Loading...
HomeMy WebLinkAboutORD 1915-064-'~!`+~~"'--. T.t~'}ei..e~n{-..~.r-.~. ..---'~~..--... .-..-++-n.~~. r. -....-....~...~~..~... .n++.+~r~.n++~n^r~v...r-n-qy ~ n.. ..+,---m ..: _.r.-...-~-.-....-.-. ~...,~......~..-. J ~:. ~~ c , ~( 4 rj it ~ F1 "i' ~~ Ordinance No. 64 AN ORDINANCE PROVIDING FOR THE ItEG1STRATION ANll IDENTI- FRCATION OF MOTOR CA1LS, THE EXAMINATION OF ANll CERTIN'I- CATION ON' CHAUFFEURS, FEES FOR REGISTRATION AND CHAUF- FEGRS' CERTIFICATE, AND PRO- VIDING YENALTIF.S FOR THE VIO- LA'fION OF THIS ORDINANCE, ANll iZEPEALING ALL ORDINAN- CES AND PAlt'fS OF ORDINANCES IN CONFLICT HEREWITH. Bh ]T OHDAINliII HY THE ]IOAHH OF-~BUI'EII'V1dOH9 OF THE CUUNTY- OF ~HA{VAII: Section 1. DEFINITIONS. The definitions used in the "Traffic Ordi- nance" shall apply to this Ordinance. A chauffeur is a Person who man- ages the running of a motor car which is not operated on fixed rails or tracks. Section 2. REGISTRATION OF MOTOR CARS. No motor car shall be operated on any street, public highway or place, unless the same shall have-been registered in accord- ance with the requirements of this Ordinance or any amendment thereof. The previsions of this section shall not apply to any motor car owned by any non-resident of this County while sojourning within this County, pro- vided [he owner thereof has oomplied with any law requiring the registra- tion ~o~P a motor car in force at the place oP his residence and provided f~wr[her that a Tosistration uumber and some distinguiahins initial or des- ignation of the jurisdiction wherein such motor car has been registered shall be displayed on such motor oar. The requtrements oC this Section shall not be applicable to any motor car owned or controlled by the United States of America or any officer or employed thereof, while apera~ted by such parsmr in the course oP official business. This Section shall not be construed to exempt such person or his motor car while the same is used Por purposes other than official busi- ness. Section 3. APPLICATION FOR RE- GISTRATION OF MOTOR CARS. The owner or Person in control of any mo- kor ear shall apply to the Sheriff for the registration of such motor car, the re-registration or for a change or tree afer in the registration of such motor ca.r. This Section shall include dealers in motor cars and officers or employees of the government of the County or Territory. 9ectio^ 4. CLASSIFICATION OF APPLICANTS AND APPLICATIONS. Applicants and applications shall be divided into Pour classes, as follo~wa: A. Application by owners oY motor Care not otherwise classified herein. B. Application by owners of mo- torcycles or other similar vehicles, except such vehicles registered under Class Cor D. C. APPlication by any agent, em- ployee or officer of the government, whether of the County or of the Ter- ritory, For the registration X08 amotor car used for public service. P. Application by dealers in motor cars. APl'LICATi0N9~T0 CONTAIN WHAT Classes A and B. The applioation by any person ender Class A or B shall contain a statement of the full name place of residence and address of Lhe applicant, with a brief description of the vehicle, including the name of the maker, number, if any, affixed by the maker, the character of fhe motor power, the amount of ranch 'motor power stated in figures as to horse poweq style of vehicle and weighty The applicant shall dopasit the re gistration Pea with the application. Class C. q'he application for regis- tratfon ender Clas's C shall contain a statement of the department or division of Public serviro in which the vehicle is employed, and also the government, whether Coun[y or Ter- ritory, for which the vehiclo is used. The application shall also contain a brief description of the vehiclo as re- quired Cor Class A. Surh application may bo signed by any agent, em- ployee or officer of Lhe government using such vehicle or in control thereof. Class D. The application for regis- tration under Class ll shall contain a statement of the name, place of bns- ineas a.nd post office address of the dealer applying Tor registration, with a brief description of the class oP motor cars dealt in or to~ be dealt in by him. Section 5. REGISTRATION NUM- BER. (a). The 6heriff shall then resistor in a book or a card index system toi be kept for that purpose the motor car described in the applioation and the character and make of motor cars described in a dealer's application. (b). The Sheriff shall give to each applicant and the motor car describ- ed in his application or all the motor cars dealt in by a. dealer a distin- guish(ng registration member. (N. No more iha^ two series of numbers shall be issued, one for mo- toroycles and another for all other motor cars. (d). So fzr as