Loading...
HomeMy WebLinkAboutORD 1915-062s ,l,J..i~tis~, ., ~, ^ 1+, County of Hawaii, .Territory of Hawaii Ordinance No. 62 AN ORDINANCE REGULATING MOVING TRAVEL AND TRAFFIC UPON STREETS AND OTHER PUBLIC PLACES ON` THF. COUN- TY OF HAWAII AND PROVIDING PENALTIES AND REMEllIE9 FOR VIOLATIONS THEREOF. Be it ordained by the Board of Sup- ervisors of the County of Hawaii: CHAPTER I. DEFINITIONS Suction 1. The following terms, whenever usedherein,exceptasother- wise specifically indicated, shall be defined to have and shall be held to include each of the meanings herein- below respectively set forth, and any such Lerms used i^ the singular num- ber shall be held to include the plural. STREET-Every avenue, boule- vard, highwag roadway, lane, alley, strip, path, square and place used or laid out for the use oY vehicles within the County of Hawaii. CURB-The lateral boundaries of that portion of a street, designed or intended for the use oY vehicles, whether marked by curbing con- structed of stone, cement, concrete of other material, or not so marked. VEHICLES-Every wagon, hack, coach, carriage, omnibus, pushcart, bicycle, tricycle, motorcycle, automo- bile, or other Conveyance, oxcept baby carriages and children's play wagons, in whatever manner or by who tevor force or power the same may be driven, ridden of propelled, which is or may be used for or adapted to pleasure riding or transportation of passengers, baggage, merchandise or Yreight upon any street; and every draft or riding animal, whether rid- den, driven or led, excepting that an animal or animals attached to any ve- hicle shall with such vehicle conati- tnte one vehicle; provided, however, that nothing herein contained shall be construed to affect in any way the operation of raih•oads upon any street, which said railroads sae ex- pressly exempted from the provisions of this Ordinance. MOVING TRAVEL AND TRAFFIC -For the purpose of this Ordinanco the term ^Moving Travel and Traffic" is intended to include vehicles in ac- tual motion and also those which may be a.t rest upon the streets and those whir.}. are at rent and intended or ex- pected to soon again be i^ motion. MOTOR CAR-For the purpose of this Ordinanco the words "Motor Car" shall apply to and- include al] vehicles propelled by any power, other than musmIIar powor. excepting such as rnn only upon rails, and far- ther excepting traction engines and road rollers. GARAGE-A garage is a stable for motor care. ' MOTORCYCLE-A motorcycle is a self-propelled vehicle having two or three wheels. THE CONGESTED TRAFFIC DIS- TRICT DEFINED-The "Conge~ated Traffic District" shall be ae follows: All that section of Fronk Street be- tween Shipman Street and Ponahawai Street; all of Richardson 6treet; all that section of Church Street be- tween FronC Street and Pitman Street; all oP King Street; all that section of Waianuenue Street between Front 9trcel, and Pitman Street; all of Shipman Street; all that sectiou of Volcano Street between Richard- son Street and Ponahawai Street; all that section oP Bridge Street between Richardson Streef and the lower Wai- luku River Bridge; all that section of Pitman Street between King Street and the upper Wailuku River Bridge; all that section oY Front Street be- tween the upper Wailoa River Bridge and Cocoanut Island road; all that sectio^ of road between the upper Wailoa River Bridge and Wharf Street. CHAPTER lI. RULES COVERING TRAFFIC. Section 2. DUTY. CAREFUL. DRIVING. Every person riding, driving, pro- pelling or in charge of any vehicle upon any of the streets shall ride, drive or propel such vehicle upmr such streets in a careful manner ar.d with duo regard Yor the safety and convenience of pedeatdana and al] other vehicles upon such streets. No person or persons shall unreas- onably obstruct or impede the right of travel oP any other vehicle. Section 3. RULE OF ROAD- DRIVIN<. ALONG STREETS. h:very person riding, driving, pro- pelling or Su charge of any vehicle, upon meeting any other vehicle at any place upon any street, shall turn to the right, and, on al] occasions when it is practicable so to do, shall travel nn the right side oP such street and near the right hand curb thereof, ex- repting when the right hand side of such street ie obstructed