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HomeMy WebLinkAboutORD 1933-104'"rt D ~•~ 1 I m~ / ~ / ' ! ~ ~ A / r I ~ COL`NTY OF HAWAII, TERRI- TORY OF HAWAII CiRD1NANCE N0. 104 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS AND HIGHWAYS OF THE COUNTY OF HAWAII AND REPEALING ALL OTHER ORDI- NAN:7ES IN CONFLICT THERE- WITH, 1T IS ORDAINED HY THE BOARD O F SUPERVISORS, COUNTY OF' FIAWAII, AS FOL_ LOWS: ARTICLE I l2efinitions sccTloN I. Wherever in this Ordinance the fo'.lewing terms arc used, they shall have tYxe meanings respectively ascribed tc Cho_n in this sootion_ Street or Rightvay. Every way or place of whatever nature open to the use eY tha public, as a mat- ter of right, or customary usage, fir the purpose of vehicular travel. PrivaLc Road ar Driveway. Every road or driveway noG open to the of the pubLC for purpasea oP vehicular travel. Ro2dtva?. That portion of a stx Bet ar hi~htvay between the re;ularly establisi~ed curb lines or that Fart tnadc available for the usa of vehicular have]. Sidewalk. Thzt portion of a sttcet betweca the curb lines and Ch^ adjacenC property lines. intersection. The area embraced within the prolongation of the lat- eral curb lines where one street or highway runs into another, or, if not marked by curb lines, then of the lateral boundery lines of two or more struts or highways which join one another at an angle, whether or not in any case cue such street or highway crosses the other. CrosswaEk. 'Phut portion of a. roadwa-~ ordinarily included within the prolongatio t of curb and prop- ea~ lines aG intersections, or any ott~cr portion of a roadway clearly indicated for pedesteian crossing by ]Ind or otl±cr markings on the sm7a ce. Veh idc. Every device in, upon or 6y which any person er property is cr may b^ transported or drawn upon a pub!'c highway, except do- vice; movc9 by human power or used exolnsiv^_7y upon statlonaxy rail=. or Modes. Motor Vchic!e. Every vchle'. e, as herein defined, which is self pro- ce!led. Avthorired Emer¢enav Vehicle, Vehicles of the Fire Department, police vehicle.5 and such ambulan- c~s and cmorgenev vehicles oP mu- nicipal departments or public serv- ice corpora tons as are designated or authorized by the Board of Sunervf-ors. Pedcsb'an. Any person afoot. Oneratnr. App perron who is in actual physics] control of a vehicle. Traffic. Pedestrians, ridden or herded animals. vehicles and other convepanres either singly or to- gether while using any street for purpose of travel. Right-nP-Way. The privilege of the immediate use of the street or higlnvay. Parkin?. 'Phc standing of a vehi- cle, whether occupied or not, upon a roodwav, otherwise than tempor- arily for the purpose of and while actuaIlV e7gaged in loading or un- loading, w in obedience to traffic regulations or traffic signs or sig- nals. Business District. A "Business District" for the purpose of this Ordinance shall mean the territory contiguous to the public highway when fifty (50) per cent or more of the frontage thereon fora dis- tance of three hundred 1300) feet m~ more is occupied by buildings in ltse for business.- Reaideuce District. A "Residence Dstrict" for the purpose of this Ordinance shall mean the territory contiguous to a public highway not comprising a business district, as defined herein, when the property fronting on said highway fora dis- tance of not less than one quarter of s mile is oocapied by dwelling houses or business structures which are not more than an average dis- tance of two hundred (200) feet apart. Official Traffic Signs. All signs, markings and devices, other than signals, noC inconsistent with this Ord'n_ance, placed or erected pur- suant to this Ordinance, far the purpose of guiding, directing, warn- ing or regulating traffic. Official Traffic 9ignmis. Al] sig- na's, not inconsistent with this Or- dinance, Dlaced or erected pursuant to this Ordinance, Por the purpose of directing, warning or regulating traffic. Traffic Control Signah Any de- vice, whether manually, electrically or mechanically operated, by which haffte is alternately directed to stop .and proceed. Pol%ce Officer. Every officer of the Co'anty Police Departan eat or any officer authorized to direct or re- gulate traffic or to make arrests Por violatio'as of traffic regulations. Through Streets. Any highway, or part thereof, at which signs re- quire Beery crerator to bring his vehicle to a Sull stop before enter- ing ar crossing, except when tralf!e is contro'.led by officers or signals Eos Station. Any parking area provided far the eacLUSive parking of busses. ARTICLE I[ Au±hority Of Police ' SECTION ?.. POLICE TO DIRECT TRAFFIC. It shall be the duty oY the Police Department of this County to en- force the provisions oP tMS Ordin- ance. Officers of the Police De- partment are herebv authorized to direct a71 traffic either in person ar by mans of visible or audible signal in conformance with the provision; of this Ordinance. pro- vided that in the event of a fire or other emergency or to cxnedite traffic or safeguard pedestrians during such emergency, officers of the Police or Fire Department may direct traffic, as conditions may then require. notwithstanding the provisions of this Ordinance. SF.CTTOu 3. SUF.RIFF AiiTHOR- Y7,F!D TO ADOPT EMERGENCY REGITLATIONS. The Sheriff is Ix reby empowered to make and enforce temporary re- gulations tc roger emergencies or spcc~a] conditions as Lhey arise from time to time. SECTION 4. OBEDIENCE TO PO- LICE. It shall be unlawful for any per- son to xofuse or fail to comply with any lawful order, signal or direc- tion oP a police officer, or any other person lawfully authorized by this Ordinance to direct traffic. SECTION 5. PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULA- TIONS. The provisions of this Ordinance shall apply to the operator of any vehicle owned by or used in the service of the U. S. Government, this Territory, County or City and it shall be unlawful Yor any such operator to violate any of the pro- visions of this Ordinance, except as otherwise permitted in this Or- clinance. SECTION 6. EXEMPTIONS TO AUTIIORIZED EMERG E N C Y VEHICLES. The provision; of this Ordiance regulating the movement, parking and standing of vehicles shall not apply to authorized emergency ve- hicles as defined in this Ordinance while the operator of such vehicle is operating the same in an emer- gency in the necessary performance of public duties. This exemption shall not, however, protect the op- erator o[ any such vehicle from the consequences of a reckless dis- regard of the safety of others Any person who shall operate an emer- gency vehicle contrary to the pro- visions of this Ordinance at a time when no actual emergency exists shall be guilty of a violation of this Ordinance. SECTION i. REGARDING EMER- GENCY VEHICLES. (a) Vehicles oY the Fire Depart- ment when going to or on duty at, or returning from Sre or alarm, aand all ambulances, whether of a /public or private character, and all other vehicles when cmployed~ in carx•,yhig sick or injured persons to hosp€tals or other places for re- lief or treatment, and doctors' auto- mobiles when the doctor is occu- pying the same and responding to an emergency call, and vohicles of the Police Department, shall have the right of way over al] vehicles or persons on any highway, and through any Procession ,except over vehicles carrying the United Staten mail; and when vehicles of the Fire Department or Police Department are responding to a Dail all other vehicles shall came to a standstill as near to the right curb as pos- sible in the direction being+Itravel- ed by such vehicles until the ve- hicles of the ;'ire or Police Depart- ment shat have passed, and no vehicle shalt come to a standstill on any highway except near to the right rur6 as provided above, and far enough away from an inter- secting highway to allow the vehi- c'.es of the Fire or Police Depart- ment to safely turn. thy) Every vehicle of the Fire Department, every Police Patrol and every ambulance whether oP a public or private charac- ter, shall be plainly marked to designate its character, and shall b= provided with a distinguish- ing sound signal device to be approved by the Board of ffitpcr- vieors. Until so designated any such vehicle shall nol, be given the right-'~ of-way aforesaid. (c) All ambulances or private vehicles used for carrying the sick or injured, or doctors automobiles shall not have the