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HomeMy WebLinkAboutORD 1911-043~' . . County of Hawaii, Territory of Hawaii Ordinance No. 43 RELATING TO THE REGISTRA- TION, IDENTIFICATION, USE AND OPERP_TION OF MOTOR CARS. An ordinance repealing ordinances Nos. 19, 20, 24, 25 and 3a: Section 1. Definiticns. Motor Car -For the purposes of this ordinance the words "Motor Car" shall apply to and inolude all vehicles propelled by any power other than muscular power excepting tracticn engines and road rollers. "Public Highways" shall include any public highway, road, street, bridges, avenue, alley, park, perkway, drive- way or public place in the County of Hawaii. Section 2. Registration of Motor Cars-NO motor car shall be operated on any public highway, in the County of Hawaii until same shall have been registered by the owner in accordance with the requirements of this ordin- ance, nor unless the same shall other- wise conform to the requirements of this Ordinance. Provided, However, that no regis- traticn shall be required of any motor car, while the same is in stock for sale, of any dealer in motor cars, and which may be operated on a highway by such dealer or employee for such dealer, for the purpose of ex- Y,ibitiou of the same to an intending purchaser, and not for hire. And further provided, that the pro- visions of this seotion shall not apply to motor vehicles owned by non-resi- dents of the County and only tempor- arily within this County. Provided the ownera theyeef have complied with any law requiring the registration of Motor Cars in forco in any County of the Territory of Hawaii, or in any State, Territory or Federal District of their residence, and the registration number showing the initial of such County, State, Territory or Federal District shall be displayed on such vehicle substantially as provided in Section 6. Section 3. Application for Regis- tration of Motor Cars-Except as oth- erwise provided in this Ordinance, the owner of every motor car in the County of Hawaii, shall, before such motor car is operated on any highway, apply to the Sheriff of the County, on a. blank to be provided by the Sheriff for that purpose, for registration of such car, setting forth in such appli- cation: The name and local address of the applicant with a brief description of the car sought to the registered, in- cluding the general name of the make of the Car, name of the maker, fac- tory number, style of vehicle and mo- tive power, color of car and any other distinguishing feature. Section 4. Registration-The Sher- iff, upon receipt of such application, shall file it in a book to be kept for that purpose in his office and assign to it and the motor car therein des- cribed a distinctive registration num- ber. Section 5. Certificate of Registration -The Sheriff shall, immediately upon registration of a motor car as last aforesaid, issue and deliver to the owner thereof a certificate of regis- tration thereof, signed by the Sheriff, setting Yorth the name and address of the owner, a. description of the car registered and the registration num- ber of the same. Section 6. Identification of Car-The owner of each motor car so register- ed shall, before such car shall be per- mitted to be operated upon any high- way, display and keep displayed upon the rear part of said car, in such posi- tion that it can at all times be plainly seen, the registration number of said ear, given to it by the Sheriff under the terms of this Ordinance. Such numbers shall be four inches in height in white on a black back- ground. Section 7. Examiner of Chauffeurs -The Board of Supervisors shall from time to time appoint a per- son who shall be a competent motor car operator and have a fair know- ledge of steam, electric and gasoline motor cars, and who shall be known as the "Examiner oY Chauffeurs;' to examine into the qualiflcatlons and fitness of any person who may desire to secure a chauffeurs' certificate, to operate a motor car. Section 8. Chauffeur's Certiflcate- No motor car shall be operated on any highway by any person, unless such person shall have first received a chauffeur's certificate certifying that he or she is competent to operate a motor car propelled by the kind of power used on such motor car and ob- tained upon the terms and in accord- ance with the requirements of this Ordinance. Provided, however, that this sec- tion shall not apply to a,r,y person who is learning to operate a motor car, while accompanied in the same motor car by the Examiner of Chauffeurs, or by a person holding a Chauffeur's cer- tificate issued under this act, who is acting as a teacher of such person so learning to operate such car, at a point outside of the speed limit area in this Ordinance described or those exempt under Section 2. Section 9. Application for Chauf- feur's Certificate-Every person who shall desire a Chauffeur's Certifloete shall apply to the Examiner of Chauf- feurs on a blank to be provided by the Sheriff for that purpose for such a certificate setting forth in such appli- cation: The name, age, sex, nationality, oc- cupation and local address of the ap- plicant; the experience of the appli- cant in operating motor oars, stating length oY time during which the appli- cant has operated motor cars; wheth- er as an amateur or a professional; place or Places where applicant has operated a motor car; kind of machine or machines and motive power of ma- chines which applicant has operated; and setting forth the style and kind of car. which he wishes to operate and the kind of power used in propelling the same. Such application shall be filed in a book tc be furnished by the Sheriff for that purpose. Section 10. Examination of Appli- cant for Chauffeur's Certificate-Upon receipt of each such application, the said Examiner shall examine the ap- plicant concerning his knowledge of the type or types of machine which he desires to operate, whether steam electric or gasoline, or two or more of the same, as the case may be. Section 11. Requirements of Appli- cants-Each applicant shall conform to the following requirements: !1) Be not less than 15 }-cars of age; (2) Be familiar with the terms of this Ordinance; (3) Demonstrate in the presence of the Examiner that he can start, stop, change speed by the various means provided therefor, reverse, back and turn a motor car, both slowly and