promote
consistency with 22-53, HCC.J
SECTION 4. Chapter 24, article 7, division 1, section 24-142, Hawaii County Code 1983
(1995 edition), is amended to read as follows:
"Section 24-142. Signs required at through streets.
(a) Whenever any ordinance or law of this County designates and describes a through
street or stop intersection, it shall be the duty of the County and/or chief engineer
or owner(s) of private streets to place and maintain stop and/or yield signs on each
and every street intersecting such through street and at every stop intersection
unless traffic at any such intersection is controlled at all times by traffic-controlled
signals. The highway safety council may recommend when yield signs maybe
substituted for stop signs. [Added language pertaining to owners of
private
streets to clarify that it is their duty to place and maintain signs on their streets.)
(b) The streets as described in schedule 14, section 24-266 are established and
designated as through streets."
SECTION 5. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
ATTACH. A
(Annotated Draft, Bill)
p. 9
a n
SECTION 6. 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 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
ATTACH. A
(Annotated Draft Bill)
p. 10
a
~ytv or pew; . -
DONALD IKEDA ALAN S. KONISHI
County Clerk s~=~;_.-~' ~
~ Dc7+uty County Clerk
at1
E=F=F~~
CONSTANCE R. KIRIU
Legislative Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
June 19, 1998
TO: Wayne Carvalho, Police Chief
Jay Kimura, Prosecuting Attorney
Donna Fay Kiyosaki, Chief Engineer
Richard Wurdeman, Corporation Counsel
Ch-~~
FROM: Leslie Chow, Fiscal/~Pr~ogram Review Auditor
THROUGH: Connie Kiriu, L~ Isl'ative Auditor
SUBJECT: Traffic Code Amendment re. the Placement and Maintenance
of Traffic Control Devices on Private Streets -Bill No. 68, D.2
The Legislative Auditor's Office was asked to amend Bill No. 68 re. the placement and
maintenance of traffic control devices on private streets and to provide the council with a brief
regarding the history and purpose of this measure.
Because of your interest in this matter we are submitting copies of our draft bill and brief to you
for your information and review. We would greatly appreciate any written comments or
suggestions you may have regarding how the bill or brief might be improved. Please return your
comments or suggestions to us by July 1, 1998.
We have attached copies of Bill No. 68 and our draft bill and brief. If you have any questions,
please contact Connie Kiriu at 961-8386.
cc: Council Member Dominic Yagong '
Richard Nishimura, DPW Traffic
Gerald Takase, Deputy Corporation Counsel
ATTACH. B
(Comments),
p. 11
° p
OJN O ~
~ Wayne G. Carvalho
yGr;~.,
Stephen K. Yamashiro ' Pulice Chief
Mnyw
~:j- _ James S. Correa
"z .'•°~:i~~ Dtputy Police Chief
r~~~
(t~auztfg u~ ~tt~uttii
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawaii 96720-3998
(BU8) 935-3311 Fax (eU8) 961-2702
June 30, 1998
TO CONNIE KIRIU, LEGISLATIVE AUDITOR
ATTN. LESLIE CHOW, FISCAL/PROGRAM REVIEW AUDITOR
FROM ~ G. CARVALHO, POLICE CHIEF
SUBJECT: TRAFFIC CODE AMENDMENT - RE: THE PLACEMENT AND
MAINTENANCE OF TRAFFIC CONTROL DEVICES ON PRIVATE
STREETS--BILL NO. 68,D.2
Staff has reviewed the above proposed traffic code amendment
and brief.
We support Bill No. 68,D.2, to authorize and require owners of
private streets to place and maintain official traffic control
devices, signs, signals, and markings on private streets which
will be beneficial to the community. The amendment will
clarify the law and furthers the promotion of public safety.
Should you have any further questions regarding this matter,
please contact Lieutenant Ernest Correia of our Traffic
Services Section at 961-2225.
EEC:wlc
cc: Chief Engineer Donna Fay K. Kiyosaki
Traffic Division Chief Richard Nishimura
Deputy Corporation Counsel Gerald Takase
Council Member Dominic Yagong
ATTACH. B
(Comments)
p° 12
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JAY 7. KIMURA - s+cr 96 RAINBOW DRNE
FROSEG~-rINGATTORnEV ~+.~>:~•'.yw Hao.HAWUI a672o
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PH. 96~-0666
CNA.RLENE Y. 160. H1 ~ F~484Zi5B
FIRST OEPUTV ~ 961-2590
PgOSECU?INp ATTORNEY = ;
5. ~ / WEST H4WAIi UNIT
t P.O. ROX 766
?he•e._r>!i KEALAKEKUA, ltAWAll 96750
PH. 322-2552
OFFICE QF TWA PRQSHCUTING ATTORNEY FAX: 322-6586
July 1,1995
Td: Leslie Chow
Fis//c'al~~/,_P_rogram Review Auditor
FROM: rFamura
Pros cutmg Attorney
itE: Tr ffic ~3e A,yr~en' 1Frtt.S~ Fla eme t and~int~nce
Of Traffic Control Dpdrees on Private ~tteets -Bill No. 65. D.2
291C 46-1
I support the intent of Bill 68, L73, which amends Chapter 24 since it supports
the intent l~f Act 173, 1995 Hax*au Session Laws- Your brief regazding the history of
the enfora~ment of HRS 2910 on private subdivision roads is thorough and I have
no other comments. While tfie placement of "official" traffic markings is addressed
by Bill 68, the enforcement of violations are of concern because of limited resources.
