HomeMy WebLinkAboutBIL 283 Draft 01 2006-2008 vv or
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 283
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, DIVISION 1,
SECTION 24-199 HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO ABANDONED SPECIAL MOBILE EQUIPMENT, VEHICLES,
TRAILERS, AND EQUIPMENT ON WHEELS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to preserve and protect the
quality of life, natural beauty, and rural character of our unique island community from adverse
impacts caused by abandoned special mobile equipment, vehicles, trailers, and equipment on
wheels.
SECTION 2. Chapter 24, article 8, division 1, section 24-199, Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 24-199. Abandoned special mobile equipment, vehicles, trailers, and
equipment on wheels prohibited; disposition.
(a) No person shall abandon any special mobile equipment, vehicle, trailer, or
equipment on wheels, whether operational or nonoperational, on the public
highway.
(b) For the purposes of this section, any special mobile equ~ment, vehicle,
trailer, or equipment on wheels, whether operational or nonoperational, left
unattended on any public or private street or thoroughfare which is subject to
this chapter for more than twenty-four hours shall be deemed abandoned and
may immediately be taken into custody by the police department. All such
vehicles are declared to be public nuisances.
(c) Such special mobile equipment, vehicles, trailers, or equipment on wheels
shall be disposed of as required by chapter 290, Hawaii Revised Statutes, as
amended.
(d) Where the registered owner of the abandoned special mobile equipment,
vehicle, trailer, or equipment on wheels can be located, the registered owner
of such special mobile equipment, vehicle, trailer, or equipment on wheels
shall be subject to a fine of [~5] $250 and all reasonable expenses incun•ed
by such removal.
(el The department of environmental management shall notify and provide an
accounting to the director of finance of the per incident total reasonable
expenses attributable to registered owners.
(f) The director of finance shall collect all related fines and expenses from the
registered owner at any time the registered owner (whether solely or jointly
owned) registers for vehicle registration or renewal. Related unpaid fines and
expenses shall be collected prior to any issuance or renewal of vehicle
registration or licenses.
(g) Fines and expenses shall be deposited to the County general fund.
(h) The director of environmental manaeement shall establish metrics to measure
the effectiveness, costs, and revenue of the County abandoned vehicle
program. This information shall be reported at semi-annual intervals to the
Hawaii County Council.
(il The provisions of this section shall not be interpreted to contravene the
provisions of 20-38."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. 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 that 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 5. This ordinance shall take effect upon its approval.
INTRODUCED BY: ~ ~
L~li
COUNCIL ME BER, COUNTY ' HAWAII
,Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
F~~ ~RF11C~: Comm: 1164
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