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Home My WebLink AboutBIL 066 Draft 02 2008-2010COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 66 (DRAFT 2) AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 24, article 7, division 3, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "SECTION 24- Use of mobile electronic devices while operatine a vehicle. (a) As used in this section, unless the context clearly requires otherwise: "Emergency responders" include fire fighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers. "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messagin¢ device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. "Operate a motor vehicle" means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. "Use or using" means holding a mobile electronic device while operating a motor vehicle." (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with ahands-free device. Any person convicted of violating this subsection shall be subject to a maximum fine of $150. (c) Whoever operates any vehicle while using a mobile electronic device. unless used with ahands-free device, in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property shall be fined not more than $500. (d) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this ordinance. e) The followine persons shall be exempt from the provisions of subsections (b) and (c): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties: (2) Drivers using two-way radios while in the performance and scope of their work-related duties; and (3) Drivers holding a valid amateur radio operator license issued by the federal communications commission and using half-duplex two-wa, rte" SECTION 2. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. SECTION 4. This ordinance shall take effect on January 1, 2010. ,Hawaii Date of Introduction: Date of ls` Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 262.11 2 Bill Nos. 66 (Draft 2), 77, 78, 79 (Draft 2), 93, 94 (Draft 2), and 95 I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on June 2, 2009, by vote as listed below: Bi1166, Draft 2: Amends Chapter 24, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Inattention to Driving. Adds a new section to the County Code that stipulates that it is a violation to use a mobile electronic device while operating any vehicle, unless used with a hands-free device, and exemptions and fines provided therein, and shall take effect on January 1, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: Council Member Naeole - 1; ABSENT: None; EXCUSED: None. Bi1177: Amends Chapter 24 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Motor Vehicle Driver's Permit and License Fees. Removes fees for six-year driver's licenses and adds fees for one-year and eight-year driver's licenses; and updates other license fees. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 78: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009; Increases ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant Aeration Upgrade [$4,500,000] ($5,500,000); fund increase shall be provided from: General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources ($1,000,000). AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bi1179, Draft 2: Amends Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008, to June 30, 2009; Establishes the following program appropriations: Roadway Projects (Engineering) ($2,000,000); Bridge Inspection, Repair, and Replacement Program (Engineering) ($1,000,000); Americans with Disabilities Act Curb Cut and Accessible Route Program (Engineering) ($500,000); and Local Road Improvements (Highways) ($3,500,000), for a total of $7,000,000; funds shall be provided from that portion of the Highway Fund which is designated as the Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel tax revenues created pursuant to Resolution No. 504-08. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bi1193: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Increases revenues in Federal Grants - Hawai`i County Police Department (HCPD) Traffic Investigation Program ($14,000); appropriates same to HCPD Traffic Investigation Program. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 94, Draft 2: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Increases revenues in Wireless Enhanced 911 (E911) Fees ($356,666); appropriates same to Wireless E9ll. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 95: Amends Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009; Appropriates revenues in State Grants - Office of Hawaiian Affairs (OHA) Training Grant ($25,000); appropriates same to OHA Training Grant. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. '~~ Kenneth G. Goodenow COUNTY CLERK (Hawai`i Tribune Herald -June 12, 2009) (West Hawaii Today -June 12, 2009) Note: The original Digest/Affidavit is attached to Bill 66, Draft 2.