HomeMy WebLinkAboutCOM 1164.001 2006-2008
K. Angel Pila o Phone No.: (808) 327-3642
Council Vice Chair Fax No.: (808) 329-4786
Council Member, District 8 E-Mail: kapilago@co.hawaii.hi.us
Tj Oi•?A
HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
u
75-5706 Hanama Place, Suite 109 cX20
Kailua-Kona, Hawaii 96740 r ^
DATE: May 2, 2008`
TO: Pete Hoffmann, Council Chair -ti
and Members of the Hawaii County Council
FROM: K. Angel Pilago, Council Member
RE: Proposed amendment to Bill 283 (Relating to Abandoned Special Mobile
Equipment, Vehicles, Trailers and Equipment on Wheels).
Transmitted herewith is a proposed amendment to Bill 283, that relates to abandoned special
mobile equipment, vehicles, trailers, and equipment on wheels. This amendment would remove
subsections (e), (f), (g), and (h), that draft 1 of the bill added to the section. The remaining
subsection (i) would then be redesignated subsection (e).
This proposed amendment is the result of further discussions with the Office of the Corporation
Council and the Office of the Prosecuting Attorney. For your information, subsections (e)
through (h), read as follows:
"[(e) The depaAment of enviremnental management shall nefify and pfevide an
d expensaw-ibtitable to sto ed
(f) The difeeter- of fifianee shall eelleet all related fines and expenses ffofn the
registered ownef at an), time the registered owner- (whether- selely o
jointly owned) registers for- vehiele r-egistr atie~l-(fir-=ei~el~ a!. Related
wipaid fines and eKpenses shall be eelleeted prior- to any
(g) Fines and expenses shall be deposited to the Count), general fiand
`IIJ III GIIIVVtVf VitiIIP II e
fneastir-e the effeetiveness, eests, and revenue of the County abande
vehie-le fre
ipAen,als to the 14awai'i County
A version of the bill that incorporates the proposed amendments is attached.
KAPJmd (sl) / C
Comm. No.
Att.
Ref. To: Ff6seNPGd PPJXG
Ref. Date MAY
Hawai `i County Is An Equal Opportunity Provider And Employer
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 equipment, 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, Hawai'i 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 [$2-5] $250 and all reasonable expenses
incurred by such removal.
(e) 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:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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