HomeMy WebLinkAboutORD 1947-019~-- ,., i _
COUNTY OF HAWAII
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TERRITOkY OF HAWAII
ORDINANCE NO. 19
A~ ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS AND HIGHWAYS
OF 'PHE COUNTY OF HAWAII ANll REPEALING ALL OTHER ORDINANCES IN CONFLICT
THEREWITH,
IT IS ORDAINED BY THE BOARD OF SUPERVISORS, COUNTY OF HAWAII„ AS 1'OLLOWS:
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ll®finitions
Section 1. Wh®rever in this Ordinance the following ter~us are used,
they shall have the meanings respectively ascribed to them in this section.
Street or Highway. Every way or place of whatever nateire open to
the use of the public, as a matter of right or customary usage, far the
purpose oP vehicular travel.
Urivete Road or Driveway. Every road or driveway not open to th®
izse of the public 4or purposes of vehicular travel..
Roadway. That portion of a street or highway between t;ha regularly
established curb lines or that part made available for the use of vehi-
cular travel.
Sidewalk, That portion of a street between the curb lines and the
adjacent property lines.
Intersection. The area embraced within the prolongation of the
lateral curb lines where one street or highway tuna into anoi;her, or, if
not marked by curb lines, then of the lateral. boundary lines of uwo or
more streets or highways which join one another at an angle, whether ar
not in any case one such street or highway cross®s the other.
Crosswalk. That portion of a roadway ordinarily included within
the prolongation of curb and property lines at intersections, or any
other portion of a roadway clearly indicated for pedestrian crossing by
lines or other markings on the surface.
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Vehicle. Every device in, upon or by which any person or propertyy
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is or taay be transported or drawn upon a public highway, except deviege~
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moved by human power or used exclusively upon stationary rail.a or tracks.
Motor Vehicl®. Every vehicle, as herein defined, whicPu is self-
propelled.
Authorized Emergency Vehicle. Vehicles of the Fire Department,
police vehicles and such ambulances and emergency vehicles of municipal
departments or public service corporations as are designated or author-
ized by the Board of Supervisors.
Pedestrian. Any person afoot.
Operator. Any person who is in actual physical control. of a
vehicle.
Traffic. Pedestrians, ridden or herded anima La, vehicles and other
conveys.nces either singly or together while using any street for purpose
of travel.
Right of WaY. The privilege of the immediate use of the street or
highway.
Parking. The standing of a vehicle, whether occupied or not, upon
e roadway, otherwise thantsmporarily for the purpose of and while actually
engaged in loading or unloading, or in obedience to traffic regulations
or traffic signs or signals.
Business District. A "Business District" for the purpose of this
Ordinance shall mean the territory contiguous to the public highway when
fifty (50) par cent or more of the frontage thereon for a distance of
three hundred (300) feat or more is occupied by buildings in use for
bro~sinaaa.
Residence Distriot. ~, "Residence District" for the purpose of
this Ordinance shall mean the territory contiguous to a public highway
not comprising s business district, es 8efined herein, when the property
fronting on said highway for a distance of not less than on®-quarter of
e mile is occupied by dwelling houses or business structures which are
not more than an average distance of two hundred (200) Peet apart.
Official Traffic Signs. All sign+i, markings and device:3, other
thsn signals, not inconsistent with this Ordinance, placed or erected
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pursuant to this Ordinance, for the purpose of guiding, directing,
warning or regulating traffic.
Official Traffic Signals. All signals, not inconsistent with this
Ordinance, placed or erected pursuant to this Ordinance, for the purpose
of directing, warning oriegulating traffic.
Traffic Control Signal. Any device, whether manually, electri-
cally or mechanically operated, by which traffic is alternately directed
to stop and proceed.
Police Officer. Every officer of the County Police Department or
any officer authorized to direct or regulate traffic or to make arrests
for violations of traffic regulations.
Throu,~u Streets. Any highway, or part thereof, at which signs
require every operator to bring his vehicle to a full stop before
entering or crossin_q, except when traffic is controlled by officers or
signals.
Bus Station. Any parking area provided for the exclus.lve parking
of busses.
Bus. lcvery vehicle operating as common carrier of pas:3engera, as
defined in Act 1x36, Session Laws of Aewaii 1941, excepting motor vehicles
operated es taxicabs.
Taxicab. A motor vehicle, of 7 passenger capacity or lase, which
is held for hire at designated places and has no regular schedule or
route, but operates for the purpose of carrying passengers a1; any time
to any point and subtect to call,
ARTICLE II
Authority of Police
Section 2. Police to direct traffic.
It shall be the duty of the Police Department of this County to.~
enforce the provisions of this Ordinance. Officers of the Police
Department are hereby authorized to direct all traffic either ~n parson
or by means of visible or audible signal in conformance with the pro-
visions of this Ordinance, provided. that in the event of a fire or other
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emergency or to expedite traffic or safeguard pedestrians during suoh
emergency, officers of the Pollee or Fire Department may direct traffic,
as conditions may then require, notwithstanding the provisions oP this
Ordinance.
Section 3. Sheriff Authorized to Adopt Emergency Regulations.
The Sheriff is hereby empowered to make and enforce temporary
regulations to cover emergencies or special conditions as thsy arise
from time to time.
Section 4. Obedience to Police.
It shall be unlawful for any person to refuse or fail t:o comply
with any lawful order, signal or direction of a police officer, or any
other person lawfully authorized by this Ordinance to direct traffic.
Section 5. Public Employees_to Obey_Traffic Re~ulatior.~s.
Tt.~ pr.-visions of this Ordinance shall apply to the operator of
any vehicle owned by or used i.n the service of th.e U. S. Government, this
Territory, County or City and i.t shall be unlawful for any such operator
to violate any of the provisicns of this Ordinance, except as otherwise
permitted in this Ordinance.
Section 6. Exemptions to authorized. Emergency Vehicles,.
The provisions of this Ordinance regulating the movement, parking
and standing of vehicles shall not apply to authorized emergsncy vehicles
as defined in this Ordinance while the operator of such vehicle is operat-
ing the same in an emergency in the necessary performance of public duties.
This exemption shall not, however, protect the operator of any such vehicle
from the conas~,uences of a reckless disregard of the safety of others.
Any person who shall operate ~n emergency vehicle contrary to the provi-
sions of this Ordinance at a time when. no actual emergency ex.ista shall
be guilty of a violation of this Ordinance.
Section, 7. Re~,arding Emergency Vehicles.
(e) Vehicles of the Fire Department when going to or an duty et,
or returning from fire or. alarm, and all ambulances, whether of a public
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or privates character, and all other vehicles when employed in carrying
sick or injured parsons to hospitals or other places for relief or
treatment, and doctors' automobiles when. the dotter is occupying the
same and responding to en emergency call, end vehicles of the Police
Department, shall have thH right of way over all vehicles or persona
on any highway, and through any procession, except over vehi.clea carrying
the United States mail.; and when vehicles of the Fire+ Department or
Polices Department arH responding to a cal]., all other vehicles shall
come to a standstill as near to the ri~,ht curb as possible in the direc-
tion being traveled by such vehicles until the vehicles of the Fire or
Police Department shall. have passed, and no vehicle shall come to a
standstill on any highway except near to the right curb es provided
above, and far enough. away Prom an intersecting highway to allow the
vehicles.of the Fire or Folice Department to aefely turn.
(b) Every vehicle of the Firth Department, every Fol.i,ce Patrol
and every ambulance whether of a public or
plainly marked. to designate its character,
a distinguishing sound signal device to be
Supervi.~ors. Until so designated any such
the ri.r~ht-of-way aforesaid.
(c) All ambulances or private veh
privates character, shall be
and shal]. be provided with
approved by the Hoard of
vehicle shall. not be given
icles used. for carrying the
sick or injured, or doctors' automobiles ehal.l not have the right-of-
way as described, unless the d.ri.ver or person in control thereof shall
cause to be sounded continuously while claiming such right-of-way, some
adeque.te sounding dHVice, as as warning of the emergency character of its
business.
(d) Any person who shall operate ary of the emergency vehicles
in violation of the provisions of this ordinance et a times when no
emergency actually exists shall. be, guilty of a misdemeanor end punished
as by this Qrdinance provided.
(e) The vehicle driven by e doctor shall. display in at least
two conspicuous places, one in the front and one i.n the rear of suoh
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vehicle, the sign. of a "green cross" the same to be not less than five
inches in height and. of proportional width painted in green, a whito
back-ground, or an "American Medical Association" radiator emblem green
cross, with the aesculapian staff and the initials "M.D.", same to be
not lass than three and one-half i.nchea in diameter. These eaemptions
shall not be conatrned to permit reckless driving at any time.