right-of-way as described, unless the driver ar per- son in control the: eof shall cause to be sounded wntinuously while claiming such right-of-way, some adequate sounding device, as a warning of the emergency charac- ter of its business. (d) Any person who shall oper- ate anv oP the emergency vohicles in violation oC the Px'ovisions of this ordinance at a time when no emergency actually exists steal] be guilty of a misdemeanor and pun- ished as by this ordinance provided. (e) The vehicle driven by a doc- tor shall display in at least two conspicuous plarzs, one in the front and one in the rear of such vehi- c-e, the sign of a "green cross" the same to be not less than flue inches in height and oP proportions] width pajntcd in green, a white back-ground, or an "American Medical Association" radiator em- blem green cross, with the aescu- ]apian staff and the initials "M.D.", same to be not less than three and one-half inches in diameter. These exemptions shall not be construed to permit reckless driving at any time. SECTION 8. PERSONS PROPEL- LING PUSH CARTS OR RID ING BICYCLES OR ANIMALS TO GREY TRAFFIC REGULA- TIONS. Every person propelling any push cart or riding a bicycle or an ani- mal upon a roadway, and every person driving any animal, shall be subject to the provisions of this Ordinance applicable to the opera- tor of any vehicle, except those provisions of Chia Ordinance which have referenco to the equipment oY vehicles and except those provi- sio:xs which by their very nature can have no application. ARTICLE III Traffic Signs And Signals SECTION 9. TRAFFIC SIGNS AND SYGNALS (a) The Board et Supervisors shall by resolution determine and designate the character or type oP al] pfficial t. affic signs and sig- nals. 6ub'ect to this selection, the Sheriff is hereby authorized, and as to those signs and signals re- quired Hereunder, it shall be his duty, to place and maintain or cause to be placed and maintained all official traffic signs and signals. All signs and signals required here- under for a particular purpose shall so far as practicable be uni- form as to type and location throughout the county. FE^TLON 111. OBEDIENCE TO 'CRAFFIC SIGNS AND 67GNAL6 It shall he unlawllU for the oper- ator of any vehicle to disobey the instructions of any official traffic sign or signal placed in accordance with the provistos of this Ordin- ance, unless otherwise directed by a police officer. SECTION 11. STOP SIGNS The Sheriff shall, and is hereby authorized to, establish, and shall thereafter maintain, stop signs of a suitable character or type at all street intersections where side street= intersect Lhrough streets and any other street intersection he may deem advisable. SECTION 12. DISPLAY OF UN- AUTHORIZED SIGNS A N D SIGNALS PROHIBITED. It shall be unlawful for any per- ::on to place or maintain or to dis- play upou or in view of any street any m:official si3'n, signal or device which purpm~ts to be or is an imi- tation of or resembles an officiaA traffic sign or Stgna7, or which at tempts to d]rect the movement oP traffic or which hides from view pr interferes wxUh the effectiveness pf any official sign or signal. Every st;ch prohibited s'gn, signal or de- vicc is herebv declared to be a public nuisance, and the Sheriff is hereby empowered to remove the same, or cause it to be removed, without notice. :'RCTiON 13. INTERFERENCE WTT1Y SIGNS AND SIGNALS PROIHBITED. It shall be unlawful far any per- son to wilfully deface, injure, move, obstruct nr interfere with any of- ficial traffio sign or signal. SECTION 14. 51lERIFF AUTHOR- IZED T~D DESIGNATE CILOSS- WALKS. The Sheriff is hereby authorized to establish and to designate and shall thereafter maintain, or cause to be maltnameq, by appropriate rievices, marks or lines upon the surface of the roadway, crmswalks at intersections where, in his opin- ion, there is particular danger to pedestrians crossing the roadway, and at such other planes as he may deem necessary. SECTION 15. SHERIFF AUTHOR- 7LED TO DESIGNATE SAFETY 7,ONES AND LANES FOR TRAFFIC. The Sheriff is authorized to mark lanes for traffio on street pave- ments at such places as he may deem advisable, consistent with the provision of this Ordinance. SECTION 16. LEFT TURNS PRO- HIBITED. (a) The operator of a vehicle shall not make a left turn between any intersections on any of the following streets of the city of Hilo, except as hereinafter pro- vided: (ll..Keawe Street. (2) Kilauea Avenue between Ma- mo Street and Piopio Street. (3) Kamehameha Avenue between Shipman Street and Kilo- hana Street. (4) Waianuenue Avenue, from Kamehameha Avenue to the road leading into the Hilo Jail. (5) Wainaku Avenue, from the bridge to Halaulani j?lace. (0) Puuep Street. (7) Kinoole Street. (S) Kapiolani Street. (9) Haili Street. (lOJ Kalakaua Street. <b) The provisions of this section s!xall not apply to an operator of a motor vehicle who desires to make a ]eft turn within these re- stricted areas for the purpose of enteriug a private driveway, a pub- lic or private garage or warehous¢. It is provided, however, that before making any such left turn within such rsetrieted areas the operator shall bring the motor vehicle to a full ston and sha71 then proceed only after giving the proper sig- nal indicating, a ]eft turn, ARTICLE IV Pedestria±ts' Rights And Duties SECTION 17. PEDESTRIANS' RIGHT OF WAY. (aJ THe onerator of any vehicle shall yield the right of way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at the end of a block, except at inter- sections where the movement of traffic is being reguated by police officers. ib) Whenever any vehicle has stopped at a marked crosswalk or at any intersection to perm'i a pedestrian to crass the roadway, it shall be unawful Lpr the onerator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle. (c) Every pedestrian crossing a roadway at any point other than within a marked or unmarked cross- walk shall yield the right-oP-way to vehicles upon the roadway. id) The provisions of this section shall not relieve Lhe operator of a vehicle or the pedestrian from the duty to exercise due care. SECTION 1R. PEDESTRIANS' RIGRTS AND DUTIES AT CON- TROLLED INTERSECTIONS. At intersections where traffic is controlled by police officers, opera- tors of vehicles shall yield the rig'ht- of-way to pedestrians crossing or throe who have started to cross the roadway on "GO" Signal, and in all other cases pedestrians shall yield the right-of-wa-y to vehicles law- fully proceeding directly ahead on °GO" Signal. SECTION 19. PEDESTRIANS TO USE RIGHT }IALF OF CROSS- WALKS. Fedestrians shall move, whenever practicable, upon Lhe right half of crosswalks. SECTION 20. BOARDING OR ALIGHTING FROM VEHICLES. It shall be unlawful for any per- son to board Or alight from any vehicle while such vehicle is in mo- tion. SECTION 21. UNLAWFUL RID- ING. It shall be unlawful for any per- son to ride on any vehicle upon any portion hereof not designed or in- tended for the use of passengers when the vehicleis in motion, This provision shall not apply to an em- ployee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. ARTICLE V Stopping, Standing And Parlring SECTION 22. STOPPING PROHI- BITED IN SPECYFIED PLACES. It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle in any of the following places, except when nec- essary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal: (ll Within an intersection. (2) On a crosswalk. (3) Within twenty-five (25) feet from the intersection of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines at an intersection, except at alleys. (4) Within twenty-five (25) feet upon the approach to any stop sign. (5) Within fifteen (15) feet oY the driveway entrances to any fire station. B) Within fifteen (15) feet of e fire hydrant. (7) In front oP a private drive- way. (R) On a sidewalk. (9) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. (30) On the roadway side of any vehicle stopped or parked at the edge or curb of a street, except that this provision shall not include United States mail delivery cars engaged in delivering or picking up mail. (ill At any place where official traffic signs have been erected in conformity with this ordinance pro- hibiting standing and parking. SECTION 23. S'PANDING FOR LOADING Oft UNLOADING ONLY IN CERTAIN PLACES. (a) The Board of 6upervisors shall by resolution designate the location of passenger zones and loadiug zones and shall erect