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Home My WebLink AboutORD 2002-057 2000-2002 COUNTY Off' II~VVAI`I ~T~TE O~ IIAWAI`I SILL NO. 188 OI~DINANCL NO. 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 8, division 4, subdivision 1, section 24-216, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-216. Deposit of coins; time limits. (a) No person shall park a vehicle in any parking space alongside of which a parking meter has been installed during the regulated time applicable to the parking meter zone in which the meter is located unless a coin or coins of United States currency of the appropriate denomination shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time[, or the person pays to the county a flat rate pursuant to Section 216.1]. (b) No person shall permit a vehicle within his control to be parked in any parking meter space during the regulated time applicable to the parking meter zone in which the meter is located while the parking meter for such space indicates by signal that the lawful parking time in the space has expired[, unless the person pays to the county a flat rate pursuant to Section 216.1]. This subsection shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in the meter. (c) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located, irrespective of the number or value of the coins 1 deposited in the meter[ and regardless of a whether a flat rate payment pursuant to Section 216.1 is made]. (d) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. SECTION 2. Chapter 24, article 8, division 4, subdivision 1, section 24-216.1, of the Hawaii County Code 1983 (1995 edition), is repealed: [Section 24-216.1. Flat rate payment option for parking meter zones. (a) Persons parking in areas regulated by parking meters may choose to pay to the County a flat rate of $10 in lieu of placing coins in the appropriate meter as specified in section 24-216. (b) Flat rate payments shall be submitted to the finance director within ten. working days of parking in a parking meter zone without having placed the required coins in the appropriate parking meter. (c) Payment of this flat rate does not exempt a vehicle from any other provision of this chapter prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (d) When required, failure to submit a flat rate payment as specified herein shall be a violation of this section. (e) The department of public works shall promulgate administrative rules to implement this section as needed.] SECTION 3. Chapter 24, article 8, division 4, subdivision 1, section 24-217, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-217. Fours of operation; exceptions. (a) The provisions of section[s] 24-216 [and 24-216.1] shall be in effect between the hours of 8:00 a.m. and 4:00 p.m. on each day, except Sundays and public holidays. (b) Whenever seventy-five consecutive days have passed without a traffic fatality in this County, the chief of police may dispense with the enforcement of section[s] 24-216 [and 24-216.1] for one full day, other than Saturday, such date to be designated by him and be given reasonable circulation throughout the County. 2 (c) The council may, by resolution, dispense with the enforcement of section[s] 24-216 [and 24-216.1 ] for a specified time, in any specified parking meter zone, to accommodate any special event, convention, parade, or other similar activity. SECTION 4. Chapter 24, article 8, division 4, subdivision 1, section 24-220, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-220. Collection, deposit, and application of proceeds. (a) It shall be the duty of the director of public works, or their designee by private contract or internal assignment, to make regular collections of the money deposited in the meters and it shall be the duty of the person so designated to remove from the parking meters coins deposited in the meters. Such person shall service the parking meters, count the coins from the parking meter, determine the value of the coins collected, and deposit the coins in a fund entitled "Parking Meter Fund" to be created and held by the department of finance. (b) The director of finance shall direct some member of his department to make periodic checks of the parking meters and collection procedure. (c) The coins required to be deposited in parking meters [and the money sent in to the County pursuant to section 24-216.1 ] are levied