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Home My WebLink AboutORD 1988-168 1988-1992H'LO.' ~ '. ~p COUNTY OF HAWA~,~.~~$TATE OF HAWAII .n. . ~~ ; Bill No. s8~ (Draft 2) ORDINANCE NO. ~ ~'~ AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 1, SECTION 24-3; ARTICLE 2, SECTION 24-8(a); ARTICLE 8, DIVISION 1; AND ARTICLE 10 OF THE HAWAII COUNTY CODE 1983, RELATING TO TOW-AWAY ZONES, SPEED ZONES, PARKING METER ZONES, AND BUS STOPS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The council finds that the concern for public safety necessitates the regulation of traffic on streets and highways within the jurisdiction of the County. Tow-away zones, speed zones, bus stops, and parking meter zones are all integral to this traffic regulation scheme. Therefore, the purpose of this ordinance is to allow the council to create such zones of traffic regulation within the County. Furthermore, the ordinance sets forth specific procedures to be followed in the towing of vehicles. These procedures are intended to protect the interests of both the public and the vehicle owners. SECTION 2. Chapter 24, article 1, section 24-3, relating to definitions concerning vehicles and traffic is amended by adding a new item to be appropriately numbered and to read as follows: ^{ ) 'Tow or tow-away zone' means any street or highway or portion thereof designated by the County council by ordinance as a tow or tow-away zone whereon the parking, stooping or standing of vehicles is prohibited entirely or during specific hours." SECTION 3,. Chapter 24, article 2, section 24-8(a), is amended to read as follows: "Section 24-8. Council to exercise certain functions by ordinance. (a) The council shall by ordinance: (1) Determine and designate the type of all official traffic control devices; provided, such official control devices shall, with respect to size, shape and color, be uniform, shall correlate with and conform to, the system then current, as approved by the American Association of State Highway Officials. (2) Create, define, redefine, eliminate or change all speed zones. safety zones, quiet zones, crosswalks other than at intersections, freight and passenger loading and unloading zones, no-parking zones, time-limit parking zones, parking meter zones, tow or tow-away zones, bus stops, U-turn areas, prohibited U-turn areas, prohibited left and right turns, one-way streets, through streets, stop intersections, roadways closed to pedestrian traffic, and roadways closed to certain classes of vehicles." SECTION 4. Chapter 24, article 8, division 1, is amended by adding a new item to be appropriately numbered and to read as follows: "Section 24- Parking prohibited in tow or tow-away zones. (a) when official signs are erected designating a street or portion thereof as a tow or tow-away zone, no person shall stop, -2- stand or Dark a vehicle even momentarily between the hours indicated on such sign• provided however that stops may be made for the expeditious loading or unloading of freight in official loading and unloading zones• and provided further that buses may stop for the expeditious loading and unloading of passengers in official bus stops In no case shall the stop for the loading or unloading of freight exceed thirty minutes and for the loading and unloading of passengers exceed three minutes Provided however that when requested for noncommercial or nonbusiness purposes only the County council may by resolution suspend for a period of not more than one week any parking prohibition herein enacted. (b) The chief of police is hereby authorized to remove or pause to be removed a vehicle from a street or highway to a storage area or other place of safety under the provisions of this section The chief of police shall promulgate and adopt such rules and regulations as are necessary to carry out such removal and storage of vehicles pursuant to the enforcement of this section. (c) The County of Hawaii is hereby authorized to contract with another entity for the towing and storage of vehicles pursuant to this section and the rules and regulations promulgated and adopted pursuant to this section. (d) Whenever an officer of the police department removes or pauses to be removed a vehicle from a street as authorized herein and knows or is able to ascertain from the registration records in -3- the ahirla tha Hama and address of the owner thereof such officer shall immediately give or cause to be given notice to the police department dispatch office the fact of such removal and the reasons therefor and of the place to which such vehicle has been moved The police department shall notify the owner of said vehicle in writing of the removal and the whereabouts of said vehicle. (e) Whenever an officer of the police department removes or causes to be removed a vehicle from a street and does not know and is not able to ascertain the name of the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of three (3) days then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the County director of finance whose duty it is to register motor vehicles. Such report shall include a complete description of the vehicle, the date, time, and place from which removed the reasons for such removal and the name of the garage or place where the vehicle is stored. (f) The director of finance is hereby authorized and empowered to dispose of vehicles which have been taken into custody by the chief of police or his subordinates as prescribed herein Such disposition shall be at public auction under such procedure as the director of finance shall establish with the approval of the mayor and the County Council. Written notice of such auction shall be sent to the last known registered owner by -4- certified mail addressed to the owner's last known address at least 10 davs prior to the date of auction, and said auction shall be held not earlier than 60 davs after the date upon which such vehicle shall have been taken into custody. Anv person entitled to anv such vehicle may claim the same at anv time prior to such auction upon payment of all costs and expenses relating to the towing and storage of such vehicle as determined by the director of finance provided that such costs shall not exceed that established by State statutes. (g) In the event that no bid is received, the director of finance shall offer such vehicle to the department of public works automotive division for its use or for salvage; and in the event said division shall reject such offer the director of finance shall dispose of such vehicle at a County landfill at the expense of the County. Sh) The streets or portions thereof described in schedule ( ) section 24- are designated as tow or tow-away zones and appropriate signs or markings giving notice thereof shall be erected. (i) Anv vehicle which is parked unattended in the areas designated in schedule ( ) shall be towed from the area. The registered owner of said vehicle shall be subiect to all reasonable expenses incurred by such removal " SECTION 5. Chapter 24, article 10, is amended by adding a new item to be appropriately numbered and to read as follows: -5- "Section 24- Schedule ( ). Tow or tow-away zones. When official signs are erected 4ivina notice thereof no person shall stogy stand or park a vehicle upon the following streets or portions thereof between the hours specified (a) Puna (b) South Hilo (c) North Hilo (d) Hamakua (e) North Kohala (f) South Kohala (a) North Kona (1) Alapa Street Kona Industrial Subdivision from 2:00 - 5:00 a.m. (2) Eho Street Kona Industrial Subdivision, from 2:00 - 5:00 a.m. (~1 Kaiwi Street Kona Industrial Subdivision from 2:00 - 5:00 a.m. (4) Luhia Street Kona Industrial Subdivision from 2:00 - 5:00 a.m. (5) Pawai Place, Kona Industrial Subdivision, from 2:00 - 5:00 a. m., (h) South Kona (i) Kau" SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the -6- brackets, bracketed material, and underscoring need not be included. SECTION 7. If any provision of this ordinance or application thereof to any person or circumstance is-held to be 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 the ordinance are declared to be severable. SECTION 8 approval. This ordinance shall take effect upon its INTRODUCED BY: 4 /k/ COU IL MEMBER, COU Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: November 2, 1988 November 2, 1988 November 16, 1988 November 25, 1988 OF HAWAII -7-