HomeMy WebLinkAboutORD 2002-139 2000-2002 COUleTTY O~ I~AWAI~T ~T~TE OF ~IAWAI`I
BILL NO. 27~
(Draft 2 )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, DIVISION 6, OF THE HAWAII
COUNTY CODE 1983 (1995 EDITION), RELATING TO PARKING FOR DISABLED
PERSONS.
BE 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parking permits for disabled persons is hereby repealed in its entirety.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. Parking 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 1 l ,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 1 1, 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 291 D, 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
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COL,~IL MEMBER, COUNTY OF HAWAII
Kona~,Hawai`i
Date of Introduction: November 20 _.2002
Date of 1st Reading: November 2 0, 2 0 0 2
Date of 2nd Reading December 18 , 2 0 0 2
Effective Date: December 26, 2002
3
2~c:E~veo
OFFICE OF THE COUNTY CLERK t'4rro~_./.Q..... _ y.~;,t.:.._.
County of Hawaii
Hilo ,Hawaii
ROLL CALL VOTE
Introduced By: James Arakaki AYES NOES ABS EX
Date Introduced: November 20, 2002 Arakaki X
First Reading: November 20, 2002 Chung X
Published: November 27, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
Kona
Second Reading: December 18, 2002 ROLL CALL VOTE
To Mayor: DPcernYJer ~N 2882 AYES NOES ABS EX
Returned: December 26, 2002 Arakaki X
Effective: December 26a 2002 Chung X
Published: January 10, 2003 Elarionoff X
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
7 0 2 0
I DO HEREBY CERTIFY that the, foregoing BILL wa.r adopted by the Coi.~nty C'nuncil published a,ti~
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
CIL CHAIRMAN
CORPORATION COUNSEL
COUNTY OF HAWAII
DEC 2 3 2002 couNTY ccERK
Date
BiIINo.: 278 (Draft 2)
Reference: C-797.1/PWIRC-62
pprove Disappro>>ed this ~ day
Ord No.:
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