by teams. building or other material, or when such street is closed for repairs; in such rases the travel s}ral] be as far away from the left hand curb as pos- sible so as to allow other vehicles to freely pass. Section 4. RULF. OF ROAD- DRIVING ALONG STREETS WITH TWO WFdF,F,L TRACKS ONLY. Every person riding, driving, pro- pelling or in charge of a.ny vehicle upon any street bavinK but two wheel tracks or well-beaten paths for ve- hiclee, is hereby required, when prac- ticable, to turn to the right and to surrender the loft tra.ek upon meeting any vehicle going in the opposite di- rection. Section 6. RULE OF PASSING VEHICLES. Every person driving or operating any automobile,motoroycle, bicycle m• any similar vehicle, or riding any animal, or driving or in charge of any vehicle upon a!!y street, in overtaking any other vehicle, shall pass to the lefl. of sn ch vehicle or animal, and the person in charge of such vehicle or aarimal being so overtaken shall give way to the extreme right to allow such overtaking vehicle or animal to pass with safety as soon as practic- able and with all convenient speed upon a signal given by the overtaking person. If necessary, on account of road conditions, such over-take^ per- son shall stop for a sufficient length w of time [o allow such overtaking ve- hide to pass. In no case shall the passing ve: hide approach nearer than two feet from the vehicle passed, unless the latter shall have stopped as aforesaid. Section 6. SLOWLY MOVING VE- HICLE. Every persmr riding, driving, pro- pelling or in charge of any vehicle moving slowly upon any streak. shall keep such vehicle as close as pos- sibly to the curb on the right. allow- ing more ewiYtly moving vehicles free passage on the, left. Section 7. SIGNAL, Tb 9TOP. Every person operating or driving any automobile, motorcycle or any other kind of moior ear nn or along any street, open a signal given by nutting up a hand or other signal of distress made by a person riding or driving a horse or horses which are frightened, shall cause such vehicle to step unless a movement forward is necessary to avoid accident or injury, and upoo reouest eha71 stop all mo- tor power until such animal or ani- mals arc under control or the danger is passed; and, if requested, shall as- sist such person or persons to pass sorb vahi cte in safety. No person ur Persons shall give such signal or sign of danger or dis- trees or call for assistance upon any pcrsnn operating such vehicle on a. ~t*nr} w;thou[ a reasonable cause for 90 dOl P. g. Rrrtinn 8. R.ULbI FOR VEHICLE TIIF NI'4~: OiST OR CHANGING COURSE. Every person ridinG driving, pro- pelling or in charge of any vehicle rpon any street. first, before to-Wing. stopping or changing the course of such vehicle, shall see that there is sufficient space whereby such mov~- ment or such stopping can be made in safety and shall then give a nlain- Iv visilAe or audible sign to such per- son as may be in charge of a follow- ing vehicle of hie intention to make such movement or such stopping, ex- cent F*~h en followed by a rapidly pro- pelled vehicle, i^ which event no such movement or slopping shall be made until such capidly propelled vehicle shall have passed on the Lett. Secto„ ~. Ri7LE ON TURNLNG CORNERS TO RIGHT. 17very Person riding. driving, pro- nelling o- in charge of any vehicle nnnn anc street shall, in turning to the right into anorher street, turn the corner as near the right hand curb as possible. Section 10. RTTLE OF TIIRNING CORNERS TO LEFT. Every person riding, driving, pro- pelling or in charge of any vehicle n pop any street shall, in turning to the left into another street, pass to the right of and beyond the center of the street intersection before turning. Section 11. RULE ON CROSSING FROM ONE SIDE OF STREET TO ANOTHER. F,very person riding, driving, pro- pel]ing or in charge oP any vehicle crossing from one side of env street to the other side thereof shall make such crossing by turning to the IePt to the oppoe~i to side of the street so as to head in the same direction ae the traffic on that aide of the street. Tn the Oongeated Traffic District such turn shall be made at street in- teraectiona only. Streets joining, but not intersecting, shall, for the pur- pose oY