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Home My WebLink AboutORD 1971-394BILL N0. 784 (Revised) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. ~~~ AN ORDINANCE REGULATING THE USE AND OPERATION OF GOLF CARTS AND GOLF COURSE MAINTENANCE VEHICLES UPON PUBLIC RIGHTS-OF-WAY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Definitions. (a) "County" means the County of Hawaii. (b) "Golf cart" means a vehicle designed or used primarily for the transporting of persons and golfing equipment upon a golf course. (c) "Golf course maintenance vehicle" means a vehicle designed and adapted exclusively for agricultural or lawn maintenance purposes, not subject to registration if used upon the public right-of-way, which is used or operated for the maintenance of a golf course. (d) "Golf cart crossing" means that part of the route of the golf cart pathway which intersects the public right- of-way. (e) "Public right-of-way" means any public street, highway, sidewalk, bridge, alley, road, square, or land owned or maintained by County. SECTION 2. Prohibition. No person shall use or operate a golf cart of golf course maintenance vehicle on, upon or across a public right-of-way except as hereinafter provided. SECTION 3. Restrictions. No golf cart or golf course maintenance vehicle shall be driven upon any public right-of-way: (a) except to cross the public right-of-way at established golf cart crossings; (b) by any person whose age is less than thirteen (13) years, provided, in addition to this restriction, that the owner or operator of the golf course shall be responsible for the capability of the driver permitted to operate a golf cart or golf course maintenance vehicle; (c) after sunset and before sunrise; (d) carrying more persons than the seating capacity of the golf cart or golf course maintenance vehicle. SECTION 4. Conditions of Golf Cart GrO85inRS. Each golf cart crossing shall: (a) be posted with a sign located not more than twenty (20) feet from the public right-of-way with lettering not less than three (3) inches high and shall read: STOP - YOU WILL CROSS A PUBLIC HIGHWAY - PROCEED WITH CAUTION; (b) approach the public right-of-way at right angle; (c) have sufficient sight distance in both directions of the public right-of-way to permit the golf cart or golf course maintenance vehicle to cross with safety. SECTION 5• Non-Responsibility of County. Neither the County of Hawaii nor any department, board, or employee thereof shall be held liable or damage, injury, or death resulting from the course plan or inspection of any work made of the County. SECTION 6. Indemnification by Owner. commission, officer responsible for any approval of any golf ender any ordinance The owner or operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public right- of-way shall save harmless and indemnify the County of Hawaii for all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever, by reason of any injury to person or property, including damage to road -2- foundation, surface or structures, resulting from the operation of such vehicles upon the public right-of-way. The County shall notify such owner or operator or his representative within 60 days after the presentation of any claim or demand, either by suit or otherwise, made against the County on account of the operation of golf carts or golf course maintenance vehicles upon the public right-of-way. SECTION 7. Bond Requirements. The owner and operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public right-of-way shall file with the Department of Public Works of County a continuing bond in the penal sum of $300,000.00 issued by the said owner or operator and a surety company to be approved by the County Corporation Counsel and conditioned for the faithful observance of this ordinance and any and all amendments thereto, which shall indemnify and save harmless County from any and all damages, judgments, costs or expenses which County may incur or suffer by reason of the operation or use of such vehicles upon the public right-of-way. A liability insurance policy issued by an insurance company authorized to do business in the State of Hawaii conforming to this section may be permitted in lieu of a bond. SECTION 8. Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $250.00. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as hereunder. -3- SECTION 9. Application. This ordinance is not to be construed to mean that the County of Hawaii may not require golf course developers to build overpasses or underpasses across public rights-of-way. SECTION 10. Effective Date. This ordinance shall take effect 30 days after its approval. INTRODUCED BY: unci man, County~o await Hilo, Hawaii Date of Introduction: May 5, 1971 Date of Adoption: May 19, 1971 -4- Hilot Hawaii Date: Ma., 5_ 1971 FIRST READING AYES NOES A/E Car enter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 9 0 0 Hilor Hawaii Date: ,., ,.." SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi R 8 0 1 Publication Date: ~~r~: t` ~97~ Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. %fi'' i+Cu~ Council Chairman ~ ~ti //~~ ' , Deputy County Clerk - / ~~(Jr^ Approved/,Di~prrwed this-day of 19~. ;~~ '~ : ~ ~z-C~2 ~ ` !I'I'G ),Tayor, County of Hawaii Bill NL 784 Beference~ C-888.3~PWC-55 M. B. No I i~ 8~~ Ord. No Effective: June 24, 1971 BILL N0. 