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HomeMy WebLinkAboutORD 1919-084~,. Ordinance No. 84 .ln Ordinance amending Ordinance No. GI, as nmcnded by Ordinwrce 68, 72 xmd 77, relating to Regis- trmtion and Identiftcation of Mot- oe Curs and Motor Cycles, the Ex- amination and Issuance of Cer- tificates to opnrutu Motor Cars and Motor Cycles, and providins penalties for tho violatimr thcre- oP, and repealing all Ordinances in conflict herewith. BE: IT ORDAINED BY THE ROARD OF SUPERVISORS OF THE COUNTY OF HAWAII: SECTION I. DEFINITIONS. The definitions used in the "Traffic Ordin- ance" shall apply to this Ordinance. SECTION 2. REGISTRATION OF MOTOR CARS AND MOTOR CY- CLES. No motor car or motorcycle operated on any street, public high- way or place, unless the same shall have been registered in accordance with the requirements of this Ord- inance or any amendmenC thereof. The Provisions of this section shall nut apply to any motor car or motorcycle owned by anon-resident cf this County while sojourning with- in this County, during a period of thirty (30) days, provided the own- er thereof has complied with any law squiring the registration oP a motor car or motorcycle in force at the place of his residence and provided furthor that a registration number and some distinguishing initial or designation of the jurisdiction where- in such motor car or motorcycle has been registered shall be displayed on such motor car or motorcycle. The requirements of this section shall not be applicable Co any motor car or motorcyelo owned or controll- ed by the United States or an offi- cer or employee thereof, while oper- ated by such person in the course of official business. This Section shall not be conetruod to exempt any such person ur his motor car or motor- cycle while the same is used for pur- poses other than official business. SECTION 3. APPLICATION FOR REGISTRATION OF MOTOR CARS OR MOTORCYCLES. The owner or Person in control of any motor car or motorcycle shall apply to the sher- iff for the registration oY such mo- l.or car or motorcycle, re-registration or fur a change or transfer in the ownership or description oY such motor car or motorcycle. SEC'f10N 4. CLASSIFICATION OF APPLICANTS AND APPLICA- TIONS. Applicants and applications shat] be divided into Lhree classes. as follows: A. APPlications by owners oY mo- tor cars not otherwise classified here- in. B. APPlication by owners of motorcycles. C. Applications by dealers in mo- tor cars or motorcycles, repair shops or garages. APPLICATIONS TO CONCERN WHAT Classes A and B. The application by any person under Class A or B shall contain a statement of the full name, place oY residence and ad- dress of the applicant, with a brief description of the vehicle, including the name oY the maker,~nuxnber, if any, affixed by the maker, the char- acter of the motor power, the amount of such motor power, stated in figures ae to horse power, style of vehicle and weight. t[Jlaea C. The application for reg- istration of motor cars or xnator- cycles by dealers, repair shops and garages, shall contain a statement of the name, place of business, and poet office address of the dealer, re- pair shop or garage applying for registration, with a brief description of the classes of motor cars or motor cycles operated or to be operated by him. The applicant shall deposit the registration Yee with the applica- tion. SECTION 5. REGISTRATION NUMBER. (a) The sheriff shall register in a book or a card index system to be kept for that purpose the motor car or motorcycle described in the ap- plication, and the make oP motor care or motorcycles described in a dealer's, rel>air shop or garage appli- cation. (b) The Sheriff shall give to each applicant a distinguishing registra- tion number. (c) No more khan two series of numbers shall be issned, one for mo- torcycles and another for all other motor care. (d) So far as practicable the ap- plicant shall be assigned a number hitherto assigned to him, upon re- quest to do so. (e) The distinguishing nwuber shall be described in the following classification: Class A (Motor Cars) shall be marked by a distinguishing nuuxbor, prefixed by the letters "HAW" and suffixed with numerals indicating the year. Claaa B (Motorcycles) shall be distinguished by the totter "A° Pre- fixed Lo the ntnneral registered, and shall be prefixed by the letters "HAW" and suffixed with nwneruls indicating the year in addition there- to. SECTION (i. CERTIFICATE OF REGIS'~RATION SHALL BE ISSU- ED. The Sheriff shall give to each applicant a certificate of registra- tion containing the date of regis- tration, abrief description of the mo- tor car or motor cars, motorcycle or motorcycles, the name oP the per- son, firm or corporation registering such motor car or motor cars, mo- torcycle or motorcycles, and the reg- istration ^umber assigned to each such car or cycle. SECTION 7. NUMBER PLATES ISSUED BY SHERIFF. Upon regis- tration or re-registration annually or otherwise, the Sheriff shall Isaac and deliver to each owner oY a motor .car under Class A two number plates of uniform flize, color or design; un- der Class B two number plates oY uniform size, color and design, and under Class C as many ollicial plates as such dealer, repair shop or gar- age may apply Yor to be used on env mat nr nor or motorcycle belong- ing to such dealer, repair shop or garage. The color of such plates shat] he changed Yrom 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 and C shall be oY 4-inch Arabic numerals. The plates for Class B shall be of appropriate size, containing Arabic numerals not less thou 2 inches in height. The owner of each motor car or motorcycle so registered under Classes A and B shall display and keep displayed ono (1) of said num- bered plates upon the front and one (Y) upon the rear of said motor car or motorcycle, in such positions that same can at all times be plainly seen. And under Class C swirl number- ed plates shall be kept displayed ae herein described ou any motor car or motorcycle such dealer, repair shop or garage may operate and (or) use. SECTION 8. RE-REGISTRATION ti NDEP. CLASSES A AND B. Re- registratdon oP motor cars or motor- cycles shall ba required under the conditions sot forth in this section. In Classes A and B, whenever there is a change of ownership, or a change in the description of a motor ca.r or motorcycle operating under a registered number, it shall be un- lawful to operate such motor car or motorcycle unless the same be re- rogietored, eo as to indicate the change in the name of the owner, or the Change in the description of the motor car or motorcycle so operated under the registered number. The said re-registration may be made under the original number. SECTION 3. CERTIFICATES OF I.EGISTRATTON TO EXPIRE- `.VHEN. All certificates of regiatra- 1io^ issued as of July let, Y919, shall expire on the 31st day of De- cember, 1919. SECTION 10. REGISTRATION 'PO CONTHCUE UNTIL JANUARY 1, 1920. I27:-REGISTRATION ANNU- AI,T; ::'. ABANDONEll NUMBER RE- ISSUETA-WHEN. The registration nr ro-registration of motor cars or motorcycles under Classes A, B and O ae of duly ]st, 1919, shall continue Lo Jan unry 1st, 1920, and thereafter :e!1 such meter cars and motorcycles shall be re-registered annually. Ex- rcpt where the ownership or descrip- tion oY such rnutot' car or motorcycle changes befm~e the date of annual re- registration. Al] annual re-registration shall be made during [be month of January in each year. Whenever a motor car or motor- oyele under Close A, B and C, has not been re-registered a5 required by this section, and for thirty days LhereaYter, the registration number thereof shall bo deemed to have been abandoned ny the person to whmn it had been issued and thereafter he or she shall have no claim to the use oY said number. Thereafter such Person shell not be entitled to opor-~ ate such motor car or motorcycle ex- cept under a neu number. The Sher- iff tnay assign s~,ich abandoned num- ber to a diGerent person. SECTION 11. CERTIFICATES. EXAMINER. Tho Sheriff shall from time to time appoint one or more competent Persons who shall be in the regular employment oY his de- partment to examine into the quali- flcntions and fitness oP any person ~.vho may desire to secure a certifi- cate to operate any motor car or mo- torcycle. Provided, however, in case iC shall bo impossible for the Sheriff to make his selection for appofnt- meut Yrom among the regular em- ployes oY hie said departxnent, he may appoint any other competent person cr persons. Any person appointed for the purpose specified shall be known as Esaminer oP APPlicante to operate motor cars and motorcycles. The Examiner of Applicants to op- erate motor cars and motorcycles is herein referred to by the brief title oP ^Examiner." SECTION 12. CERTIFICATED PERSONS ONLY TO DRIVE. No motor car or motorcycle shall be op- erated on