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~~.~` `~` COUI?li'Y OF Hll?TAII - STATE OF HAlIItI I
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AId ORDINANCE REQUIi?1AIG TI-i/l`i' i'. PERT:II l' I3;s GBTAINED BEFOP.E AIQY PUBLIC
HIGH[TAY, STREET', THOROUGHF1L2r,, t~.LLEY OR SIDEi7ALK OR ANY OTHER PUBLIC
PLACE IN THE CCiUNTY OF I1AilAT-C IS nUG ?;P OR DISTURBED; PRESCRIBING
THE REQUIREb1ENTS TO OB'1'F IN SUCH PER1iI`1' ADTD THE .DUTIES AND OBLIGATIONS
OF ANY PERP~IIT HOLDER • PROVIDING FOit THE CHARGIAIG OF FEES FOR SUCH
PERI.IITS; AND PRESCRiBID;G PENALTIES FOR VIOLATIONS,
BE IT ORDAINED 3Y TFIE BOAi.D OF SUPE2VISORS OF THE COUNTY OF HA[fAII:
SECTION 1, Permit to dig up
defined by Section 1-24, Revised L
manner or for any purpose, break u
dig under or cause to be broken u~
or dug under, any public highway,
other public place in the County o
obtained a written permit therefor
authorized representative.
streets, etc, No person, as
avrs of Hawaii 1955, shall, in any
p, dig up, disturb, undermine or
dug up, disturbed, undermined
street, alley, sidewalk or any
f Hawaii without having first
from the Chief Engineer or his
Any person desiring the permit required in this Ordinance shall
make application therefor to the Chief- Engineer on a form prescribed
by said Engineer. Said Engineer may prescribe i_n said permit the
place where the work is to be done, Such permit: shall be issued
upon the condition, and any applicant securing t: he issuance of a
permit shall be deemed to have thereby undertal~e:n, that he will
restore or replace the public highoray, street, alley, sidewalk or
other public place broken up, dug up, disturbed, undermined or dug
under, in as good condition as it was when the pennit was issued.
SECTION 2, Perfonnan ce Bond. The Chief Engineer may require
that prior to the issuance of a permit the applicant shall give a
bond in favor of the Co~inty, vrhich shall be a cash bond, surety
company bond, or personal surety bond as the Chief Engineer may
require, and shat] be in double the estimated amount of the cost of
restoring or replacing the public highway, street, alley, sidewalk
or other rublic place in as good a condition as when the permission
was granted,
SECTION 3, Specifications for Restoration or Replacement,
Standard specifications outlining procedures to be followed in the
restoration or repl~lcement of the public highway, street, alley,
sidewalk or any other public place shall be prescribed by the
Chief Engineer, and a copy thereof shall be kept on file in his
office; a copy thereof a]so shall be furnished to each applicant
for a permit requosting the sau.e.
SECTION 4, Fees, The applicant for the aforementioned permit
shall be required to pay, at the iirne of making application, a fee
of twenty-five cents per l:i.neal foot f-or the first fifty feet or
less and two and one-half cents per lineal foot for all in excess
of fifty feet of opening ±hat is to cut into any public highway,
street, alley sidewali~ or airy oi:her public place, but no fee shall
be less than seven and one-half dollars; provided, however, that
such fee requ,rement shall not apply in any case where under the
Constitution or laws of thc.~ Uniteei States such fee cannot legally
be imposed; and provided, urther, ±hat no fee shall be required
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where the only work involved is the setting of oles and guys to
carry overhead wires. If the application is not approved, the fee
shall be returned to the applicant,
SECTION 5. Indemnification of County, The holder of a permit
as required by Section 1 shall. indemnify and save harmless the
County of Hawaii, the officers and -agents thereof, from all claims,
demands, suits, ac±io_is or proceedings o.f every name, character and
description which. may L-e brought against the County for or on
account of any injures or damages to any person or property received
or sustained by any person by or in consequence of any act or acts
of the holder of said permit on work done under the permit,
The holder of- a permit while making repairs shall use every
precaution as to barricades, lights and watchmen for the safety of
the public, and said holder shall be liable for accidents, should
any occur,
SECTION 6, Penalty, If any person who shall have obtained a
permit pursuant to this Ordinance shall fail to restore or replace
the public highway, street, alley, sidewalk or any other public
place as herein provided, he shall be liable to a penalty of not
less than Five Dollars, nor more than Twenty-five Dollars, for
every twenty-four hours that the default shall continue, and the
said Chief Engineer may restore or replace the same at the expense
of such person, and such person shall be liable :For such cost in
addition to the penalty for delay,
SECTION 7. Severability, If any section, sentence, clause or
phrase of this Ordinance, or its application to any person or
circumstances, is for any reason held to be unconstitutional or
invalid, the remaining portions of this OrdinancE;, or the application
of this Ordinance to other persons or circumstan<:es, shall not be
affected, The Board of Supervisors hereby declares that it would
have passed this Ordinance, and each section, sentence, clause or
phrase thereof, irrespective of the fact that any one or more other
sections, sentences, clauses or phrases be declared unconstitutional
or invalid,
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