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HomeMy WebLinkAboutORD 1960-025__ r COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 25 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS AND HIGHWAYS OF TI-~ COUNTY OF HAWAII. BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY OF HAWAII: SECTION 1. Definition o£ words and phrases: The following words and phrases when used in this ordinance shall for the purpose hereof have the meanings respectively ascribed to them in this ordinance hereinafter set forth. ~~~ ~;;. ~~;-;, SECTION 2. Vehicle, traffic, etc., defined. C u~~ t~ (a) Authorized emergency vehicles. Vehicles of the `- ~.~ fire department, vehicles driven by police officers when '.~ responding to emergency calls, government vehicles when 'N' performing authorized emergency operations, ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of ~'> f' police. i " (b) Bicycle. Every device propelled by human power .i-lxpon which any person may ride, having two tandem wheels and ~~; including any device generally recognized as a bicycle though equipped with two front or two rear wheels. J , (c) Bus. Every vehicle designed for carrying more than ten passengers and used for the transportation of persons; P}. and every vehicle, other than a taxicab, designed and used ? for the transportation of persons for compensation. ,; (d) Emergency. Any event or unforeseen combination of ' ',circumstances calling for immediate action or remedy. (e) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines and o#hex implements o£ husbandry. (f) Hot rod or racer. Any vehicle whose shape, design and construction has been materially altered, the purpose of altering being primarily for the increase in speed of said vehicle. (g) Motorcycle. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. ,, ,_, C,.d. Nu. --__"l ~ . _. File Ii o. -------.-..-"'.-.. Z+I. B. No ................. n.._. .,~~ ~~ ,~ (h) Motorscooter. Any vehicle hung low on two or more wheels and propelled by a gasoline engine of not more than ten horse power. (i) Motor vehicle. Every vehicle which is self- propelled. h (j) Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading either freight or passengers. (k) Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing veYricle,• and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connection. (1)' Public holiday. All legal holidays now existing, or such as may be subsequently specifically proclaimed by the Governor of the State. (m) Reconstructed vehicle. Any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which if originally otherwise constructed, shall have been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles, or makes of vehicles. (n) Right-of-way. The privilege of the immediate use of the roadway. (o) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (p) Semi-trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (q) Standing. Any stopping of a vehicle, whether occupied or not. Ord. 1:0. ----`-'~-5~~--'------ -2 - File Mo. -- -. - -. . --- -- M. B. No. -'-'--------`------------ `~ . ~ (r) Stop. When required means complete cessation of movement. (s) Stop or stopping. When prohibited means any cessation of movement of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control signal. (t) Taxicab. A motor vehicle of seven passengers or less, which is held for hire at designated places and has no regular schedule or route, but operates for the purpose of carrying passengers at any time to any point and subject to call. (u) Traffic. Pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together, while using any street for the purpose of travel. (v) Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (w) Truck. Every motor vehicle designed,. used or maintained primarily for transportation of property. (x) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (y) Vehicle. Every device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 3. Persons, pedestrians, etc., defined. (a) Driver. Every person who is in actual physical control of a vehicle. (b) Operator. Same as driver. (c) Owner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this ordinance. c~ -~ Bttl. ii v. -.__-.-.. .._.-------.,_- Fila it u. ---------._------------ -3- M. B. I.o....---' -' - - - _ _ ,~ (d) Pedestrian. Any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. (e) Person. Every natural person, firm, copartner- ship, association, or corporation. (f) Police officer. Every officer of the police department of the County of Hawaii or any other officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. SECTION 4. Streets, districts, etc., defined. (a) Acceleration lane. A short supplementary traffic lane immediately adjacent to an intersection by use of which vehicles may enter the intersecting roadway and accelerate to the general speed of passing traffic thereon before emerging onto the continuous lanes of such roadway. (b) Alley. A narrow thoroughfare primarily devoted to the use of non-passenger vehicles carrying goods or merchandise to or from premises having service entrances located on such thoroughfare. (c) Business district. The terri and including a roadway when within any such roadway there are buildings in use or industrial purposes which occupy 150 on one side or 150 feet collectively on roadway. tory contiguous tc 300 feet along for business feet of frontage both sides of the (d) Channelized intersection. The intersection of two or more streets whereat traffic is directed by means of raised curbing or painted pavement markings along a special lane or channel for right turns, left turns or straight through movements. (e) Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the. lateral lines of sidewalks at intersections; or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. (f) Deceleration lane. A short supplementary traffic lane immediately adjacent to an intersection by use of which vehicles may leave the continuous lanes of a roadway and decelerate for a stop or a turn without retarding the flow of traffic on the continuous lanes of the roadway. (g) Divided highway. A highway divided into two or more separate roadways by medial strips. Ord. Nu. .-°'---------'----"-.-.. File 230. -------'---------------~----- M. B. No. Date: __.__.. (h) Freight loading zone. Shall mean that space set aside for the use of vehicles during the loading or unload- ing of materials. (i) Freight, merchandise, materials and loads. Any object or item whether transported for hire or not for hire. (j) Intersection. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadway of two highways which join at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways, thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways, thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (k) Medial strip. A strip or area lying along the middle and between the paved portions of a highway which is designed to divide vehicular traffic on such highway into two opposite directions. The term shall not include traffic lines painted on a highway. (1) Official traffic control signals. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to ~~roceed. (m) Officially designated traffic control devices. All signs, signals, marking and devices, not inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (n) Passenger loading zone or bus stop. Shall mean that space set aside for the use of vehicles during the loading or unloading of passengers. (o) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (p) Residence district. The territory contiguous to and including a public highway not comprising a business 7 -5- Ord. No..._°-~------'--.-°........' Filo No...----•------------~--'-• nom,., district as defined herein, when the property confronting said highway for a distance of not less than one-quarter of a mile is occupied by dwelling houses or business structures which are not more than an average distance of two hundred feet apart on one side or two hundred feet apart collectively on both sides of the roadway. (q) Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separate road- ways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (r) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so set apart as a safety zone. (s) Sidewalk. That portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (t) Street or highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. (u) Through highway. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or cross- ing the same, when stop signs are erected as provided in this ordinance. ADMINISTRATION SECTION 5. Board of supervisors to exercise certain administrative functions by resolution. The board of supervisors shall by resolution: (a) Determine and designate the type of all official traffic control devices; provided, however, that insofar as local conditions permit, such official traffic control devices shall be uniform, shall correlate with and, as far as possible, conform to, the system then current, as approved by the American Association of State Highway Officials. (b) Designate and authorize what vehicles of muni- cipal departments, public service corporations or Govern- ment vehicles shall be authorized emergency vehicles, other than vehicles of the fire department, police vehicles and ambulances. (c) Create, define, redefine, eliminate or change ~r~l. IIo, _~ ~-_._-.,, safety zones, quiet zones, traffic lanes, crosswalks, File Tlo- ------------------__.. freight and passenger loading and unloading zones, no-par i -6 - c~f. ~~ Igo. --- ` - - zones, time-limit parking zones, U-turn areas, prohibited left and right turn intersections, one-way streets, through streets, stop intersections, and designate the type of markings or signs to be placed and maintained for the identification of such zones or areas; provided, however „ that the Board shall comply with the provisions of Section 111-5, Revised Laws of Hawaii 1955, wherever applicable. (d) Designate markers, buttons, or signs to be placed within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. (e) Determine and designate certain curb markings to indicate no parking or standing. SECTION 6. Traffic Engineering. Subject to Section 5 of this ordinance, the Department of Public Works of the County of Hawaii is hereby authorized, and as to those devices, signs, signals and markings required for the purpose of traffic control, it shall be its duty to place and maintain or cause to be placed and maintained all official traffic control devices, signs, signals and markings. All devices, signs, signals and markings required for the purpose of traffic control shall so far as practicable be uniform as to type and location through- out the county. SECTION 7. Chief of Police authorized to adopt emergency regulations. The chief of police is hereby empowered to make and enforce temporary regulations to cover emergencies or special conditions as they arise from time to time and to post signs pertaining thereto; provided, however, that no temporary regulation shall extend beyond a sixty day period. SECTION 8. Warning signs on the highway. The county engineer shall erect and maintain suitable warning signs on public highways legible from a distance of one hundred feet and located at a reasonable distance from hazards with respect to bridges, dangerous curves, intersecting highways, and other conditions of a hazardous nature, which signs shall designate the proximity of each hazard. ENFORCEMENT SECTION 9. Police administration. (a) It shall be the duty of the police department of the County of Hawaii to enforce the provisions of this ordinance. Police officers are hereby authorized to direct -~- L Ord. No.....---~ °~-'-'----'--- M. II. tuo..._ - -- -- --- ., Date: -.'-'.-..-....-'---'-----'---°• all traffic either in person or by means of visible and~or audible signals in conformance with the provisions of this ordinance and in the event of a fire or other emergency or to expedite traffic or to insure safety, to direct traffic as conditions may require notwithstanding the provisions of this ordinance. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal, or direction of a police officer. (b) Offiers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. SECTION 10. Required obedience to traffic regulations. It is a misdemeanor for any person to do any act forbidden by, or fail to perform any act required by, this ordinance. SECTION 11. Public employees to obey traffic regulations. The provisions of this ordinance shall apply to the operator of any vehicle owned by or used in the service of the United States Government, the State of Hawaii, or the County of Hawaii, and it shall be unlawful for any driver or operator of any government vehicle to violate any of the provisions of this ordinance, except as otherwise permitted by this ordinance, or by Federal or State law. SECTION 12. Exemptions to authorized emergency vehicles. (a) The provisions of this ordinance regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles, as defined herein, except as follows: A driver when operating any such vehicle in an emergency except when otherwise directed by a police officer, may: 1. Park or stand notwithstanding the provisions of this ordinance. 2. Proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. 3. Exceed the speed limits so long as he does not endanger life or property. 4. Disregard regulations governing direction of movement or turning in specified directions so long as he does not endanger life or property. (b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the conse- quences of his reckless disregard of the safety of others. Ord. Ne. -------~_ ~`---...--.... _g File 2:0. -__---__.- . _... M. B. No.....° --- - -- - ~ ----- _~__ _ TRAFFIC SIGNS AND SIGNALS SECTION 13. Obedience to official traffic control devices. (a) The driver of any vehicle and pedestrians shall obey the instructions of any official control device applicable thereto placed in accordance with the provisions of this ordinance unless otherwise directed by a police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this ordinance. (b) No provision of this ordinance for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently . legible to be seen by an ordinary observant person; provided, however, that when any particular section of this ordinance states that signs are not required, such section shall be effective without signs being erected to give notice thereof. SECTION 14. Traffic control signal legend. Whenever traffic is controlled by traffic control signals exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights successively, one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green light or "Go" 1. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. 2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Yellow alone or "Caution" when shown following the Green or "Go" signal. 1. Vehicular traffic facing the signal is thereby warned that the Red or "Stop" signal will be exhibited immediately thereafter and such vehicular traffic shall stop before entering the intersection when the Yellow or "Caution" signal is exhibited; provided, however, that if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection. -9- vZ O,~d. rlv. ------- ~-- ................ File ham. -~------------_ ............. M. B. No.....-... ---~ - ----°• Date: --•-------°----------.. --~--- . _ _ _ __ . -. .,4,,,~ .. __ .~ _. _. _~. T -.~. 2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. (c) Red alone or "Stop" 1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection, and shall remain standing until Green or "Go'' is shown alone; provided however, the driver o£ a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the inter- section or, if none, then at the entrance to the intersection in obedience to a red or "stop" signal, may make a right turn but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at said intersection. The Board of Supervisors may by resolution prohibit any such right turn against a red or ~'stop~' signal at any intersection, provided a sign is erected at such intersection giving notice thereof. 2. No pedestrian facing such signal shall enter the roadway within a crosswalk or otherwise. (d) Red with green arrow. 1. Vehicular traffic facing such signal may cautiously , enter the intersection only to make the movement in the direction indicated by such green arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. 2. No pedestrian facing such signal shall enter the roadway whether in a crosswalk or otherwise. (e) In the event an official traffic signal is erected and maintained at a place other than an intersection, the provision of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the nearest crosswalk. SECTION 15. Pedestrian-control signals. Whenever special pedestrian-control signals exhibiting the words "Walk" or "Wait," or exhibiting different colored lights successively one at a time, the following colors only shall be used and said terms and lights shall indicate and apply to pedestrians as follows: -1 C- O:d. tdu. --....~_~. ____ - -~ - --- Filu 1:0 ...............: ..: __:. _ _._... _. - QAt~ -_._ ............................~ (a) Green or "Walk", Pedestrians facing such signal may roadway in the direction of the signal the right-of-way by the drivers of all (b) Ned or "Wait". No Pedestrian shall direction of such signal, completed his crossing on proceed to a sidewalk or signal is showing. proceed across the and shall be given vehicles. start to cross the roadway in the but any pedestrian who has partially the green or "walk" signal shall safety island while the red or "wait" ;., SECTION 16. Flashing traffic signal. Whenever flashing red or yellow traffic signals are used such signals shall indicate and apply to drivers of vehicles as follows: (a) Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest cross-"` walk at an intersection or at a limit or stop line when marked and the right to proceed shall be subject to the provisions of this ordinance applicable to vF>hicular movement after stopping at a stop sign. (b) Flashing yellow (caution signal). ~' When a yellow lens is i]luminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. SECTION 17. Display of unauthorized signs, signals or markings. No person shall maintain or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of, or resembles an official traffic control device, and no person shal]. place or maintain nor shall any public authority permit, upon any highway any traffic sign or signal to have thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information of a type that cannot be mistaken for official signs, signals or other traffic control devices. In addition to the penalties provided for violation of any provision of this section, every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the Department of Public Works of the County of Hawaii is hereby empowered to remove the same or cause it to be removed without notice. STOPPING, STANDING ANll PA}2KING SECTION 18. Stopping, standing, or parking prohibited in specified places. -11- pct. Nu...._~--~. ...------•--- File No. (a) No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic control device in any of the following places: 1. On a sidewalk. 2. In front of or within four feet of either side of a private driveway. 3. Within an intersection, except where designated by parking stalls. 4. Opposite any driveway on any curb roadway 20 feet or less in width. 5. Within ten feet of a fire hydrant; provided, however, that this provision shall not apply when the operator of a vehicle stops, stands or parks such vehicle at or near a fire hydrant while and as long as he remains seated in the driver's seat. 6. On a crosswalk. 7. Within thirty feet of a crosswalk except where designated by a parking stall. 8. Within thirty feet upon the approach to any flashing beacon or stop sign, located at the side of a roadway. 9. Within seventy-five feet upon the approach to any traffic control signal except where designated by a parking stall. 10. On the far-side of the street at any signalized intersection within thirty feet of the curb line of the intersecting street. As used herein, the term nsignalized intersection" means an intersection whereat traffic is controlled by official traffic control signals. 11. Any place where official signs prohibit parking. 12. In front of the entrance to any theatre during show hours, or, in front of the entrance to any auditorium, or building, where a public gathering is being held, except to discharge or pick up passengers. 13. On either side of any street with a traffic way of twelve feet or less when official signs are erected, giving notice thereof. -12 - _ Ord. No. -- -- =~ ~ --'- •---..`. File Iv o.... _..-------_.--.. M. B. No. - •---- - - - .... Date:.....-°-°--•--'°-----°'--------• 1 .. 14. Within or along any safety zone created by a resolution of the Board of Supervisors where official signs are erected prohibiting parking. 15. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted. 16. Alongside or opposite any street excavation or R obstruction when stopping, standing, or parking would obstruct traffic. 17. On the roadway side of any vehicle stopped or parked at the edge or curb of a roadway. 18. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 19. Where a clear view of such stopped vehicle is not available from a distance of two hundred feet in each direction upon such highway and where the width of the road- way is sufficient for only two traffic lanes or less, provided that official signs are posted prohibiting said parking. 20. The Hamakua side of Waianuenue Street from Hale Street to the crosswalk between Hilo High School and Hilo Intermediate School from 7:15 a.m. to 8:15 a.m. on school days. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. SECTION 19. Stopping, standing, or parking outside of business or residence districts. (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of two hundred feet in each direction upon such highway. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main traveled portion of a highway in such manner and to such extent that -13- Ord. No. ---.~„~5-------------- File II o.......----------------'-' Date:.---...-----°----- ---`---' --.-.. r _. __ ..,,,..~.. _ ..r..._ _. _ _ ~,. it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position; provided, however, that said driver shall take reasonable precaution to prevent a collision with said disabled vehicle. SECTION 20. Stopping, standing, or parking on federal- aid highways. (a) Where official signs are erected giving notice thereof, no person shall stop, stand, or park a vehicle upon any federal-aid highway, subject to the exemptions granted emergency vehicles. (b) For the provisions of subsection (a) of this section, the State highway engineer for the. County of Aawaii is yr. hereby authorized to erect "No-parking" signs upon any,, portion of the said federal-aid highway where he deems it necessary. r (c) No person shall park a vehicle upon any federal- aid highway for a period of time longer than sixty minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day; subject, however, to the exemptions granted emergency vehicles. (d) Where parking is permitted on a federal aid highway, all parking shall be parallel to the pavement with all wheels entirely off the traveled way as far as the shoulder width will permit. (e) There shall be no parking on or crossing over the medials. SECTION 21. No parking zones. When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight upon any street or portions thereof within the County of Hawaii. A no parking zone shall be designated by a resolution of the Board of Supervisors. SECTION 22. Time-limit parking zones. When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than that indicated on such signs between the hours indicated on such signs of any day except Sundays and public holidays upon any street or portions thereof with the County of Hawaii. -14- M. B. ho. --' -- •- - •» Date:.---...-'----' °----...--'-----.... A time limit parking zone shall be designated by a resolution of the Board of Supervisors. SECTION 23. SECTION 24. Parking prohibited during certain hours. When official signs axe erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight, upon any of the streets or portions thereof within the County of Hawaii, between the hours indicated on such signs, of any day, except Sundays and public holidays. SECTION 25. Parking spaces; required parking therein. (a) The department of public works of the County of Hawaii is hereby authorized and directed to establish, mark and designate, where there is an apparent need therefor, a consecutive series of parking spaces for the parallel or angle parking of motor vehicles. (b) Whenever parking spaces are so established, marked off and designated, the driver of any vehicle, excepting only single vehicles of greater length or width, shall park such vehicle completely within a designated space. (c) In city or street blocks where parking spaces are so established, marked off and designated, the driver of any vehicle, excepting only single vehicles of greater length or width, shall park such vehicle completely within and only in a designated space. The provisions of this section shall not be applicable to vehicles parked in front of fire hydrants, freight and passenger zones and in front of the entrance to theatres and auditoriums when such parking is permitted. SECTION 26. Loading zones; Standing for loading or unloading only. (a) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expe- ditious loading or unloading of passengers in any place marked as a passenger loading zone or bus stop, and then only for a period not to exceed three minutes. (b) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of freight or passengers in any place marked as a loading zone or freight loading zone, during the hours when the provisions applic- able to loading zones, or to such loading zone, are in effect. In no case shall the stop for loading and unloading of materials exceed thirty-six minutes unless the load is of such size and nature as to require a longer period, in which case the operator shall obtain a special permit from the chief of police for this particular load. SECTION 27. Buses not permitted to stand or park except in officially designated bus stop. Orel. No. -.--::.~-5 .................. -15- File P. u. -- --.. -- -- - - -.. _.. __ ~.,,,.-.,M,-,_.~.~,,~ ...~_ ... (a) The driver of a bus shall not stand or park such bus upon any street at any place within any business district other than at an officially designated bus stop. (b) The driver of a bus shall not stop, stand, or park such bus other than on the right-hand side of the roadway upon a one-way street. SECTION 28. Other vehicles not to be parked, stopped, or permitted to stand in bus stops. No person shall stop, stand, or park a vehicle, other than a bus, in a bus stop when such bus stop has been officially designated and appropriately signed, except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus which has entered or is waiting to enter or about to enter such bus stop. SECTION 29. Standing or parking close to curb. Upon any roadway within the County of Hawaii no person shall stand or park a vehicle other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curbside wheels of the vehicle within twelve inches of the edge of the roadway, except as provided in the Following paragraphs: (a) In places where and at hours when stopping For the loading or unloading of merchandise or materials is permitted, vehicles used for the transportation of merchandise or materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit issued by the chief of police granting him such privilege, and such permit shall be either in the possession 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 specific terms or conditions of any such special permit. (b) While parked wholly within parking spaces marked or designated pursuant to Section 25 of this ordinance. (c) Upon Kilauea Street, between Ohea and Haihai Streets, vehicles shall park in single File al®ng the center and unpaved portion, parallel with the edge of the roadway. (d) Within the special parking areas provided in the Lanakila Homes area, vehicles shall park diagonally. SECTION 30. Parking not to obstruct traffic. No person shall park any vehicle upon a street or alley in such manner or under such conditions as to leave available less than ten feet of the width of the street or alley for the free move- ment of vehicular traffic. /~_ Ord. No. ___"i.-`.Y -"__-_-"• _16_ M. B. No. Date: ___.__. ...~..r~ .•....