practicable the ap- plicant shall be assigned a number hitherto assigned to him, upon re- quest so to do. (e). The distnguishing number shall be as described in the following olaseifl cation Class A (Motor Cars) shall be mark- ed by a distinguishing number and shall bo prefixed by the letters IIAW. Class B (Motorcycles) shall be dis- tinguished by the letter A, prefixed to the number registered, and shall be prefixed by tk~e letters HAW. in addition thereto. Class C (Government Motor Cars) shall bo distinguished by placing on each vehicle used the registration ^umber prefixed by appropriate let- ters such as T. H. or C. H. to distin- guish the respective 'government served. Class D (Dealers) shall be dfatin- gdiAhed by placing oa each motor car used o^ any street after the num- ber assigned to the dealer for al] of his motor care one of the capital let- ters from A to J inriuslve, to dis- tinsuish the particular motor oar used under the dealer's registration number. IC shall be unlawful Pox the dealer to use more than ten separate number plates. Provided, however, that a deal- er may apply and receive permission .s _41.x^ mr~ to use succeeding additional alpha- betical letters upon payment of an additional Yee of $5.00 for each ad- ditional letter assigned, beginning with the letter K. Every motor-car owned or control- led by a dealer, except such motorcar as may be maintained for his own private use or for hire, shall be re- garded as registered under a general distinguishing number and letter. The dealer's number may be used to designate themotor car owned or conU'olled by him while being used for the following purposes and no others: (a). For the purpose aP exhibiting any car in stock fior sale to an intend- ing purchaser, and not far hire, while operated by such dealer or any em- ployee of such dealer. (b). For the purpose of allowing a patron of such dealer to use a motor car loaned by such dealer to the pa- tron to be used only while the regist- ered motor car oY such patron is be- ing repaired or otherwise tiv~orked upon by such dealer. Any dealer or employee oP a dealer who shall knowingly permit the use of any such ^umber upon any motor car owned ~m• controlled by any other persmi shall be guilty of a misde- meanor. Section 6. CERTIFICATE OF RE- GISTR.ATION SHALL BE ISSUED. The Sheriff shall give to each appli- cant a certificate of registration, con- taining the date of registration, a brief description of the m~a~tor car, the naxno of the person, firm or gov- ernment service registering such mo- tor car, and the registration number assigned to such motor car. Section 7. NIIMRER PLATES, IS- SUED BY Slfl!:RIFF. Upon regis- tration or re-registration annually or otherwise, the Sheriff shall issue and deliver to each owner of a motor car under Class A two official number plates oY uniform size, color and de- sign, and under Class B two official number plates of uniform size, color and design. 'Phe color of such plates shall he changed from time to time in order to distinguish the various an- nual issues of plates. The distinguishing number assign- ed to a motor car for plates of Class A shall be of 4-inch Arabic numerals, preceded by the letters HAW. The plates Por Class B shall be of appropriate size, containing Arabic numerals not less than 2 inchae in heigh C. Section F. REGISTRATION AND O16Itq'IFiC.4TE OF REGISTRATION VOli7 WHES. A registration and certificate of registration under Clase- os A, B and D shall become void when the same does not correctly designate the identity o~P the registered owner and oT the motor car used under such registration. A registration and certificate of re- gistrntion under Class C shall become void when such registration ceases to correctly designate the igowernment served, the branch of government service i^ which the motor car is used and the motor car need under the number assigned. Section 9. IYL-REGSSTRATIONIUN- DER CLASSES A AND B. Re-regis- tra.tion ~of velxicles shall be required under the conditions set forth in this section. In Classes A and B, whenever there is achange of owner orachahge in the description of a motor car operating under a registered number, it shall be unlawful to operate such motor car unless the same be re-registered, so as to indicate the change 1n the name of the owner, or the change in the description of the motor car so operated under the registered num- ber. The said reae~gistration ;may be made under the original number. Nye Ire-registration ahal~l be made where both the owner and the de- scription of the motor car originally registered have changed. Section 10. EXISTING CERTIFI- CATES OF REGISTRATION TO EX- PIRE-WHEN. All certificates of re- gistration heretofore issued shall ex- pire