any street, park or public place by any person unless such per- son shall have first received a Cer- tificate certifying that he is compe- tent to operate a motor car or motor- cycle, nor shall such person operate any motor car or motorcyole except the type or class of motor car or mo- torcycle specified in the Certificate held by such person and obtained up- on the terms and in accordance with the requirements of this Ordinance. Provided, however, that Yhis Section shall not apply to anyperson who is learning to operate a motor car or motorcycle while accompanied in the same by the Examiner or by a person holding a certificate issued under this Ordinance, who is acting as a teacher oY such person so learning to operate such motor car or motorcycle. SECTION 13. RE(,x,UIP.EMENTS OF APPLICANTS. Each applicant shall conform to the Yellowing re- quirements: 1. He or she shall be not less than sixteen years of age; provided, however, that this provision shall not apply to any person under the age oY sixteen years who already holds a certificate 1E required to make appli- cation for a now certificate. 2. He or she shall be familiar with the tertna of the "Trathc Ordin- ance," the "Speed Ordinance," and of this Ordinance, and of any amend- ments thereof; 3. He or she shall not have any defect of sight, oP hearing, or mus- cular control or other defects, phys- ical or mental, which will prevent his operation of a motor car or motorcy- cle with safety. He or she shall have the use oY both arms sufficiently to control a motor car or motorcycle. He or she shall have sufficiently good eyesight to be able to avoid danger. 4. He or she shall not be a per- son oY reckless disposition. 5. FIe or she shall demonstrate in the presence of the Examiner that he or she can start, stop change speed by various means provided therefor, reverse, bark and turn a motor car or motorcycle, both slowly and suddenly, and generally shotw ability for quick and decisive hand- ling oP a motor car or motorcycle to avoid collisions and other emergen- c1ea. 6. He or she shall be a person who is not addleted to the excessive use of intoxicating liquors. He or she shall be a person who has not been con- victed 4or drunkenness 4or a Period oY one year prior to the time of his or her a,pPlication. 7. It shall be unlawful 1'or any person to knowingly operate a xno- for car or motorcycle in any street ,i or Public place while disqualified by reason oP any defects stated in this section. 6ECTION 14. APPLICATION FOR CERTIFICATE. Every person who shall desire a oertificate shall apply Yor the same to the Examiner upon a blank to be provided by the Sheriff, setting forth in such appli- cotton, duly verified upon oath, the facto required to be stated therein in accordance with this section. The application shall state: 1. His or her name 1n Pull. 2. A statement that the appli- cant fa slateen years oY age Or over; or his or her actual age; provided, however, that this application shall not apply to any person under aix• teen years of age who already holds a certificate. 3. The sex oY the applicant. 4. His or her natlonatity; 5. His or her occupation and local address; 6. The experience oY the appll- caht 1n operating motor care or mo- torcycles stating: (a) The length of time during which the applicant has operated mo- tor care or motorcycles. (b) Whether the applicant la an amateur or professional operator. (c) The name or places where the applicant has operated motor cars or ' motorcycles; (d) The kind of motor cars or motorcycles operated; (e) The motor power of the motor cars or motorcycles which the appli- cant has operated, and (P) That he knows of no defects of eight, of hearing, of muscular con- trol or other defects physical or men- tal, whfch will prevent his operation oY a motor car or motorcycle with safety. If the applicant claims that he or she ie properly able to manage a mo- tor car or motorcycle notwithstand- ing some defects, he or she shall ex- plain how he or she is able to man- age the same notwithstanding such detect. 