~....,.., ,,... SECTION 31. Unlawful parking. No person shall, stand or park a vehicle upon any roadway for the principal purpose of: (a) Displaying it for sale. (b) Washing, greasing or repairing such vehicle, except the making of repairs necessitated by an emergency. SECTION 32. Obstruction to sidewalk prohibited. No person shall stand or park a vehicle in such a manner that any portion of such vehicle obstructs a sidewalk or portion thereof; subject, however, to the backing against the curb provisions of Section 29, subsection (a). SECTION 33. Abandoned cars on highway. No person shall abandon any vehicle on the public highway. The chief of police is hereby authorized to remove or cause to be removed any such abandoned vehicle from the highway, and the registered owner of such vehicle shall be liable for all reasonable expenses incurred by such removal. SECTION 34. Registered owners responsibility; registration plate as prima facie evidence as to parking. In any pro- ceeding for violation of the parking provisions of this ordinance the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked such vehicle at the point where, and during the time when, such violation occurred. SECTION 35. Special parking privileges. Vehicles of government agencies, public utility companies, garages, contractors, or any other person may stand and park contrary to the parking provisions set forth in this ordinance when the owner of such vehicle holds a special permit issued by the chief of police granting him such privilege for a limited time. Said permit shall be either in the possession of the driver or on the vehicle at the time. It shall be unlawful for any owner or driver to violate any of the specific terms or conditions of the permit. OPERATION OF MOTOR VEHICLES SECTION 36. Drive on right side of roadway; exceptions. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement. - `~ -17 - Ord. No. ..-.~ `~ -- ------------° File No..--------------°--.....----' Date : ....................................w (b) When the right half of a roadway is closed to traffic while under construction or repair. (c) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (d) Upon a roadway designated and signposted for one-way traffic. SECTION 37. Driver of slow moving vehicle. The driver of a slow moving vehicle shall drive the same as close as possible to the right-hand edge of the roadway, and when traveling outside of a business or residential district upon roadways less than twenty-seven feet wide and upon which vehicular traffic is permitted to operate in both directions, the driver shall not follow another slow moving vehicle within 200 feet, but this shall not be construed to prevent such slow moving vehicle from overtaking and passing another slow moving vehicle. This section shall not apply to funerals or other lawful processions. SECTION 38. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. SECTION 39. Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction., subject to those limitations, exceptions and rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right of the roadway until safely clear of the overtaken vehicle. (b) The driver of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free from oncoming traffic, for a sufficient distance ahead, to permit such overtaking and passing to be made in safety. (c) Except when overtaking and passing on the right is permitted the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. -18 - OrS- iv o. - - - '~ °~ -- - - -- --- Fi7o 270.._....--_.----__ ............. M. F1. 2v o..--•----------------------- Date: ----•--•---•------------------__ w SECTION 40. When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn. 2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width and lane marked for two or more lines o£ moving vehicles in each direction. 3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway. SECTION 41. Prohibited passing. No driver of a vehicle shall overtake and pass on any highway another vehicle pro- ceeding in the same direction: (a) At the intersection of any street or highway except when the vehicle being overtaken is making or about to make a right turn. (b) On any bridge less than 20 feet wide. (c) At a crosswalk, whether marked or unmarked, where the vehicle to be overtaken and passed has stopped at such crosswalk to yield a pedestrian or another vehicle the right-of-way. (d) On a double center lined highway, when the solid line is on the same side as the vehicle, except where such overtaking and passing can be made in safety and without driving to the left of the said solid center line. SECTION 42. Overtaking and passing school bus. (a) The driver of a vehicle upon a public highway outside of a business or residence district upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall decrease the speed of such vehicle and shall proceed past such school bus at a ora. its. - - --`T','~- -----•--- _lg_ Filello.-- --- ----......... M. 8. No- - ----- - - - ...... Date:....--'-°........ _... speed not greater then is reasonable and prudent and in no event greater than ten miles per hour and with due caution for the safety of pedestrians. (b) Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "SCHOOL BUS" in letters not less than 10 inches in height. When a school bus is being operated upon a highway for purpose other than the actual transportation of children either to or from school (on school days) all markings thereon indicating "SCHOOL SUS" shall be covered or concealed. (c) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. SECTION 43. Further limitations on driving to the left side of the center of the roadway. r ,. (a) No vehicle shall at any time be driven to the left of the center line of a roadway `under the following conditions: 1. When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event ~ another vehicle might approach from the opposite direction. 2. When approaching within one hundred feet of or traversing any intersection or railroad. grade crossing. 3. When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. 4. On any roadway marked for four or more lanes of traffic except when driving into or out of a private road or driveway. (b) The foregoing limitations shall not apply upon a one-way roadway. SECTION 44. Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. L._ OrQ. Nu. -__~.`~__.-___._- -19 ~ File No.._..-. ' -- - - - - ZJI. B. No. -..._°-°-------------- D ate:._.._ ............................. (b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway' is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclu- sively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. (c) Official signs may be erected directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regard- less of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. SECTION 45. Driving on divided highways. Whenever any highway has been divided into two roadways by leaving y an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority; provided, however, that irk every event, any driver who enters such cross-over opening or intersection shall bring his vehicle to a full stop before emerging upon the same or adjacent roadway of such divided highway. SECTION 46. Following other vehicles. ~ (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall whenever conditions permit leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) When any vehicle shall be drawn or towed by another vehicle upon a roadway, the distance between vehicles shall not exceed twenty feet. No vehicle shall draw or tow at the same time more than one vehicle upon any roadway. A truck- trailer and semi-trailer shall be regarded as one vehicle ~ when determining the number of vehicles. -20- 0,~1. Id o. ----~.~`-..----.--- Pile I:a -----~-----.--~- hi. 8. No. -. ----° - - pate: _.... (d) When one vehicle is towing another and the connection consists of a chain, rope, or cable, which is over fifteen feet long, there shall be displayed midway of such connection a white flag or cloth not less than twelve inches square. (e) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. SECTION 47. Trailers and towed vehicles. (a) When one vehicle is towing another the drawbar or other emergency connection shall be of sufficient strength to pull all weight towed thereby. (b) When one vehicle is drawing a traile*_, semi- trailer, or pole or pipe dolly, there shall be an additional emergency connection between said vehicles sufficient to hold the vehicle being towed in the' event the normal connection should break or become disconnected. (c) No person shall operate a train of vehicles when any trailer, semi-trailer, or other vehicle being towed ,vhil;s or swerves from sic:e to side dangerously or unreason- ably or fails to follow substantially in the path of the towing vehicle. SECTION 48 Required position and method of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Both the approach for a right turn and a right turn shall be made as close as practicable to the right- hand curb or edge of the roadway. (k~) Approach for a left turn shall be made in that portion of the right half oP the roadway nearest the center line thereof, and after entering the intersection, the left turn shall be made so as to leave the intersection in that portion nearest the center line on the right half of the roadway being entered. (c) Approach for a left turn from a one-way street into a two-way street shall be made as closely as practicable to the left-hand curb or edge of the roadway, and the left turn shall be made so as to leave the intersection in that portion nearest the center line on the right half of the roadway being entered. File ti v. ...."-- Date: .....-----'-----"----' (d) Approach for a left turn from a two-way street into a one-'way street shall be made in that portion of the right half of the roadvvay nearest the center line thereof and by gassing to the right of such center line vahere it enters the intersection. A left turn from a one-way street into a tcvo-°.vay street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection. (e) Where both streets or roadways are one-vvay both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway. (f) In all cases where official marks, buttons or signs are placed within or adjacent to intersections, no driver of 'a vehicle shall execute a turn at such intersections otherwise than as directed and required by such markers, buttons or signs. SECTION 4). Procedure at channelized intersections. 'Where acceleration or deceleration lanes are provided for right or left turns at unsiynalized intersections, vehicles shall proceed as follows: (a) Any vehicle intending to turn right into a through street, entrance to which is gained by means of a right-turn acceleration lane, shall. enter such through street by way of the acceleration lane so provided and shall merge with caution into the right-hand traffic lane of the through street with- out coming to a stop, unless otherwise provided by official signs and pavement markings. Whenever any vehicle traveling on a through street shall have entered a channelized inter- section or shall have approached the channelized intersection , so closely as to constitute an immediate hazard, the vehicle traveling on the said acceleration lane shall yield the right- of-way to the vehicle traveling on the through street. (b) F1ny vehicle intending to turn right from a through street, exit from which is made by means of a right-turn deceleration lane, shall enter the deceleration lane and merge with caution into the right-hand traffic lane of the street entered into without coming to a stop, unless otherwise provided by official signs and pavement markings. The vehicle traveling on the deceleration lane shall yield the right-of- way to any vehicle within the above said right-hand traffic; lane which is so close as to constitute an immediate hazard. (c) Any vehicle intending to turn left into the far-roadway or lane of a through street shall come to a complete stop and after seeing his way clear shall cross the near-roadway or lane of such through street and shall then ;.proceed into the left-turn acceleration lane designated in or near the center of the through street and shall merge with caution into the said far-roadway or lane without again coming to a stop, unless otherwise provided by official. signs and pavement markings. Whenever any vehicle traveling on a -22 - Ocd. No....!?Sa ................ Files 170. __. _._ ... ._.. .. ...... i. .. .. _ .. through street shall have entered a channelized inter- section or shall have approached the channelized intersection so closely as }o constitute an immediate hazard, the vehicle traveling on the said acceleration lane shall yield the right- of-way to the vehicles traveling on the through street. (d) Any vehicle intending to turn left from a through street, exit from which is made by means of a left-turn deceleration lane designated in or near the center of the through street, shall enter the deceleration lane and shall. cross the through street after seeing its way clear. When- ever any vehicle traveling on a through street shall'kfave entered a channelized intersection or shall have approached the channelized intersection so closely as to constitute an immediate hazard, the vehicle on the said deceleration lane sha].1 yield the right-of-.vay to the vehicle traveling on the through street. SECTION 50. Turning into private driveways. The driver of a vehicle intending to turn into a private driveway shall do so as follows: (a) Both the approach for a right turn and a right turn shall be made as close as is practicable to the right- hand curb or edge of the roadway. (b) Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line of the roadway and the left turn shall be made with proper care to avoid accident. SECTION 51. Right-of-way; vehicles approaching or entering intersections. (a) The dfiuGr of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. (b);r When two vehicles enter an intersection from dif- ferent highways approximately at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (.~1; The foregoing rules are modified at through struts and otherwise hereinafter stated in this ordinance. SECTION 52. Etight-of-way; vehicles turning left at intersections. The driver of a vehicle within an inter- section intending to turn to the left Mall yield the riyht- of-way to any vehicle approaching from the opposite direction which is within the intersection, or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by thi~prdinance may make such left turn and the drivers of all other vehicles approaching the intersecti~o[Jn~ from saic9 Ord. t7 o. ----i~".. --------'-' -23- F;fe ti o...- -- -- ..._ _. -- M. 8. lio ......................