and maintain or cause to be erected and maintained appropriate signs indi- cating the same. (b) It shall 6e unlawful for the operator of a vehicle to stop, stand or park said vehicle for a period of time longer than is necessary Por the expeditious loading or un- loa.ding of passengersTin any place marked as a passenger zone. (c) It shall be unlawful for the operator of a vehicle to stop, stand or park said vehicle for a period of time longer than is necessary for the expeditious loading or un- loading oT passengers, or for the unloading and delivery or pick up and loading of materials, in any place marked as a loading zone. In no case shall the stop for loading and for unloading of materials ex- ceed thn~ty (30) minutes. SECTION 24. BUS STATIONS AND BUS STOPS. (a) The following parking areas are designated as bus stations: (1) On the makai side of Ka- mehameha Avenue between Shipman Street and Wai- anucnue Avenue. (2) On the Puueo side of Ma- mo Street, from Punahoa Street, mauka. (3) On the makai side of Ka- mehameha Avenue, from Po- nohawai Street to Mooheau Lane. (4) On the makai side of Ka- mehameha Avenue between Manono Street and Kilohana Street. (5) On the Puueo side of Po- nohawai Street from Kame- hameha Avenue to Kilauea Avenue. (b) The Sheriff shall and is here- by authorized to establish, and' shall thereafter maiatain, sigxts as herein provided, designating all bus stations. (c) T'ue SherlPf is hereby auth- orized to establish and to designate and shah thereof to maintain, or cause to be maintained, by appro- priate devices, marks or lines upon the surface of the roadway, bus stops, at the Puna end of tho park- ing area in each b1ocY. on the mau- ka side of Kamehamehu Avenue from Shipman Street to Ponohawat Street and at the Puueo end of rho parking area in each black on the ntaL=ai aide of Kamehameha Avenue form Pouohawai Street to Waianu°- uue Avenuq e::cepting that a bus stop snail be provided at the Puna end oP the parl.-ing area cn the mantra side of Kam-hameha Ave- nue b~twesn Halli Street and Pur- ueaux Lane. SECTION 25. OTHER VEHIChES PILOIIIBITED FF.O&I I'ARI{dNG IN BUS STOPS, TAXFCAB STANDS. It shall be unlawful foe the opera- tor of any vehicle other than a bus co stand or pack in any oYficiaily iesignated bus stop, o- bus station c or for any vehicle other than a ta:acab to stand m- park m an off.- cialty designated taxicab stand, ex- cept tl-at the operator of any pass- cager vehicle may temporarily step in an9 s~acS stop station cr stand for the p:u~pase of and while ae- tuaily cnga3ed in the loading or un- loading of passengers. SECTION 26. BTJSSES AND TAXI- CABS PROIFF BITED FROM PAR.K3NG E'"CEPT 7N DESIG- N~9'PE- STANDS. It shall be unlawml for Lac opsa- tor of any bus or taxicab to stand or par!c, exc_pting between the hours of 8:00 P M. mid 12 mid- n!gltt on week daps and between t+r~ L•o~ars of 8:°0 P. NI. and mid- nhat. and beCa~cen midnight and f=:C-:) P. N1. on Guudat+5 and Icgal hoidays, upon any stx'ce'~~in any business di: tract at any p'.ttbe ctY.et' than at a bus stop, bus ataticn or tah:cab stand, c-cept Chat this prc- Vsioa shall not prevent the opera- toc oY any such venioie from tem- ];o_ariiy stooping In ¢ccordanc~ with ether stopping or parking re- gulations at any place for Lhe pur- pose of and while actuakly engaged in laadin; or mIload:ng passeagers_ SEC'PION 2T. P.IRKFNG PROIII- BITEll F2: C'r.RTAIN PLACES. !ai ZL sl!all be unlawful for any operator to step, stand or park any vallele upon s street. Other titan an alley, ir, such a manner or under 5uc~n conditions as to leave avail- able less than ten l10) feet oY the width of the road^ay for free tnovemcnt of vehicular traffic, ex- cept thet an o}-ieratcr may stop tmoorar.ly during the actual load- ing or uulcadirg of Pa.=sengsrs cr when n°ceusary in obedience to trafIi^ regulations or traYiie signs or s=finals or a police officer. tb) It shah be tm'_awhxl for any operator to park a vehicle wahin a public alloy in such a manner or ender such conditions as to leave available less than ten (10) feet of Lhe width of the roadway for the tree movement of vehcular txaffle. tc) It shall b' unlawful for any operator to park a vehicle in front of any showhoase, auditorium or ]:u!lding wi~ere a public gathering is held during the tPme of such a gathering except to discharge or pick up passengers. SECTION eft. PARKING 'TIME L I M Y T E- FN DESIGNATED PLACES. The operator Of a vehicle shall not park suci> vehicle fox longer [Stan one hour at any time, be- tnveen the hcurs oP 7:00 A. M. and G:00 P. M, of any day except Sun- days and public holidays on ary street within the area of the City of Hilo bounded by the following linos: (a) The mauka boundary of Ki- noole Street from its junction with the Puueo boundary of Wailuku Drive to fire Puna boundary of Wai- anuenue Avenue. (b) The Puna boundary of Wai- anueanue Avenue from the mauka boundary of Kinoole Street to the mauka boundary of Keawe Street. (c) The mauka boundary of Ke- awe Street from the Puna Uoundary of Waianuenue Avenue to the in- tersection with the mauka bcund- ary of Kilauea Avenue. (d) T'he mauka boundary of Ki- lauea Avenue from its intersection with the mauka boundary of Keawe Street to the Puna boundary of Fmtahawai Street. le) The Puna boundary of Pono- hawai Street fnm the mauka bcmtdary oY Kilauea Avenue to the makai boundary of Kmnehameha Avenue. (f) The makai boundaxy of Ka- meham_ha Avenue from file Puna boundary of Fenahawai Street to Cite Puueo boundary of Waianue- nue Avenue. (g) The Puueo bcundary of Wai- anuenue Avenue from the makai boundary of Kacnehamehs Avenue to the makai boundary oP Keawe Street. (h) The makai boundary of Ke- awe Street from the Puueo bound- ary oP VJaianueanue Avenue to the Puueo bowtdary of Wailuku Drive. (1) The Puueo boundary oY Wai- luku Drive from the makai bound- ary of Keawe Street to the mauka Uoundary of Kmoole Street. Signs shall be erected and main- tained in each b'.ock designating the provisions of tats section. SECTION 20. 6TANDING OR FARKING CLOSE TO CURB (a) Except when necessary in obd:ence to traffic regulations or traffic signs or signals, the opera- tor of a vehicle shall not stop, stand ox park such vthlcle in a roadway other than para'_lel with the edgy of the roadway, headed in the di- rection of traffic, and w_th the curb-side w'~eels of the vzhlcle within six inches of the edge oi' the r'oadw'ay, except as provided in the following paragraphs: (i) The operator of a vehic'.o shall ;land or park at an angles of thirty degrees from the curb with- in parking lines upon the Sollow- in; stre:.ts: Kamehameha Avenue between Wafanuenue Avc-nue and Pono- hawai Street, and the 5iterlff shall mm'k or Sign or cause to be mark- ed or signed these streets. ~..i2) In places whore, and at hours wlien, stopping for the loading or unkoading oi' mercPtandise or ma- terials is perorated, vehicles used for the transportation of merchan- dise or materials may back into the curb to Lake on or discharge loads, when the ovmer of such vehicle hods a permit granting him such special privilege, and provided fur- ther that suoh permit shall be either in the pnsession of the driv- er or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load, and it shall be unlawful for any owner or driver to violate any of the special terms or conditions of any suoh special permit. ib) TTxe SheritP is hereby author- ized to issue, to any owner cf a vehicle used to transport mer- chandise or materials, a permit, re- newable annually, and to state therein the teens and conditions thereof, allowing the driver of such vehicle the priviledge of loading a,nd unt ozuling while the vehicle is backed against the curb. SECTYON 30. PARKING VEHICLE FOR SALE PROHIBITEB. It shalt be unlawful for any per- son to park upon a street any vehi- Xcle displayed for sale. SECTION 31. STOPPING ON HIGHWAYS. (a) On any highway not within a business or residence district, no person shall park or leave stand- ing any vehicle, whether attended or unattended, on the paved or improved or main traveled portion of such highway when it is prac- ticable to park or leave such vehicle standing off the paved or improved or main traveled portion of such highway;fprovided, in no event shall any person park or leave standing any vehicle, whether attended or unattended, on such highway un- less aclear and hnabstructed width of not less than fiftcen C15) Yeet on the main