7. He or aka shall state, (a) The style oP motor car or mo- torcycle which he or she wishes to operate sad, (b) The kind of power used in pro- - polling thesame. SECTION 16. APPLICATIONS TO BE FILED-HOW. The application made under this Ordinance shall be filed in a book or index cabinet to be Furnished by the Sheriff Yor that purpose. Such record shall be open at all times during reasonable buai- neas hours Yor inspection by the offi- cials oY the County o4 Hawaii or any police officer thereof. Such record shall be furnished to the Sheriff Por preservation by him upon the expir~- lion of the term oY office oY the Ex- aminer. SECTION 16. EXAMINATION OF APPLICANT-DUTY TO EXAM- INE PROMPTLY. Upon receipt oP the application, the Examiner shall examine the applicant promptly con- cerning hie knowledge of the type of motor care or motorcycles which be or she desires to operate. He shall {' also determine by practical Lest that Che applicant possesses the qualifica- lion required by this or any Ordin- ance hereafter enacted governing cer- tifioate without a bona tide investf- gation of such qualiflcatione. Pro- vfded, however, that fY the Examin- er shall have reason to believe, Yrom the application Or Otherwise, that the applicant is subject to any defects stated in Sectfon 13, whfch may dis- qualify him or her from operating a motor car or motorcycle with safe- ty, he may r.squire the applicant to furnish a certificate Prom a physi- cian stating that the applicant has been examined by such physician and that he hoe found no such defects is the applicant which, in his opinion, disqualifies the applicant. SECTION 17. SCOPE OF EXADI- INATION. Each applicant fora cer- tificate shall be examined generally eonceruing all appliances o4 the type of motor cars or motorcycles which he or she desires to overate and con- cerning the starting, turning, stop- ping, and the means oY operating the same; and such applicant must show good knowledge of and acquaintance with the type oY motor car or motor- cycle to be operated and their meth- od of operation under all conditions. (a) Upon the applicant's having shown to the Examiner that be or she fs a suitable person to operate the type of motor car or totorcycle he or she desires to operate the Ex- aminer shall issue to such applicant a Temporary Certificate signed by him. Such certificate shalt be Kood for a period of four months from the date of issue and shall contain Che date of its issue, the name, nationality, sex and age of the person examined by the Examiner and shall certify that such person has been founu com- petent to operate (1) a motor car or ~motoroycle propelled by steam power or (2) a motor car or motm'- cycle propelled by electricity or (3) a motor' car or motorcycle propelled by gasoline or other power o4 a sim- ilar oharacter or (4) that such per- son is competent to operate motor cars or motorcycles of types propell- ed by two or more of the said enum- erated kinds oY power. At any time within the said period oY four mcuthe a Temper ry Cer- tificate shall be cancelled by the Ex- aminer if the person holding such Temporary Certificate ie found to be careless, or operating a motor car or motorcycle while intoxicated or involved in an accident through the unskillful handling of a motor car or motorcycle or disregarding the rules, regulations and ordinances of the Couaty pertaining to motor cars or motorcycles. Any person whoss temporary certi- ficate hoe beau cancelled by the Ex- aminer shall not be entitled to a re- examination Yor a certificate Yor a period of three months from the date oY the cancellation of hie or her tem- porary certificate. SECTION 18. CHARACTER OF CERTIFICATE. PER M A N E N T CERTIFICATE. Any person holding a temporary certificate shall, when such certificate expires, apply to the Examiner Yor a Permanent Certlfl- cate and if the Examiner finds such person to have been a careful and cmnpetent operator oP motor cars or motorcycles, and to have observed the rules, regulations and ordin- ances oY the County pertaining to motor cars or motorcycles, he shall issue to such person a permanent cer- tificate signed by him. Such certifl- Cate shall contain the date of its is- sue, the name, nationality, sex and age oP the person examined by the Examiner and shall certify that such person has been found suitable to operate (1) a motor car or motorcy- cle propelled by electricity or (L) a motor car or motorcycle propelled by steam power, or (3) a motor car or motorcycle propelled by gasoline or other power oY a similar character or (4) that such person is competent to operate motor cars or motorcycles of types propelled by two or more of [ho said enumerated kinds of power. 