suddenly, and generally show ability both for quick and decisive handling of a motor car to avoid collisions and other emergencies, and also good ~. knowledge of, and acquaintance with the machine to be operated, and its method of operation under all condi- tions. Section 12. Character of Certiflcat- es-A Chauffeur's Certificate shall be signed by the Examiner of Chauffeurs and shall certify that the person nam- ed therein has been examined by the Examiner of Chauffeurs and found competent (ll to operate a motor car propelled by steam power, or (2) to operate a motor car propelled by elec- tricity, or (3) to operate a motor car propelled by gasoline or other power of a similar character, or (4) that such chauffeur is competent to op- erate motor cars of types propelled by two or more of the said enumerat- ed kinds of power. Section 13. Rules Por Operation of Motor Cars-All motor cars operated on any highway in the County of Ha- waii, sha!1 be operated under and sub- ject to the following rules, viz: (ll Speed Limit-NO person shall operate a motor car on a public high- way within the area bounded, in the town of Hilo, on the North by Mahiula bridge: on *,he West, by the Hilo Hos- pital and the upper end of the ceme- tery on Ponahawai Street; on the South by the Waiakea Mil] on Vol- cano Road; on the East. by the Waie- kea School house and Reed's Bay; and thence along the sea to the mouth of Mahiula strum; at a rate of speed greater than fllteen (15) miles per hour; nor without sold area at a speed greater than twenty-flue (25) miles per hour. (2) Speed at Crossing, Cuxves Etc.-NO person shell operate a motor car at a rate of speed greater than ten (10) miles an hour upon approaching a road crossing, sharp curve or des- cent, or turning a street corner, and shall have It under complete control, and shall give timely warning of his approach by blowing a horn, so as not to endanger the life or limb of any person, or the safety of any property. t3) Signals-Upon approaching a person walking on a highway, or a horse, or horses, or other draft ani- mal or animals, being ridden, led, or driven thereon, either from front or rear, a person operating a motor car shall give reasonable and timely warning of his approach by blowing a hcrn, and use every reasonable pre- caution to ensure the safety of such person or animal and to prevent frightening the same. (4) 6tapping On Signal-A per- non operating a motor car shall at re- quest, or on a signal by putting up the hand, from a person riding, leading or driving a horse or horses or other draft animal or animals, bring such motor car immediately to a stop, and remain stationary so long as may be reasonably necessary to allow said hnrte or other animal to pass or to prevent accident and insure the safety of life, limb or property. (5) Every person operating a mo- tor rar within the speed limit as pro- vided Yor in paragraph 1 of Section 13, shall keep the muffler of said mo- tor car closed. Ssction 14. Speed Tests and Races -Notwithstanding the speed and o~h- er limitations herein contained, the Sheriff may set aside for a given time a specified highway or highways for motor car speed tests or races, to be conducted under proper guards and restrictions to be specified by the Sheriff, Yor the safety oY the public. Section 15. No Effect On Right to L~amages -Noticing herein contained shall be construed to curtail or abridge the right of any person to prosecut^ a civil action for damages by reason of injuries to person ar property, resulting from the negli- gent use-of a highway by person op- erating amotor car, or against its own- er. Section 1G. Charges. The charge for registering a motor car and issu- ing a certificate for registration there- of, shall be Two ($2.00) Dollars, which shall be collected by the Sher- iff and paid to the County Treasurer as a County realization. The charge for registering a Chauffeur and issu- ing acertificate to him shall be One ($1.00) Dollar, which shall be collect- ed by the Examiner and paid to the County Treasurer as a County reali- zation. The charge for examining the ap- plicant for a Chauffeur's certificate shall be Two ($2-00) Dollars whioh amount shall be paid by the applicant to the examiner at the time oY filing his application and shell be paid by the Examiner to the County Treasur- er as a County realization. The Examiner of Chauffeurs shall make a. monthly report in detail to the Board of Supervisors of the examina- tions made, the amounts collected and the number of certificates issued. The Examiner of Chauffeurs shall be entitled to a fee of Two ($2.00) Dollars for each examination made and charges collected by him and paid to the County Treasurer, a warrant for which shall be issued by the Coun- ty Auditor on the County Treasury. Section 17. Penalties-The violat- ing of or failure to conform to any provision of this Ordinance shall con- stitute a misdemeanor, and shall be punishable by a, fine not exceeding $25.00 for the first offense, a fine not less than $25.00 nor more than 550.00 for a second offense, and a fine not less than $50.00 nor more than 8250.00 for a third ar subsequent of- fense. The Judge of the Court having jur- icdiction of any charge brought under this Ordinance, may in addition to the penalty or penalties above set forth, cancel the certificate of any Chauffeur fund guilty under this act, in which case such person shall not be entitled to again apply 'for or to receive a Chauffeur's gertiflcate within three months hom the date of such cancel- lation. Section 13. Ordinances 19, 20, 24, 26 and 32 and all Ordinances in con- flict with the provisions of this Ordi- nance are hereby repealed. Section 19. This Ordinance shall take effect sad be in force from and after the date of its approval. JAMES D. LEWIS, Chairman of the Board of Supervisors. TERRITORY OF HAWAII ) ss COUNTY OF HAWAII ) I hereby certify that the foregoing Ordinance was regularly considered at a meeting of the Board of Sup- ervisors of the County oY Hawaii. held at the County Seat upon the 1st day of N.arch, A. D. 1911, and upon being put to vote said Ordinance was adopted by a majority of the Sup- erC1a0TS ai said m:Rting. IN WITNESS WHEREOF I have hereunto set my hand end affixed the seal cf ?he Cor my oY Hawaii upon this 1st day of March, A. D. 1911. JOHN K. KAI, Cterk of the County of Hawaii. [SEAL] J 1~