HomeMy WebLinkAboutORD 1985-080 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 69
(Draft 3)
ORDINANCE 1`'O. 85 80
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 7, DIVISION 5,
SECTION 24-175, HAWAII COUNTY CODE 1983, RELATING TO OVERTAKING
AND PASSING SCHOOL BUSES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to amend the
existing provisions of the Hawaii County Code 1983 as it relates to
the use of flashing red signals and the overtaking and passing of
school buses. The Council finds that two standards presently
exist--one for Kona and the other for the rest of the island, and
believes, in the interest of safety, that a single standard should
prevail. This ordinance is adopted pursuant to Hawaii Revised
Statutes Section 291C-95, which empowers the County to designate the
location where the use of visual signals is required.
SECTION 2. Chapter 24. Article 7, Division 5, Section 24-175,
Hawaii County Code 1983, is amended to read as follows:
"Section 24-175. Overtaking and passing school bus.
(a) The driver of any vehicle upon meeting or overtaking from
either direction any school bus which has stopped for the purpose of
receiving or discharging any school children and displays [a
flashing] an alternating red signal meeting the requirements of
sections 24-69 through 24-74, shall bring such vehicle to a stop
before passing the school bus and shall not proceed past the school
bus until the red [flashing] alternating signal ceases operation.
(b) It shall be the responsibility of ±he driver of every
school bus, used for the transportation of school children, to
activate the [flashing] alternating red signal continuously while
stopped on a highway outside of a business or residence district,
for the purpose of receiving or discharging school children.
(c) While stopped within a business or residence district for
the purpose of receiviny or discharging school children, [bus
drivers shall not activate the flashing red signal, with the
exception that while stopped within a business or residence district
in North or South Kona for the purpose of receiving or discharging
school children,] bus drivers shall activate the [flashing]
alternating red signal when [both] either of the following
conditions exist:
(1) There is
[(2) One or a
the safety of scho~
(A) The
right hand side of
(B) The
(C) The
(D) The
roadway.]
(2) There
side o~the roa
a need for children to cross the road.
combination of the following conditions
~1 children attempting to cross the road:
existence of a narrow shoulder along the
the roadway.
volume of traffic along the roadway.
speed limit along the roadway.
roadway near the bus stop is a hilly or
is a narrow
endangers
driver's
winding
along the driver's right hand
[(c)] (d) The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or passing a school bus which is
upon the other roadway.
[(d)] (e) Every school 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 eight inches in height and in strokes not less than one-half
inch in width, and the words 'Stop On [Flashing] Alternating Red
Light' in letters not less than six inches in height and in strokes
of not less than one-half inch in width."
SECTION 3. 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 4. 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 5
Hilo, Hawaii
This ordinance
Date of Introduction: August 7, 1985
Date of 1st Reading: August 7, 1985
Date of 2nd Reading: October 2, 1985
Effective Date: January 1, 1986
1, 1986.
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