'There shall be no fee charged for the examination for a permanent cer- tificate. SECTION 19. CERTIFICATE TO I:D PRODUCED-WIZEN. Any par- son to whom such certificate has been granted shall produce to the Exam- iner or to any police officer, within a reasonable time after being re- quested so to do, such certificate for inspection by hirx. 1'he failure to produce the same within a reasonable time after demand shall be prima facia prooY that no such certificate has been granted. SEC1`ION 20. FEE FOR EXAM- INING AN APPLICANT. 'phe fee for examining au applicant fora cer- tificate to operate a motor car or mo- torcycle shall be deposited with the application in the hands of the Es- aminer who shall pay over the same to the SheriYY immediately. 1`ha Yee Tor examining an appli- cant for a certificate to operate a utotorcyele shall be $2.00, anti Yor csamining an applicant for a cer- tificate to operate any other motor car shall be $5.00; provided, how- ever, that in case of loss of any such certificate, the fee shall bo $1.00 for renewal thereof. SECTION 21. FEES FOR REGIS- TRATION, RE-REGISTRATION AND 7`RAN5FER REGISTRATION. Class A. Fur all motor cars in- cluded in Class A, Lhe fee Yor orig- inal regisration shall be $5.00 which shall include the charge for two num- ber Plates to be furnished by the Sheriff. The fee for re-registration of a mo- tor c.ar registered under Class A on account of a change of owner or on account of a change in the descrip- tion of such motor car shall be $3.00, which shall include the coat of two number plates to be furnished by the Sheriff, it" the same be required. The fee for annual re-registration of a motor car under Class A shall be $3.00 which shall include the charge for two number plates to be furnished by the Sheri&. Class B. For all vehicles in Class B, the fee for original registration shall be $2.00, which shall inolude the charge for two number plates to uc furnished by the Sheri. The Yee for all re-registrations oY a vehicle nnricr Class B on account of a changa of c•:vr:er or on account of a change in the description of such vehicle seal] Ue $1.00. The Yee Yor annual re-registration nY a vehicle under Class B shall be $1.00 which snail include the charge to be made fc ,n,ro number plates to be furnished by the SheriPE. The Tee ror issniug each regis- tration number to a dealer, repair shop or gars^~~ °ndtr Class C. shall be Sve dolls rn ,$5.00) which shall include the charge Yor rivn number plates to be furnished by the SherlfP. The fee for re-issuing each regis- tration number annually shall be five dollars ($6.00), which shall in- clude two (2) number plates to be furnished by the SheriP£. No fee shall be required Yor the registration, re-registration, or trane- Yer registration of motor cars or mo- torcycles by the Territory of Hawaii; or any municipal sub-division there- of. SECTION 22. PLATES, NUM- IlERS, ISSUE OF. No plate shall be issued and delivered to any person, dealer, repair shop or garage, having a number or numerals greater than registNation numbers issued and de- liver ed. SECTION 23. FEES, REGISTRA- TION, RE-REGISTRATION AND TRANSFER REGISTRATION FOR THE SIX MONTHS ENDING DE- CEMBER 31st, 1919. The fee Yor the registration, ro-registration and transfer registration of motor cars or motorcycles from July 1st, 1919, to December 31st, 1919, shall be one- half (x/a) of the annual fee herein provided. SECTION 24. VIOLATIONS. PUNFSIiMENTS. Any person violat- ing any oY the provisions oY this Ord- inance shall bu punished by a fine of not less than $5.00 and not more than $50.00. The Court having jurisdiction of any charge brought under this Ord- inance, in addition to the penalty above set forth, may upon the mo- tirr, of the prosecuting officer, can- cel the certificate oY any person found guilty under this Ordinance in which event the Court shall fix a period not exceeding twelve months, wherein such person shall not be permitted to receive a new certificate. SECTION 26. ORDINANCES RE- PEALED. All Ordinances and parts oY Ordinances in conflict herewith are hereby repealed. SECTION 26. WHEN TO TAKE EFFECT. This Ordinance shall take elfect ten days from and after the date oY its approval. Introduced by: (Signed) EUGENE H. LYMAN, Supervisor 1st Representative District. Date of Introduction, May 4th, Isis. Adopted and Approved, May 4, 1919. By the Board of Supervisors oP the County of Hawaii. (Signed) SAMUEL KAUHANE, Chairman and Executive OfRcer, Board oP Supervisors, County oY Hawaii. Attest: (Signed) A. A. HAPAI, County Clerk, County oY Hawaii. [SEAL] ..~