this Ordinance, be construed to constitute an intersection. This section ie not to be construed to apply to intersections oY alleys with streets. Section 12. RULE ON STOPPING AT CURB. No person riding, driving, propel- ling or in charge of any vehicle shall atop the same upo^ any street with the left aide of such vehicle toward or along the curb. Section 13. RULE ON STOPPING IN ROADWAY. No person riding, driving, propel- ling or in charge of any vehicle shall stop such vehicle upon any street ex- cept as close to the curb as practic- able; provided, however, that Chis section shall ^ot apply f^ case of emergency or when such stop is made for the Purpose of allowing another vehicle or pedestrian [o m~oes its path. No vehicle shall be permitted to stand within twenty Tact of any street intersection or within ten Peet of any fire hydrant, except to let passengers on or off. Section Y4. RULE ON BACKING UP AGAINST CURB. No person riding, driving, propel- ling or in charge of any freight ve- hicle upon any street shall allow such vehicle to remain backed up to the curb or side of such street, except when such vehicle is being actually loaded or unloaded aL railroad cars, or when loading or unloading exces- sively heavy freight which cannot be handled practicably frmn Lhe side. This rule shall apply to the City of Hilo only. Section 15. RULE ON BACISING UP DRAFT ANIMAL TO CURB. Every per+son in charge of any draft animal attached to a vehicle backed up to the curb open any street shall turn and keep such animal tm•ned at right angles to such vehicle and in the direction which Lhe traffic upon that aide of the street is mov- ing. Sectimr 16. RIGHT OF WAY AT CROSSING OF INTL+'RSECTIONS. At any street intersection, the op- erator or driver of any vehicle or the rider of any anima] shall have the right of way over the operator or driver of any vehicle or the rider oP any animal approaching him on such intersection from the left, excepting only in caeca in which a police of- ficer shall be in actual charge at such intersection. Sectimr 17. RIGHT OF WAY OF AMBULANCE ANU OTHER GOV- ERNMENT VEHICLES. The ofi'icera and firemen of the Fire DepartmenC and their apparatus of all kinds, when going to, or on duty at, or returning from any fire, and all ambulances, whether oP a public or private character, and all other ve- hirles when employed in carrying sick or injured persons to hospitals pr other places for relief or treatment, and the officers and policemen and vehicles of the Police Department, shall have the right of way over all vehicl-s or persons on any street, a.nd through any procession, except over vehicles carrying the United Statue mail: and when the Fire Department or Police Department is responding to an alarm all vehicles shall come to a standstill along the right curb in the directio^ being traveled by such ve- hicles until the vehicles of the Fire Department or Police Department shall have passed, and no vehicle shall atop on any street intereection excepting close to the curb and far enough away Yrom such street inter- section to allow the vehicles oY the Fire Department or Police Depart- ment to safely turn. E very Flre and Police Department vehicle shall be plainly marked to designate its character, and shall be provided with a distinguishing sound signal device. flntil so designated such vehicle shall not be given the right of way as aforesaid. Every ambulance or private vehicle used Yor carrying the sick or injured shall not have the right oY way ae described, unless the driver or the person in control thereof shall cause to be sounded continuously, while claiming such right of way, some ade- quate sounding device as a warning of the emergency character oY its business. Section ] S. BRAKES. Every automobile, motorcycle or any other kind oY motor car, while being used upon any street, shall be provided with efficient brakes which shall be kept in good working order. All brakes shall be oY sufficient power to bring such vehicle, when traveling at a rate oP speed of ten miles an hour over a dry level ma- cadam road, to a full stop within twenty feet from point of application of the brakes. Evexy operator, driver or owner of such vehicle, when re- quested by the Sheriff, hie deputies