J'I'K:ph
ATTACH. B
(Comments)
p. 13
OV~t
U . - a
i
~yi,},j Donna Fay K. Kiyosaki
•
Stephen K. Yamasltiro Clricf Errgiarer
Ma or
Y Y~~:t Jiro A. Sumada
e'+i "F Dr ut Clrie Eu inter
e oi'My h H / S
ILOiIItt~ D{ ~?XE1TitCtt
DEPARTMENT OF PUBLIC WORKS
25 Aupwri Socet, Room 202 • Kilo, Hawaii 96720-4252
(808)961-8321 • Fax (808)961-8630
July I, 1998
Memoran~fum
TO: Leslie Chow, Fiscal/Program Review Auditor
THRU: Connie Kirin, Legislative Auditor : ~ ,
FROM: Donna Fay K. Kiyosaki, Chief Enginee~ I /
SUBJECT: Traffic Code Amendment re. the Placement and Maintenance
Of Traffic Control Devices on Private Streets -Bill 68. D.2
Thank you for the opportunity to review and comment on the subject traffic code amendment.
The proposed amendment adequately addresses our concerns, as it clarifies that the owner of the
private street, and not the County of Hawaii, is responsible for placing and maintaining traffic
control devices on their private street.
After this amendment is adopted, we plan to submit a traffic code amendment that will separate
the private street schedules from the public street schedules to clearly differentiate the ownership
and control of the various streets.
Thank you for the comprehensive research and work you did in finalizing this amendment.
ATTACH. B
(Comments)
p" 14
;',~~~-r~•`y,_~~~ DISTRICT COURT uF THE THIRD CIRCUIT R ~ { ~ ~
~ .FA~a_'1<`d11~ v- n:, C....~ nrr:.... o.... o v.... ~,.l.eb. un aa?r-.n ~ TnIe~L.nno tAna~ 799-~J(177
' ~~-t'l.
CFl iG- r GLEci„~b,,,,r
' JUDOEJOSEP.H P. ORENDO,JR.
COIF?1TY Or n.;~~t~ft
November 17, 1994
Post-1t° brand fax transmittal memo 7671 k °t v"9°t ~
Ms. Beverly Byouk T°
P.O. Box 6249
Ocean View, HI 96737 an°A. ~,~.T~,S'
Dept. -,~'D ~
Fex M
RE: Letter of October 26, 1994 t~ - F,><p
AA Q~Q~!_'C
q--.____-_____~-~ .
Dear Ms. Byouk:
Thank you for your letter of October 26, 1994. I am unfamiliar with the incident
that you describe in your letter, and I am constrained by ethical considerations
from commenting on that incident in the event that I may have to preside over any
related Litigation.
However, with the significant exception of the offense of Driving Under the
Influence, traffic laws apply only to activities that occur on the "highways" of the
State of Hawaii. The. word "highway" is defined as "the entire width between the
boundary lines of of every way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel." HRS § 291C-1. See also
HRS § 286-2, and § 24-3(13) Hawaii County Code. Thus, in order for traffic laws
to apply to the roads of Hawaiian Ocean View Estates, the wunty or state of
Hawaii would have to maitttain the roads, or the definition of "highway" must be
amended to include private roads.
If you have further questions or concerns, you may contact the Office of the Pro-
secuting Attorney, and/or your representative, senator, and cottncilperson. Good
luck in you endeavor.
Sincerely,
JOSEPH P. FLORENDO, JR. -
Judge
ATTACH. C
(Judge Florendo Letter)
p' 1 y ~~rCCrlsr Frain
comm. No, lof3
KeBkealani Building, Room 219 ~ Kealakekua, Kona, Hawaii 'ro ~ I•!Sr pvJG
qt{• Dkte: lz/zz~94
ti
This page intentionally left blank
p. 16
_ " „ Post-its' Fax Note 7671 oats 5~~ pages V
~,r a! „y ro - C/G ~ ~)p,% From ~E~~~~.
CoJDePI Co.
Srephcn I Yamashiro
Phone #
A np~r Pnons #
~.a.~'~i Faxq ri'S j~ Farz#
C/ ~
l~nuiTf~ of ~~t~vtttt
OFFICE OF Tt}E CORPORATION COUNSEL
101 Aupuni $tatt, Suito 325 Hilo, Ha.+i: 0672QQ62 1808) 961.8251 Eax (808) 96970/9
13 March 1995
Fionorab?.e Kenneth T. Hiraki
Chair elnd Members
C:ommittc:e on Transportation
State House of Representativos
235 Soui:h Seretania, Suite 1007
Honoluli2, Hawaii 96613
Dear Re}3resentative Hiraki and Members:
Hawaii <:ounty has perhaps the lamest and most numerous private
subdivilsions in the State. Tn such tracts as Paradise Park and
Ocean View Estates, the main roads run far several miles, from
the publicly maintained highway to the end pf the subdivision.