Section 8. Persona Pro~e119ng Push Carta or Riding Bicycles or
Animals to Ob. ey__.Traffic Regulations.
Every person propelling any push. cart or riding a bicycle or en
animal upon a roadway, and every parson driving any animal, shall be
subject to the provisions of this Ordinance applicable to the operator
of any vehicle, except these provisions of this Ordinance which have
reference to the equipment of vehicles and except those provisions which.
by their very nature can have no application.
ARTICLE III
Traffic Signs and Signals
Section 9. Traffic Signs and Signals.
(s) The Board. of Supervisors shall by resolution determine and
designate the character or type ci' all official traffic signs and
signals.
Subject to this selection, the Sheriff is hereby authorized, and
as to those signs and signals required. hereunder, it shal] be his duty,
to place and maintain or cause to be placed and maintained all official
traffic signs and signals. A11 signs and signals required hereunder
for a particular purpose shall so fax as practicable be uniform as to
type and location throughout the county.
Section 10. Obedience to Traffic Suns and Signals.
It shall be unlawful for any operator of any vehicle to disobey
the instructions of any official traffic sign or. signal place8 in
accordance with the provisions of this Ordinance, unless otherwise
directed by a police officer.
Section 11. Stop Signs.
The Sheriff shall, and is hereby authorized to, eatabl:Lsh, and
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shall thereafter maintain, atop signs of a suitable character or type
at ell street interaertiona where aide streets intersect through streets
and any other street intersection he may deem advisable.
Section 12. Display of Unauthorized Signs and Signals Prohibited.
It shall be unlawful for any parson to place or maintain or to display
upon or in view of any street any unofficial sign, signal or device ;,o;,
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which purports to be or is an imit»tion of or resembles an official sign
or signal, or which attempts to direct the movement of traffic or which
hides from view or interferes with the effectivenef>s of any official
sign or signal. Every such prohibited sign, signal.. or device is hereby
declared. to ba a public nuisance, and the Sheriff i.s hereby empowered to
remove the same, or cause it to be removed, without notice.
Section 13. Interference with Signs and Signals Prohibited.
It shall be unlawful for any person to wilfully deface, inure,
move, obstruct or interfere with any official traffic sign or signal.
Section 14. Sheriff Authorized to Designate Crosswalks.
Tha Sheriff is hereby authorized to establish and to designate
and shall thereafter maintain, or cause to be maintained, by appropriate
devices, marks or lines upon the surface of the roadway, crosswalks at
intersections where, in hi.s opinion, there is particular danger to
pedestrians crossing the roadway, and at such other places as he may
deem necessary.
Section 15. Sheriff Authorized to Designate Safety Zones and
Lanes for Traffic.
The Sheriff is authorized to mark. lanes for traffic on street
pavements at such places as he may deem advisable, consistent with the
provision of this Ordinance.
Section 16. Left Turns Prohibited.
(a) Tha 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 provided:
(1) Keawe Street
(2) Kilauea Avenue between Mama Street and Piopio Street.
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(3) Kamehameha Avenue between Shipman Street and Kilohana
Street.
(4) Wais.nuenue Avem~e, from Kamehameha Avenue to the road
leading into the Hilo Jail.
(5) Wai.naku Avenue, from the bridge to Halaulani Place.
(6) Puueo Street.
(7) Kinoole Straet.
(8) Kapiolani Street.
(9) Haili Street.
(1()) Kalakaua Street.
(b) The provisions of this section shall not apply to an operator
of a motor vehicle who desires to make a left turn within these restricted
areas for the purpose of entering a private 8riveway, a public or private
garage or warehouse. It is provided, however, that before making any
such left turn within such. restricted areas the operator shall bring.
the motor vehicle to a full stop and shall then proceed only after giving
the proper signal indicating a left turn.
AR'T'ICLE IV
pedestrians' Rights and Duties
Section 17. Pedestrians' Right of WaY.
(a) The operator of any vehicle shall yield the right of way to
e pedestrian crossing the roadway within any marked crosswalk; or within
any unmarked crosswalk at the end of a block, except at interaeetiona
where the movement of traffic is being regulated. by police oi'fioera;
and it is further provided, that the operator of any vehicle shall some
to a atop end yield the right-of-way to any blind person in case such
person, when crossing any street or roadway, shall. carry a white cane
end continiielly blows a whistle similar to the type of whistle carried
and used by a police or traffic officer.
(b) Whenever any vehicle has stopped at a marked crosswalk or at
any intersection to permit a pedestrian to cross the roadway,. it shall
be unlawful for the operator of any other vehicle approaching; from the
rear to overtake and psss such stopped vehicle.
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(c) Fvery pedestrian crossing a roadway at any point other than
within a marked or unmarked crosswalk shall yield the right-of-way to
vehicles upon the roadway.
(d) The provisions of this section shall not relieve the operator
of a vehicle or the pedestrian from the duty to exercise due care.
Section 18, Pedestrians' Rights snd Duties at Controlled Inter-
section~.
At intersections where trafr'i.c is controlled by police officers,
operators of vehicles shall yield the right-of-way to pedestrians crossing
or those who have started to cross the roadway on "Go" Signa:L, and in
all other cases p®destrians shall yield the right-of-way to vehicles
lawfully proceeding directly ahead on "Go" Signal.
Section 19. Pedestrians to Use Hight Ralf of Crosswalks.
Pedestrians shall move, whenever practicable, upon the right half
of crosswalks.
Section 20. Boarding or Ali~ting from Vehicles.
It shall be unlawful for any parson to board or alight from any
vehicle while such vehicle is in motion.
Section 21. Unlawful Riding. It shell be unlawful far any
person to ride on any vehicle upon any portion thereof not designed or
intended for the use of passengers when the vehicle is in motion. This
provision shall not apply to an employee engaged in the necessary
discharge of e duty, or to persons riding within truck bodies in space
intended for merchandise.
4HTICLE V
Stopping, Standing and Parking
Section 22. Stopping Prohibited in Specified 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 neces-
sary to aveid conflict with other traffic or in compliance with the
directions of a police officer cr traffic control sign or signal:
(1) Within an intersection.
(2) On a crosswalk.
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(3) Within twenty-five (25) feet from the intersection of
curb lines or, if none„ then within fifteen (15) feet of the interaec-
tion of property lines at an intersection, except at alleys.
(4) Within twenty-five (25) feet ,~pnn the anproech to any
stop sign.
(5) Within fifteen (l.5) feet o?' the drive~roay entrances to
sny fire 4t>ti^n.
(5) lNithin fifteen (15) feet of e fire hydrant.
(7) In Pront of s private drivrway.
(8) On a sidewalk.
(9) Alongside or opposite any street excavation or obstruction
when such stopping, standing ar parkS.ng would obstruct traffic.
(10) On the roadway side of any vehicle stopped or ;harked at
the edge or curb of a street, except that this provision sha:Ll not
include United States mail delivery cars engaged in delivering or picking
up mail.
(11) At any place where officisl traffic signs have been erected
in conformity with this Ordinance prohibiting standing and parking.
`iection 23. Standing for Lcuding_or Unloadin Only i.n Certain
°laces.
(a) The Board of Supervisors may by resolution designeite the
location of passenger zones and loading zones, including bus stops, and
shell. erect and maintain or cause to be erected and maintained appropriate
signs indicating the same.
(b) It shall be unlawful for the operator of a vehicle to stop,
stand, or park said vehicle for a period. of time la;nger than i.s neceeaery
for the expeditious loading or unloading of passengers in any place
marked as a passenger zone.
(^) it shall be unlawful for the oper=tor of a vehicle to atop,
stand or park said vehicle for a period of time longer then is necessary
Per the expeditious loading or unloading of passengers, or for the un-
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loading and delivery or pick up and loading of materials, in arty place
marked as a loading zone. In no case shall the stop for loading and
for unloading of materials exceed thirty (30) mimxtes.
Section 24. Restrictions on the Operation of Busses.
(a) `Nithin the City of Hilo, the operator of a motor vehicle
common carrier of passengers (bus) shall not stand or park such vehicle
upon any street for the purpose of loading or unloading passengers at
any place other than a passenger zone (bns stop) officially designated
and marked as a bus stop, as provided for in Section 23 hereof.