Thirty days from and after the date this Ordinance goes into effect, All motor cars with such certificates of registration shall register under a sew original registration on or before each time. Section 11. REGISTRATION TO CONTINUF. UNTIL JANUARY 1, 1916. RE-REGISTRATION ANNUAL- LY. ABANDONED NUMBER REIS- SUED-WHEN. !The registration ~oP motor cars under Classes A and B shall continue to January 1, 1916, and thereafter all such! xnotor oars shall be re-registered annuall,`y, such re- registration to continue in force until January 1 of the follo~wirtg year. All annual re-registration shall be made during the month of January oY each year. Whenever a motor car has not been re-registered as required by this Sec- tion and Yor thirty days thereafter, the registration number thereof shall be deemed to have been abandoned by the person to whom it had been issued and thereafter he shall have no claim to the vse of said number. Thereafter such person shall not be entitled to operate such motor car, except under a new ~origina] number. The Sheriff may issue a new original registration to a different Person under the said abandoned number. Section 12. REGISTRATION TIN- DER CLASSES C~AND D. RE-REGIS- TR_4TION. Every motor car describ- ed in Classes C and D shall be~ regis- tered in accordance with this Ordin- ance. Thereafter no annual re-regls- trati~o~n shall be required, provided, however, that whenever there occurs a change of name of the person or form oP political division under which such motor car is operated the regis- trati~on oP such motor car shall terms rate. Thereafter such ntlotor car shall be re-registered, either under the former number or under a new number, after an application for such transfer registration has been made and a new certificate shall be issued. CRAIIFFF,IiRB' ('EE~TIFiCATF.6 Section 13. EXAMINATION OF CHAUFFEURS. The Sheriff ~aha1S from time to time appoint one or more competent persons who shall be in the regular employment oP his de- partment to examine into the quali- fications and fitness of any person who may desire to secure a Chauf- feur's Certificate to operate any mo- tor car. Provided, however, in case it shall be impossible for the Sheriff to make hiy selection for appoint- ment from among they regular em- ployees of his. said department, he may appoint any other competent person or persons. Any person ap- pointed for the purpose specified shall be~ known as Examiner of Chauffeurs. The Examiner of Chauffeurs is here- in referred do by the brief title of Ex- aminer. Section 14. ChIRTIFICATED CHAUF- FEURS ONLY TO DRIVE. No motor car shall be operated on any street, park or public place by any person, unless such person shall have first received a Chauffeur's Certificate cer- tifying that he is competent to oper- ate amotor car propelled by the kind of power used on such motor car nor shall such person operate any motor car except the type or class of motor oar specified in the Chauffeur's Certi- ficate held by such person and obtain- ed upon the terms and in accordance with the requirements of this Ordin- ance. )Provided•, however, that this section shall not apply to any person who is learning to operate a motor car while accompanied in the same by the Examiner or by a person hold- ing a Chauffeur's Certificate issued under this Ordinance, who is acting as a teacher oY such person s~o~learn ing to operate such motor car. Section 15. REQUIREMENTS OF APPLICANTS. Earh applicant shall confcrm to the following require menu 1. He shall be not less than six- teen years of age; provided, however that this provision shall not apply to say person under the age of sixteen years who already holds a Chauffeur's Certificate if required to~ make appli- cation for a new Chauffeur's Certi- ficate; 2. He shall be familiar with the terms o~f the "Traffic Ordinance;' the "Speed Ordinance," and of this Ordi- nance, and of any amendments there- ot; 3. He shall not have any defect of sight, oP hearing, or muscular control or other defects, Physical or mental, which will prevent his operation of a motor car with safety. He shall have the use of both arms sufficiently to !' control a motor car. 1Ie shall have ff sufficiently good eyesight to be able to avoid danger. 4. He shall not be a person of reckless disposition; 6. He shall demonstrate in the presence of the Examiner that he can start, stop, change speed by the vari- ous means provided therefor, reverse back and tarn a meter car, both slow- ly and suddenly and generally show ability for quick and decisive hand- ling of a motor car Co avoid collisions and other emergencies. 6. He shall bo a person who is not addicted bo the excessive use of in- toxicatingliquors. Ha shall be a per- son who has not been convicted for drunkenness for a Period of one year prior to the time ~e~P }r1s application. 