traveled portion of said highway opposite such stand- ing vehicle shall be left for free passage oP other vehicles thereto, and when a clear view of such vehicle may be obtained from a distance of two hundred (200) feet in each direction on such highway. (h) Whenever any police officer shall find a vNiucle standing on a highway in violation of the provi- sion of this section, he is hereby authorized to move such vehicle or require the operator or person in charge of such vehicle to move same to a position permitted under this section. (c) The provtstons of this section shall not apply to the operator of any vesicle whic`.t is disabled while on the paved or improved or main traveled portion of a highway in such a manner and to such an ex- tent that it is impossible to avoid stopping and temporarily leaving such a vehiole in such a position. (d) It shall be unlawful for the operator or person in charge o1 any vehicle to leave or to cause to 6e left on any highway, rocks of any such obstruction, which has been used for the purpose of black- ing the wheels of any vehicle to prevent such a vehic'.e from moving while the vehicle has been parked upon said highway. le) Any person who throws ox deposits any glass bottle, glass nails, tacks, hoops, wire, cans, ar any other substance likely to in- jure any person, animal or vehicle upon any public highway, shall be guilty of a misdemeanor_-+r" (f) Any person who accl'dentally or otherwise drops or permits any destructive or injurious material to be dropped or thrown on any htgh- way shall immediately remove or pause the same to be removed and be responsible for any damage caused by same. ARTICLE VI Operation Of Vehicle SECTION 32. STOP BEFORE EN- TERI~G A THIIOUGIF STREET. (a) The following streets and parts of streets are hereby declared to constitute through streets fox the purpose of this section: Waianuenue, Kilauea, Kameha- meha, NLanonq Keawe, Wainaku, Puueo. Every driver of a vehicle or other conveyance traveling on any street intersecting any through street above designated shall stop such vehicle or other conveyance, at the place where such street meets the pro;ongation of the nearest proper- ty line of such through street, sub- ject, however, to the direction of any traffic control sign or signal or any police officer at such inter- section. The Sheriff is hereby authorized and required to place and maintain or caused to be placed and main- tained on each and every street intersecting a through street desig- nated above, and at or near the property line of the through street, appropriate signs upon the street (and in addition thereto may place and maintain any appropriate de- vice or marks in the roadway), such signs, d. vices or marks to bear the word "Stop" and such signs to be located in such position and to be provided with letters oP a size to be clearly legible from a distance of at least one hundred Ieet along the street intersecting Lhe through street. All such signs shall be uluminated at night or so placed as to be illuminated by the headlights of an approaching motor vehicle or by street lights. SECTION 33. OPERATION OF VEHICLES ON APPROACH OF AUTFIORIZED E IlI E R G E N C Y VEHICLES. Upon the approach of any author- ized emergency vehicle or vehicles gzv.ng audible signal by bell, siren or exhaust u~histlc, the operator of every other vehicle shall immediate- ly drive the same to a position as near as possible and parallel Lo the right hand edge or curb of the street, clear of any intersection, and shall step and remain in such po- sition until the authorized emer- gency vehle_e or vehicles shall have passrd, unless otherwise d.rected by a police otficer. SECTION 34. FOLLOWING FIRE APPARATUS PROHIBITED. It shall 6e unluwfu] far the opera- tor of any vehici.e, other than one on official business ,to fdaow clover than five hundred feet any fire apparatus traveling in respmxse to a Sue alarm, or to drive into or crop any vehicle within the bock where fire apparatus has stopped in answer to afire alarm. SECTION 35. CL-DSSING FIRE liOSE. No vehicle shall 6e dr;ven over any unprotected hose of the Fire D~.partment When laid down on any street, private driveway or railroad (rack co be used at any fire or alarm oY fire, wahout the consent of tize 17~ire Deuartment official in command. SECT~O.V U-NhAWFUL TO DFCTVE THROUGH PROCES- SION UNLESS DFRECTED BY TeZAFLIC CONTROh SIGNALS ,OR BY A POLICE OFFICER. " It shall be unlawful foe the operator of any vehicle to drive be- t)vecn the vehicles comprising a f uncral o: other authorized pro- cer-,-,ion wh7e they are In nmtion, provided C,zat said vehicles are conspicuously so designated. This provision shall not apply at inter- sections wixere Cra1'fle is controlled by peace officers. SECTION 37. LIMYTATFONS ON TURNING AROUND. It shall be unlawful for the operator of any vehicle to turn suciz vehicle so as to proceed in the opposite directon unless such xrovement can be made in safety and Without backing or otherwise interfering with other traffic. SECTIIO`S 38. LilHITATIONS ON 1lACKYNG. The operator of a vehiae shall not back the same unless such zncv_xnexzt eau be made in safety. SECTION 39. EMERGING FROM ALLEY OR PRIVATE DRIVE- {VAY. Tize operator of a vehicle emerg- ing from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across an alleyway. SECTION 40. VEHICLES SIFALL NOT BE DRI{'EN ON SIDE- WALK. The operator of a vehicle shall not drive within any Improved side- walk area. except at a permanent or temporary driveway. SECTION 41. OBS'FKUCTION TO OPERATOR'6 VIEW OR DRIV- ING MECFIANISM. ia) It shall be unlawful for the operator of any vehicle to drive the same when such vehicle is so load- ed, or when there are in the front seat of suclr vehicle suciz number of persons, as to obstruct the view of the operator to the front or sides, or to interfere with the-opexator's control over the driving mechanism of the vehiole. (b) It shall b? unlawful for any passenger in a vehicle to ride in such position as to interfere with the operator's view ahead or to the sides, or to interfere with the opera- tor's control over the driving rne- chanism of the vehicle. SECTION 42. CLINGING TO MOV- ING VEHICLES. It shall be unlawful for any per- son traveling upon any bicycle, mo- torcyole, coaster, sled, roller skates, or any toy vehicle to cling to or attach himself or his vehicle to any ether moving vehicle upon any roadway. SECTION 43. RIDING ON HANDLE BARS PROHIBITED, It shall be unlawful for the operator of any bicycle or tnotor- cycle, wizen upon the street, to carry any other parson upon the handle bar, frame or tank of any such vehicle, or for any person to so ride upon any such vehicle. SECTION 44. USE OF COASTERS, ILOLLER SY{AYES, AND SIM- YLAR DF.V7CES RESTRICTED. IC shall be unawhd for any per- son upon roller skates, or riding in cr by means of any coaster, toy vehicle, or similar device, to go up.'n say roadway wa',zin the bus: hens district of the City of Hilo ex- cept white crooning a street on a crosswalk. SECTION 45. MOTOR VEHICLES LEFT UNATTENDED, BRAKES TO BE SET AND ENGYNE STOPPED. No persou having control or charge oaf a motor vehic'.e shall allow such vehicle to stand on any street unattended without first set- thzg the hralces thereon and stop- ping t:2e motor of said vehicle, and, when standing upon a peroep:tble grade, without turning the wheels of such vehicle to the curb or Lhe side of the strcat or highway.' SECTION 4S. LIGEITS ON PARK- ED VEHICLES. Whenever a vehicle is parked or stopped on a street during the times between one-half hour after sun- set and one-half hour before sun- rise or at any other time when there is not sufficient light to rend- er clearly discernible any vehicle on the street from a distance of 200 feeti, there shall be displayed upon such vehicle one or morl lamps, one of which shall be on the roadway side and project a white fight visible under normal atmospheric conditions from a dis- tance of 50U feet to the front of such vehiclo and one of which lamps shall project a red light vis- ib'.e color like conditions Prom a distance of 500 feet to the rear, ex- cept that such parking light or lights need noti be displayed upon any vehicle stopped or parked in accordauce with other provisions of this Ordinance upon any street within the area designated by Sec- tion 28 of this Ordinance. SECTION 97. PERSONS UNDER THE INFLUENCE OF INTOX- ICATING LIQUOR OR NARCO- TIC