(b) The Board of ~uper.vi.sors may by resolution designate and
specify, within the City of Hilo, Lha streets upon and over which any
motor vehicle common carrier of passengerq (bus) shall operate for the
purpose of loading or unloading passengers being carried for hire.
(c) P.fter such resolution is passed, the operator of a motor
vehicle common carrier of passengers (bus) shall not drive vehicle
over any street within the City of Hilo for. the purpose of loading or
unloading passengers being carried for hire unless such street shall
have bean designated and specified for this purpose by resolution of
the Board of supervisors in accordance with (b) eupra.
(d) The provisions of this section shall not apply to special
or chartered. vehicles, school busses or taxicabs.
SQCtion 25. Other Vehicles Prohibited from Parking in :8ua Stops,
Taaicab Stands.
It shall be unlawful for the operator of any vehicle other than
a bus to stand or park i. n. any officially designated bus stop, or bus
station o.r fox any vehicle other than a taxicab to stand or park in en
officially designated taxicab stand, except that the operator of any
passenger vehicle may temporarily stop in any such stop station or
stand for the purpose of and while actually engaged in the loading or
unloading of passengers.
Section 26. Busse: and Taxicabs Prohibited from Parking except
~n Designated Stands.
(a) It shall be unlawful for. the operator of any bus to stand
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or park, excepting between the ho~irs of 8:00 P.M. and 12 midnight on
week days and between the hours of 8:30 P.M. and midnight, and between
midnight and. 8:00 P.h4. on Sundays and legal holidays, upon any street
in any business district, as defined herein, at any place other than
at a bus stop or bus station, except that this provision shall not
prevent the op®rator of any such vehicle from temporarily stopping in
accordance with other stopping or parking regulations at any place for
the purpose of and. while actually engaged in loading or unl.o~ading
passengers.
(b) It shall be unlawful for the operator of any taxicab to
stop, stand or park his vahia e upon any street or highway in any
business district, as defined herein, for the purpose of soLtciting fares.
:iection 27. Parking Prohibited in Certain Plgces.
(a) It shall be unlawful far any operator to stop, stand or park
any vehicle upon a street, other than an alley, in such a manner or
under such conditions as to leave available less than ten (10) feet of
the width of the roadway for free movement of vehicular trafi°ic, eaoept
that en operator may stop temporeri.ly during the actual loading o.r
unloading of passengers or when necessary in obedience to traffic
regulations or traffic signs or signals or e police officer.
(b) It shall be unlawful for any operator to perk E) vEahicla within
a public alley in such a manner or under such conditions as to leave
available less than ten (10) feet of the width oP the roadway for the
free movement of vehicular tr=.ffic.
(c) It shall be nrlawful fnr any operator to park a vehicle in
Pront of any shewhouse, auditorium or building where a public; gathering
is held during the time of such a gathering except to discharge or pick
up passengers.
(d) It shall be unlawful frr any operator to park a v~:hicla on
Haili Street between Kamehameha end Keawe StreEits between the hours of
7:00 A.M. and 11:00 P.M,; except that an operator may stop temporarily
on said Hai_li Street during; thA ectnal loading or nnioading of
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passengers and or freight.
Section 2-~. Parking Time Limited in Designated Places„
The operator of a vehicle shall not Dark such vehicle 1.'or longer
than one hour at any time, between the hnurs oP 7:00 A.M. and 6:00 P.M.
of any day except Sundays anri public holidays on eny street within the
area of the City of H11o bounded by the following lines:
(a) The mauka boundary of Kinoole Street from its junr,tion with
the Puueo boundary of Wailuku Drive to the Puna boundary of Waianuenue
Avenue.
(b) The Puna boundary of 'Jvaiar_uenue Avenue from the mauka boundary
of Kinoole Streat to the mauka boundary of Keawe Street.
(c) The mauka boundary of Keawe Street from the Puna boundary of
Waiam.xenue Avenue. to the intersection with the mauka boundary of
Kilauea Avenue.
(d) The mauka boundary of Kilauea Avenue from its intersection
with the mauka boundary of Keawe Streat to the Puna boundary oP
Ponahawai. Street.
(e) The Puna boundary of Ponahawai Street from the mauka boundary
of Kil.euea Avenue to the makai boundary of Kameham~=ha Avenue.
(f) The makai boundary of Kamehameha Avenue 'from the Funa boundary
of Poneha`vai Street to the Yu.vee boundary of Waiam.tenue Aven.ua.
(g) The Puueo boundary of Waianuenue Avenue from the makai boundary
of Kamehameha Avenue to the makai boundary of Keawe Street,
(h) The makai bo~rndary of Keawe Stre;Y, from the Yuueo boundary of
Waianuenue Avenue to the Puueo boundary of Wailuku Drive.
(i) The Puueo boundary of Wailuku Drive from the makai boundary
of Keawe Street to the mauka boundary of Kinoole Street.
Signs shall- be erected and maintained in each block designating
the provisions of this section.
Section 29. Standing or Parking Close to Curb.
(e) Except when necessary in obedience to traffic regulations or
traffic signs or signals, the operator of the vehicle shall not atop,
stand or park such vehicle in a roadway other than parallel with the
edge of the roadway, headed in the direction of traffic, and with the
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ourb-side wheeis of the vehicle within twelve inches of the edge of
the curb, excegt as provided in the following paragraphs:
(1) In places where, end at hours when, stopping, for the
loading or unloading of merchandise or materials ie permitted, vehicles
used for the transportation of merchandise of materiels may back into
the curb to take on or discharge loads, when the owner of aueh vehicle
holds a permit granting him such special privilege, and provided
further that such permit shall. be either in the possrssion of the
driver 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 condi-
tions of any such special permit.
(2) The operator of a vehicle shall stt;nd or park at nn
angle of thirty (30) degrees from the curb *xithin parking lines upon
Kamehamehe Avenue and Ponahawei Streets, excepting only that portion
of Kamehamehe Avenue, on the makai side of Kamehameha Avenue from
Ponahewei Street to Mooheau Lane, designated as a bus station by
Section 24 (a) (3), and the Sheriff shall mark or sign or cause to be
marked or signed these str~eta.
(b) The Sheriff is hereby authorized to issue, to any owner of
a vehicle used to transport merchandise or materials, a permit, re-
newable annually, and to state therein the terms and conditions thereof,
allowing the driver of such vehicle the privilege of loading and
unloading while the vehicle is backed against the curb.
Section 30,' Parking Vehicle for Sale Prohibited.
It shall. be unlawful for any person to park upon a street any
vehicle displ.eyed for sale.
Section 31. Stopping on Hiahwava.
(s} On any highway not within a business or residence district,
no person shal.] park or leave standing any vehicle, whether attended.
or unattended, on the paved or improved or mein traveled portion
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of wuch highway when it is practicable to park or leave such vehicle
standing off the paved or improved or main traveled portion of such high-
way; provided., in ao event shall any person park or leave standing any
vehicle, whether attended or unattended, on such highway unless a clear
end. unobstructed width of not less than fifteen (15) feet on the main
traveled portion of said highway apposite such standing vehi<:le shall
be left for. free passage of other vehicles therein, and when a clear
view of szach vehicle ma,y be obtained Prom s distance of twp hundred
(200) feet in each direction on such highway.
(b) Whenever any police officer shall find a vehicle standing on
a highway in violation of the provision of this section, he i_a her®by
authorized to move such vehicle or require the operator or parson in
charge of such vehicle to move same to a posi-tion permitted under this
section.
(c) The provisions of this section shall not apply to the operator
of any vehicle which is disabled while on the paved or improved or main
traveled portion of a highway in such a manner and tc such an extent
that it is impossible to avoid stopping .sad temporarily leaving such a
vehicle in such a position.
(d) It shall be unlawful far the operator or person in charge of
any vet!icla to lesve or to cause to be ].eft on any highway, rocks or
any such obstruci.ion, whin; has been used i'or the purpose of blocking
the wheels of any vehicle to prevent etzch a vehicle from moving while
the vehicle has been parked upon. said highway.
(e) Any parson who throws or deposits any glass bottle, glass,
nails, tacks, hoops, wire, cans, or any other. substance likely to
inure any person, anima] or vehicle upon any public highway, shall. be
guilty of a misdemeanor.
(f) An}= person who accidentally or otherwise drops or permits
any destructive or injurious materia] to be dropped or thrown on any
highway shall immediately remove or cause the same to be removed and
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be responsible for any damage caused by same.
P.12TICLE VI
Operation of Vehicles
'' Section 32. Stop Before Entering a Thresh Street.