7. It shall be nnlawftIl for any chauffeur to knowingly operate a mo- tor car in any street or public place while disqualified by reason of any defects stated in this section. Section 16. APPT.ICATION FOR CHAUFFEi1R'S CERTIFICATE. Ev- ery person who shall desire a Chauf- feur's Certificate shall apply for the same to the Examiner upon a blank to be provided by the Sheriff, setting forth in such application, duly verified upon oath, the facts required to be stated therein in accordance with this Section. The application shall state: 1. His name in full. 2. A statement that the applicant is sixteen years oP age ~o~r over, or his actual age; provided, however, that this provision shall not apply to say person under the age of sixteen yearF who already holds a Chaufl~eur's Cer- tificate if required to make applica- tion fior a new Chauffeur's Cortlfl- Cate: 3. The sex of the applicant; 4. His nationality; 5. His occupation and local ad- dress; ti. The experience of the applicant 1n operating motor care, stating, (a). The length of time during which the applicant hoe operated motor cars; (b). Whether the applicant is an amateur or proReasimta] operator; (c). The place or places where the applicant has operated motor care; (d). The kind of moor cars eper- ated; (e). The motor power of the motor Cara which the applicant has operat- ed, and (f). That he knows of ^o defect, oP sight, of hearing, Hof muscular con- trol or other defects physical or men- tal, which will prevent his operation of a motor oar with safety. If the applicant claims that ho is properly able to manage a motor oar, notwithstanding some defect, ho shall exUlain how he is able to mange the same notwithstanding ouch defect. 7. He shall state, (a). The style of motor ear which he wishes to operate, and (b). The kind oP power used fn propelling the same. Section 17. APPLICATIONS TO BE FILED-HOW. The application made under this Ordinance shall be filed in a book or an index cabinet to be furnished by the Sheriff for that purpose. Such record shall be open at all times during reasonable busi- ness hours for inspection by the of- ficials of the County of Hawaii or any police officer thereof. Such re- cord shall he furnished to the Sheriff for preservation by him upon the ex- piration eP the term of office of the Examiner. Section l8. EXAMINATION OFAP- PLICANT-DUTY TO EXAMINE PROMPTLY. Upon receipt of the ap- plication, the Examiner shall examine the applicant promptly concerning ltis knowledge oT the type or Lypes of mo- tor cars which he desires bo operate. He shall also determine by practical test that the applicant possesses the qualification required by Utis or any Ordfnance hereafter enacted govern- ing chauffeurs and shall not grant a Chauffeur's Certificate without a bona tide investigation oP such qualifica- tions. Provided, h~ewever, thaC if the Examiner shall have reason to be- lieve, Prom the apPllcation or other- wise, that. the applicant is enbject to any defects stated i^ Section 15, which may d[squ alify him from operating a motor ear with safety, ho may require the applicant to furnish a certificate from a physician stating that the aP- plicnnt has been examined by such Physician and that he has found no each defects i^ the applicant which, in his opinion, disqualifies the appli- cant. Section 19. SOOPE OF EXAMINA- TION. E¢ch nFPlicant for a Chauf- feur's Certificate shall be examined generally concerning a1F aPPliances of the type o£ motor cars which he desires to operate and concerning the ... ~.-._ ,~.,.4... starting, turning, slapping, and the means oY operating the same; and such applicant must show good knowl- edge of and acquaintance with the type of motor cars to be operated and their method of operation under all conditions. Section 20. CHARACTER OF CER- TIFICATE. A ChauYfeur's Certificate shall be signed by the Dxaminer and shall certify that the person named therein bas been examined by the Examiner and Yound competent (1) to operate a motor car propelled by steam power or (2) to operate a mo- tor car propelled by olectriciky br (3) to operate a motor car propelled by gasoline or other power of a simi- lar character, or (4) that such person is competent to operate motor cars of types propelled by Cwo or more of the said emm~m•ated kinds oP power. Such Chauffeur's Certificate sha11 contain such a description of the per- so^ to whom the same is granted as will assist in the identification of such person, each as nationality, sex, and age. Section 21. CERTIFICATE TO BE PRODUCED-WHEN. Any person to whmn such ChaufPem~'s Certificate has been granted shall produce to the Examiner or to any