- ---• opposite direction shall yield the right-of-way to the vehicle making the left turn. SECTION 53. Right-of way; vehicles entering through street or stop intersections. (a) The driver of a vehicle shall stop as required by this ordinance at the entrance to a through street and shall yield the right-of-vaay to other vehicles which have entered the intersection from said through street or which are approaching so closely on said through street as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on said through street shall yield the right-of-way to the vehicle so proceeding into or across the through highway. (b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through street, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate ha-rard, but may then proceed. SECTION 54. Limitations on turning around. (a) The driver of any vehicle shall not turn such vehicle so as to proceed on the opposite direction (make a U-turn) upon any street in the business district, upon any four-laned highway, or at any intersection where traffic is controlled by traffic signal lights during the hours between 6:00 a.m. to midnight of each day. However, when official signs or markings are installed giving notice thereof, U-turns shall be allovaed in areas designated by a resolution of the Board of supervisors. (b) The driver of any vehicle shall not turn such vehicle so as to ,-proceed in the opposite direction unless such movement can be made in safety and without backing or other~aise interfering with other traffic. (c) The driver of any vehicle shall not turn so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. 5L'CTIUN 55. Limitations on backing. It shall be unlawful for the driver of a vehicle to back the same into an inter- section or over a crosswalk. SECTION 56. Prohibited left and right tura<. (a) vJhen official traffic signs ar.~ erected giving notice t;~ereo ~ , no driver ~rE a vehicle sham .cake a Ieft or Ord. I1 u. -----~~~ right turn at any sign~~osted intersection withi~~ a congested c.i_;tr;.ct. For the,>rovisions of this uaragraph, the chief of Police may place or erect signs of a temporary natur:~ during ;,eak traffic hours at any intersection he may deem to be congested. (b) Left turns prohibited. 1. Between the hours of 7:00 a.m. and 4:30 ,~.m. of any day, except Sundays and public holidays, the operator of any vehicle shall not make any left turn between intersections in a business district provided that adequate signs and/or markings are placed. The department of public works shall place signs and/or markings as recommended by the police department and the planning and traffic commission where a left turn movement into a driveway may create an undue hazard or congestion to a nearby intersection. 2. When official signs are erected giving notice thereof, no vehicle shall make a left turn at any intersection designated by a resolution of the Board of Supervisors. (c) Kight turns prohibited. 1. When official signs are erected giving notice thereof, no vehicle shall make a right turn at any intersection designated by a resolution of the Board of Supervisors. SECTION 57. One-Quay streets. Vehicular traffic, on any street or highway or portion thereof shall move only in the indicated direction when signs or markings indicating the direction of traffic are erected or maintained at every intersection where movement in the opposite direction is prohibited. One-way streets shall be designated by a resolution of the Board of Supervisors. SECTION Su. Stop when traffic is obstructed. No driver of a vehicle shall enter an intersection or a marked or unmarked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is driving without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal. SECTION 59. Starting, stopping, turning or backing. The driver of any vehicle before starting, stopping, turning from a direct line, or backing shall first see that such movement can be made in safety. If such movement cannot be made in safety, or if it interferes unduly with the normal -GS- file ti u. - - ~ - ...-.-..... M. ll. No. --'-------~------ ....- movement of other traffic, said driver more favorable opportunity to make suc operation of another vehicle should be or turning movement, the driver of suc be given a plainly visible signal, in in Section 124 of this ordinance. shall wait for a movement. If the affected by a stopping other vehicle shall. he manner described SECTION 6U. Vehicles not to be driven on sidewalk. No person shall drive a vehicle within any sidewalk area except at a permanent or temporary driveway; provided, however, that no person shall drive a vehicle over the sidewalk area into any designated bus stop. 5L'CTION 61. Stop before entering through streets and before entering intersections where stop signs are erected. (a) When stop signs, officially designated, are erected upon streets or highways intersecting any through street at the entrance thereto, or upon any other street or highway at the entrance to any intersection, every driver of a vehicle and every driver or operator of any moving vehicle shall stop at the stop line; provided, however, that in the event there is no stop line, then said driver or operator shall stop at the nearest line marking the crosswalk at such entrance; and provided, further, that in the event there are no such lines, then said driver or operator shall stop at the place where such street meets the prolongation of the nearest property line of such through street or other street or highway to be entered. (b) The "stop line" shall be a clearly visible white line extending across the right half of the roadway and placed on streets and highways having such stop signs. (c) A through street shall be any street or portions thereof, designated by a resolution of the'Board of Supervisors. SECTION 62. Intersecting through streets and stop intersections. Every operator of a~ vehicle traveling on a through street, entering or intersecting another through street, shall exercise due caution and yield the right-of-way as defined and shall also stop at any intersection-designated as a stop intersection by a resolution of the Board of Supervisors. SECTION 63. Turn right anytime with caution intersections. When official TURN RIGHT ANYTIME WITH CAUTION signs are erected at any intersection, the driver of a vehicle may make a right turn movement without coming to a stop provided such movement is made with proper care to avoid accident. To enforce the provisions of this section, the chief engineer or the state highway engineer is authorized to erect said signs with the advice of the planning and traffic O.J. ti o. ...~<_~_---~----- -26 - ._.. File ho...---°-------'----'----- .a n w~~ ___ ._._.... commission when the said commission determines that said movement will facilitate traffic flow within the intersection, and at the same time provide adequate safety to pedestrians as well as motorists. SECTION 64. Slow Yield Right-of-Way Intersection. When official Slow Yield Right-of-Way sign is erected at any intersection, the driver of a vehicle approaching said sign shall slow down to a speed of not more than 10 miles per hour and yield the right-of-way to other vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard. I£ a driver is involved in a collision at any inter- section or interferes with the movement of other vehicles after driving past a yield sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield the right-of-way. To enforce the provisions of this section, the chief engineer or the state highway engineer is authorized to erect said sign with the advice of the planning and traffic commission when the said commission determines that said movement will facilitate traffic flow within the intersection, and at the same time provide adequate safety to pedestrians as well as motorists. SECTION 65. Emerging from alley or private driveway. (a) The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, driveway, or building and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. (b) The operator of a vehicle outside of a business or residence district entering a public highway from a private road or driveway shall yield the right of way to all vehicles approaching on such public highway, except when stop signs, officially designated, are erected upon the public highways intersecting said private highway. (c) The operator of a vehicle entering a public highway from a private road or driveway shall stop in obedience to a stop sign as required by this ordinance when said stop sign is erected at the entrance to the public highway by the county engineer or state highway engineer for the County of Hawaii. For the provisions of this section, the county engineer is hereby authorized to erect stop signs at the entrance to a public highway when the county engineer or the planning and traffic commission determines its need in the interest of traffic safety upon the basis of an enginee,~ing and traffic investigation. ~.~ t;.. at) `~ ---__... -27- File t. v. .--------------.._.... SECTION 65.01. Every operator of a vehicle traveling on a public highway which is not designated as a through street and which intersects a private roadway shall stop in obedience to a stop sign as required by this ordinance when said stop sign is erected by the county engineer on a public highway where it intersects a private roadway. For the provisions of this section, the county engineer is hereby authorized to erect stop signs on a public highway where it intersects a private roadway when the Planning and Traffic Commission determines its need in the interest of traffic safety upon the basis of an engineering and traffic investigation. The provisions of this ordinance applicable to intersections shall be applicable where said stop signs are erected. SECTION 66. Operation of vehicles upon approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighten lamp exhibiting a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or when the driver is giving audible signal by siren, exhaust whistle, or bell: 1. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, the right-handed edge or curb of the roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. of due 2. This section shall not operate n authorized emergency vehicle from regard for the safety of all persons to relieve the driver the duty to drive with using the highway. SECTION 67. Following fire apparatus prohibited. The driver of any vehicle, other than one on official business, shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. SECTION 68. Driving over fire hose prohibited. No vehicle shall be driven over any unprotected hose of the fire department when laid down on any street or private driveway without the consent of the fire department official in command. SECTION 69. Speed restrictions. File t; u. .------'--------__..._.....-. M. B. No. ° .............._.~.------- (a) No person shall operate a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. (b) Where no special hazard exists the following speeds shall be lawful but any speed in excess of said limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful: 1. Fifteen miles per hour in the following areas: a. All streets within the Waiakea Mill Camp 1 area. b. All streets within Lanakila Homes area, except for Kapiolani Street and Wailoa Street. c. Pakalana Street in }lonokaa from a point 400 feet mauka of Kukui Street to Mamane Street. 2. Twenty miles per hour while passing:school building, •~, or the grounds thereof, while children are going to or leaving such school during opening or closing hours or while the play- grounds of any such school are in use by school children, and in addition thereto the following areas: a. Wailuku Drive between Kinoole Street and Kamehameha Avenue. b. Konawaena School Road from Mamalahoa Highway to the school. c. The Puako Beach Road within the Puako Beach Lot Subdivision of the State of Hawaii. d. Ainako Street, within 200 feet to the approaches to the Ernest S. de Silva Elementary School driveway, between the hours of 7:15 a.m. to 5:15 a.m, and 1:45 p.m. to 2:45 p.m, on school days. 3. Twenty-five miles per hour in any business district or when passing a public park and in addition thereto the following areas: a. Mamalahoa Highway from the Hamakua boundary of Honomu School to Paheehee Gulch at Honomu, Hilo. b. Akaka Falls Road at Honomu. c. Mamalahoa Highway from the Hilo side of Wailea to Hakalau Gulch at Hakalau, Hilo. d. Chin Chuck Road at Hakalau, Hilo. e. Kukuau Street in Hilo. f. Alii Drive (Kailua-Keauhou Beach Road) from the Kailua wharf to a point 500 feet south of Hualalai Road (Waiaka Lodge). g. Kinoole Street, between Kukuau Street and a point measuring 300 yards on the Puna side of Hualalai Street in Hilo. -29- Fila 1.0. __ M. B. No. --~--- - - - ....,,._. _ _ ~ ~,. ,n _.- - -_--- __ h. Mamalahoa Highway from its intersection with Kuakini Highway for a distance of 500 feet in the Holualoa direction, i. Mamane Street (hlamalahoa Highway) in Honokaa, from Nienie Gulch traveling in a southeasterly direction to its first intersection with Ohia Street (Old Homestead Road) j. Haunani Road at Volcano. k. Palani Road in Kona from Alii Drive to a point 1,000 feet mauka of Kuakini Highway. 4. Thirty miles per hour in any residential district and in addition thereto thc> following areas: a. Kanoelehua Street in Hilo between Kamehameha Avenue and Lanikaula Street. b. Haihai Street, from Kilauea Street to Laula Street. c. Waianuenue Street, from Kapiolani Street to Halai Street. d. Kamehameha Avenue, between Pauahi Street and a point 500 feet Puueo of Manono Street (Hilo Iron Works). e. Alii Drive (Kailua-Aeauhou Beach Road), from a point 500 feet south of Hualalai Road (Waiaka Lodge) to the cattleguard near the Kahaluu- Keauhou boundary. f. Mamalahoa Highway, at Olaa, from the Slaughterhouse Road to the Keaau (Mill) Road. g. Mamalahoa Highway in Ookala Village from the Hilo intersection with the Hawaii Belt Koad to the Hamakua intersection with the Hawaii Belt Road. h. Pahoa to Kapoho Road of Kapoho Village to Kalapana to Honolulu i. Kalapana to Honolulu intersection with the point 200 feet south in Kapoho from the easterly end the intersection with the Beach Road. Beach Road in Kapoho from the Pahoa to Kapoho Road to a of Kapoho School. 5. Thirty-five miles per hour in the following areas: a. Kamuela Village, from the old CCC Camp to Kamuela Airport on Mamalahoa Highway at Kohala. b. Kamuela Village, from the Parker Ranch Store to the County Warehouse at Waiaka on the Kamuela to Hawi Road in Kohala. c. Kuakini Highway in Kona, from a point 500 feet on the Keauhou side of Hualalai Road to Palani Road. -30- b,.l. IJ o. .----- ---_._____..--- File IJo.....------------------ bl. B. I'Jo...- -- ---- - ---- n. GL@:................_ ..................... d. Saddle Road, one mile on either side of the main entrance into the Pohakuloa Base Camp, when the Armed Forces of the United States are occupying the Pohakuloa Training Camp and provided speed limit signs are posted. e. Hawaii Belt Road in Hilo, from Kanoa Street to a point 200 feet Puna of the Waianuenue Street intersection. f. The Olaa to Pahoa Road in Olaa from a point .2 mile from Mamalahoa Highway to the cattle guard i~rt the Pahoa direction for a distance of approximately 1.2 miles. 