(a) The following streets and parts of streets are hereby
declared to constitute through streets for the purpose of this section:
waianuenue, Kilauea; Kameh~ameha, Ma no no, Keawe, wainaku, Puueo.
Every driver of a vehicle or. other conveyance traveling on any
street intarsecti.ng any through street above designated shall stop
such vehicle or other oonveYance, at the nleP o,:her.e such street meets
the prolongation of the nearest ,property line of auch through attest,
subject, however, to the direction of any traffic control sign or
signal or any holiee officer at such intersection.
The Sheri.fP is hereby ;:uthrr,iaed and rec?uired to place and main-
twin or caused to be placed :end creintai.ned on each. and every street
intersecting a through street de^t~?nated shove, and at or near the
property line of the through street, approl;riAte signG upon the street
(and in addition thereto may place and maintain any eparoi?ri.ete device
or marks in the roadway), such signs, devices or marks to bear the
word "Stop" and such signer to be located in such position and. to b®
grovid.ed with letters of a size to be clearly legible from a distance
of at least ene hundred feet ',lone the stree+t intersecting the through
street. A?.1 si_lch signs shall.. he i].1~xminetArl at night or so placed as
to be illuminated by the headl.ieh+.s of an sr,px•oach°in~r motor. vehicle or
by street lights.
Seotion 33. Operation of Vehicles on A^nroach of Authorized
Emer. ~;e.nr,,y Vehic?.es.
IIpon the approach of an~~ eut:harized emergency vehicle or vehicles
giving audible signal by bell, siren nr exhaust whistle, the operator
oP every other vehicle shall immediately drive the same to a position
as near as possible and patella? to the right hand edge or curb of
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the street, clear of any intersection, and shall step and. remain in
such position until the authorized emergency vehicle or vehicles shall
have passed, unless otherwise directed by a police officer.
Section 34. Following Fire ^.rnaratus Prohibited. It shall be
unlawful for the operator of any vehicle, other than one on official
business, to follow closer than five hundred feet any fire apparatus
traveling is response to a fire alarm, or to drive into or atop any
vehicle within the block where fire apparatus has stopped in answer
to a fire alarm.
Section 35. Crossing Fire Bose.
No vehicle shall be driven. over any unprotected hose oi.' the Fire
Department when laid down on an;r street, private driveway or railroad
track to be used at any fire or alarm of fire, without the consent of
the Fire Department official in command.
Section 36, Unlawful to Drive thro~xgh_Procession zJnless Directed
by Traffic Control Signals or b~ a Police Officer.
It shall. be unlawful. for the operator of any vehicle to drive
between the vehicles comprising a funeral.. or other authorized. procession
while they are in motion, provided that said vehicles are conspicuously
so designated. This provision shall not apply st intersections where
traffic is controlled by police officers.
Section. 37. Limit9tions__on_Turni.ng Around.
It shall. be unlawful for the operator of any vehicle to turn such
vehicle so as to proceed in the opposite direction unless suoh movement
can be made in safety and without backing or otherwise interfering with
other traffic.
(s) Provided, however, that, between the hours of 6:00 e.m. and
1 L•00 p.m, of any day, it shall he unlawful for the operator of any
vehicle to turn such vehicle so as to proceed in the opposite dir®etion
on Kamehemeha Avenue between Shipman and Kumu Street:q in the City of
Hilo.
Section 38. Limitetion4 on Backing.
The operator of a vehicle shall not back the same unless such
movement can be made in safety.
_Z7_
Section 39. Emerging from Alley or Private Driveway.
The operator of a vehicle emerging from an a]_ley, driveway or
building shall stop such vehicle immediately prior to driving onto a
aidewal.k or onto the sidewalk are» extending across an alleyway.
Section 40. Vehicles Shall Not Be Driven en Sidewalk.
'Phn operator. of a vehir,le shalt not drive within. any improved
sidawe.lk area except at a permanent or temporar.,y driveway.
Section 41. Obstruction. to Operator's View or Drivi~Mechani_am.
{a) It shall be unlawful for the operator of any vehicle to
drive the same when such vehicle is so loaded, or when there are in the
front seat of such vehicle such number of persons, as to obstruct the
view of the operator to the front or sides, or to interfere with the
operator's control. over the driving mechanism of the vehicle.
(b) It shall be unlawful for any passenger in a vehicle to ride
in aueh position as to interfere with the operator's view ahead or to
the aides, or to interfere with the operator's control. over the driving
mechanism of the vehicle.
Section 42. Clinging to Moving Vehicles.
It shall. be unlawf~il for any person traveling upon any bicycle,
motorcycle, coaster, sled, roller skates, or any toy vehicle to cling
to or attach himself or his vehicle to any other moving vehicle upon
any roadway.
Section 43. Riding on Hsadle Her Prohibited. It shall be unlawful
for the operator of any bicycle or. motorcycle, when upon the street, to
carry any other person upon the handle bar, frame ox• tank of any aueh
vehicle, or for any person tc so ride upon env such vehicle.
Section 44. Uae of Coasters, Roller Skates, and Si.vilar Devices
Restricted.
It shall be unlawful fo.r any person upon roller skates, or riding
in or by means of any coaster, toy vehicle, or similar device to go upon
any roadway within the business district of the City of Hilo except while
crossing a street on a eroaswAl.k.
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Section 45. Motor Vehiclea:f.eft Unattended, Brakes to be Set and
Engine Stopped.
No person having control. or charge of a motor vehicle shall allow
such vehicle to stand on any strut unattended without first setting
the brakes thereon and stoppina_, the motor of said vehicle, and, when
standing upon e pereeptibl.e grade, without turning the wheels of such
vehicle to the curb or the side of the street or highway.
Section 46. Lights on Parked Vehicles. Whenever a vehicle is
parked or stopped on a street during the times between one-half hour
after sunset and one-half ho~xr before sunrise or at any tither time when
there i.s not sufficient light to render clearly discernible any vehicle
on the street from a distance of ?00 feat, there shall be displayed
upon such vehicle one or more lamps, one of which shall be an the road-
way aide end project a white li-ght visible under normal atmaepherie
conditions from a distance of 500 feet to the front of such vehicle
and one of which lamps shRl] oroeet a red limit visible under like
conditions from a distance of 500 feet to the rear, except that such
parking light or lights need net be displayed upon any vehicle stopped
or parked. in accordance with other crovisions of this Ordinance upon
any street within the area desiansted by Section 2.9 of this Ordinance.
Section 47. Persons under the Influence of Intoxicating Liquor
or Narcotic Drugs.
It shall be unlawful for any person who is a habitual user of
narcotic drugs, or any person who is under the influence of intoxicating
liquor or narcotic drugs, to drive any vehicle upon any street or other
public way.
A person convicted of s violation of this section shall. have his
license suspended for such time as the Court may deem =roper and shall
be punished by a fine of not more than one hundred dollars; on a second
or subsequent conviction, any person eo convicted shall be punished by
having his license suspended for at least one year end by a fine of
not more than five hundred dollars.
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Section 48. 0 eration of Vehicles by Minors.
Ne pe.rson under the age of fifteen (15) years shall drive, operate,
propel or be in charge of any motor vehicle upon any highway.
Section. 49. Reatrieti.ons as to Sueed.
(a) Basic Rule. No person shsll drive ~ vehicle upon e highway
at a speed. greater than i.s reaso m:~hle and. prudent, having due regard
to the traffic, surface and width of the hi.gh>n~ey ar~d the hazsrd at
intersections and any other conditions then existing.
Nor. shall any person drive ~t :, speed which is ~rea_ter than will
permit the operator to exercise.greper control of the vehicle and to
decrease speed or to stop as may be necessary to avail. colliding with
•sny person, vehicle or other conveysnce ~.tpon or entering the highway
in eomplianre with legal requirements and with the ditty of operators
and other perecns using the highway to exercise due care, provided.,
that this provision shat.]. not be construed to relieve the plaintiff i.n
any civi]. action from the burden of proving negli€^ence ugon t;ho part
of the defendant as the grosimste cause of an~~ accident.
Ariy person violatinf~ the above basic male shell be guilty of a
.misdemeanor.
(b) Application of Tndiasted Speeds. Any person who drives e
vehicle upon s highway st a srPPd in exces° of that indicated as follows
for the particular district or• location, and who, while ~o driving,
violates the basic rule set forth in subdivision (°:1 or any provision
of Articles VI to XII, both incl.usi.ve, shall upon a first conviction be
punished by a fine of not more thsn two hundred and fifty (250) dollars,
and upon. a second or subsequent conviction shall ba punished 'by a fine
of not more than five hundred (b00' dollars.
