HomeMy WebLinkAboutCOM 0374.002 1996-1998 4oJMTV of N~~.
„ ~~,);c Donna Pay K. Kiyosaki
Stephen K. Yamashiro ChieJEngincer
Mayor ~ Jiro A. Sumada
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ri.F u ~~,NJ Deputy Chief Engineer
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DEPARTMENT OF PUBLIC WOR~SU"' ' "
25 Aupuni Street, Room 202 • Hila, Hawaii 96720-4252
(SOR) 961-8321 • Fax (808) 961-8630
October 8, 1997
Memorandum
TO: DOMINIC YAGONG, CHAIR
COMMITTEE ON PUBLIC WORKS & PARKS
THRU: DONNA FAY K. KIYOSAKI, CHIEF ENGINEER
FROM: R. NISHIMURA, TRAFFIC DIVISION,p~'y~1
SUBJECT: BILL NO. 105 {Y/`~'~"
James Kealoha Park Access Road
Proposed No Pazking Zone
In July we requested that the subject bill be deferred until we obtained clarification of an
interpretation from the office of the Corporation Counsel.
Based on the attached September 25, 1997 letter from Corporation Counsel, the Department of
Parks and Recreation asked that we proceed with Bill No. 105 which would codify the pazking
prohibition in Chapter 24 of the County Code.
Request that the subject bill be placed on the next agenda of the Committee on Public Works &
Parks.
Mahalo!
Attachment
cc: George Yoshida, P&R Director
Traffic Division
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Stephen K. Yamashiro
Richard Wurdeman
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • Fax (808) 96I-8622
September 25, 1997
Mr. Richard Nishimura
Traffic Division
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Nishimura:
Re: May 29. 1997 Opinion Re az; reline Parkine ReQUlations
Relationship of §I 5-26 and §24-8
You have asked us to review our opinion of May 29, 1997 regarding the relationship of § 15-26
and §24-8, Hawaii County Code.
We have reviewed our opinion and still support the basic premise that the County Council would
need to take action to create no parking zones on public roadways. However, in situations where parking
areas are confined within county parks and not County roadways, then §15-26 may provide the authority
to create no parking areas. However, the specific authority creating the no parking area within a park
should still be codified by someone, whether it be the County Council through ordinance or by the
Director of Parks and Recreation through his rule-making authority.
Thus it is our opinion that the mere act of placing no parking signs along a roadway would not
create a valid no-parking zone which could be enforced in a court of law.
We also direct your attention to §290-11, Hawaii Revised Statutes, which provides for towing of
vehicles left unattended on private or public property with the proper signage. However even under this
law, it is our opinion that the discretionary function of where to create no-parking zones must still be done
and codified through some legislative or rule-making process and cannot be left to the discretion of the
parks department or the traffic division without any other authority.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
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Deputy Corporation Counsel
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