or a.ny Examiner of Chauffeurs, shall submit suoh vehicle to a brake teat. 9ertio^ 19. RULE REGIILATIN6 VEHICLES STANDING ON GRADES OR OTHERWISE. It shall be unlawful for any person operating or driving any automobile, .motorcycle, or any other kind oY mo- tor ca.r to leave snrh vehicle standing on graded exceeding five per cent with only the brakes eet. In such case the front or rear wheels of such vehicle shall be thrown in towards the curb in such manner as Lo prevent such vehicle Prom running down the grade if the brakes should be re- leased. All automobiles left standing shall have brakes set, and nn all automo- biles requiring cranking from the street the brakes shall remain set un- til the engine ie started. Section 20. TRAVELING IN WAKE OF VEHICLF,. It shall be unlawful for any person operating or ,driving any vehicle on any street to travel so olnselyin the wake of any vehicle in such manner as [o imperil life or limb, or to travel so closely in the wake of such pre- ceding vehicle' as not to give such fol- lowing vehicle ample room in which to stop ar turn out in case such pre- ceding vehicle comes to asudden stop. Section 21. GARAGE F.XIT. Whenever any public garage has a passage way connecting it with anp street of such construction that there is not an unobstructed view from such street of any vehicle emerging from such garage, such garage shall have a sign extending acroea the sidewalk in frmxt of such garage. in close proximo ity to such passage way, containing the words "GARAGE EXIT" in con- spicuous letters, not less than six inches in height, which sign shall be visible to all parties approaching such entrance from either aide at all times. Such sign shall be lighted by a red light during all the hours oY darkness, while such passage way remains un- obstructed to traffic. Section 22. BREAKING ANI- MALS-FORBIDDEN. IC shall be unlawful for any person to drive uppn any street any unduly dangerous or partially "broken" ani- mal or to use any street for the pur- pose of "breaking" animals, it being the intention of this section Lo define the words "broken" and "breaking" as~ the act of accustoming animals to saddle and harness for the purpose of subjection. This section shall apply to the City oY Hilo only. Section 23. LEADING ANIMALS OR VEHICLES. It shall be unlawful to lead any anima] behind any vehicle, which by reason of its top or otherwise ob- structs a plai^ view oY said animal to those approaching from the opPttsite direction, or to lead behind any such vehicle one or more horse drawn ve- hicles. Section 24. NUISANCES - AN- NOYING SMOKE-NOISE. It shall be unlawful for any person operating soy motor car upon nny street or permit the motor of the same to operate in such a manner as to visibly emit a great amount oY steam, smoke or products oP combus- tion from exhaust pipes or other pipes or openings except while starting the motor, nor shall such poraon race the motor oY such motor car nor leave such motor car standing with the motor thereof running, nor make a,ny unnecessary noise, nor allow such motor car to be repaired in the street, except in case of emergency. No person riding a bicycle shall hang upon any other vehicle. No unauthorized person shall inter- fere with or molest any vehicle, pro- vided, however, that, for the purpose oY getting away from the place oY standing, a driver ma,y move another vehicle which is so placed that he cannot movo his vehicle out upon its right of way. No vehicle shall travel over any curb or acroea any parking, along and upon any sidewalk or cross any sidewalk, except at an alley or pri- vate entrance for vehicles. This sec- tion shall apply to the City of Hilo only. Section '~. MUFFLER-USE OF COMPULSORY. It shall be unlawful for any person operating any motor car upon any street Co permit the pipes, mufflers or other devises thereof to emit the sounds oY exhaust in aloud and an- noying manner; it being the intention of this sectio^ to compel the opera- tion of such motor car in as noiseless a manner as possible. This section shall apply to the City oY Hilo only. Section 26. LIGHTS. From thirty minutes after sunset ^ntil thirty minutes before sunrise there shall be displayed on the front of every motor car, while being oper- ated