Said indicated speeds ire as follows:
1. Twenty mil.ea gar hour:
(a) When passit~~: a public or private school bu:Clding, on
days when srheo] ie~, being held therein, or the grounds
thereof, "between the hours of 7:1E .d.M. En<i 5:00 P..M.
(b) When ~t;greHChin~; ~.vithin one hundred feet of a grade
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erossin;-e of s stesm railway where the operator's
View of s~,ch crossing or of any traffic on such
railway within a distance of four hundred. feet in
eitt,ar dirHeti~n is obstructed.
2. Twenty-five mi7.es per hour:
(a) In any b,.tsi.nass district ns defined herein, or
(b) Upen apnropr_hing within fifty feet and i.n traversing
an intersection of highweya where the operator's
view in either direction e]ong any intersecting
highway within q distAnce of two hundred feet is
obst.rncted, exr,ept that when treve]tnp; upon a
through. street or e traffic controlled in.tersecti.on
the di=tract speed sha]7 apply.
3. Thirty miles per hour:
(a) In any residence dist.riet as defined herein, or
(b) At any rai_]wey grade crossing whore the view i.s
not obetr,.~cted, or
(c) In public parks within cities.
Section 50. Minimum Speed. Re€ulation.
It shell. be unlawf=:,l for any person unnecessarily to drive at such
a slow speed ea to impede er bloc}~ the Hormel and reasonab]e movement
of traffic except when reduced speed is necessary far safe operation
or because upon a grade or when the vehic]e i.s ~ trunk or truck and
trailer necessarily or in cempl3aneP with law proceeding at reduced
egged.
Traffic and police officers ire herehy authorized to enforce dais
provision by directions to ol,erators, and in the avant of apparent
wilful disobedience to this provision end refuse]. to comply with direc-
tion of an officer in accordance herewith the continued slow operation
by a driver shall be unlawful and constitute e misdemeanor.
Section 51. When Speed Limit Not Applicable.
The speed limits set forth in this act sheii not apply to author-
izad emergency vehicles when o*?erated in emer~:encies and the operators
thereof sound audlble aig.nal by bell, siren or exhaust, whistle. Thi.e
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provision shall not relieve the operator of an authorized emergency
vehicle Prom the duty to drive with due regard far the ssfety of e17.
persons using the street, nor shall. it protest the operator of any ouch
vehicle from the consequence of a reckless disregard of the safety of
others.
Section 52. Drive on Ri~zht Side of ??iyhw.~Y.
(e) Upon all highways of sufficient width, other than one-way
highways, the operator of a vehicle shall drive the same upon the
right half of the highway except when the right half is out of repair
and. for such reason. impassable or when overtaking and passing another
vehicle subject to the limitetionv set forth in Section 56.
(b) In driving upon the right half of a highway the operator
shall drive as closely as practicable to the right hand edge or curb
oP the highway except when overte.ki.na, or passing another vehicle, or
when placing a vehicle in position to make :left turn.
(c) In approaching any bridge, or approaching or crossing a
railroad right oY way or an i.ntersectian of highways, the operator of
a vehicle shall at all times cause: such vehicle to travel on the right
half of the highway unless such right half is out of repair and for
such reason impassable. This provision shall net apply upon a one-way
street.
(d) In driving upon a one-way highway the operator shall drive
as closely ea practicable to the right hand sdge or curb of the highway
eacept when overtaking or passing or traveling parallel with another
vehicle or when placing a vehicle in position to make a left turn.
Section 53. Special. Regulations ,~FFlicabla on Streets and
HiRk-ways I.aned for Trafffc.
Whenever any street or highwa~r has been divided into clearly
marked lanes for traffic, operators of vehicles shall obey the following
regulations:
(a) A vehiole shall normally be driven in the lane nearest the
_22_
right hand. edge or curb of the. highway when said lane is available for
travel except when overtaking any other vehi.c]e or in preparation for
a left hand turn or as permitted in subdivision (dl.
(b) A vehicle shall be driven as nearly as is practicable
entirely within a single lane and shall not be moved from such lane
until the operator has first ascertained that s~_ich movement can be
made with safety.
Section 54. Passing;; Except as otherwise provided in this
section, the following rules shall. govern the overtaking and passing
oP vehicles:
(a) The operator of e vehicle overtaking another vehicle pro-
ceeding in the same direction shall pass to the left thereof at a
safe distance and shall not attain drive to the right side of the high-
way until safely clear of such overtaken vehicle.
(b) The operator of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on suitable and audible signal
and shall not increase the speed. of his vehicle unti]. completely passed
by .the overtaking vehicle.
(c} The operator of an overtaking motor vehicle when traveling
outside of a business or residence district and. under other conditions
when necessary to insure safe operation shall give audtble warning with
his horn or other warning device before passing or attempting to pass
e, vehicle proceeding in the same direction.
(d) Drivers of vehicles proceeding i.n oprosite directions shall
paaa~ etch other to the right, each giving to the other at least one half
of the main traveled portion of the roadway, as nearly as possible.
BecY,ion 55. Limitations on Driving on Left Side of HiKhwav.
Tha operator of a vehicle Ghall not drive to the left aide of
the center line of a highway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly
visible and. is free of anooming traffic for a sufficient distance
ahead to permit such overteki.ng~ and passing to be completely made without
impeding the safe operation of any vehicle approaching from the opposite
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r
direction of any vehicle, overtHkan, nor shah the operator of a vehicle
in any event drive to the ].eft side of the center line of a highway
when approaching the crest of s grade or upon a curve in the highway
where the operator's view along the highway is obstructed wit•bin a
distance of five hundred (5001 feet.
gectton 56. Following Too Closely.
w
(a) The operator of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having d.ue regard
to the speed of such vehiclee and the traffic, upon and condition of
the highway.
Section 57. Right of 'aYa3~ Between Vehicles.
(&) Vehicles approaching an intersection. 'Phe operator of a
vehicle approaching an intersection shat] yield the right of way to a
vehicle which has entered the intersection. lNhen two vehicles enter
an intersection at the same time the operator of the vehicle on the
left shall yield to the operator. on the right,
(b) Vahicle enteri_np,, e thro~zgh highway. The operator of any
vehicle who has stopped Fly required by law et the entrance to a through
highway shal_1 yield to other vehicles within the intersection or
approaching so closely on the through highway aG to constitute an
immediate hazard, but said operator having se yielded may proceed and
other vehicles approaching the, intersection on the through highway shall.
yield to the vehicle so proceeding into ar acroGs the through highway.
'`-,~ (c) Vehicle turning left at an intersection. The operator of
4`Sr ~~
8 vehicle within an interser,i;i.on intending to turn tc the left shall
yield to any vehicle approaching from the opx~osite direction which is
within the i.ntersectior. or so close theretr, a=~ to constitute an immediate
hazard., bizt said operator having; sc yielded. and. having given a si3nal
when asd as required by le.w ma,V mare uch left turn, and oY,her vehicles
approaching the intersection from. said opposite direction eha:Ll. yield to
the operator making the l.efr, t~]rn,
Section 5H. ExceFtions to kight of 'iual'.
(a) The operator of e vehicle entering s public highway from a
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private road or. drive shell yield the right of way to all vehicles
approaching on such public hiNhw~~.
(b) The operator of a vehicle upon a hi.a~hway shall yield the
right of way to all emer~enc+~ vehicles when. the latter are operated in
e.mergenci.es and the operators tharen~ sound audib)_e signal. b;y bo.ll,
siren, compression or exha,.ist whi^tle. This provision shall. not operate
to relieve the operator of an ent}ori.zed emer~?ency vehicle fxnm the duty
to drive with due regard for the e•afety of ell parsons using the hiahwsy,
nor shall it protect the oper~~tor. of ?h}~ such vehicle from the consequence
of an arbitrary exercise of 9nch ri.aht of way.
Section 59. Turning at Intersections.
Ire operator of e vshcl.e intending to t,~rn et an intersection
shall do so as follows unl~=s~ e different method of turni.e~~ i_s directed
by buttons, markers or scans ,t inter:~ectinns, ir. v+hi_ch event turns shall
be made in accordance with the dirPCtion of such. markers, buttons or
signs:
(a) Approach far a right t+~rn shall be made in the lane for
traffic nearest to the right hand aide of the; highway and the right turn
shall be made as closely es ;~recticable to the right hsnd edd:e or curb
of the highway.