DRUGS. It shall be unlawful for any per- son who is an habitual user of narcotic drugs, or any person who is under the influence of intox- icating liquor or narcotic drugs, to drive any vehicle upon any street or other public way. An person convicted of a violation of this section shall have his license suspended for such time as the Court may deem proper and shall be punished by a fine oP not more than one hundred dollars; on a second or subsequent conviction, any person so convicted shall be punished by having his license sus- pended for at least one year and by fine of hot more than five hun- dred dollars. SECTION 48. OPERATION OF VE- HICLES BY MINORS. No person under the age of fifteen (lb) years shall drive, operate, pro- pel or be in charge of any motor vehicle upon any highway. SECTION 99. RESTRICTIONS AS "l0 SPEED. (a) Basic Rule. No person shall drive a vehicle upon a highway at a speed greater than is reason- able and prudent, having due re- gard to the traffic, surface and width of the highway and the haz- ard at intersections and any other conditions then existing. Nor shall any person drive at a speed which is greater than will permit the operator to exercise pro- per control of the vehicle and to decrease speed or to stop as may be necessary to avoid co'.liding with any person, vehicle or other con- veyance upon or entering the high- way in compliance with legal re- quirements and with LRZe duty of operators and other persons using the highway to exercise due care, provided, that this provision shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate cause of any acci- dent. Any person violating the above basic rule shall be guilty of a mis- demeanor. (b) Application of Indicated Speeds. Any person who drives a vehicle upon a highway at a speed in excess of that indicated as fol- lows for the particular district or location, and who, while so driving, violates the basic rule set forth in subdivision (a) or any provision Of Articles VI to XII, both inclusive, shall upon a first conviction be punished by a fine of not more than two `xundred and fifty (250) dol- lars, and upon a second or subse- quent conviction shall be punished by a fine of not more than five hundred (500) dollars. Said indicated speeds are as fol- lows: 1. Twenty miles per hour: (a) When passing a public or private school building, on days when school is being held therein, or the grounds thereof, between the hours of 7:15 A. M. and 5:00 P. M. (b) When approaching within one hundred feet of a grade crossing of a steam railway where the operator's view of such crosing or of any traffic on such railway within a dis- tance of four hundred feet in either direction is obstructed. 2. Twenty-five miles per hour: (a) In any business district as defined herein, or (b) Upon approaching within fifty feet and in traversing an intersection of highways where the operator's view in either direction along any in- teracting highway within a distance oP two hundred feet is obstructed, except that when traveling upon a through street 4r a traffic controlled intersections the district speed shall apply. 3. Thirty miles per hour: a. In any residence district as defined herein, or b. At any railway grade crossing where the view is not ob- structed, or c. In public parks within cities SECTION 50. MINIMUM SPEED REGULATION. It shall be unlawful for any per- son unnecessarily to drive at such a slow speed as to impede or block the normal and reasonable move- ment of traffic except when reduced speed is necessary for safe opera- tian or because upon a grafle or wlxn the vehicle is a truck or truck and trailer necessarily or in cbm- pliance with law proceeding at re- duced speed. Traffic and police officers are here9y authorized to enforce this provision by direcrions to operators, and in the event of apparent waful disobedience to this provision and refusal to comply with . direction of an officer in accordance herewith the continued slow operation by a driver wall be unlawful and con- stitute amisdemeanor. SECTION 51. WHEN SPEED LID1rT NOT APPLICABLE. The speed limits set forth in this act shall not apply to authorized emergency vehicles when operated in emergencies and .the op=rotors thereof sound audible signal by bal, siren or exhaust whistle. This provision shall not relieve the eperator of ah .authorized emer- gency vehicle from the duty to drive with d-ue regard for the safety of ail persot?_s using Che street, nor shall it protect the operator of any such vehicie from the consequence of a reckless disregard of the safety of others. SEC17ON 52. DELVE ON RIGHT SIDE OF HIGHWAY. (a) IIpon all highways of suffi- cient width, otliec than -one-way highways, file operator of a vehicle sha'.1 drive the same upon the right half of the highway except when the right half id out bf repair and for such reason impassab:e or when cvcrtaking and passing another ve- hicle subject to .the aimitations se. forth in Section 53. (b) In driving upon the right half of a highway the operator shall dive as cicsely as practicable to the right hand edge or curb of the highway except when overtaking or passing another vehicle, or when placing a vehicle in position to make a left turn. Ici In approaching any bridge, cr appronciring or crossing a rail- road rig'nt of way or an intersec- tion of highways, the operator of a vahicle shall at all times cause such vehicle to travel cn the right half or tue highway hitless such right half is out of r_patr and for such reason imp~ssabie. This provision shall not apply upon a one-way street. [dl In driving upon a one-way highway the operator shall drive as closely as Pract.eable to the rig~h~ baud edge or curb of the highway except whc^ overtaking or passing oc trav_ling parallel with another vahicle or when placing a vehicle in position to make a left turn. SECTION 53. SPECIAL REGULA- TIONS APPLICABLE ON STREETS AND IHGHWAYS LANED FOR TRAFFIC. Wl•_enevcr any street ~or highway has been divided into clearly mark- ed lanes for traffic, operators of v. hides shall obey the following regulations: - (a) A vahicle shall normally b° driven in the lane nearest the right hand edge dr curb of the highway when said lane is available for travel except when overtaking any other vehicie or in preparation for a left hand Lurit or. as permitted in subdivision (d). cb) A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from cosh lane until the operator has first ascertained Cnat such movement can be made with safety. SECTION 54. PASSING. Except as otherwise prov'.ded in this section the following rules shall govern the overtaking and passing of vehicles: (a) The operator of & vehic'.e overtaking another vehicle proceed- ing itt the same direction shall pass to the left thereof at a safe distance and shall not again drive to the tight side of the highway until safely clear of such overtaken ve- hicle. (b) The operator of an overtaken oehicle shall. give way to the right in favor of the oyertaking vehicle on suitable and audible signal and Shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (c) The operator bf an ~overtak- tng motor vehicle when traveling outside of a business or residence dlsCrict and under other conditions when necessary to insure safe op- eration shall give audible warning with his horn or other warningde- vice before passing or attempting to pass a~vehiole proceeding in the same direction. ' (d) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, •each giving to the ocher at ]east one half.. of the main traveled Portion of the roadway, as nearly as possible. SECTION 55. LIMITATIONS ON DRLVING ON LEFT SIDE OF ' FYIGHWAY. - The operator of a vehicle shall not drive to the left side of. the center line of a highway in:over- caJiing and passing another vehicle preceed'ng in the same direction unless such left side is clearly vis- ible andis free of oncoming traffic far a sufficient distance ahead to permit such overtaking and pass- ing to be completely made without impe3ing the safe operation of any vehicle approaching from the OP- posite direction oP anyvehiele over- taken, nor shall the operator of a vehicle in any event drive to the left side of the center line of a highway when approaching the crest of a grade or uncn a curve in the highway where the operator'a view along the highway is ob- structed within a distance of five lmndred [500) feet. SECTYON 5u. FOLLOWIING TOO CLOSELY. .. ra) The operator. of a motor