6. Forty-five miles per hour in the following areas: a. Mamalahoa Highway, in Mountain View, from a point. 500 feet on the Hilo side of the Kulani Road to a point 300 feet on the Volcano side of the Mountain View stables, except when the school zone speed limit is in effect. b. Mamalahoa Highway, in Kurtistown, from a point 300 feet on the Hilo side of the Iwasaki Camp Road to the 132 mile Homestead Road, except when the school zone speed limit is in effect. ~. Hawaii Belt Road in Papaikou fron, cue Honokaa side of >.~. u~ Bridge to the Kaieie Homestead Road. d. Hawaii Belt Road in Ninole from a point 1,300 feet Hilo of waikolu Bridge to the Hilo end of SllR-3 (15). e. Mamalahoa Highway, from a point 1,200 feet on the Hilo side of the Honuapo Landing road, to a point 1,600 feet on the Naalehu side of the said Honuapo Landing road. f. Saddle Road, between the Hilo Country Club Road junction and the junction of the Humuula Sheep Station Road, when the Armed Forces of the United States are occupying the Pohakuloa Training Camp and provided speed limit signs are posted. For the purposes of this subparagraph, the State Highway Engineer is hereby authorized to post speed limit signs when the armed forces are occupying the Pohakuloa Training Camp. g. Hawaii Belt Road In Papaaloa from the Honokaa side of Kihalani Bridge to the Hilo side of Moanalulu Bridge. h. Mamalahoa Highway at the Volcano from Wright Road to the Hawaii National Park boundary. i. Hawaii Belt Road in Kukaiau Village from Kainehe Stream to Umewai Bridge. j. Hawaii Belt Road in Kona, from the end of FAP 8-G (Captain Cook) to the beginning of FAP 8-D (Honaunau). _ Ord. No. ...-.-~K..~ .............. _31_ File No... _ . ' -- ..-....... Date: k. Hawaii Belt Road in Hilo, from a point 500 feet Hamakua of the Wainaku cutoff road to Kanoa Street. 1. Palani Road in Kona, from the Hawaii Belt Road to a point 1,000 feet mauka of Kuakini Highway, except where the residential district speed limit is in effect. m. Saddle Koad, within the Pohakuloa Training Area, between Hilo Road Marker 33 and Hilo Road Marker 43, except the area within one mile on either side of the main entrance to Pohakuloa Base Camp, when the Armed Forces of the United States are occupying the Pohakuloa Training Camp and provided speed limit signs are posted. n. Hawaii Belt Road at Honomu, within 700 feet of the Honomu Cutoff Road. o. Hawaii Belt Road at Hakalau, from a point 400 feet on the Hilo sid®, of the Hakalau bridge to a point 700 feet on the Hilo side of the Chin Chuck inter- section. 7. Fifty-five miles per hour in all other locations. Any speed in excess of the aforesaid limits shall be prima-facie evidence that the speed is not reasonable or prudent and that it is unlawful. SECTION 70, Minimum speed. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law, Police officers are hereby directed to enforce this provision by orders to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with the orders of an officer in accordance herewith the continued slow operation by a driver shall be a misdemeanor. SECTION 71. Speed of heavy vehicles restricted. (a) No vehicle equipped wholly with pneumatic tires shall be operated upon any highway at a greater speed than thirty-five miles per hour when the weight including load exceeds 34,000 pounds. (b) No vehicle equipped wholly or partly with solid tires shall be operated upon any highway at a greater speed than ten miles per hour when the weight including load exceeds 14,000 pounds. -32- O,d. TJ o. ----~°~.. Filo Nu _....------'--_. .... Jvt. B. No. .-.'--.._.__. pate :..............--- -_......,_-.....-_.._.r...._.,.,._ __ _ ,..,. ..,,, (c) The rates of speed for vehicles equipped wholly with cushion wheels or with a combination of cushion and pneumatic tires shall not be more than 25% greater than those provided for vehicles equipped wholly or partly with solid tires. A "cushion" wheel, when used herein, shall designate a wheel which by reason of its construction, is nonrigid and is resilient within itself. (d) No vehicle or trailer carrying a weight in excess of six tons, including 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 excess of six miles per hour. SECTION 71.01. Speed of Jeeps restricted. No person shall operate a one-quarter ton 4 x 4 utility truck, commonly referred to as a jeep, upon any highway at a greater speed than thirty-five miles per hour. SECTION 72. Persons under the influence of intoxicating liquor or of drug. (a) It is unlawful and punishable as provided in sub- section (c) of this section for any person who is under the influence of intoxicating liquor or drugs to drive or be in actual physical control of any vehicle within the County of Hawaii. (b) It is unlawful and punishable as provided in sub- section (c) of this section for any person who is a habitual user or under the influence of any drug to a degree which renders him incapable of safely driving a vehicle to drive any vehicle within the County of Hawaii. The fact that any person charged with a violation of this subsection is, or has been, entitled to use such drug, under the laws of the State of Hawaii, shall not constitute a defense against any charge of violating this subsection. (c) Every person who is convicted of a violation of this section shall be punished by a fine of not less than $100.00 nor more than $500.00. SECTION 73. Negligent driving. Any person who drives any vehicle negligently so as to endanger any person or property shall be guilty of a misdemeanor. SECTION 74. Unlawful to sit on the outer side of driver or to obtain view of highway through steering wheel. (a) No person shall operate a motor vehicle with another person to the left of the driver on the driver's seat in a left-hand-drive vehicle or to the right of the driver on the driver's seat in a right-hand-drive vehicle. (b) No person shall operate a motor vehicle when the view of the highway ahead is viewed through the steering wheel or seated so low as to be unable to give a clear hand signal. -33- File Inc...-------------------------- M. B. No. . SECTION 75.. Boarding or alighting from any vehicle. No person shall board or alight from any moving vehicle. SECTION 76. Unlawful riding on motorscooters and motorcycles. It shall be unlawful for any owner or operator of any motorscooter, motorcycle or bicycle, to permit or allow any person other than the operator thereof to ride thereon, unless the same is equipped with: (a) A seat at least 18 inches in length, with hand and foot rests provided for the passenger; or (b) A separate passenger's seat, hand and foot rests; or (c) A sidecar designed for the carriage of passengers. SECTION 77. Duties of driver, etc., of locomotive or cane car used in agricultural or industrial work at grade crossings, The driver, engineer, or person in charge of any locomotive or cane car, where operated on stationary rails used in agricultural or industrial work, shall not cause or permit such locomotive or cane car to enter upon or cross any highway without first stopping and yielding the right-of- way to any vehicle crossing or about to cross the grade crossing, or which is approaching so closely on said highway as to constitute an immediate hazard; but having so yielded may proceed; provided, however, that a flagman shall have first stationed himself in a conspicuous spot, approximately in the center of the highway in close proximity to the tracks or grade crossing, displaying a red flag not less than 16 inches square, except that from a half hour after sunset to a half hour before sunrise, in lieu of the said flag, a red light or lantern shall be so displayed plainly visible for a distance of 500 feet from both sides of the tracks or grade crossing. SECTION 78. Persons propelling push carts or riding bicycles or animals to obey traffic zegulations. Every person propelling any push cart or riding a bicycle or an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this ordinance applicable to the driver of any vehicle, except those provisions which, by their very nature, can have no application. SECTION 79. Clinging to moving vehicles prohibited. No person riding upon any bicycle, coaster, roller skates, or toy vehicle, shall attach the same or himself to any vehicle upon a roadway. SECTION 80. Riding on roadways and bicycle paths. (a) Every person operating a bicycle upon a roadway shall -34- ~[ ~~ O.d. I]o. _..----_..___------.._.._. raid i;~. -- - - -_...-- --~- M. b. No. Date: ______ ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use path and not the roadway. PEllESTRIANS' KIGHTS AND DUTIES SECTION 81. Pedestrians subject to traffic control signals. Pedestrians shall be subject to traffic control signals at intersections and other places, as heretofore provided, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restric- tions stated in the following sections. SECTION 82. Pedestrians' right-of-way in crosswalks. (a) The driver of a vehicle shall yield the right-of- way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall. enter any crosswalk or part of a crosswalk when vehicular traffic is so close thereto as to constitute an immediate hazard. (b) Pedestrians shall walk briskly within a crosswalk so as not to impede the flow of vehicular traffic. SECTION 83. Crossing at other than crosswalks; "jay-walking." (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (d) Pedestrians shall not cross any roadway within 200 feet of any intersection where traffic is controlled by a traffic signal device or by a police officer, except within a marked or unmarked crosswalk. ~~ File No. ----------.. _.----_._._.. -35- M. B. No. _..- - ... -- - .Date:......_......----------------...., (e) Pedestrians shall not cross any roadway other than at right angles to the edge of the roadway. SECTION 84. Pedestrians on roller skates, etc. It shall. be unlawful for any person upon roller skates or riding in or by means of any coaster, or vehicle or similar device, to go upon any part of the roadway, except while crossing a street within a crosswalk, at which time he shall be subject to the general provisions of this ordinance pertaining to pedestrians. SECTION 85. Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. SECTION 86. Pedestrians soliciting rides. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. SECTION 87. Blind and crippled pedestrians' right-of-way. Except at intersections where the movement of traffic is being regulated by police officers, the driver of a vehicle shall come to a stop and take such precautions as may be necessary before proceeding so as to avoid injury to a crippled pedestrian using crutches, or to a blind or partially blind pedestrian, carrying in full view a cane, white in color, or white with red ends, and blowing a whistle similar to the type of whistle used by police officers. SECTION 88. Pedestrians to travel on left side of roadway. (a) where a street or highway is provided with a usable siderovalk, no pedestrian shall travel along the paved or improved roadway, devoted to vehicular traffic. (b) Where no sidewalks or safety lanes have been provided, pedestrians traveling on and along the roadway, shall travel only on the left-hand edge thereof. SECTION 89. Unlawfu] to sit, kneel, squat or lie in highway. It is unlawful for any person to sit, kneel, squat or lie upon any roadway, sidewalk, or sidewalk curbing except when overcome by illness or in an emergency. SECTION 89.01.. Sitting, standing, or walking on railings of highway bridges or overpasses. No person shall sit, stand, or walk, or aid or assist any other person to sit, stand, or walk upon the railing of any highway bridge or overpass in the County of Hawaii. SECTION 90. Reconstructed, specially constructed and hot rod vehicles. ~ 05 -.3fi- Oad. No. ........_-_.-____...._.... ~; LI. B. No. -°-- ...-. - --- °-....... Date:...._..---°--•-----.._ ............. (a) No person shall operate upon any street or highway a reconstructed or rebuilt motor vehicle, a specially constructed vehicle, or a hot rod, without first having obtained a permit for the vehicle from the chief of police. (b) Before issuing such permit, the chief of police shall require a written report of inspection on such vehicle as to brakes, lights, and general working conditions, issued by some responsible authority designated by him. (c) Permits issued for the operation of reconstructed vehicles may be revoked at any time the chief of police has reason to believe that such vehicles are a menace to traffic. (d) The county treasurer shall not register any re- constructed vehicle unless the applicant has presented to the treasurer a certificate of inspection from the chief of police. SECTION 91. Width and height of vehicles restricted. (a) No motor vehicle or other power vehicle, truck- tractor, trailer or semi-trailer of a greater width than nine feet, including load, and of <s height in excess of thirteen feet, including load, shall be operated on any street or highway except under the provisions specified in Section 311-2 D, Revised Laws of Hawaii 155. (b) No motor vehicle operated on a public highway shall have a wheel base longer than two hundred twenty inches; and no bed or body of any motor or power vehicle shall extend or overhang in the rear from the rear axle of such vehicle, more than a distance equal to fifty-five (55) per cent of the length. The point of measurement in determining said fifty-five (55) percent of the length of the wheel base extension in the rear shall start at the center line of the rear axle housing; for the purpose of this section, axles placed in the same trans- verse plane which are closer than forty-two inches shall be considered as one axle; provided, however, that the restriction regarding length of the bed o:r body of any motor vehicle shall not apply to any such vehicle equrpped with a dual rear axle. (c) No vehicle shall be operated on or over any highway having any luggage, package, trunk, crate, box or any other load thereon extending beyond the extreme width of the vehicle. (d) Whenever the load on any vehicle shall extend more than tour feet beyond the rear of the bed or body thereof, there shall be displayed at t;~e end of such load in such position as to be clearly visib-Le at all times rrom the rear of such vehicle a red flag not less than twelve inches both rn length and width, except that between one-halt hour after sunset and one-half hour before sunrise there shall be displayed at the end of such load a r.ed light, visible under normal atmospheric conditions at least two hundred feet from the rear of such vehir.le. (e) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than four :Feet beyond the front wheels of such vehicle or the front bumper of such vehic.Le if rt is equipped with such a bumper. SECTION y2. Permission to operate certain heavy vehicles. Phe state highway engineer or his representative, in case of _ 3'7_ ova. rra..._~.5-- --- - -.. File 2r o...