(b) Approach for a left turn shall be made i.n the Lane for traffic
to the right of and nearest to the center ling of Y.he highway, and the
left turn shall be made by pessine Y.o the right of such center line where
it enters the intersection and upon leaving the intersection by passing
to the right of the center line of the highway then entered.
(c) Approach for a left t+~rn from e two-wap street into a one-
way street sh.al.l be made in tha lane for traffic to the right of and
nearest to the center 7.ine of the highway and by rsssing to the right
of such center line where it enters the intersection. A left turn from
a one-way street into a two-way Qtreet yha]) he made by passing to th.e
right of the center line of the street being entered. upon leaving the.
intersection.
_25_
Section 80. Mountain Drivi~.
(e) The operator of ~ vehicle sh~tl not turn. such vehicle around
so as to proceed in the opposite direction upon an}~ curve or upon the
approach to or near the cra^t of s ~radP or at any place upon a highway
where the view of such vehicle is obstructed within a distance of five
hundred (500) Peet along the highway in either direction.
(b) The driver of a motor vehicle traversing; defiles, canyons or
mountain highways shall hold such motor. vehicle under control and, as
near the right hand side of the h^.ghway as reasonably possible.
ARTICI.F, VII
Miscellaneous Provisions
Section 61. SiRtzals on Starting, Sto~>in~, and Turnin~q.
'Phe operator of any vehicle upon a public highway before starting,
turning or stopping such vehicle she l] first see that Qur,h movement
can be made in safety; then, if any pedestrian may be affected by such
movement the operator shall give e clearly audible signal by sounding
a horn or. other warning device, and whenever the oper.sticn of any other
vehicle may be affected by this movement the operator shall give a
signal plei.nly visible to the operator of such ether vehicle of the
intention to make such. movement. So.ch visual signs]. may be given either
by the use of the hand and arm i.n the manner hereinafter provided, or
by means of a mechanical or el.ectrie device which meets the requirements
hereinafter set forth and which has bean approved b;y the Board. of
Supervisors as hereinafter provided.
Whenever the signal. is given by means of the hand and arm, th®
operator shall indicate his intention to turn to the left by extending
his 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 upward and beyond the left side of the vehicle, and. his intention
to atop or to suddently decrease speed by extending his hand snd arm
downward from and beyond the ].eft side of the vehi.cl.e.
Tha signal herein required to be given before turni.ns; to the
right or left, whether given by means of the hsnd and arm or by means
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of e mechanical or electric, deviet~ e ~-,rnv~,d by th.e Boc:.rd of ;3uperviors,
sh:;ll be given continuons.ly durintc the list fifty (50) .fs•~t traveled by
the vNhiclf~ before turni n~:,
.>i~nal J.ights will nor, Tie enr~si.dersd v= 1epa1 sianela for the
prov9~:;enr~ of this section.
°.ac:tion 62. In ur`r~~ er Trm.•ernF; with a Vehicle.
('a) ^r!9 person Vdhn chFtl]. indiVidtl^.ll.V cr ir! 7j°G_lCi~;ti.On c~Iith one
or more pa~~=:rns wilful]_v bre-~k, in;tura, tamper with nr remove any part
or ^•~rrs cf 3ny vahiole fnr t}ts -,„rposP of in~turinp:~, defacins; or riestroy-
inks sur.h vahicie, or temnararily cr r~erm.anen.tly prevantir~z ita useful
operation, or for any purpos<, es,•~irst the 5nri,'i or without the consent
of the ntvner of such vehicle nr who sh=.~.'•7 in any other manner wilfully
or malieicusly interferr~ _~~rh or _ravent the runnin~:r or operation of
such vr~hicle, shall be gr~iltp of. n miedamF~anor, :in;,- psernnn arrested
upon a ch,ar~a of vi.olatir~r thiG sa~,tion may be taken iarmedistely by
the ar.restin~ officer before the nearest or moRt accessible magistrate,
(b) «r':Y person who shall without the consent of the o~.bnex• or
per~~~:n in chi--: r.~e of a vshicle~, cli.Mh, with the i.~,tent to commit any mali-
cirnts mischief cr injury thar•s or with intent to commit any crime, upon
or into such veb.icle, whether the ^nme he in motion oT at rest, or who,
while s~rch vehicle is at rest and nnettended, shall Rttempt to manipul..ate
?nv of the levers, the st!.rtin,~ crank; or oth.ar devices, brake;? or.
maebeni=m theTaof, or to sat ssirl vehicl.a in motion shall be pguilt,y of
? mie, d.P. mlaa nr~r+:. /\ny parson aTPr.Gtarv tr *~.On Ch nTQP. Of vi nl n.ti. n€J this
eect.io^ my be taken immedietel.y bn the !!rrestina officer before the
nearPfit c.r most Gccassibla m~ciatrete,
The• rr~tvir=ion of this ser:tinr iy not intended to melee, it ille{3al
for. another nTa.rator to moves ~notk:~er vehiel.e peskad in such a manner
that he, c-annot, move his vehicl.a t!ntil such ether vehicle is moved.,
Ser,ti.o~ FS• Pedestrian tov';_lk, nn Left Side oP ??i~z.hwav.
It s•.hcll be unlawfu'_ for any pedesT.rian to wt;lk slcng aVnd upon any
highw4y outside of a bu=mess or regidanca d9striet otherwise than close
to his leftband ed}Ze of the hif;hway.
_%'?q_
Section 64, iNidithLLen<*th -.nd Het ht of V..hicles Restricted.
~'~---
Aio motor. or other Gower vPhiole operntsri on u F~~blic highway shall
ex.ePed or be more than Pit~~ht (9) fPPt in width; end thtrteer.G (13j Peet
in height; nor have a wheel. base lnn~.er than two h:tndrad twsnt
y (220)
i.nehes; and no bed or body of ny motor or power vehicle ehall extend
or overhang in the rear from the rear axle cf Guth vehicle, more than
e distance enual to P.ifty-fi.ve (65~) percent of the length; the point
of mPASUrement in determining, said fifty-fi_ve (F5~») perc.Pnt of the
length of the wheel base extension in the rear shall start et the
center line of the rear axle heurina; provided, howevez•, that the
restriction regarding length of *.he bed or body of eo?' motor or power
vehiclF: shgl.l. not apply to any snc,h vehicle enuirned ~a~ith ~ dual rear
axle, and. That the foregoing ~movisions of this pare,graph shall not apply
before the first day of January 1939 to any vohinle licensed prior to
laecember 81, 1987; provided further, that no person, load, freight or
any ether object shall. be carried i.n nr ~^ such vehicle which extends
beyond the width and/or hsight of sei.d vPhiole as provided in this
section; provided, however, thAt the restrictions of this section ahall
not appl;r to any r7otor or other power vehicle which i.s ren_ularly used
by An sa-'ric~~ttural anterpri.se i.n the fields or the private reads of
such agric~.tltraral. enterprise Pod which use of the public highways is
only incidents-.1 to transportation frr?m the field. to the mill. and return.
SPCtic.n 65. Horns and 4Yr;rnir_r~ D~ ices,
Every motor vehicle when opera~.ed open e highw.^-.~~ shal] be equipped
with e horn in Good workin~c ordeT~ capable oP emitting sound audible
under normal. conditions from a di.stsnce rof two h~_indred (20(1) feet or
more, and it shall be unl4wful; except es othe:rwi~P provided in this
section, for Any vehicle to he Pnnilped with nr for any person to uae
^pen ~ vehicle any siren, or any comprPS;,inn ~,• spank plug whistle or
any e~shaust horn ar whistle which does oat produce a hArmnnicua i0und~
or for any person At any timF to use a horn otherwise than as a
reasonable warning, or to make env unnecessary ~r unreasonably loud. or
harsh sound b,y meanq of a horn or other warning device.
_~$_
(b) Eery authorised emergency vehicle shall be ecuippad with a
bell., siren or exhaust whistle of a type approved by the Sheriff.
Section 66. Rear Vision Mirror Re rniired.
T.t shall be unlawful for any person to ~perete e motor-gropelled
vehicle upon a public hig,hw*~,y unless such vehicle shA]1 have attached
thereto a rear vision mirror en placed 9s to afford the operator thereof
a reflected view of traffic to th~> immediate rear of such vehicle.
Section 67. Windshield Wiper.
It shell be unlawf~~.] for any person to operate a motor-p.ropell.ed
vehicle upon a public highway !an]P~s such vehicle sha]1 have attached
to the windshield, iP any, and on the driving side thereof, a suitable
and workable windshield wi.par which mey be operated by hand or auto-
matically.