ve- hicle shall not follow another vehi- cle more closely than is reasonable and prudent, having-due regard to the speed of such vehicles and the traffic upon and condition of the highway. SECTION 57. RIGHT OF WAY HETWEEN VEHICLES (a) Vehicles approaching an in- tetsection. The operator of a vehi- cle approaching an Sntersection shall yield the right of way to a vehicle which has entered the in- tersection. When two vehicles enter an intersection at the same tiros the operator of the vehicle on the left shall yield to the operator on the right. [b) Vehicle entering a through highway. The operator of any ve- hic!c who has stopped as required by law at Elie entrance to a through highway shall yield to other vehi-. Iles within the intersection or ap- proaching so blosely on the through highway as to constitute .an im- mediate hazard, but said operator having so yielded may proceed and other vehicles approaching the intersection on the through high- way shall yield to the .vehicle so proceeding into or across the through highway. - ~le)Vehicle turning left at an intersection. .The operator of a vehicle within an intersection in- tending to turn to the left shall yield to any vehicle .approaching from the opposite direction which is withi^ the intersection or so close thereto as to constitute an immediate hazal'd, but said opera- tor having so yielded and having given a signal when and as re- quired by law may make' such left turn, and other vehicles approach- ing the intersection from said op- posite direction shall yield to the operator making the left turn. SECTION 58. F.XCEPTYONS TO . RIGHT OF WAY. (a) The operator of a vehicle en- tering a public highway from a private road or drive shall yield the right of way to all vehicles ap- proaching on such public highway. (tr) The operator of a vehicle upon a highway shalt yield the right of way to all emergency vehicles -when the latter are operated in emergencies and the operators thereof soundaudible sig- nal by bell, siren, compression. or exhaust whistle. This provision shall not operate to relieve the op= crater of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor shall it. protect the operator of any such :vehicle from the consequence of an arbitrary exercise of such right of way. SECTTON 59. TURNING AT IN- TERSECTIONS. The operator of a vehicle intend- ing to turn at an intersection shall do so as follows unless a differ- ent method of turning is directed py buttons, markers or signs at 'in- tersections, in which event turns shalLbe made in accordance with the direction of such markers, but- tons or signs: - - (a) Approach for a right turn shall be made in the lane for traf- fic nearest to the right hand side of the highway and the right turn shall be .made as closely as prac- ticab'e,to the right hand edge or curb of the highway. (b) Approach for a left turn shall be made in the lane far traf- fic to the right of and nearest to the center line of the highway, and the left turn shall be made by passing~to the right of such center line where it enters the intersec- tion and upon .leaving the inter- section by passing to the right of the -center line of the highway then entered. Cc) .Approach Por a ]eft turn from atwo-way street .into none- may street .shalt be made in the lane for traffic tq the right of and nearest to the. center line of the highway and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street -into a two-way street shall be made by passing to the right-of the center line of the street being entered anon leaving the intersection. SECTION G0. MOUNTAIN DRIV- ING. (a), The operator of a vehicle shall not turn such vehicles around so as to proceed in thcopposite di- rection upon any curve. or upon the approach to or near the crest of a grade or at ary place upon a highway where the view of .such vehicle is obstructed within a dis- tance of five hundred (500)' feet along the highway in either direc- tion. cb) The driver of a motor vehi- cle traversing defiles, canyons or mountain highways shall hold such motor vehicle under control and as near the right hand side of the highway as reasoriabIy possible. ARTICLE VI[ Miscellaneous Provisions SECTION GI,. SIGNALS ON STARTING, S"POPPING, AND TURNING. - - The operator of any vehicle upon a public highway before starting, turning -or stopping such vehicle shall first see that such movement can be made in safety; then, if any pedestrian may be affected by such movement the operator shall give a clearly audible signal by sounding a horn or,other warning-device, and when ever the operation of any other vehicle may be affected by this movement the operator shall give a signal plainly visible to the operator of such .other .vehicle of the intention to make such move- ment. Such Visual signal may be given either 6y the use of tine head and arm in the manner hereinafter provided, or by means of a mechan- ical or electric device wLirh meets the requirements hereinafter set forth and which has been aGProved by the Eoard of Supervisors as hereinafter provided. Whenever the signal is given by means of the hand and arm, the operator shall indicate his intention to turn to the left by extending ha hand and arm horizontally from and beyond the left side of the vehicle, his intention to turn to the right by extending his hand and arm upwax'd and beyond the left side of the vehicle, and his intention to stop or to suddenly decrease speed by extending his hand and arm downward from and beyond the left side of the vehicle. Thy signal herein required to be given before turning to the right or left, whether given by means of the hand and arm or by m=ans of a mechanical or electric device ap- proved by the Board of Supervisors, shall be given continuously during the last fifty (50) feet travaled by Uixz vehicle before turning. 6ignal lights will not be c~nsid- ered as legal signals foe the pro- visions of this section. SECTION f2. INJURING OR fAP.IPER.YNG {VITH A VEHICLE. (n) Any Person who shall indi- vidually or 1n association with one or mere pr. r,i~ns wilfully break. in- jure, Camper with or remov°_ any part cr parts of any vehicle for the purpose oY injuring, defacing' o: destroying such vehicle, or tem- porarily or permanent~iy preventing its useful operat:on, or for any pur- pose against the w.ll or without the consent of the owner of such ve- Ix!cie or who shall in any other man- ner wilfully or maliciously ant: rfere with or prevent the running or cperatxun of such vehicle, shoal bo guilty of a mild-meanor. Any per- son an'ested upon a charge of vio- lating this section may be taken immediately by the arresting oPH- cer before the nearest or most ac- czss.b'.e magistrate. (b) Any p-rson who shall without the wnscnt of fire owner ar person in charge of a vahicl=, climb, wtth the intent to commit any malicious mischief or injury there ar wiih in- tent Co commit any crime, upon or into such vehiclz, whether the same be in motion or at rest, or who, while such vehicte is at rest and unattended, shall attempt to mani- pulatc any of the levsrs, the start- ing crank, or other device, brakes or mechanism thereof, or to set said vehicle in motion shall be guilty of a misdemeanor. Any person ar- rested upon a charge of violating this section may 6e taken imme- diately by the arresting officer be- fore the nearest or most accessible magistrate. The provision of this section is uoU intended to make it illegal for another operator to move another vehicle parked in such a manner that he cannot move his vehicle nnt'.1 suer other vehicle is moved. SECTION G3. PEDESTRIAN TO WALK ON LEFT SIDE OF HIGHWAY. It shall 6e unlawful for any pe- destrian to walk along and upon any highway outside of a business ar rzsldence district otherwise than doss to his lefthand edge of the h:ghu'aY. SECTION 64. WIDTH A N D HEIGHT OF VEHICLES RE- STRICTED. No motor or other power vehicle oP a greater width than seven (7) feet, including the load, and or a height of thirteen (13) feet, shall be operated upon any public high- way, except under the provisions herein specified. SECTION 65. HORNS AND {YARN- ING DEVICES. Every motor vehicle when operat- ed upcn a highway shall be equipped w4'h a horn in good working order, capable of emitting sound audible under normal conditions from a dis- tance of two hundred (200) feet or more, and it shall be unlawful, ex- cept as otherwise provided in this section, for any vehicle to be equip- ped with