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Home My WebLink AboutORD 1985-055 1984-1988BILL NO. 53 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 85 5 5 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, DIVISION 6, SECTIONS 24-241, 24-242, 24-244, AND 24-245, HAWAII COUNTY CODE 1983, RELATING TO PARKING PERMITS FOR DISABLED PERSONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 24, article 8, division 6, section 24-241, Hawaii County Code, is amended to read as follows: "Section 24-241. Definitions. (a) 'Disabled person' means any person [who has suffered the complete loss of use of one or both of his hands, feet or legs, or who has had one or both hands, feet or legs amputated, if such condition has affected the person's mobility as evidence by a certification of a licensed practicing physician, either in private practice or with a governmental agency. It shall also include any person possessing serious permanent physical or mental disability or incapacity which requires the use of a wheelchair and/or the services and attention of a spouse or attendant, on a full-time basis, as evidenced by a certification of a licensed practicing physician, eithez in private practice or with a governmental agency. (1981, Ord. No. 736, sec. 1.)]_ (1) Who has lost the use of one or both lower extremities; (2) Who is severely disabled as to require the use of a mechanical device, including a wheelchair, a walker, crutches, or a brace to aid mobility; (3) Who is restricted by a lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the person's arterial oxygen tension (PO2) is less than 60 mm/~ on room air at rest; (4) Who has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; or (5) Who has a diagnosed disease or disorder, including a severe arthritic, neurological, or orthopedic impairment, which creates a severe mobility limitation. (b) As used in this division, 'special parking placards' or 'placards' refer to County-issued permits granting special parking privileges to qualified disabled persons." SECTION 2. Chapter 24, article 8, division 6, section 24-242, is amended to read as follows: "Section 24-242. Department of finance to issue [permits] placards. [(a) In order to come under the provisions of this division, the director, department of finance, must certify and properly identify such person as being disabled within the meaning of this division.] (a) The director of finance is hereby authorized to issue placards to disabled persons as defined herein after certifying and identifying such persons. -2- (b) The director of finance is hereby authorized to implement procedures for such certification and identification of disabled persons within the meaning of this division[.] and is further authorized to implement procedures relating to the application, issuance, renewal, and display of placards. (c) The director of finance (is authorized to issue identification cards to disabled persons as defined in this division.] shall issue 'permanent' placards which will remain valid for a period not to exceed three years and 'temporary' placards which will remain valid for a period not to exceed six months. [(d) The director of finance is further authorized to issue parking permits for disabled persons for display as described in this division. (1981, Ord. No. 736, sec. 1.)] (d) In accordance with law and all provisions of this division, only motor vehicles displaying such placards shall be permitted to park in any parking space within County jurisdiction which has been designated for the use of disabled persons e) The director of finance shall issue placards to a person applying for same who was duly authorized to possess and use a special parking permit for disabled persons in the County of Hawaii as of December 31, 1984." SECTION 3. Chapter 24, article 8, division 6, section 24-244, Hawaii County Code, is amended to read as follows: "Section 24-244. Responsibilities of special [permit] placard holders. -3- (a) Notwithstanding any provision of this traffic code relating to the parking of motor vehicles, only a motor vehicle either operated by a disabled person or [by the spouse or attendant of] being used to transport such disabled person [when transporting said disabled person] shall be entitled to park in the parking stalls designated by the chief engineer as stalls for disabled persons provided that the following requirements ace complied with: [(1) Such disabled person shall carry on his person, for exhibition to any police officer upon request, a card issued by the director, department of finance, properly identifying such disabled person and bearing a certification by the director, department of finance, that such person has qualified as a disabled person within the meaning of this division.] [(2)) (1) [A] The parking [permit for disabled persons, hereinafter to be referred to as 'special parking permit,' issued by the director, department of finance,] placard, while within the vehicle transporting said disabled person, shall be prominently displayed[, subject to an exception indicated hereinbelow, on the inside of the vehicle on the lower left-hand corner of the windshield by such duly licensed disabled person at all times when so parked or standing as above permitted. For disabled persons falling within the category of being wheel-chaired bound or requiring the services of a spouse or attendant and being ineligible or unqualified to obtain a driver's license, the -4- special parking permit shall only be displayed on the inside of the vehicle on the right-hand corner of the windshield at times when the vehicle is being used to transport the disabled persons. The special parking permit shall be kept concealed from view at all other times.] on the dashboard or visor, so as to be clearly visible through the front windshield. [(3) The special parking permit and the identification card shall be subject to reapplication and review of the director, department of finance, every three years. The reapplication requirements shall be identical to that governing the initial application for the special parking permit and identification card.] (2) Upon request, a disabled person benefiting by the use of the placard shall exhibit to any police officer an identification card issued by the director of finance certifying that such person is entitled to the privileges of this divisi (3) Disabled persons entitled to these privileges shall notify the department of finance within seven days as to the 1 or theft of a placard. [(4) Violation or non-compliance by such disabled person of any requirement, condition or limitation above set forth shall constitute sufficient grounds for the immediate suspension of such parking privileges by the director, department of finance, for a period not exceeding six months or for the revocation by the director, department of finance, of all privileges herein granted -5- to such disabled persons for a (1981, Ord. No. 736, sec. 1.)] (4) Disabled persons sha or identification cards beyond shall comply with all renewal director of finance. period of not less than one year. 11 not display or use the placards the stated expiration dates and procedures implemented by the (5) Use of the placards does not relieve any user of compliance with traffic and parking regulations as provided by law or of the responsibility for paying parking fees when required." SECTION 4. Chapter 24, article 8, division 6, section 24-245, Hawaii County Code, is amended to read as follows: "Section 24-245. [Penalty for violation. Any vehicle parked in a specially designated parking stall without complying with the requirements of this division, will be towed away at the owner's expense. In addition, any person parking in the specially designated parking stalls in violation of this division, if convicted, shall be punished by a fine of not more than $500. (1981, Ord. No. 736, sec. 1.)] Penalties for violations. (a) Non-compliance with any provisions of this division by acard holders shall constitute sufficient grounds for the immediate suspension of special parking privileges, for a period not exceeding six months, or for the revocation of all privileges herein granted, for a period of not less than one year, subject to the determination of the director of finance -6- (b) Any vehicle parking in or obstructing a stall designated for disabled persons without complying with the requirements of this division will be towed away at the owner's expense. (c) Any person convicted of parking a vehicle in or obstructin a stall designated for disabled persons without complying with the requirements of this division shall be punished by a fine of not more than $500." SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ COUNCIL MEMBER, COUNTY OF HAWAII / Hilo, Hawaii Date of Introduction: June 5, 1985 Date of 1st Reading: June 5, 1985 Date of 2nd Reading: June 19, 1985 Effec tive Date: June 26, 1985 -7-