Section 68. Prevention of Noise_,_Smoke, Etc., Muffler Cut-outs
Regulated.
(s) It shall be unlawful for any person to operate e v~>hic.le on
a public highway unless such vehicle i.<. equipged with. a muffler desi-fined
for that particular type of vehicle, i.n good working order and in con-
stant operation to prevent excessive or. unusual noise and annoying
smoke.
(b) It shall be un.lawf~~L to use a "muffler cut-out" on any motor
on a public highway. ~~ "muffler cut-out" i_natalled en any mr>tor vehicle
capable of being operated from the ape.ratcr's nositien shal] be considered
as a violation of this Section.
Section 69. Poetere, on ~4'indshields.
It shall. be unlawful for any person to operate a vehicle on the
public highway with "stickers" or posters on the windshield covering an
arse greater than four (4) inr,hes by six (6) inches and such "stickers"
or poatera shell be pleced i^ the lower right hand crrner of windshield.
The same requirement shall prF~vail fur rear window in vehicles where
the use of rear vision mirror is through such rAar window and. on side
wings or auxiliary windshie?.d~~.
Section 70. Lights.
No person shall ride, drive nr propel any vNhiele between th.e hrn.irs
_2g_
of one-ha]_f hour after sunset and one-half hour before sunrise, unless
there shall be fastened t o the front thereof at least two lights, of
the kind prescribed by Territeria? l,~v~, ~r thF Terr~irnrp of Rawaii,
clearly vi:~ible et a disr.aneW •,f thrre hr,t?r3r~t1 ('xn0? r~,~t And featene~l
to the rear thereof s l~,m., er '_~mps ee fixed and 1is-.ht,ad as to throw e
Red light to the rear er.-? a Ntrit~~ ~li.,z~t dir.-ci.1y upon its registration
number. No person shall. ride or drive a bicycle, tr•icycl.e or motorcycle
in zany strNet between the said hnu~• without bovine, rittvched to the front
thereof a Ldhite light, and. to the rer;.r therecf a Red. light, clearly
visible for a distance of two hundred (200) feet. •
Sartion 71. Red or Green Lir,ht~ in Frar.t of Vehicle prohibited,
It shall be unlawful. for any person to drive or move any vehicle
upon a highway with any red or green l.iuht thereon visible from directly
in front thereof, excepting ths;t licensed passenger carrying busses may
each di~~play one red light in front center above the center of the
windshia:Ld.
Mention 72. F1aA or Ltaht at Bnd of Load.
Whenever the load on any vehicle shall extend more than four (4)
feet beyond the rear of the be~i or bod=r thereof, there shall be displayed
at the ?nd of such load in such ^o~ition as to be elNerl,v visible at all
'times fro*n the rear of such vehir,le a Red fl.aa net lees than twelve (12)
inches both in length and width, exnept that between one-half hour after
sunset and one-half hour h~f~rq r,xnr;aP theca, shall be displayed at the
e.nd of each load a Red light, rain"•;~ vi e;bla ~~ndar normal. atmospheric
conditions at least two h~,andred (?C~C1 f'e~t from the reer of Gurh vehicle.
Secti nn 73. Araks Te'=te RAmiira,l
vary motor vehicle cr ~+~~mhinatior~ of mot~~r vehicle and trailer
opera*,inJr ,.t.pon any public 'r~i_~,-n~~,,_, ",hall he e;uipped tvitt~ brakes which
shwll he kepi, in good world npr order ededusste to bring s~arh vehicle or
vehicle and trailer to a cornpl.ece stogy: •rrhen tented ur,;, dry asphalt or
ecaerete pavement surface where the wade doe.^, not sa~:eed one= (lJ per
cent, !and when operating ~t epeerls ~"t down in the fo:Llowi.n~, tables
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within the distance set out opposite such speeds, to wit:
Miles per Hour
Stopping Distance
10
15
20
25
30
35
9.3 Peet
20.8 feet
37.0 Peet
58.0 feet
83.3 Peet
113.0 feet
provided, no vehicle shall be tested for brakes efficiency at a speed
in excess of thirty-five (35) miles per hour or in excess of that
permitted by law Por such vehicle. It shall be lawful for any police
officer, sheriff or deputy sheriff to notify the owner or operator of
any motor vehicle to appear at the Police Station oP Hilo or at such
other place as may be designated by the Sheriff to have the brakes of
said vehicle eaemined and it shall be the duty of such owner or operator
to so appear within twenty-four (24) hours.
Section 74. Official Headlight and Brake_Testin~ Stations.
(a) The Sheriff of the County oP Hawaii is authorized to
designate, furnish instruction to, and to supervise official stations
for adjusting heed lamps and auxiliary driving lamps to conform with
the provisions oP this Ordinance.
(b) The Sheriff of the County of Hawaii is authorized to designate,
Furnish instructions to, and to supervise official stations for adjusting
brakes to conform with the provisions of this Ordinance.
(c) The establishment of official headlight adjusting and brake
testing stations shall mean the designation of any place which shell
comply with the requirements for a test station as determined by the
Sheriff of the County of Hawaii. When head lamps or auxiliary driving
lamps have been edjueted or brakes tested, a certificate of adjustment
shall be issued to the owner or operator of the motor vehicle, on :a Porm
prescribed by the Sheriff, en d showing date of issue, registration number
of the motor vehicle, owner's name, make of vehicle, and official desig-
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nati.nn oP the edfuating stati.cn,
(d) Tf the SherifY finch that the bnginess o:f any official
adjusting of testing station. i.s being poorly or badly conducted, he may
revoke the designation of such stntir+n.
(e) It shall be lawful for *.he Sheriff to establish and operate
testing st~tiona for an, or ell of the above purposes at any or all
locations where he considers such stations necessary for carrying out
the provisions of this (?rdinance,
Section 75. Improrer Use of Rocda.
It shall. be unlawful.. to one rate any vehicle upon any street or k
highway in such a manner that the pa rte of the vehicle, or the load
carried thereon, shall damage the road, For the purpose of th.ia Ordinance
^D;;mage to the road^ shall. ha defined es such effect; on the road or
structures es will impair the riding quclities of the road., o:r require
repairs in order that the anticipoted life of the road or structure may
not be decreased. The on.roer of spy vehicle c^neinu damage to a public
highway as defined. in this sar,tinn shall ba, held re9ponsible f'or all
coats to re:?tori.ng said hi.szhwpv tc its conditions prior to the: damag®.
Section 76. ilea of Flen~es, Gtr,., on Nlheels Restricted.
Ne traction engine, road engine, hauling engine„ tr=.iler steam
rnl7er, automobile truck or ether Hower vehicle shall. be operated upon
any public highwa.V, the fare of the tires of which are fittedwith
flanges, ribs, clamps, cleats, lugs, chains, spikes or other p~ro3eetions
destructive to the road s~.rrf~re other than rubber blocks. This? regule-
tinn eop3ies to e11 rings or flsnszes anon ~z„idioa or steering vrheela
nn any such vehicle. In cases of traction enai_nes end steam pl.owa which
are equipped o.r provided with P'I~nges, ribs, r•~~mp4P pleats, rings or
l,ras, s~,ch vehicles shall bA permitted to p*~~•s
over env public highway
provided that cleats be fastenAd „non all the ufi eels of such •ehioles,
not less than 2~ inches wide and not more than L,.~~ inches high, so placed
that not less than two (2) c].e»ts on esch wheel shell. touch the ground
at all. times, and. that the weia~ht sh^l.l bP the Rama on All parts of said
cleats. llehiclea of the track laying type shell. not be operated on e
_g2_
pnblir, hiaY,wa9 unless th? nor+.i nn of the trr.~r,k in contact with the
hi_ghwr+v ie provided with a smooth surface nP sufficient area to carry
the lo!td of the vehicle ~,vithc~a~t d>~ma~re to the rued.
`section 77. Wei,>_,ht of-S/r^hicl^_s_Reytricted. Nn vehic:Le shall be
operated or moved upon any ?~~ b7.ic ri~;hway, ~+~tiich has a total. weight in
axceGs of 26,000 pounds, incl~~dinr vr~:inl_e end load whf=n such vehicle is
equipped with aot more tY!en`fnu:r wheels running; afi the highway, ar having
a total weight of 34,000 pound- inc]udi-ng the vehic7r, and load, when said
vehicle is e~ui.pped with six or more wheals and three or more axles and
when the additional axle or axles shall be spaced not closer than forty-
two (42) inches to the adiacent axles. Provided, however, that for
vehicles permitted a maximum gross lead oP 26,000 pounds the maximum
axle load shall not exceed 20,000 pounds end the maximum wheel load
shall not exceed 10,000 pounds, and for vehicles permitted a maximum
gross load of 34,000 pounds, the maximum axle load Rhall not exceed
14,000 Hounds and the maximum wheel load shal.] not exceed 7,000 pounds.