or driven along or upon any street, at least two ]amps, one on each side, giving a resonably bright light in the direction in which sash motor car is going, and so placed ae to retied upon the road in the direc- tion in which it is proceeding, and there shall be displayed on the rear of every such motor car one tail light, which shall display a red light visible from the rear, and which shall also display a white light reflecting upon the registration number oY such car in such manner as to make such number plainly visible and legible during the hours specified. MOTORCYCLES. The foregoing shall apply to bicycles and motorcy- cles, except that no tail light and only one head light, shall be required. OTHER VEHICLES. Every aaimal- drawn vehicle shall display two lights, one on each side thereoY, show- ing awhite light visible within a rea- sonable distance in the direction to- wards which such vehicle is proceed- ing. Such vehicle shall also display one tail light set on the left side. Section 27. LIGHTS WHEN VE- HICLE IS STANDING. From thirty minutes after sunset to thirty minutes before sunrise at any time while a motor car is stationary on any street, there shall be displayed at the Pront thereof two lamps giving a reasonably bright white light in the direction in whioh anch motor car is faced, and a tail light which shall dis- play aced light visible a reasonable distance from the rear. The Yoregoirg shall apply likewise to all motorcycles and horse-drawn vehicles standing i^ a street, exoept that no tail light shall be required in the case of motorcycles and that in the case of horse-drawn vehicles the tail light need not be a red ]ighC. Section 28. DRIVING OR RIDING BY CERTAIN PERSONS PROHIB- ITED. No person under the age aP sixteen years shall operate or drive any motor car along or upon any street or in any public place. This provision shall not apply, however, to any person under the age of sixteen years who may hold a chauffeur's certificate. No intoxicated person shall operate or drive any vehicle along or upon any street or in any public place. It shall he unlawful for any person in control of any animal-drawn ve- hicle, or rid leg any animal, to pro- ceed upon any street or public place, without having or keeping conscious control oY such animal by means oY proper reins or harness. No person of tender years obvious- ly unfit for the control of any animal eha.ll drive or ride such animal along any street or public, placA or be per- mitted to drive or ride such animal in anch street or public place. Proot that a person accused of hav- ing operated or driven any vehicle while intoxicated partook oY intoxica- ting liquor within one hour oY the time oY the alleged offense shall con- stitute prima facia prooY oY intoxica- tion and such person shall be Pre- sumed to have been intoxicated until such prima facia prooY shall have been rebutted by sufficient evidence to the contrary. Section 29. OFFICERS-POWERS OF. Police officers, at steamer landings, street interseotione, railroad depots, Cheaters, places of general public re- sort, and also along routes of procee- sions, shall have full control oY the movement or placing oP all vehicles and pedestrians. Such police officers shall signal, by wave oY the arm, cane or other instrument, the direc- tion in which vehicles shall move or where and how standing vehicles shall be placed. Whenever there is a police ottlcer in charge of any such place, the oper- ator or driver oC a vehicle shall in- dicate the direction in whioh he wishes to travel, and shall not pro- ceed until ordered so to do by each police officer. Section 30. Ni7ISANCE PROHIB- ITED. No person shall ride or jump upon any vehicle without the consent of the operator or driver or person in control thereof. No person riding a bicycle or tricy- cle shall hang upon any moving ve- hicle in any manner whatsoever. It shall be unlawful fora pedes- trian, when crossing or walking along a street, to interfere carelessly or maliciously with the passage of ve- hlcles. CHAPTER Ill. Section 31. USE OF FLANGES, ETC., ON WHEELS RESTRICTED. HEAVY VEHICLES No traction engine, road engine, hauling engine, trailer, steam roller, aartomobile truck, motor or other power vehicle shall be operated