Although Act 35$ of 1968, now FIRS Sec. 46-16, indicated the
Legislai_ure's intent to extend traffic regulations to such
roads, i_wo problems have arisen which have thwarted enforcement.
First, l5ome District Court judges have painted to the unchanged
languagta of Chapter 291C, the Statewide Traffio Code, and
despite the apparently controlling language of Sec. 46-16, have
found t]iat they lacked jurisdiction to adjudicate traffic
citatio:ls issued on these private roads.
Second, the prohibition on the private placement of traffic
:,ontrol devices has frustrated efforts by subdivision
associations to control intersections, within their subdivisions.
One deterrent to greater caunty involvement in controlling
traffic irx these areas, has been the fear of possible exposure
to liti~lation an these often less than top standard roads. For
this reason, language has been added to make clear that caunty
consent to the placement of traffic control shall not be
construad as county ^control" of those streets.
ATTACH. D
(Richard Wurdeman Testimony)
p 17
~I
,,~u. A.~e .~~i 1 Jai A.~b-.~. h~j i. iil.r.~LL I~il I1~ '
,i Honorable Kenne Hiraki
' 13 MarGY., 1995
Page 2
For the<.:e reasons, we ~9¢ Your favorable action an SB 567,
Sp1. Tk~ank you for affording cue with the opportunity to present
my view::.
Sincerely,
x n. wvx~~u+x
Corporation Counsel
RDW:budJ1166L
ATTACH. D
(Richard Wurdeman Testimony)
p. 18
a
ATTACHMENT E
Relevant County and State of Hawaii Laws
County Laws
Sec. 22-53, HCC -Streets and Sidewalks: Conditions for temporary maintenance of
private roads by County.
Discusses conditions under which County may participate in the maintenance of
private
roads. Explicitly states that the continuing maintenance of
private roads is not
sanctioned by this division. Provides that any act of maintenance by the County shall not
be construed as an act of ownership or control of a road.
Sec. 24-2, HCC -Hawaii County Traffic Code: Scope and applicability of chapter and of
Statewide Traffic Code.
Provides that the provisions contained in this chapter shall also apply to private streets,
highways and thoroughfares that have been continuously used by the public for more
than six months and designated by the council. Also designates all streets that have been
used by the general public for a period of more than six months to be subject to the
provisions of chapter 291 C, HRS, the "Statewide Traffic Code" and this chapter.
Sec. 24-3, HCC -Hawaii County Traffic Code: Definitions.
Contains definitions of terms including.• "Highway, " "Official Traff c Control Device; "
and "Street. "
Sec. 24-8, HCC -Hawaii County Traffic Code: Council to exercise
certain functions by ordinance.
Provides that the Council shall by ordinance determine and designate the type of all
official traffic control devices and create or alter all speed zones, safety zones, prohibited
left and right turns, etc.
Sec. 24-9, HCC -Hawaii County Traffic Code: Maintenance of signals by chief
engineer and district engineer.
Authorizes and imposes duty upon Chief Engineer to place and maintain all official
traffic control devices, signs, signals and markings. Provides that all devices, signs,
signals and markings required for the purpose of traffic control shall be uniform as to
type and location throughout the County.
Sec. 24-12, HCC -Hawaii County Traffic Code: Duty of police to enforce traffic laws.
Provides that it shall be the duty of the county police officers to enforce all street traffic
laws of the County and all of the State vehicle laws applicable to street traffic in this
County.
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Relevant County and State of Hawaii Laws -Page Two
State Laws
Chapter 46, HRS -General Provisions relating to Counties
Contains sec. 46-16, HRS, relating to traffic regulation and control over private streets.
Chapter 264, HRS -Highways
Contains sec. 264-1 (a) which defines what roadways shall be deemed to be public
highways. Also contains sec. 264-1(c)(2) which provides that surrender ofpublic
highways shall be deemed to have taken place if owner exercises no act of ownership
within five years and if county highway, council adopts roadway as county highway or
trail.
Chapter 265A, HRS -County Highways and Sidewalks
Contains sec. 265A-1, HRS, relating to County maintenance and repair of county
highways, bikeways, sidewalks.
Chapter 286, HRS -Highway Safety
Contains sections relating to: vehicle registration, driver licensing, transportation of
hazardous waste, administrative revocation of drivers licenses, etc.
Chapter 291, HRS -Traffic Violations
Contains sections relating to.• operation of vehicles, including provisions regulating
reckless driving and driving while intoxicated, equipment; and parking for disabled
persons.
Chapter 291 C, HRS -Statewide Traffic Code
Contains general provisions regulating traffic upon highways and elsewhere, as
specified, in the State of Hawaii. Definitions of "highways" and "streets" contained in
this chapter formerly included only publicly maintained ways. These definitions were
recently expanded to include private streets, as defined in section 46-16, when any part is
open to the public for purposes of vehicular travel.
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