--------------.-...---.. M. B. No- ---------- -------°-- -----.. Date: _......._._-•-•-°------------- state highways, or the county engineer, or his representative, in case of county roads, may grant written permission for the moving of heavy vehicles and objects exceeding the height, width, and length specified in Section yl of this ordinance, in which case a copy of said permit shall be submitted to the police department of the district thereof before exercising the rights of said permit. Said engineer may require a sufficient bond to protect the County of Hawaii from any loss or damage by reason of such operation and moving. SECTION ~s3. Use of flanges, etc., on wheels. No traction engine, road engine, hauling engine, trailer, steam roller, automobile, truck or other power vehicle shall be operated upon any street or highway, the face of the tires of which are fitted with flanges, ribs, clamps, cleats, lugs, chains, spikes or other projections destructive to the road surface, other than rubber blocks. In cases of traction engines and steam plows which are equipped or provided with flanges, ribs, clamps, cleats, rings or lugs, such vehicle shall be permitted to pass over any public highway provided that cleats are fastened ` upon all the wheels of such vehicles, not less than two and one-half inches wide and not more than one and one-half inches high, so placed that not Less than two cleats on each wheel shall touch the ground at all tim^s, and that the weight shall. be the same on all parts or satd cleats. Vehicles of the track laying type shall not be operated on a highway unless the portion of the track in contact with the highway is provided with a smooth surface of sufficient area to carry the :Load of the vehicle without damage to the road. SECTION y4. Horns and warning devices. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operas:ton give audible warning with his horn, but shall not otherwise use such horn, when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. (c) Any authorized emergency vehicle may be equipped and all authorized emergency vehicles of the Fire Department and all ambulances shall be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions at not less than five hundred feet of a type approved by the chief of police, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter event, the driver of such vehicle shall sound said siren to warn pedestrians and other drivers of the approach -38- Ord. No. -.-- ~ C -- --'---•-•-•-_ File P. o. ------'.----- M. 8. No. °---- Date: thereof; provided further, that said emergency vehicle may be equipped and all authorized emergency vehicles of the Fire Department and all ambulances shall be equipped with one red blinker light showing at the front thereof. SECTION y5. Rear vision mirror required. Every motor vehicle shall be equipped with a mirror attached to and so located and adjusted on such vehicle to give the operator thereof a clear reflected view of the hig hway directly to the rear of or on a line parallel to the side of the body of such motor vehicle. SECTION X36. idindshields to be unobstructed and equipped with wipers. (a) No person shall drive any motor vehicle upon any highway while the windshield or rear window or windows thereof are so obscured by foreign matter, stains or defective lami- nation, or is so damaged or repaired, as to obscure the vision of the operator to a substantial degree. (b) No person shall drive any motor vehicle with any non-transparent material or object suspended within the wind- shield area as viewed from the driver's seat, nor shall any person drive any motor vehicle upon the hood or radiator of which is attached any fixture or ornament of any material which vibrates, swings, or flutters within view of the driver of said vehicle. (c) No person shall operate a motor vehicle upon any highway unless such vehicle shall have attached to the driving side of the windshield, if any, a suitable and workable wind- shield carper which may be operated by hand or automatically. (d) No person shall operate a motor vehicle upon any public highway with "stickers" or posters on the windshield covering an area greater than four inches by six. inches and such stickers or posters shall be placed in the lower right- hand corner of the windshield. The same requirements shall prevail for rear window in vehicles where the use of rear vision mirror is through such rear window. SECTION y'I. Mufflers; prevention of noise. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. For the provisions of this section, a muffler shall be defined as a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from the engine of the vehicle, and effective in reducing noise. SECTION ~fi. Lights. No person shall operate a motor vehicle upon any highway a half hour after sunset ~ a half hour before sunrise or at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of -3y- o.a. ia~. __s-~_'S_... Fits i..:. - __ - - --- M. B. lda .. --- -`- -- -'- Date: SOO feet ahead unless such vehicle shall have in operation lighted lamps and illuminating devices as required by the provisions of the Revised Laws of Hawaii and this ordinance. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. (a) Light beams to be lowered. On approaching another vehicle proceeding from the opposite direction, and when within not less than three hundred feet of same, any person, driving a motor vehicle equipped with headlamps empowered to throw two or more sets of beams for driving purposes, shall temporarily substitute the lower beams, in case the higher beams are then being used, until said approaching vehicle has passed said person. (b) Spotlights. No spotlight shall be used in any city, town or village, and no spotlight shall be so used as to shine in the eyes of the drivers of approaching vehicles, and when used every spotlight must be turned off not less than three hundred feet from an approaching vehicle. (c) Lamps on parked vehicles. Whenever a vehicle is parked or stopped on a street during the hours between a half hour after sunset and a half hour before sunrise, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of 500 feet to the front of the vehicle and a red light visible from a distance of 500 feet to the rear. No parking lights need be displayed under any of the following conditions. 1. Whenever a vehicle is stopped or parked in such a location where there is sufficient lighting to reveal said vehicle from a distance of 200 feet on all roadway approaches to the said vehicle. The lighting provided by headlights of approaching vehicles shall not be construed as the sufficient lighting required by this section. 2, Whenever a vehicle is stopped or parked en- tirely off a paved roadway or the main travelled portion of an unpaved roadway and there is at- tached upon the rear of such vehicle a red re- flector so maintained as to be visible from all distances within 300 feet to 50 feet from such vehicle. 3. Whenever a vehicle is stopped or parked so that a red reflector is so maintained as to be visible from all distances within 500 feet from the rear of such vehicle. -4U- ~!"' Ord. Na..- ...............~---°~--°--- File t. o..-~ Jv1. B.~Io. Date:....... (d) Signal lamp or lamps. 1. Any motor vehicle may be equipped with or lamps. 2. A signal lamp or lamps shall be capable indicating any intention to turn either or to the left and shall be visible and during the daytime and nighttime from a signal lamp of clearly to the right understandable distance of 100 feet both to the front and rear. 3. When a vehicle is equipped with a signal lamp or lamps, such lamp or lamps shall at all times be maintained in good working condition. 4. No signal lamp or lamps shall project a glaring or dazzling light. (e) Stop lamp. 1. All motor vehicles shall be equipped with a stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with a tail lamp. Said stop lamp shall be plainly visible and under- standable from a distance of 100 feet to the rear both during normal sunlight and at night time. (f) Fog lamps. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 1L inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the7amp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head-lamp beams. Fog lamps shall not be used in substitution of head lamps, except under conditions of rain or fog rendering disadvantageous the use of head lamps. (g) It shall be unlawful to use parking lamps when any motor vehicle is in motion. SECTION 99. Additional lighting equipment. Vehicles described in the following paragraphs, when operated upon a public highway, shall be equiipped as required herein and all lamp equipment required shall be lighted from thirty minutes after sunset until thirty minutes before sunrise. (a) On every bus or truck eighty inches or more in overall width, in addition to other requirements, there shall be the following: o.~t. $o. ---~~.J ------------------ _41_ File 10. ---------------------------- M. 8. No. - ---`-` - - - --- 1. On the front, two clearance lamps, one at each side. 2. On the rear, two clearance lamps, one at each side. 3. On the side, two side marker lamps, one at or near the front and one at or near the rear. 4. On each side, two reflectors, one at or near the front and one at or near the rear. (b) On every truck-tractor: 1. Un the front, two clearance lamps, one at each side. 2. On the rear, one stop light. (c) On every trailer or semi-trailer having a gross weight in excess of 3,000 pounds: 1. On the front, two clearance lamps, one at each side. 2. On each side, two side marker lamps, one at or near the front and one at or near the rear. 3. On each side, two reflectors, one at or near the front and one at or near the rear. 4. On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stop light. (d) On every pole trailer in excess of 3,000 pounds gross weight: 1. On each side, one clearance lamp which may be in combination to show to the front, side and rear. 2. On the rear of the pole trailer or load, two reflectors, one at each side. (e) On every trailer, semi-tr~ler, or pole trailer weighing 3,000 pounds gross or less: 1. On the rear, two reflectors, one on each side. If any trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then such vehicle shall also be equipped with one stop light. Color of clearance lamps, side marker lamps, and reflectors. (a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the sides near the front of a vehicle shall display or reflect an amber color. (b) Near clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except the light illuminating the license plate or the light emmitted by a backup lamp, which shall be white. ~~~ Ord. No. '--~'-----'-'--""°-'.. _42_ FiJo IJo. --' __ -.-..... ..... i~d. B. No........_......_.--'-...-.... Mounting of reflectors, clearance lamps, and side marker lamps. (a) Reflectors shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. (b) The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. (c) Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this section. (d) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate i.ts extreme width and as near the toplthereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required with reference to both. Visibility of reflectors, clearance lamps, and marker lamps. (a) Every reflector upon any vehicle referred to in this section shall be of such size and characteristics and so maintained as to be readily visible at night from all distances within three hundred feet to fifty feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. (b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of two hundred feet from the front and rear, respectively, of the vehicle. (c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of two hundred feet from the side of the vehicle on which they are mounted. Auxiliary driving lamps. (a) A motor vehicle may be equipped with not more than three auxiliary driving lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this section and the Revised Laws of the State of Hawaii. (b) A motor vehicle may be equipped with a back-up light which shall be tilted at an angle towards the ground so that the beam of said back-up light does not extend beyond a distance of ten feet froru the rear of said motor vehicle. It shall be unlawful to operate any motor vehicle in a forward motion with a lighted back-i+p light. .,, Ord. Pi u. ~~ -~r..>_ .-..---- -. _......._......_. SECTION 100. ked or green light or reflector prohibited in front of vehicle. No vehicle shall be equipped with any light or reflector which casts or reflects red or green toward the front o.f said vehicle. SECTION 101. Brakes. (a) Brake equipment required. 1. Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. 2. Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot. 3. Every trailer or semi-trailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle. Such brakes shall be so designed as to be capable of being applied by the driver of the towing motor vehicle from its cab. Further, said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. 4. Every new motor vehicle, trailer, or semi-trailer, except any motorcycle, hereafter sold or built in the County of Hawaii and operated on the highways thereof shall be equipped with service brakes upon all wheels of every such vehicle, except that any semi-trailer of less than 1,500 pounds gross weight need not be equipped with brakes. 5. In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer wheels equipped with brakes; or both of the above means capable of being used alternatively may be employed. 6. One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any up or down grade upon which it is operated. -44- B.d. ti~.._..._.~~ ------------- Filo t o. -.--...._______ M. 8. Ito . ................ ^ip. when the vehicle is so loaded that the operator of the vehicle when sitting directly behind the steering wheel is unable to clearly show the whole forearm from the extreme 12ft of the vehicle or load when indicating a turn or stop signal to both approaching and following traffic, unless such vehicle is equipped with signal lamp or lamps or a mechanical signalling device as approved by the chief of police. (b) All mechanical hand signal devices when required shall be visible at least twelve inches from the extreme left of the vehicle or vehicle load". (c) After June 30, 1958, all taxicabs and busses shall be eyuipped with signal lamps as provided by Subsection (d) of Section 98. SECTION 104. Inspection of vehicles. (a) Vehicles without reyuired equipment or in unsafe condition. 