cr for any person to use upon a vehicle any siren, or any compression or spark plug whistle or any exhaust horn or whistle which does not produce a harmo- nious sound, or for any person at any time to use a horn otherwise than as a reasonable warning, or to make any unnecessary or un- reasonably loud or harsh sound by means of a horn or other warning device. (b) Every authoxized emergency vehicle shall be equipped wiih a bell, siren or exhaust whistle of a type approved by the Sheriff. SECTION 66. REAR VISION MIR- KOR REQUIRED. It shall be unlawful for any per- son to operate a motor-propelled v hide upor. a public highway un- less such vehicle shall have attached thereto a rear' vision mirror so placed as to afford the operator thereof a reflected view oP traffic to the immediate rear of such ve- hicle. SECTION-67. WINDSHIELD WIPEK. It shall b2 unlawful for any per- son to operatz a motor-propelled vehicle upon a public hig:rway uu- Icss such vehicle shall have attach- ed to the windshield, if any, and on the driving side thereof, asuit- abie and worKab'.e windshield wiper which may be operated by hand or automatically. SECTION fig. PREVENTION OF NOISE, SMOKE, ETC., MUFF- LER CUT-OUTS REGULATED. (a) It shall be unlawful for any person to operate a vehicle on a public highway r^less such vehicle is equipper with a muffler designed for that particular type of vehicle, in good working order and 1n con- stant operation to prevent excessive or unu:;ual noise and annoying smoke. tb) 1t shall be unlawful to use a "nmffler cut-out'• on any motor on a public highway. A "muffler cut-out" installed on any motor vehicte capable of being operated from the operator's position shall be considered as a violation of this s^ction. SECTION fi0. POSTERS ON WIND- SHIELDS. It shall be unlawful for any per- son to operate a vehicle on the pub- lic highway with "stickers" or posters on the windshield covering an area greater than four l4) in- ches by six (6) Inches and such "stickers" or posters shall be placed in the lower right hand corner of windshield. ..The same requirement shall prevail for rear window in vehicles where the use of rear vi- sion mirror is through such rear window and on side wings or aux- iliary windshields. SECTION 70. LFGIiTS. No person shall ride, drive or pro- pel any vehicle between the hours of one-half hour after sunset and one-half hoar before sunrise, unless Cnere shall be fastened to the front thereof at least two lights, of the kind prescribed 6y Territorial Lew of the Territory of Hawaii, clearly visible at a distance of three hun- dred (300) feet, and fastened to the rear tkierraf a lamp or lamps so fixed and lighted as to throw a Red light to the rear and a White light directly upon its registration number. No person shall Cde or drive a bicycle, tr!cycle or motor- cycle in any street between the said hour without having attached to the front thereof a White light, and to the rear thereof a Red light, cleary vv.ible for a distane^ of two hundred (200) feet. SECTION 71. RED OR GREEN LIGHTS IN FRONT OF VEHI- CLE PROHIBITED. It shall be unlawful for any per- son to drive or move any vehicle upon a highway with any red or green light thereon visible from directly ha front thereof, excepting that lieensed passenger carrying busses may each display one red light in front center above the cen- ter of the windshield. SECTIION 72. FLAG OR LIGHT AT END OF LOAD. Whenever the load on any vehicle shall extend more than four (4) feet beyond the rear of the bed or body thereof, there shall be dis- played at the end of such load in such position as do be clearly visible at all times from the rear of such vehicle a Red flag not less than twelve (12) inches both in length and width, except thaC between one- half hour after sunset and one- half hour before sunrise there shall be displaye• at the end of such load a Red light, plainly visible under normal atmospheric condi- tions at least two hundred (200) feet from the rear of suoh vehicle. SECTION 73. BRAKE TESTS RE- QUIRED. Every motor vehicle or combina- tion of motor vehicle and trailer operating upon any public highway shall he equipped with brakes which shall be kept in good working order adequate to bring such vehicle or vehicle and trailer to a complete stop when tested upon dry asphalt or concrete pavement surface where the grade does not exceed one CD per cenC, and when operating at speeds set down in the following tables within the distance set out opposite such speeds, to wit: Miles per Hour Stopping Distance 10 9.3 feet 15 20.8 feet 20 37.0 feet '25 5g.0 feet 30 63.3 feet 35 113.0 feet provided, no vehicle shall b= tested for brakes efficiency at a speed in excess of thirty-five (35) miles per hour or in excess of that permitted by law for such vehicle. It shall be lawful for any police officer, sheriff cr deputy sheriff to notify the own- er or operaCOr of any motor vehicle to appear at Che Police Stat"on of Hilo or at such other place as may be designated by the Sheriff to have the brakes of Bald vehicle examined and tt shall b° the duty of such owner or operator to so appear within twenty-four f24) hours. SECTION 74. OFFICIAL HEAD- LIGHT AND BRAKE TESTING STATIONS. la) The Sheriff of the County of Hawaii is authorized to designate, furnish instruction to, and to sup- ervise official stations for adjust- ing head lamps and auxiliary driv- ing lamps to conform with the pro- visions of this Ordinance. ` (b) The Sheriff of the County of Hawaii is authorized to designate, furnish instructions to, and to sup- ervise official stations for adjust- ing brakes to conform with the provisions of this Ordinance. (c) The establis'ument of official headlight adjusting and brake test- ing stations shall mean the desig- nation of any p'_ace which sha17 comply with the requirements for a test station as determined by the Sheriff of the County of Hawaii. When head lamps or auxiliary driv- ing lamps have been adjusted or brakes tested, a certificate of ad- justment shall be issued to the own- er or operator of the motor vehicle, on a form prescribed b3' the Sheriff, and showing date of issue, registra- tion number of thz motor vehicle, owner's name, make of vehicle, and official designation of the adjust- ing station. (d) If the SheriFf finds .that the business of any official adjusting of testing station is being poorly or badly conducted, he may revoke thed~signation of such station. Le) It shall be lawful for the Sheriff to establish and operate testing stations for .any or all of t.~e above Purposes at any or all locations where he considers such stations necessary Por carrying out the provisions of this Ordinance. 6ECTION 75. IMPROPER USE UP ROADS. It shall be unlawful to operate any vehicle upon any street or high- way in such a manner that the parts of the vehicle, or the load carried thereon, shall damage tihe road. For the Purpose cf t'nis Or- dnance "Damage to the x'oad" shall be defined as suck: effect on the road or structures as will impair the riding qualities of the road, or requixre repairs is order thattho anLic:pated life of the road or struc- tu_e may not be docreassd. The owner of any v°h_cle causing dam- age to a public highway as defined in this secticn shall be held re- :p~n34bie for all costs in resiorng said highway to TLS conditions prier Lo the damage. '`SECTION 78. USE Or FLANGES, ETC., ON WHEELS AESTRICT- EU. Na traction engine, road engine, hauling engine, trailer, steam roller, au.omoble truck ar other power vehioie shall be operated upon any public highway, the face of the tires of which are fitted with flanges, r_bs, clamps, cleats, lugs, chains, spikes or other projections destruc- tive to the road surface other than rubber blocks. This regulaLiop ap- plies to all rings ox flange; upon guiding cr steoring wheele on any such vehicle. In cases oY t, action engines and steam p:o~.cs which are equip oed or provided with flanges, rib;, clamps, cleats, rings or lugs, suCn vehicles shall be permitted to pass over any pubs:ic highway pro- vided that treats be fastened upon all the wheels of such vehicles, not less thou 21'e inches wide sad not mm'c than 15 inUnes high, so plat- rd that not less than Lero (2) cleats on each wheal shall touch the ground at a1 times, and that the weight shad be the same on all parts of ssid c'.eats. Vehicles oP the track ]ay~g type shall not be oper- ated on a public highway un'.ess the poxEon o: 1.e