HomeMy WebLinkAboutCOM 0230.000 1996-1998 „_y...
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v Donna Fay K. Kiyosaki
Stephen K. Yanushiro Chief Engineer
Mnyor a t-~ Jiro A. Sumada
9Te'OF~N~`~ Cl ~I'.; i ~epudj Chief Engineer
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DEPARTMENT OF PUBLI~yC~F HAWAII
25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252
(808)961-8321 • Fax (808) 961-8630
March 27, 1997
HONORABLE CHAIRMAN AND MEMBERS
HAWAII COUNTY COUNCIL
HAWAII COUNTY BUILDING
HILO HI 96720
SUBJECT: TRAFFIC CODE AMENDMENT -ACT 173
Act 173 of 1995 clarified that the counties by ordinance may extend the Statewide Traffic Code to certain private
streets. The owners of the private roads are responsible for placing and maintaining all official traffic control
devices on these private streets after an ordinance is adopted by the County. The attached amendment to the
County Traffic Code authorizes the owner(s) of the private roads to place and maintain official traffic control
devices on their private roads.
Under separate cover, we aze transmitting the proposed ordinance to the Public Works Committee Chair for
introduction.
We ask for your review and consideration for adoption of the subject amendment. Should you have any questions,
please contact Richard Nishimura, Traffic Division Chief, at 961-8341.
" APPROVED:
~NNA FAY K. KIYOSAKJ, P.E.
Chief Engineer ~
_
PHEN I'. AMASHIRO
RHN/EU Mayor
Attachment
cc: TRF.
Public Works Committee Chair (w/attach.)
Chief of Police ~ ~31~
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Stephen K. Yamashiro ,c Richard Wurdeman
Mayor Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL ' -
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622
October 8, 1998
TO: County Clerk
FROM: Frederick Giannini, Deputy Corporation Counsel C
RE: Validity of Ordinance No. 98-97 Amending Chapter 24 of the County
Code, Relating to Vehicles
This is in response to your questions about the validity of the above-noted
ordinance. The bill went through its first reading on September 2, 1998, and its second
reading on September 16, 1998. In both instances, it passed by a vote of eight "ayes", no
"nays" and one abstention. The bill was approved as to form and legality by the Office of
Corporation Counsel on September 18, 1998, the same date on which it was referred to
the Mayor for approval. The Mayor approved it on September 25, 1998, and it was
published on October 2, 1998. As you have explained, after the bill was passed, the
ordinance was reprinted with two errors: first, the bill, which consisted of four pages, was
improperly numbered, with the last page being numbered "5" instead of the correct "4";
and second, the sections in the ordinance were not properly sequenced and numbered,
with the seven sections making up the bill being numbered 1,2,3,4,5,6, and 8. It is our
conclusion that these errors are not fatal defects and do not cause the bill to be defective
in any way.
The validity of an ordinance is dependant on its being passed pursuant to the
charter. In the case of Ordinance 98-97, the requirements of sections 3-8 and 3-10 of the
charter were met. All portions of the bill which make substantive changes to the code
were reprinted correctly. 'The errors in the bill are all in non-substantive-parts which are
not going to be reprinted as part of the code. Hawaii County Code §2-153, concerning
the revision of ordinances and the supplementation of the code, empowers the Office of
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Memo to County Clerk
Page -2-
October 8, 1998
the Corporation Counsel to make changes to the code, including rearranging sections,
renumbering sections, and correcting "manifest clerical or typographical errors."
Consequently, the approval of the Corporation Counsel's office as to form and legality is
valid.
Please contact this office if there are any questions.
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