It shall be illegal to operate upon e pub].ir, htahway any combination
of motor vehicle= crd trciler^~;, tY~~ combined ].engrh of arhich exceed
^~rhty-fi.vr (85) Peet.
?!'or the purposes of this sentinn exl.es placed in the same transverse
plane which are closer together th~xn forty-two (42) inches shall be con-
sidered as one axle.
Sect inn 78. Limitation of Weight sod ,Weer Defined. No vehicle
equipped wholly ar partly with metal tires or vehicles resting on any
metal raper, wheel or other or~ecY, ar partior.~ tYer•eof in contact with
the highway, the weight of which with its load exr,eeds five hundred (500)
pounds upon any inch of width of tt~e tire, shal] be operated upon any
public .highway; provided, ho~.vetrer, that traction engines or tractors,
the propulsive power of which i.y exerted not through wheels resting upon
the ground but by means of e fl.exi.ble bend or chain known as a movable
track, shell not be subject ±a the foregoing limita.ons upon permissible
weight per inch of width of tire, if' the portions oP the movable track in
contact with the staface of the high,nray preeent a n1e?.n surface.
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.. _ .r:. _
No vehicle eauipped with. pneumatic tires, the weight of which
with its loed exceeds ei~zht hundred (gOp) pounr?~; p?r i.neh of width of
tiro shall be operated uper.~ any nublie highway,
No vehicle equipped wholly or pertly with eb13d tires {other than
metal) the weight of whir.!? v~ith its load ?xcc:eds six hundred and fifty
(550) pcunds nn any inch of ..he r,',ennel b::4F width cf tt~e tine used
thereon, shall. be operated ut:on any nublie hishm~,~y. The total width
of r11 the tires on any onF -nrhe.el shall be deemed the width of one tire.
No vehicle equipped with so7i.d rubber tir.e;~ shall be operated upon
any public highway if the *hir•lzness of ;e.ny s•;ch tine is less than the
minimvrr thickness according to the fc~ll.rnai.nc table:
IYidth of Tire &iinirrum 'Phickness
3 inches to 5 inches,
inclusive. ]'_ inch
6 inches to F3 i ~•r,b.es,
inclusive
14 inche~~
10 inches ar~rr? ov-~~• l~ iech~s.
Nc vehicle eaui.pped wi.tt~ s^, id rubber tires= s}„111 be operated
wren any public highway when the v•;ri^t`~n in width of the entire
trseticn surface of any aolia rubbF~r tiro dui: t,c in`++rV or weer shall
exceed fifteF:n {15) per rent rr =r~hr:r1 t,r~„
ver.i^ticn in thickness en any
~;r*_ of the traction surfncA sr;all exePed fifteen (1F)'per rent, or
~~rhen serf ^ortion of the .r+~bbe r i riot .~=ec„rEl-y attached to the channel
ba::~: N,^ du°~ 5e7 id rubber t ires sh?l 1. bP permitted to be used on any
public highway if theca is r;n -vNrnr~.e difference sure.ter than one-
eighth (1/9) inch between tP.a nr?t~ir'e diameters of each of the single
tiers rompo~:ing the dual tire, .
?e~r*.ion 7;', Permission to Oner~te Cert=in Nervy ~Iehicles.
mi,e Cc,unty nt,ineer may f<r.ant permission fo:r the moving of heavy
veh,ic7rs and objects. exceF-dingy t;r~e heir~ht end wi.d_th ;~p~F<,`ified in
`?ectic•n n4 cf this Ordinance,
rappli.ceticn being made tharefo ever c,ny public hiahavr=;~, upon written.
r. S-,id En~i.neer mrv renr~ire a sufficient
bond. to protect the Count+• of ?Teweii from env lose rr damage by reeaon
,.
.~
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of such oiler=~tinn and movies;.
8ecti.on RO, Speed ~r u~,gvy trehici.ea Re°*.ricted.
i~?c vehicle equipped wwholly with pnsum~tic tires ehal.l. be operated
upon any rttblic highway at r.t>reat9r apsed th.n twennty_five (25) miles
per hnirr when the weight inr.'t:dink~ lose excee>da 2?,OpO pounds, or at a
~,reetar spa!? trsn thirty (~~t) mil ~_. a<)er hour. when the weight inelud ing
lnr~d is from iq,000 t0 2,000 hennr9e.
1`Tn vFr,-i ola eautppe~ wholly r`r i rtrtly tv~th s~t7 i d tires shall be
oper~tPd v-)on any public hivhty^y at; greater rAtP pf speed than ten (10)
r7iles rer hoer 1"rhen the *a~ei~hr incl.tzdi.n~_ load exceeds 14,000 pounds, or
at s prr:*tter apaa,d than twe~ity (~ n) .r,i las r",er hoer a~he n the weight oP
such vetticiP innluding loss dces pct exceed i4-On0 potznd.s.
The rates of speed r'er vF,Hicla;. e~ruipped wholly with. cushion.
wheels nr with a en.mbinatinn of c,uahion srrt oe~)mstic tires, shall be
nOt n!02'E+ than twenty-five (`..51 1,ar rF,1nt area tF!r t}1 a;1 t,hpae prOVi dad fOr.
VHhicl.eG e.gltipped la'holly or partly with sr,]id tires.
• cushion wheel^
tvhen used herein shall de4i&,n~r,e ~ ,Nhee) which by ra.-son of its oon-`
strt,ctt_nn it r_on-r.i,gid, and gs resilient within itself.
J\Tn yF..niCle Or trail.Ar ~-,rrvinf• :~ tveieht in exce:rs of si.x (6) tone,
innlvding the weight of the vahcl.e vrhich is e-iuipiled wholly or pertly
with mete]- tires or other hr;rd non-resilient me~terie7. shall be operated
upon spy highway at e spee,l ;n exce,s of six (gt mils rer hour.
• r
Section 81. Operator's Ticense °.uspended.
(~) Any person arrested for violation of this Ordinance who
offers as n defense ignorance of the ta,rAl£, of this urdinsnce shall have
his nreratnr'e license auspendyd until. he :?.hall Nava passed a satisfactory
examination showing a proper knewled,?e of the provi_ai:)n of this Ordinance,
such examination to be conducted tznde.r the jurisdiction of the Eaami.ner of
Chauffeur's hi.censes.
(b) Lech time that n per<n^ i~z convicted. for the violation of this
Ordinance, his license shell. be marked, and upon the third conviction
for the violation of this (lydir.ence his license may, in the discretion
of the Court, be suspended for s,ach time F:, the Court sees fit, in
-:~5-
addition to any Other punishment provided by thiq Ordinance.
Section 82. Penalty. An.~ rersen vio]atioq ':nv of the prcvisi.ons+
of this Ordinance shall, iigon oonvictton, be p~anishPd by a fi.r.e of not
more than five hundred (50O) dollars.
Section 83. Dispositi_nn of Fines end Forfeitures.
x17.1 fines or forfeit~ires collected upon conviction or upon the
forfeiture of bail of any Hereon charged with a violettnn of any of the
provisions of this Ordinance shFl1 be paid into the Oo~.tnty Treasury and
deposited in the General Fund oP the Co+.ir.ty of Haw=iii.
Section 84. Oonstitutioneli~.
If eny section, sentence, cause; nr phrase of this Ordinance is
for any reason held to be uneonsti.tuti.onel, such. decision shall .not
effect the validity of the remaining:, porti_c~ns of this Ordinance. The
Aoard of S~.xpervisors hereby declares thet it would hove passed thie
Ordinance and each section, s~~bsection, sentence, cla~.ise and phrr-.se
thereof, irrespective of the feet that any one or more sections, ~sub-
sections, sentences, CJ_9U9PB or phrases be decl?red ~inco nstitutional.
Section 85. Repeal".
A1.1 ordinances or parts of ordinances in conflict with or incon-
sistent with the provisions of this Ordinance are hereby repea]_ed. it
is provided, however, that this xepenl shall. not affect or prevent the
prosecuti.en and/or punishment of any rerson for ?ny act done er
committed in violation of any ordinance or ports hereby repea.le.d prior
to the taking effect of thi4 Ordinnnr,e.
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