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HomeMy WebLinkAboutORD 1952-121COUNTY OF HAWAII - TERRITORY OF HAWAII ORDINANCF, N'0. /~/ AN Oi2DINANCE RELATING TO TRAFFIC ANll REGULATING THE USE OF PUBLIC tiy'AYS, STREETS ANll HIGH,a'AYS OF THE COUNTY AND TERRITORY OF HAWAII; PRESCRIBING i2EGU1,ATI0NS RELE`iTIVE 1'0 THE PARKING OF VEHICLES UPON SUCH WAYS, STREETS AND HIGHWAYS; PROVIllINC FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES AND PARKING METER ZONES; DEFINING AND PROVIDING FOR THE OPERATION, IU~,GULA- TION AND CONTROL OF' THE USE OF PARKING METERS; PROVIDING FOR ENFORCI~IENT THEREOF; AND PROVIDING PF,NALTIISS FOR THE VIOLATION THEREOF. BE IT ORDAINED BY TMs BOARD OF SUPERVISORS IN AND Fb R THE COUNTY OF HAWAT I: SECTION 1. Definitions. For the purpose of this Ordinance. a. The word "vehicle" shall mean any device in, upon or by which any person or property is or map be transported upon a highway, except a device which is operated upon stationary rails or tracks. b. The word "street" shall. mean any public way, lane, road, street, avenue, boulevard, highway or other public place located in the County of Hawaii and established for the use of moving vehicles. c. The word "person" shall. mean and include any individual, firm, _~__ co-partnership, association or corporation. d. The word "operator" shall mean and include every indivi dual who shall operate a vehicle as the registered owner thereof or as the agent, employee or permittee of the registered owner, or is in actual physical control of a vehicle. e. The word "park" or "parking" shall mean the standing of a vehicle, whether occupied or not, upon a street otherwise than momentarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. f, The words "Parking Meter" shall mean and include any mechanical device or meter not inconsistent with this ordinance placed or erected for the regulation of parking by authority of this ordinance. g. The words "Parking Meter Zone" shall mean any public way, lane, road, street, avenue, boulevard, highway, area, section or place in the County of Hawaii where the Board of Supervisors shall designate and authorize that parking meters shall be installed, operated and used in compliance with this ordinance. h, The words "Parking Meter Space" shall mean any space which is within a parking meter zone, adjacent to a parking meter and which is duly designate3 for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. r'~~. rro. __../.a/_.._........ ~•-, r:~:~ ::~ . __ 'nii-. s '.95^. A'.';i 1 ,q cn .~' SECTION 2, Parking Meter Zone. All parking meter zones will be designated by a resolution adopted upon one reading and without publication by the Board of Supervisors of the County of Hawaii. SECTION 3. Designation of Parking Meter Spaces. The Chief Engineer of the Department of Public Works of the County of Hawaii is hereby authorized and directed to mark and designate individual parking meter space in the parking meter zones as may hereafter be established, lJhen along a street, said spaces shall be established, marked and designated so as to extend in width eight feet from the curb or edge of the street towards the center of the street and shall extend in length approximately twenty-two feet along the curb or edge of the street, except for parking meter space duly designated for loading or unloading merchandise which shall extend in width eight feet from the curb or edge of the street towards the center of the street and shall extend in length approximately twenty-two feet along the curb ~r edge of 'he street, SECTION 4. Parking Time Limits. Parking or standing a vehicle in a designated parking meter zone shall be lawful for twelve (12) minutes upon deposit of a one-cent coin, twenty-four (24) minutes upon the deposit of two (2) one-cent coins, thirty-six (36) minutes upon the deposit of three (3) one-cent coins, forty-eight (48) minutes upon the deposit of four (4) one-cent coins, or sixty (60) minutes upon the deposit of five (5) one-cent coins or one (1) five-cent coin of the United States of America. F.ach parking meter, when operated, shall indicate on and by its dial and pointer the duration of the period of legal parking and on the expiration of such period, shall indicate illegal or over-parking. The Board of Supervisors of the County of Hawaii shall fix and indicate the time limitations for legal parking in such zones; and the hears during the day when the parking meter or meters must be used and when the time limitations for legal parking in such zones shall be effective, on the parking meter or meters and/or by appropriate sign or signs posted in proximity to said meter or meters in said zone s, SECTION 5. Placement of Parking Meters. The parking meters installed in the parking meter zones as may hereafter be established, shall be placed upon the curb immediately adjacent to the individual parking spaces heretofore mentioned. F.ach parking meter sha].1 be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. SECTION 6, Method of Parking, When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter; when a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parking in such parking space shall be parked with the foremost part of such vehicle nearest to such meter, SF,CTION 7. Operation of Parking Meters. Except in a period of emergency determined by an officer of the Fire or Police Department, or in compliance with the directions of a police officer or traffic control. sign or signal, when any vehicle shall 'AUG 6 '957.......... P~ ~_ .. ~ < be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for such parking meter and as is designated by the proper directions on the meter, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the time mechanism on such meter in accordance with directions properly appearing thereon. The failure to deposit such proper coin, and to set the time mechanism in operation when so required, shall constitute a violation of this ordinance. Upon the deposit of such coin (and the setting