upon or over any street the tires oP which are woxmd with chains or the Yace of the tiree of which are fitted with flanges, ribs, clam pa, lugs or spikes, other than rubber or wooden blocks. This regulation applies to all rings or flanges upon guiding m• steering wheels on such vehicle. In rase of traction engines and steam plows which are equipped or provided with flar.gcs, ribs, clamps, cleats, rings or lugs, such vehicles shall be permitted to pass over said streets provided that cleats are fastened upon all the wheels of such vehicles, not less than 7, ~ inches wide and not more than 1?s inches high, so placed that not less than two cleats nn each wheel shall touch the ground at all Yimea, and that the weight shall be the same on all parts oC said cleats. Section 32. WEIGHT OF VE- IIICLF.S RESTRICTED. No traction engine, trailer, steam roller, automobile truck, motor or other power vehicle shall be operated upon or over any street, nor shall any object be moved over or upon any sack street upon wheels, rollers, or otherwise in exoess of a total oC 16 tons, including the vehicle, object or contrivance and load without first ob- taining the permission of the Chair- man and Executive Officer as herein- after provided. No weight in excess of 8 tone shall be carried on any one axle of any such vehicle. Section 33. LIMIT OF WEIGHT DEFINED. The tics of each wheel of any motor or other power vehicle other than those described in the prior section, shall he smooth, and the weight oY such vehicle, including lead. shall not exceed 800 lbs. upon an inch in width of the tire, wheel, roller or other objeot, and any weight in ex- cess of 800 lbs, uponan inch in tics is prohibited unless permissio^ is obtained from Lhe Chairman and Ex- erutive Officer as hereinafter pro- vided. Section 34. WIDTH OF VE- HICLES RESTRICTED. Na motor or other power vehicle shall be operated upon any street of a greater width than 90 inches, ex- cept traction engines, which may tiave a width oY 120 inches. Section 35. PERMISSION TO OP- ERATE CERTAIN HEAVY VE- HICLES. The Chairman and Executive Offi- cer may grant permission for the moving oY heavy vehicles, loads, ob- jects or structures in excess of a Yotal weight oY 15 tone over any street, upon proper application in writing being made therefor; provided, how- ever, that the said Chairman and Exe- cutive Officer may require a suffic[ent bond to protect the County Yrom any loss or damage by reason oY such operations. Section 36. IMPROPER i7SE OF STREETS RY HEAVY VEHICLES PROHIBITED. It shall be unlawYul to operate. drive, haul or use in any street or public place a.ny vehicle of such weight or construction or in such a manner that the edges of the tires oP ouch vehicle shall cut into the road- bed and cause ruts therein by reason of being operated on the crown of the road without sufficient bearing surface to snatai^ the load of such vehicle. Section 37. The owner, driver, op- erator or mover of any heavy vehirle. using any street or public place, shall be responsible to the County for al] damage which said street or place may sustain as a result of a violation oP any oY the provisions of this Ordin- ance. Section 38. VIOLATIONS-PUN- ISHMENT. Any person violating any o1 the provisions of this Ordinance ahalltbe Punished by a flue of not lees than Five Dollars anr~ rot more than Five Hundred Dollars. The Court having jurisdiction nP any charge brought under this Ordin- ance, in addition to the penalty above set Yorth, map, upon the motion oY the prosecuting officer, cancel the Chauffeur's Certiflcate of any person Pound guilty under thie'Ordinance, in which event the Court shall fix a period, not exceeding twelve months, wherein such person shall not he en- titled to receive a new Chauffeur's Certiflcate. Section 39. All Ordinances and- parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 40. This ordinance shall take effect thirty days from and after the date oP its approval. Introduned by (Signed) EUGENE H. LYMAN, Supervisor. Date of Introduction, July 9th, 1915. Adopted and approved: August 6th, 1916, by the BOARD OF SUP- ERVISORS OF TIIE COUNTY OF HAWAII. (Signed) 9AMT7DL KAUHANE, Chairman and Executive Officer. Attest: (Signed) A. A. HAPAI, [SEAL] County Clerk.