Police oflicer, withi^ a reasonable time after being rec,uestod so to do, s~a ch Chauffeur's Certificate Por inspection by him. The failure to produce the same within a reasonable time after demand shall be prima facia proof that no such Chauf- feur's Certificate has been granted. Section 22. FEE FOR EXAMINING AX APPLICAST. The fee for exam- ining an applicant fm' a Chauffeur's Certificate to drive a motm• car shall be deposited with the aPplicatiom in the bands of the Examiner, who shall pay over iho same to the Sheriff im- mediatoh-. Such fee shall be deposit- ed by the Sheriff with iho Treasurer on the last day of oath month next after the time when the applicant has passed his examioation. The Eco Por examining an applicant fora Chauffeur's Certlflcato as a chauffeur to drive a motorcycle shall be $7.00 and lur examining an appli- cant fm~ a Chauffeur's Certificate as a chafPeur to drive any other motor car shall be $5.00; provided, however, that such fco shall be 50{` fur any person who already holds a Chauf- feur's Certificate to dri~~o a motor- cycle if required to make apP~lication for a new Cha nffeur'e C. ar ti0catn, aexd $2.00 for any person who already holds a Chauffeur's Certiflca[e to drive any other motor ca.r if required to m.al:e application Yor a new ChauC- fe~nr'e Ceriidcata~- Sectioo 23. FEES FOR REGIS- TRATION, RE-]iEGISTTLATION AND TRANSFER REGISTRATION. Class A. Nor all motor care inelnd- ed fi Class A, the fee for original re- g~istraticn shall be $5.00, which snail include the charge tar two number plates to be furnished by iho Sherifr; provided,hoxvever, that such Pee shall be $8.00 for any motor car which is already registered if a new original registration therefor shall be re~gair- ed. Tne See for ro-registration of a motor car under Class A already re- gistered mx account of a ohange of owner or on account of a change in the description of suoh motor car shall be $3.00, which shall Include the cost of two number plates to be furnished. by the Sheriff, if the same be required. The fee for annual re-registration under Class A shall be $3.00, which shall include the cost of two number plates to~ be furnished by the Sheriff. Class B. For all vehicles in Class $ the fee for original registration shall be $2.00, which shall include the charge for two number plates to be furnished by the Sheriff; provided, however, that such fee shall be $1.00 for any such vehicle which is already registered if a new original regis- tration therefor shall be required. The fee for all re-registrations of a vehicle under Class B on account of a change of owner or on account of a change in the description of such ve- hicle~ shall be $L00. The fee for the annual re-registra- tion shall be $1.00 which shall include the charge to be made for two num- ber plates to be furnished by the She- riff. Classes C and D. No fee shall be charged for original registration. No annual regis[ration shall be re- quired. 6ec[ion 24. CHATIFFELJ£.S' CER- TIFICATES ALREADY ISSUED TO EXPIRE IN SIX MONTHS. All Chauffeurs' Certiflcates heretofore is- sued shall be and are hereby declared to be in force as ternpornry Chauf- feurs' Certificates fio~r a Deriod oP six mbnthe from tT.e Limo this Ordinance goes into effect. The holders of such Chauffeurs' Certiflcatos shall obtain permanent Chauffeurs'Certificates upon applying therefor ou or before such term shall have expired i^ ronformity with the provisions of this Ordinance and the payment of an examination fee re- quired Lox the issuance thereof. Section 25. VIOLATIONS - PLJN- ISHM]!;NTS. Any person violating any of the provisions of this Ordi- nance ehe.l] be pnnislred by a fine of ^ot less than $5.00 and not more than $500.00. The Cmrrt having 7nriediction of any charge brou;;ht under this Ordi- nance, in addition to the penalty above sot forth, may upon the mo- tion of the prascentlng officer, cancel the Chauffeurs' Certificate oC any per- son found guilty under this Ordinance in which event the Court shall fis a period, not exceeding twelve months, wherein such person shall not be e~n- titled to receive a new Chav ffecrs' Certificate. Section 26. SHORT TITLE. This Ordinance shall bo known by the shart title as the "Motor Car Refiia- tration Ordinance." Section 27. ORDINANCES RE- PEALED. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section 28. WHEN TO TAKE EF- FECT. This Ordinance shall take ef- fect thirty days from and after the date of its approval. Introduced by: (Signed) EUGENE H. LYAlAN, Supervisor. Date of Introdn etion. .Inlp 9th, 19]6. ADOPTED AND APPROVED: AII- GUST 7th, 19]5. BY THE BOARD OF 5L7PERVISORS OF THE COL7NTY OF HAWAII SAMi7EL IZAUHA NE, Chairman end Executive Officer. ATTEST: A, A. HAPAI, County Clerk.