of the timing mechanism in operation when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the street in which said parking meter is located, provided that any person placine a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time, and such parking shall be deemed a violation of this ordinance. SECTION 8. Fee -Use of Fund. The coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to provide for the proper cost of supervising, controlling and. regulating the parking of vehicles in the parking meter zones created hereby; and for the purchase, rental, acnuisition, supervision, protection, inspection, installation, operation, maintenance, control, regulation, collection and use of the parking meters described herein, of off-street parking spaces, and of other facilities and properties incidental to parking purposes. SF,CTION 9. Violations. It shall be unlawful and a violation of the provisions of this ordinance for any person: a. To cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime, or beyond the period of legal parking time established for any parking meter zone as herein described. b. To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space. c. To park any vehicle, excepting single vehicles of greater length or width, across any line or marking of parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or marking s. Ord. PIo. _._.1~, -- -.... T,t. ::. ,. ~ ~.. r. AUC z 1 ,~z d, To deface, injure, tamper with, open or wilfully break, destroy, or impair the usefulness of any parking meter installed under the provisions of tFiis ordinance. e. To deposit or cause to be deposited in any parking meter any slugs, device or metal substance, or other subsT.itute for lawful United States coins. f. To deposit or cause to be deposited i.n a parking meter a coin or coins for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time, or fraction thereof, whic}~ has been established for the parking space adjacent to which said parking meter is placed. SECTIO\ 10. l.nforcenent. Tt sl;all be the duty of police officers of the County to enforce the provisions of this ordinance and to report: a. The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of the provisions of this ordinance; b. The, license number of such vehicle; c. The length of time, if determined, during which such vehicle is or has been parked in violation of any of the provisions of this ordinance; d. Any other facts, the knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. F.ach such police officer shall also attach to such vehicle a traffic summons to the registered owner thereof that suet. vehicle has been parked in violation of a provision of this ordinance and instructing such registered owner to report to the Police Department of the district where the traffic summons was issued in regard to such violation. F,ach such registered owner or the person who actually operated or parked the vehicle at the time of the violation may, within forty- eight (48) hours of the time when such traffic summons was attached to such vehicle, appear at such police station and post a bail bond in the sum of One Dollar ($1.00) for appearance at the next succeeding session of the District Court. Upon failure to appear upon such succeeding session, said bail bond shall be deemed forfeited. Pioney so realized from such forfeitia•e Shall be credited to the general. fund of the County of Nawaii. The failure of owner or operator to make such appearance or payment within said forty-eight (48) hours shall render such owner subject to charges and to the penalties hereinafter provided for violation of the provisions of this ordinance. SECT101; 11. Penalty. Any person who shall violate or fail to comply with any of the provisions of this ordinance, or who shall counsel, aid or abet any such violation or failure to comply, upon conviction shall be de+mod guilty of an offense and shall be punished by a fine not to exceed $500.00 bal. Ilo. ~OZ~ ~,i ~" AU~,. ,. i i.~n2 SECT70N 12. Miscellaneous. This ordinance shall be deemed to be in adnition and supplementary to, and not in conflict with nor a repeal of prior or existing traffic ordinances of the County of Hawaii provided, however, that in case any provision of this ordinance is inconsistent with the provision or provisions of prior or existing ordinances, this ordinance shall prevail and the prior or existing ordinances shall not be applicable to or enforceable in connection with this ordinance; provided further, that pending the installation of parking meters, the existing traffic ordinances shall be enforceable notwithstanding the existence of any inconsistency. Upon the completion of the installation of parking meters, it shall be the duty of the Chief F,ngineer to announce the date, by one insertion in a newspaper of general circulation published in Hilo, upon which the same shall become usable. SECTION 13. Severabil.ity. If any section or provisions, or parts thereof in this ordinance shall be adjudged invalid or unconstitutional, such invalidity of unconstitutionality shall not affect the validity of the ordinance as a whole or of any other section or provision or part hereof. SEL'TI01; 14. Reservation of Powers. Nothing in this ordinance shall be construed as prohibiting the County of Hawaii, from providing for bus stops, and other matters of similar nature, incJ.uding the loading or unloading of trucks, vans, or other commercial vehicles. SECTIO\ 15. Exercise of Police Power. This entire ordinance shall be deemed and construed to be an exercise of the police power of the County and Territory of Hawaii for the preservation and protection of public safety, and all of its provisions shall be liberally construed with a view to the effectuations of such purpose. SRCTIOp 16, This Ordinance shall take effect upon its approval. Dated at Hilo, Hawaii, this (~ *h day of A46 4 S T , 19.52, Introduced by: i;?_ ~ y, ~i» ~ ~ ~~ Su ervisor, ' Representative District. Ord. 2?0. /'~ .- id. ;,... _/~,_ ' _ _ _. __ _.. .. AUK z i ;,;,