1. No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof, unless the equipment upon any and every said vehicle is in good working order and adjusted as required by law and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. (b) Inspections by officers of the police department. 1. The chief of police or officers of the police department may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate. 2. In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not :in proper rirpair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the police department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of inspection and approval be obtained. (c) Owners and drivers to comply with inspection requirements. 1. No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when so ordered by the chief of police or an officer of the police department when there is reasonable cause to believe that said vehicle is unsafe or not equipped as required by law. oa. tao. - -k -46- F'ilo Ii o• -'-..-......- hi. B. 1Qo...-"--"-...... Date: --'...-.....-'-.....'-."-.. 2. Every owner of driver, upon receiving a notice as provided in subsection (b) of this section, shall comply therewith and shall secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the police department. 3. No person shall operate any vehicle upon the highways of the County of Hawaii after receiving a notice with reference thereto as above provided, except that he may so do at the discretion of a police officer for the purpose of returning such vehicle to the residence or place of business of the owner or driver, or to a garage, until such vehicle and its equipment have been placed in proper repair and adjustment and a certificate of inspection and approval has been obtained. 4. Upon certification of the chief of police that any vehicle is in such unsafe condition as to constitute a menace to safety, or upon notification and demand that the vehicle is not equipped as required in this ordinance, the chief of police shall so notify the county treasurer of the County of Hawaii. (d) Chief of Police to require periodic inspections. 1. The chief of police shall, at least once a year but not more frequentlyihan twice a year, require that every motor vehicle, trailer, semi-trailer and pole trailer, operated in the County of Hawaii be inspected during the official inspection period or periods of each respective year by a licensed examiner of an official inspection station and that an official certificate of inspection and approval be obtained for each such vehicle. 2. Such inspections shall be made and such certificates obtained with respect to the mechanism and equipment of every such vehicle. 3. The official inspection period for 1952 shall begin on January 1 and end 30 days after the effective date of this ordinance. The official inspection period for 1953 and subsequent years shall begin on January 1 and on March 31 of each respective year, and that the second official inspection period may be held upon reasonable cause between July 1 and August 31 of each respective year. 4. All vehicles so inspected and approved shall cause to be displayed in a conspicuous place, (the wind- shield on all motor vehicles) a safety sticker, the form of which shall be prescribed by the chief of police. 5. The chief of police may authorize the acceptance in the County ~f Hawaii of a certificate of inspection and approval issued to such vehicles in another juris- diction having an inspection law similar to this county. ~~~ -~~ Dnte: - -..._ ..............---- -- - (e) Official inspection stations. 1. The chief of police shall prescribe, issue and furnish at cost all necessary forms, permits and instructions to the official inspection stations and its examiners for the inspection of all motor vehicles, trailers and semi-trailers as required by paragraph 5, sub- section (f) of this section. 2. Application for such permit shall be made upon an official form and shall be granted only when the chief of police is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments and will be properly conducted. Before issuing a permit, the chief of police may require the applicant to file a bond that he will make compensation for any damage to a vehicle during an inspection due to negligence on the part of such applicant or his employees. 3. The chief of police shall supervise and cause inspections to be made of such stations and shall suspend or revoke and require the surrender of the permit issued to a station and its examiners which he finds is not properly equipped or conducted. The chief of police shall maintain at the office of the police department. a list of all stations holding permits and those whose permits have been revoked. 4. No permit for an official station shall be assigned or transferred or used at any location other than therein designated and every said permit shall be posted in a conspicuous place at the location designated. (f) Operation of official inspection stations. 1. Official inspection stations shall be conducted to conform to all provisions of the Traffic Code pertaining thereto. 2. The owner of the official inspection station shall be responsible for the work of its examiners and for the conduct of the station with regard to the requirements as set forth herein. 3. The fee for an examination of equipment and mechanical condition of any vehicle as described in this section shall not exceed one dollar and fifty cents and shall be paid for by the person submitting same for approval. However, the provisions of this paragraph shall not prohibit the inspecting station from charging extra for necessary adjustments and repairs. 4. Only the licensed examiners approved by the chief of police shall be permitted to approve the inspection check forms, issued by the Police Department, and they shall be responsible for the issuance of the official stickers. 5. Official inspection stations are reyuired to inspect the following for defects or non-conformities with the provisions of the Traffic Code: -48- Fila ::.,. - - - ... - - '- Cate: ----'-----------------°--------_,,., a. Steering system. b. Wheel alignment, c, Brakes. d. Horn, e. Lights, including marker and clearance lamps, f, Windshield and rear window, 9- Windshield wiper. h, Rear vision mirror. i. License plates. 7• Mechanical hand sign k. Tires. 1. Miscellaneous (other defects that may contribute to an accident), 6. The check list for each vehicle shall be made out in triplicate. The original shall be given to the vehicle owner, the first carbon copy shall be forwarded to the chief of police, and the second carbon copy shall be retained by the inspecting station. 7• Any vehicle satisfactorily passing an inspection as required by this section shall be issued a "safety sticker" by the official inspection station. The licensed examiner shall affix the vehicle license number, date of inspection, official station number, his inspection certificate number, and restrictions, if any, to the reverse side of the sticker. He shall then attach the said sticker to the lower right-hand corner of the windshield of the vehicle, or in the event the vehicle is a motorcycle, trailer, or semi- trailer, shall attach the said sticker upon a con- spicuous place upon the said vehicle. (9) Government vehicles, 1, The provisions of this section shall apply to all State and County-owned vehicles. 2. The provisions of this section shall not apply to vehicles owned by the Federal government. SECTION 1U5, Impounding of unsafe motor vehicles. Upon certification of the chief of police that any motor vehicle is in such unsafe condition as to constitute a menace to the public, said chief of police may forthwith impound said motor vehicle; provided, however, that the chief of police shall release said unsafe motor vehicle to a garage or automotive repair shop for the purpose of being equipped and/or repaired, and after said vehicle has been so equipped and/or repaired as to-constitute a safe vehicle as required by the provisions of this ordinance, said motor vehicle shall then be returned to the owner thereof. -49- Ord. t1o...--..°~-~--°-'-'-------• File No. ---~~------__..._ _.___---.. Date:."-."---------'----•----....' -"•-• Pilo 110' -------. `.-"-"-.. h1ISCELLANEOUS PKOVISIONS SECTION 106. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended and unoccupied by a person able to control the same without first stopping the engine, locking the ignition, removing the ignition key from the vehicle, and effec- tively setting the brakes thereon, and when standing upon any grade, turning the front wheels to the curb or side of the highway; provided, however, that the requirements for stopping the engine, locking the ignition, and removing the ignition key from the vehicle shall not apply to the three-wheeled motorcycle (servi-car) of the Police Department when enforcing traffic regulations. SECTION 107. Regulations governing traffic during processions, parade and funerals. (a) No person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as by law reyuired. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers. (b) No funeral procession, or parade that impedes the normal flow of traffic excepting the forces of the United States Army or Navy, the military forces of this State, and the forces of the police and fire departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (c) A funeral composed of a procession of vehicles shall be identified as such by the display ol` lighted headlamps on each vehicle. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the r~dway as practicable and follow the vehicle ahead as closely as is practicable and safe. SECTION lOa. Tracking mud on highway. No vehicle using the public highway shall. track mud or dirt onto the traveled portion of such highway in such quantities as will constitute a hazard when the roadway is wet, or obscure the painted pavement markings thereon. In the event that mud or dirt i.s unavoidably tracked onto the highway, it shall be the duty of the operator of the offending vehicle to have said mud or dirt removed immediately. (a) SECTION 109. Unlawful riding. No person shall ride nor shall any driver of°any vehicle permit riding on any portion of a vehicle not designated or intended for the use of passengers. This provision shall not apply to employees engaged in the necessary discharge of duty or to persons riding within truck bodies in space intended for merchandise. Ord- No. .. ~~~_ .-._.._...... _SU_ I'ilc 2i o. ..... _..__.___......-.._.. (b) No passenger shall ride nor shall any driver permit riding upon any vehicle in such a manner so as to allow any part of his body to extend over the front, rear, or side of said vehicle. SECTION 110. Obstruction to driver's view or driving mechanism. (a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, including the driver, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (b) No passenger in a vehicle shall ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. SECTION 111. Duty upon striking unattended vehicle. The driver of any vehicle which collides with another vehicle which is unattended shall immediately stop and shall then and there locate and notify the driver or owner of such vehicle of the name and address of the driver and of the owner of the vehicle striking the unattended vehicle together with the license of said vehicle, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking, together with the license number of said vehicle, and a statement of the circumstances thereof. SECTION 112. lluty upon striking fixtures upon a highway. The driver of any vehicle involved in an accident resulting only in damages to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the vehicle license number of the vehicle he is driving, and shall upon request exhibit his driver's license, and shall make a report of such accident when and as required by this ordinance. SECTION 113. lluty to report accidents. The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of twenty-five dollars or more, shall immediately or as soon thereafter as possible report such accident to the police department. The police vehicle involved made as required reports whenever opinion of said department may require any driver of any in an accident of which a report must be in this section, to file supplemental the original report is i-nsufficient in the department. _ o..r. rr~..-- ~-~- --- -- -~-~- -51- Pilo ho. - - - --- M. B. 1Jo.....---°------ SECTION 114. Garage keeper to report on accidents. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the police department immediately after such vehicle is received giving the license number and engine number of the vehicle and the name and address of the owner or driver of such vehicle. SECTION 115. Obstruction of intersection. (a) No hedge,, shrubbery, fence or similar obstruction shall be maintained or permitted within a radius of thirty feet from the intersection of property lines at the corners of any street or highway intersection when any point on such obstruction within the said radius extends to a greater height than three feet above the nearest edge of the roadway of the abutting street. (b) The chief of police shall cause a notice to be served upon the owner or occupant of all property v.here violations of this section exist, to removc> such obstructior. ~+~ithin one wcel~c from the service of ~;uc:.i ~:~~;~.:. . (c) If the obstruction is not removed, or its removal is not commenced and diligently prosecuted within the given time, the chief of police shall forthwith notify the county engineer of the department of public works of said obstr-uction and it shall be the duty of the department of public works to remove said obstructions, All costs, sustained or incurred in the course of so removing the obstruction shall be paid by the owner, lessee, or the person in control of the obstruc- tion, and the County may institute action to recover the costs and expenses for the removal o:E same, SECTION 116. Obstruction of visibility of traffic sign or signal. No person shall hang, suspend, place or construct any awning, frame, balcony, cornice, or any other projection, so as to obstruct the visibility of any traffic sign or signal placed or erected as authorized or required by law, SUCTION 117, Putting glass, etc., on a highway. (a) No person shall throev or deposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle on a highway. (b) Any person who drops, or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be moved. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. -~2 O.d. 11 e. ~ °~ c .w J. --_-_-_.-._.--._ M. B. No. - - --° - - -- °----- SECTION 118. Spilling loads on highways prohibited. other users of the highway. (a) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (b) No person shall operate on any highway any vehicle with any load unless said load and covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to SECTION 119. Improper use of roads. It shall be unlawful to operate~5ny vehicle upon any street or highway in such a manner that the parts of the vehicle, or the load carried thereon, shall damage the road. For the purpose of this section, "llamage to the road" shall be defined as such effect on the road or structures as will impair the riding qualities of the road, or require repairs in order that the anticipated life of the road or structure may not be decreased. The owner of any vehicle causing damage to a public highway shall be held responsible for all costs in restoring said highway to its conditions prior to the damage. SECTION 119.01. Trucks and Busses, restricted use of- certain highways. It shall be unlawful for any person operating a truck over three-quarter ton capacity or any bus to descend Pakalana Street in Honokaa between Lehua Street and Kukui Street. SUCTION 120. Use of loud speaker or megaphone on moving vehicles prohibited. (b) The provisions of this section shall not apply to the driver of an authorized emergency vehicle operating during an emergency, or to a police officer in the performance of his duty, or to any passenger of a vehicle other than the driver thereof. Emergency vehicles when operating under the exceptions specified in this section, shall drive at all times with due caution and care with respect to the safety of others. (a) No operator of a motor vehicle shall operate, manipulate, or use a loud speaker or megaphone when said vehicle is in motion. SECTION 121. ilisplay of warning devices when vehicle is disabled. ~ -53- Ocd. No. ._-~- ~--'------'---- Piles Y ~. ... M. 13. 1Qo. Date:..._... (a) Whenever any motor truck, truck tractor, trailer, semi-trailer, or a pole trailer is disabled upon the traveled portion of any unlighted highway or the shoulder thereof at any time when lighted lamps are required on vehicles, the driver of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway, except as provided otherwise: 1. A lighted fusee shall be immediately placed on the roadway at the traffic side of the motor vehicle unless lantems are displayed. 1. Within the burning period of the fusee and as promptly as possible three lighted flares (not torches) or three lanters shall be placed on the roadway as follows: One at a distance of approximately one hundred feet in advance of the vehicle; one at a distance of approximately one hundred feet to the rear of the vehicle; each in the center of the lane of traffic occupied by the disabled vehicle; and one at the traffic side of the vehicle approximately ten feet rearward or forward thereof. (b) Whenever any vehicle used in the transportation of inflammable liquids in bulk or in the transportation of compressed inflammable gasses is disabled upon a highway at any time or place mentioned in subparagraph (a) of this section, the driver of such vehicle shall display upon the roadway the following lighted warning devices: 1. One red lantern shall be immediately placed on the roadway at the traffic side of the vehicle and two other red lanterns shall be placed to the front and rear, respectively, of the vehicle in the manner prescribed in sub-section (a-2). When a vehicle of the type specified in this paragraph is disabled, the use of flares, fussees, or any signal produced by flame as warning devices is prohibited. (c) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof, at any time when the display of fusees, flares, or lanterns is not required, the driver of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle. (d) In the alternative, it shall be deemed a compliance with this section in the event three portable reflector units on standards of a type approved by the chief of police are displayed at the times and under the conditions specified in this section either during the daytime or at night time and such portable reflector units shall be placed on the roadway in the locations as described with reference to the placing of electric lanterns and lighted flares. -54- Ord. A*o. .- ~~- ---'--'----- File ti o. -'--~----~_ _________ ___-----... (e) The flares, fussees, lanterns, and flags to be displayed as required in this section shall conform with the requirements as hereinabove set forth. SECTION 122. Vehicles transporting explosives and flammable liquids. Any vehicle transporting any explosive or flammable liquids as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section. (a) Said vehicle shall be marked or placarded on each side and the rear. with the word "Explosives" or "Flammable Liquids," whichever applies, in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "Danger" in white letters six inches high. (b) Every said vehicle shall be equipped with not less than two fire extinguishers of a type approved by the fire chief of the County of Hawaii, filled and ready for immediate use and placed at a convenient point on the vehicle. SECTION 123. Liability for damage to highway or structure. (a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damages which said highway or structure may sustain as a result of any such operation, driving or moving of any vehicle, object, or contrivance, or as a result of operating, driving or moving any vehicle, object, or contrivance, weighing in excess of the maximum weights prescribed in Section 311-20, Revised Laws of Hawaii 1955, but authorized by a special permit, as by law provided. (b) Whenever such driver is not the owner of such vehicle object, or contrivance, but is so operating, driving, or moving the same with the express of implied permission of said owner, then the said owner and driver shall be jointly and severally liable for any such damage. (c) Such damage may be recovered in a civil action brought by the authority in control of such highway or highway structure. SECTION 124. Signals on starting, stopping, and turning. (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm, or signal lamp or lamps, or by a mechanical device of a type approved by the police department, but when a vehicle is so constructed or loaded that a hind and arm signal would not be visible both to the front and rear of such vehicle than said signals must be given by such lamp or lamps or mechanical signal device. ~~ -55- Ord. Igo. '.'-~' - ..'.'--.". File 2:0....-'-'----'--------'~--'--.... T..ro. __.___ __ __. (b) The and arm shall the following follows: signals herein required to be given by hand be given from the left side of the vehicle in manner, and such signals shall indicate as 1. Right turn. Left hand and forearm extended upward with an open palm facing forward and with the thumb side of the hand not less than six inches from the side of the vehicle. 2. Left turn. Left hand and arm extended horizontally. 3. Stop or decrease speed. Left. hand and forearm exten ded downward showing the palm of the hand to the r ear with the thumb side of the hand not less than six inches from the side of the vehicle. 4. Re-en tering lane of traffic from parked position. Hand and arm extended horizontally. (c) In a right-hand drive vehicle, the driver shall indicate his intention to turn to the left by extending his right hand and arm upward and beyond the right side of the vehicle; his intention to turn to the right by extending his right hand and arm horizontally from and beyond the right side of the vehicle; and his intention to stop or to suddenly decrease speed by extending his right hand and arm downward from and beyond the right side of the vehicle, showing the palm of the hand to the rear.. (d) No person shall stop or decrease the speed of a vehicle without first giving an appropriate signal for a distance of fifty feet in a business or residence district, and one hundred feet outside of said districts, in the manner hereinbefore provided to the driver of any vehicle to the rear. In the event such signal cannot be given for the said distances required, the driver shall signal as soon as possible until the stop has been made. (e) A signal of intention to turn right or left herein requi-red, whether given by hand-and-arm, signal lamp or lamps, or by a mechanical device shall be given continuously during the last fifty feet traveled by the vehicle before turning in a business or residence district, and one hundred feet outside of said districts. SECTION 125. Warning signs required for the protection of working-men on the highways. It shall be unlawful for any person or persons to work upon that portion of any highway devoted to vehicular traffic, or for any governmental department, corporation, firm, association, estate, or individual to permit any person or persons to so work, unless there shall be placed in the center of the highway, if work is done upon said highway, or on the side of the roadway, if work is done immediately adjacent to said roadway, suitable signs with black letters not less than four inches in height on a yellow field carrying the warning, "Men at work," and having attached O,d- t; v. .___~~-------..-. _56_ Fila lw• -----..---.._------------- n..eR• - ---...---- - ...._-......... thereto one or more red flags ten inches wide by twelve inches long, such signs to be placed no less than two hundred feet nor more than six hundred feet on both approaches from the place where any such person or persons is so working; provided, however, that between one-half hour after sunset and one-half hour before sunrise, there shall be required on any such sign a red lantern or lanterns, properly lighted in lieu of a red flag or flags. SECTION 125.01. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on any side available to moving traffic unless and until it is reasonably safe to do sb, nor shall any person leave a door open on any side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. SECTION 125.02. Coasting prohibited. The driver of any motor vehicle, when traveling upon a downgrade, shall not coast with the gears of such vehicles in neutral or with the clutch disengaged. SECTION 125.03. Unlawful leading of animals. It shall be unlawful to lead or pull any animal from any vehicle upon the roadway. PENALTIES, ETC. SECTION 126. Operator's license suspended. Any person arrested for violation of this ordinance who offers as a defense ignorance of the terms of this ordinance shall have his operator's license suspended until he shall have passed a satisfactory examination showing a proper knowledge of the provisions of this ordinance, such examination to be conducted under the jurisdiction of the Examiner of Chauffeurs Licenses. Each time that a person is convicted for the violation of this ordinance, his license shall be marked and upon the third conviction for the violation of this ordinance, his license may, in the discretion of the court, be suspended for such time as the court sees fit, in addition to any other punishment provided for by this ordinance. SECTION 127. Offenses under former ordinances saved. Nothing contained in any provision of this ordinance shall apply to an act done or omitted, or to an offense committed at any time before the enactment of this ordinance. Such act or omission shall be governed by, and any such offense shall be punished according to the provisions of the ordinances existing when such act, omission or offense, occurred in the same manner as if this ordinance had not been enacted. -57- vs Oid. No. .. _... _. ._...._. File tio..-'-----'-----'---`-..._.. M. 8. No... ---°- -..... ~- .. Daie:.._..____ SECTION 128. Disposition of fines and forfeitures. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shall be paid in to the county treasurer and dei>osited in the General Fund of the County of Hawaii. SECTION 129. Interpretation. Uiherever consistent with the context of this ordinance, words in the present, past or future shall be construed to be interchangeable with and to include such other respective tenses; and words in the masculine, feminine or neuter genders shall be construed to be interchangeable with and to include such respective other genders; and words in the singular shall be construed to include the plural; and words in the plural to include the singular and each shall be construed to be interchangeable with the other. SECTION 130. Penalties. Any person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than five hundred dollars, except as otherwise provided herein. SECTION 131. Kepeal of prior ordinance, preservation of rights and liabilities, construction of revised ordinance. a. Kepeal of prior ordinance; what not repealed. Ordinance No. 89 of the County of Hawaii 1949, as amended, and all other ordinances in conflict herewith are hereby repealed, and so much of said ordinances as are applicable or correspond hereto shall be in force in lieu hereof; provided, however, that said~repea]. shall not apply to or affect the following, except to the extent that the same heretofore have been superseded or repealed, to wit: 1. Any ordinance or part thereof of which no part is embraced in the said ordinance. 2. Any provision of a temp©rary nature the function of which has not been fulfilled. b. Preservation of rights and liabilities. Said repeal shall not affect any act done, ratified or confirmed, or any right accruing or accrued or established, or any action, suit or proceeding had or commenced in any civil cause, prior to said repeal, but all rights and liabilities under any ordinance embraced in the said ordinance or so repealed shall continue, and may be enforced in the same manner and with the same effect as if said repeal had not been made. -58- L_ Ord. Ne. .-...-~"~----.....-.... M. B. I4 o. . ---'__...._ - - .. Date: .,-..-,...r.._._,_a_~ywween~. _.-.-.~wp. .. s. ,.. ,w,y., c. Construction of Revised Ordinances. Provisions in said ordinance shall be construed as continuations or amendments of applicable or corresponding provisions of previously existing laws and not as new enactments. In case of a conflict between said and other ordinances, or in case of latent and patent ambiguity or obvious clerical error in said ordinance, reference may be made to the previously existing ordinances for the purpose of applying the rules of construction relating to repeal by implication or for the purpose of resolving the ambiguity or correcting the error. -59-