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HomeMy WebLinkAboutBIL 304 Draft 01 2006-2008 4~-~~t!!^GS h~ COUNTY OF HAWAII STATE OF HAWAII 7th OF BILL NO. 304 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24, ARTICLES 5 AND 6, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INSPECTIONS OF VEHICLES AND EQUIPMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Due to the transfer of the driver licensing and vehicle inspection functions from the Hawaii Count Police Department to the Department of Finance, the following amendments to Chapter 24 of the Hawaii County Code are necessary. SECTION 2. Section 24-23, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-23. [ ] Department of finance to inspect vehicles. The [p ] department of finance is designated as the County department having the responsibility for administering the periodic vehicle inspection program. SECTION 3. Section 24-25(a), Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-25. Cost of inspection stickers; fee for certificate of inspection. (a) The [tm1=^~~~~-] department of finance shall charge and collect from each operator of an official inspection station the sum of 20 cents for each vehicle inspection sticker denoting the month of expiration and the sum of 20 cents for each vehicle inspection sticker denoting the year of expiration. SECTION 4. Section 24-26, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows Section 24-26. Designation of inspection stations; permit required; application; bond. (a) The [chief owe] director of finance shall issue permits for and furnish instructions and all forms to official inspection stations for the inspection 1 and adjustment of brakes, wheel alignment, lighting equipment, steering mechanism, horns, mirrors, windshield wipers, and other equipment of motor vehicles, trailers, and semitrailers. (b) Application for the permit shall be made upon an official form and shall be granted only when the [ehief ef --°l] director of finance is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments. Before issuing a permit, the [clie€ 0 pe}iee] director of finance may require the applicant to file a bond to make compensation for any damage to a vehicle during inspection due to negligence on the part of such applicant or the applicant's employees. (c) No permit for an official inspection station shall be issued to a station without the following equipment: Headlight testing machine and a wheel alignment gauge or tester as approved by the [chief of pelf director of finance. SECTION 5. Section 24-27, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-27. Inspection of inspection stations; permit revocation. The [ehief ef p] director of finance shall supervise and cause inspections to be made of inspection stations and shall revoke and require the surrender of the permit issued to a station which the [ehi°f of peek°] director of finance finds is not properly equipped or conducted. SECTION 6. Section 24-29, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-29. Safety inspectors; certificates of inspection and approval; safety stickers; inspection reports. (a) No person may conduct motor vehicle safety inspections unless such person is first certified as a safety inspector by the [chief pokc-] director of finance. (b) A safety inspector shall not issue a certificate of inspection and approval to the owner of an inspected vehicle, and shall not affix an official safety sticker to an inspected vehicle, unless, after inspecting the vehicle pursuant to the rules and regulations of the State director of transportation, the safety inspector determines that the vehicle's equipment is in good working condition and proper adjustment and the vehicle is in safe operating condition. (c) A report of each inspection conducted shall be made to the [ehie€-ef pehee] director of finance pursuant to the rules and regulations promulgated by the State director of transportation. 2 SECTION 7. Section 24-30, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-30. Representation as official inspection station; permit necessary. (a) No person shall in any manner represent any place as an official inspection station unless such place is operating under a valid permit issued by the [ehiefof pelf director of finance. (b) No person other than a person operating an inspection station under a valid permit shall issue a certificate of inspection and approval. SECTION 8. Section 24-99, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-99. Brakes on motor-driven cycles. (a) The [chief-ef pel e] director of finance is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which the [ehief-0 peliee] director of finance finds will not comply with the performance ability standard set forth in section 24-97 or which in the [ehief-o€ peliee's] director of finance's opinion is equipped with a braking system that is not so designed or constructed as to insure reasonable and reliable performance in actual use. (b) No person shall operate on any highway any vehicle referred to in this section in the event the [c#i f of paliee] director of finance has disapproved the braking system upon such vehicle. SECTION 9. Section 24-102, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-102. Windshields; visibility unobstructed; stickers. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver's clear view of the highway or any intersecting highway. (b) Posters or stickers approved by the [chief of p^director of finance shall be placed at the lower right-hand corner of the front windshield of a left-hand driven motor vehicle or at the lower left-hand corner of the front windshield of a right-hand driven motor vehicle. However, such posters or stickers so placed shall not cover an area greater than four inches by six inches, except for nonresidence permits or for military requirements, in which cases an additional area of four and one-half inches by six inches may be used. Furthermore, a poster or sticker of any size may be placed upon the front windshield if it is shown to the satisfaction of the [ehief of 3 i peliee] director of finance that such placement will not obstruct the driver's clear view. (c) No person shall drive any motor vehicle with any nontransparent material or object suspended within the windshield area as viewed from the driver's seat, except rear view mirrors nor shall any person drive any motor vehicle upon the hood or radiator of which is attached any fixture or ornament of any material which vibrates, swings, or flutters within view of the driver of the vehicle. SECTION 10. Section 24-104, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 24-104. Windshields, fenders, and bumpers required; exception. (a) Every motor vehicle upon a highway, excepting a motorcycle or motor scooter, shall be equipped with a windshield and front and rear bumpers. (b) Every motor vehicle upon a highway shall be equipped with fenders for all wheels. (c) Where the type of vehicle and the usage of the vehicle make the foregoing equipment impractical, such equipment may be eliminated upon approval of the [ehief of peli director of finance. SECTION 11. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 12. 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 13. This ordinance shall take effect upon its approval. IN DUCED BY: COUNCIL MEMBER TY HAWAII ~ t Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: r-r 1224 4