784 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE REGULATING THE USE AND OPERATION OF GOLF CARTS AND GOLF COURSE MAINTENANCE VEHICLES UPON PUBLIC RIGHTS-OF-WAY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Definitions. (a) "County" means the County of Hawaii. (b) "Golf cart" means a vehicle designed or used primarily for the transporting of persons and golfing equipment upon a golf course. (c) "Golf course maintenance vehicle" means a vehicle designed and adapted exclusively for agricultural or lawn maintenance purposes, not subject to registration if used upon the public right-of-way, which is used or operated for the maintenance of a golf course. (d) "Golf cart crossing" means that part of the route of the golf cart pathway which intersects the public right- of-way. (e) "Public right-of-way" means any public street, highway, sidewalk, bridge, alley, road, square, or land owned or maintained by County. SECTION 2. Prohibition. No person shall use or operate a golf cart or golf course maintenance vehicle on, upon or across a public right-of-way except as hereinafter provided. SECTION 3. Restrictions. No golf cart or golf course maintenance vehicle shall be driven upon any public right-of-way: (a) except to cross the public right-of-way at established golf cart crossings; (b) by any person whose age is less than thirteen (13) years; (c) after sunset and before sunrise; (d) carrying more than two (2) persons, provided, however, that as to golf course maintenance vehicles designed for a driver only, no other person may be carried. SECTION 4. Conditions of Golf Cart Crossings. Each golf cart crossing shall: (a) be posted with a sign located not more than twenty (20) feet from the public right-of-way with lettering not less than three (3) inches high and shall read: STOP - YOU WILL CROSS A PUBLIC HIGHWAY - PROCEED WITH CAUTION; (b) approach the public right-of-way at right angle; (c) have sufficient sight distance in both directions of the public right-of-way to permit the golf cart or golf course maintenance vehicle to cross with safety. SECTION 5. Non-Responsibility of County. Neither the County of Hawaii nor any department, board, commission, officer or employee thereof shall be held liable or responsible for any damage, injury, or death resulting from the approval of any golf course plan or inspection of any work made under any ordinance of the County. SECTION 6. Indemnification by Owner. The owner or operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public right- of-way shall save harmless and indemnify the County of Hawaii for all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever, by reason of any injury to person or property, including damage to road -2- nil l Lli~, ~4L - l~'t AN ORDINANCE REGLLATING TI[E USE AND OPEP.ATTON OF GOLF C.1RTS AND GOLF COLRSE MAIlITEFL~NCE VEHICLES tiPON PL'LLiC RIGR:TS-OF-':,:Y. This Bill provides to regulate the use and operation of golf tarts and golf course maintenance cehiclrs upon puhl is ri~~hts-of-way by seftiny forth the definitions, prohibition, restricti.ons, conditions cf golf cart eressings, non-responsibility of County, indemnification !~c owner, bond re,uirements, penaltirs, application and shall t.al:e effect 30 days after its approval, I!ate Introduced: May 5, 1.Q?1 Copies of the foregoing Bill., in full, are on file fn the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on May 5, 1971, by the following aye and no vote: _IYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, }iisaoka, Souza, Sadao, Yamada and Chairman Matayoshi. - 9. NnE~: None. r ,.: 1 . * ~. US[AN00N 'F GRT! AMD 001.8 MTNIANCA r[MICL05 U 0 R16MT5AF• wAr. Thb 01R~M0YgI5bY4R11N/M YMI wk.• apMMMIR aY SMT,uY4 0R~f AIR- aaurw ~~ ~ Ctf MY9N, n1WrNe~116 rM~AOnR~ 0NIIgM 1l05Y5MM M10}Mw51... +.~DNR RWeIS~W: AW L M01 ~ Mw MwNls AIR: M hR4 M M1. W LuL r~ ~I•~MR111511 ~~~~ CQi?NTY CLE°K COUNTY OF IiAlJ~1II TSMNI AwWI CADNTY;µEAK COUNTr~bCXAy/All IYM-N~wNI TFIWi-1NnW!~ AYY, 14. mv> ORDINANCE N0. 394 (Bill No. 784-1971) AN ORDINANCE REGULATING THE USE AND OPERATION OF GOLF CARTS AND GOLF COURSE MAINTENANCE VEHICLES UPON PUBLIC RIGHTS-OF-WAY. Date Approved: May 19, 1971 Date Effective: June 24, 1971 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on May 19, 1971, by the following aye and no vote: AYES: Councilmen De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8. NOES: None. ABSENT AND EXCUSED: Councilman Carpenter - 1. COUNTY CLERKCVI COUNTY OF HAWAII IaN , , mt GpWNTY C4eRK g4GirN'/. OF NAY f W-NeN~A. TnINM1wHMMO: June ], IAII Tadashi Suzuki COUNTY CLERK ^FFiCE OF THE COUNTY CLERK CCLJNTY ^F HAWAII HI~O, HAWAII 96720 Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No„ 784 passed by the County Council on second and final reading, ,~~ -.f~ ~~ ttif) ~~ ~'~~ ~; DEPUTY COUNTY CLERK ~ Encl, Datad: May 20, 1971