and assessed as fees to provide for the purchase, rental, acquisition, supervision, collection, use, protection, inspection, installation, operation, maintenance, control, and regulation of parking meters, of off-street parking spaces, of the parking of vehicles, and of other facilities and properties incidental to the regulation and control of traffic and in promoting the safety and well being of the public in handling of traffic upon the streets. [(d) The chief engineer, or their designee by private contract or internal assignment, shall collect and process moneys sent in to the County pursuant to section 24-216.1.] SECTION 5. Chapter 24, article 10, division 7, section 24-289, schedule 37 (36 minute parking meter zones), of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-289. Schedule 37.36 minute parking meter zones. Thirty-six minute parking meter zones are established upon those streets or portions of streets described in this schedule[,] upon which the parking of vehicles shall be regulated by parking 3 meters at the rate of one cent for every six minutes [or a flat rate for up to thirty-six minutes pursuant to section 24-216.01]: (a) Hamakua (b) North Hilo (c) South Hilo (1) Kekaulike Street, from Waianuenue Avenue to Wailuku Drive. (2) The makai side of Kino`ole Street, from Waianuenue Avenue to Wailuku Drive. (d) Ka'u (e) Kohala (f) Kona (g) Puna SECTION 6. Chapter 24, article 10, division 7, section 24-290, schedule 38 (one hour parking meter zones), of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-290. Schedule 38. One hour parking meter zones. One hour parking meter zones are established upon those streets or portions of streets described in this schedule[,] upon which the parking of vehicles shall be regulated by parking meters at the rate of ten cents per hour[ or a flat rate for up to one hour pursuant to section 24- 216.01 ] (a) Hamakua (b) North Hilo (c) South Hilo (d) Ka'u (e) Kohala (f) Kona (g) Puna SECTION 7. Chapter 24, article 10, division 7, section 24-291, schedule 39 (two hour parking meter zones), of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: 4 Section 24-291. Schedule 39. 2 hour parking meter zones. Two hour parking meter zones are established upon those streets or portions of streets described in this schedule upon which the parking of vehicles shall be regulated by parking meters at the rate often cents per hour[ or a flat rate for up to two hours pursuant to section 24-216.01 (a) Hamakua (b) North Hilo (c) South Hilo (d) Ka'u (e) Kohala (f) Kona (g) Puna SECTION 8. Chapter 24, article 10, division 7, section 24-292, schedule 40 (8 hour parking meter zones), of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 24-292. Schedule 40. 8 hour parking meter zones. The following areas are designated as maximum eight hour parking at the rate of five cents per hour[ or a flat rate for up to eight hours pursuant to section 24-216.01 ] (a) Hamakua (b) North Hilo (c) South Hilo (d) Ka'u (e) Kohala (f) Kona (g) Puna SECTION 9. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 10. 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. 5 SECTION 11. This ordinance shall take effect upon its approval. R DUCED BY: ~ ~ ~ ~ - ~ C~ ~ CO CIL MB ,COUNT OF HAWAI Hilo, Hawaii Date of Introduction: April 3, 2002 Date of 1st Reading: April 3, 2002 Date of 2nd Reading: April 17 , 2002 Effective Date: April 29 , 2002 s:\ord\traffic\delete flat rate pymt\2-02\Gtde.wpd RErER~f~l~: ~ocner,. 542 6 OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ROLL CALL VOTE Introduced By: Leningrad Elarionoff AYES NOES ABS EX Date Introduced: April 3, 2 0 0 2 Arakaki X First Reading: April 3, 2002 Chung X Published: April 14, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 0 1 0 Second Reading: April 17, 2002 ROLL CALL VOTE To Mayor: April 22, 2002 AYES NOES ABS EX Returned: Apri 1 29 , 2 0 0 2 Arakaki X Effective: April 29, 2002 Chung X Published: May 10 , 2 0 0 2 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X - 9 0 0 0 I DO HEREBY CERTIFY that the, foregoing BILL was adopted by the County Council published as indicated above. ~ i~' r , I APPROVED AS TO ~ ~v~ . FORM AND LEGALITY: ! A CO CIL CNA/R AN CORPORATION COUNSEL COUNTY OF HAWAII AP 1.2 2 ~ 2 COUNTY CLERK Date 188 Bill No.: ~l,L-, da Reference: C-542/PWIRC-43 Approve isapproved this y Ord No.: o n ( , 20 d z' 1 C~~ MA YOA~ (NTY OF HAWAII