track in contact with the highway is provided w.th a smooth surface of sufficient area Lo carry Lhe load of the vehicle without damage Ln the road. SECTION 77. WEIGHT OF VE- fIICLE3 FESTRICTED. No vehicle shall be operated or moved upo_t any public highway, which has a total weight in excess of '1;,000 pounds, including vehicle and load w'nen such vehicle is Equipped with nit more than four wheels running on rite h:ghwa y, or having a total weight of 34,000 pounds Including the vehicle and load, when said vzhic'.e is equipped wjt six or more wheels and three o mac axles and when the addi- tlo a1 axle or axles shall be spaced not closer than Porty-two (421 in- Cnes Lo Lhe adjacent axles. Provid- ed, however, that for vehicles per- mitted a maximum gross load o" 26,000 pounds the ~. aximum axle load shack not exceed 20000 pound and Lhe maximum wheel load sha'.i not c::cccd ].0,000 pounds, and Ic. vehicles permitted a maximum gross load of 34,000 pounds, Lhe maxi- mum axle load shall not exceed 14,000 pounds and the maximum wheel load shall not exceed 7,000 Pounds. It sha17 be illegal to operate upon a Public highway any combination of motor vehicles and trailers, the ecmbined ]engC:i of which exceed eighty-five (85) feet. For the purposes of this section axles placed in the same transverse plane c/hich are closer together than forty-two (42) inches shall be con- sidered as one axle. SECTION 78. LIMITATION OF WEIGHT AND WEAR DEFIN- ED. No vehicle equipped wholly or partly with metal tires or vehicles resting on any metal roles, wheel ar other object or portion thereef in contact with the highway, Lhe wefght of which with its load ex- ceeds five hundred (600) pounds upon any inch of width of the tire, shall be operated upon any public highway, provided, howevur, that traction engines or tractors, the propulsive power of which is exerted not throug'n wheels resting upon the ground but by means of a flex- ible. bard or chain known as a movable track, shall not be subj°et to file foregoing limitations upon permissible weight per inch of width of tire, if the portions of the movable track in contact with the surface of the highway prosent a plain surface. No vehicle equipped with pneu- matic tires, the weight of v/nlch with its lead exceeds eight hundred (800) pounds per inch of width of tare shall be operated upon any public highway. No vehicle equipped wholly or partly with solid tires (other tltan metal) the weight of which wit'n its load exceeds six hundred and fifty (850) pounds on any inch of the channel base width of the lira used theron, shoo be operated upon any pubic highway. The total width of all the tires on any one wheel shall be deemed the width of one tse. No vehicle equipped with solid rubber tires shall be operated upon any public highway if.the thickness o: env such fire is less than the minimum thickness according to the following table: Minimum Width of Tire Thickness 3 inches to 5 inches, inclusive 1 inch 6 inches to 8 inches, inriusive lb+ inches 10 inches and over 1'/e inches No vehic'.e equipped with solid rubber tires shall be operated upon any public highway when the vari- ation in width of the entire trac- tion surface of any solid rubber fire due to injury or wear shall exceed fifteen (15) per cent or when the variatimt in thickness on any part of the traction surface shall exceed fifteen (15) per cent, or when xny portion of the rubber is not securely attached to the chan- nel base. No dual solid rubber tires shall be permitted to he used on nny public highway if there is an average difference greater than one-eighth (''/s) inch between tae outside diameters of each of the single tires composing the dual tire. SECTION 70. PERMISSION TO OPERATE CERTAIN HEAVY VEHICLES. The County Engineer may grant permission for the moving of heavy vehicles and objects exceeding the height and width specified in Sec- tion 64 of this Ordinance, over any public highway, upon written appli- cation being made therefor. Said Engineer may require a sufficient bond to protect the County of Ha- waii from any loss or damage by reason of such operation and mov- ing. SECTTON 80. SPEED OF HEAVY VEHICLES RESTRICTED. No vehicle equipped wholly with pneumatic tires ehall be operated upon any public highway at a greater speed than twenty-five (25) miles per hour when the weight including load exceeds 22,000 pounds, or at a greater speed than thirty (30) miles per hour when the weight including load is from 18,000 to 22,000 pounds. No vehicle equipped wholly -or partly with solid tires shall be operated upon any public highway at a greater rate of speed than ten (10) miles per hour when rho ~ weight including load exceeds 14,000 ' pounds, or at a greater speed than twenty (20) miles 'per hour wherr3}~~ mg load does not exceed 14,ODV1 Cpounds.' The rates of speed for vehicles equipped wholly with cushion wheels or with a combination of cushion' and .pneumatic tires, shall the weight of such vehicle includ-.- Kbe not more than twenty-five (25) per cent greater than those pro- vided for vehicles equipped wholly or partly with solid tires. A "cush- ion wheel" when used herein shall designate a wheel which by reason of its construction is non-rigid, and is resilient within itself. No. vehicle . or .trailer carrying a weight in excess of six (6) tons, in- cluding the weight of the vehicle, which is equipped wholly or partly with metal tires or other hard non- resilient material shall be operated upon any highway at a speed in ex- cess of six (6) miles per hour,/ SECTION 81. OPERATORS LIC- ENSE SUSPENDED. (a) Any person arrested for viola- tion of this Ordinance who offers as a defense ignorance of the Terms of this Ordinance shall have his opera- tpr's license suspended until he shall have passed a satisfactory ex- amination showing a proper know- ledge oP the provision of this Ordi- nance, such examination to be con- ducted under the jurisdiction of the Examiner of Chauffeurs' Licenses. (b) Each time that a person is convicted far the violation of this Ordinance, his license shall be marked, and upon the third convic- tion for the violation of this Ordin- ance his. license may, in the dis- cretion of the Court,.be suspended fns suchtime as the Court sees flt, in addition to any other punish- ment provided Por by this Ordin- ance. SECTION 82. PENALTY. Any person violating any of the provisions of this Ordinance shall, upon conviction, be punished by a fine of not more than five hundred (500) dollars. SECTIION 83. DISPOSITION OF FINES AND FORFEITURES. All fines or forfeitures collected upon conviction or Upon the for- feiture of bail bf any person cixarg- ed with a violation of any of the provisions of this Ordinance shall be paid into the County Treasury and deposited in the General Fund of the County of Hawaii. SECTION 84. CONSTITUTION- ALPTY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of~this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section, subsection, sen- tence, clause and phrase thereof, irrespective oY the fact that any one or more sections, sugsedions-, sentences, clauses or phrases be de- clared unconstitutional. SECTION 85. REPEAL. All ordinances or parts of ordi- nances in conflict with or incon- sistent with the provisions of this ordinance are hereby repealed, it is provided, however, that this repeal shall not affect or prevent the pro- secution and (or) punishment of any person for auy act done or committed in violation of any ord- inance or parts of ordinances here- by repealed prior to the taking ef- fect of this ordinance. SECTION 86. This ordinance shall take effect thirty days from and after date of fts approval. Introduced 6y: (SgdJ GAVIDN A. BUSH, Supervisor from the 1st Represen- tative District. Date of Introduction: May 31st, 1933. Hilo, Hawaii. App: cued this 8th day of June, 1933. (SgdJ SAMUEL M. SPENCER, Chairman and Executive Officer, Board of Supervisors, Coun- ty of Hawaii. TERRITORY OF HAWAII) SS. COUNTY OF HAWAII ) I hereby certify that the forego- ing Ordinance was regularly con- sidered at a meeting of the Board of Supervisors of the County of Hawaii, held at the County Seat upon the 8th day of June, A. D. 1933, and upon being put to vote said Ordinance was adopted by a majority of the Supervisors at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County of Hawaii upon this 8th day of June, A. D. 1933. (SgdJ ALFRED KUMALAE, iSEAL) Deputy Clerk, Cow?ty of Hawaii.