HomeMy WebLinkAboutORD 1994-101 1992-1994COUNTY OF HAWAII :STATE OF HAWAII
BILL NO. 28a t 2)
ORDINANCE NO. 94.101
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 8, OF THE HAWAII
COUNTY CODE 1983 RELATING TO ABANDONED VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The number of junked and abandoned
vehicles in this County has created a problem which the Council
has recently addressed by creating the "Vehicle Disposal Fund."
State law, in the absence of an ordinance, defines an abandoned
vehicle as one left unattended for more than twenty-four hours,
which is unlawfully parked on any public highway. The law,
however, specifically allows the Counties to enact their own
definitions to meet local conditions. Hawaii County has many
miles of private roadways which are regularly used by the public
and which are otherwise subject to traffic regulations. Many of
these roads are in remote areas, and become likely spots for the
abandonment of vehicles. It is the intent of this ordinance to
make the procedures applicable to abandoned vehicles uniform on
all streets, highways, or other thoroughfares, which are subject
to the Traffic Code.
SECTION 2
Section 24-199, Article 8 is amended to read as
follows:
Section 24-199. Abandoned vehicles, trailers and
equipment on wheels prohibited; disposition.
(a) No person shall abandon any vehicle, trailer or
equipment on wheels, whether operational or nonoperational,
on the public highway.
(b) For the purposes of this section, any vehicle, trailer
or equipment left unattended on any public or private street
or thoroughfare which is subject to this chanter for more
than twenty-four hours shall be deemed abandoned and may
immediately be taken into custody by the police department.
All such vehicles are declared to be public nuisances.
(c) Such vehicles, trailers or equipment on wheels shall be
disposed of as required by chapter 290, Hawaii Revised
Statutes, as amended.
(d) Where the registered owner of the abandoned vehicle,
trailer or equipment on wheels can be located, the
registered owner of such vehicle, trailer or equipment on
wheels shall be subject to a fine of $25 and all reasonable
expenses incurred by such removal.
SECTION 3. New material is undersco-red. In printing this
ordinance, the 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
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the invalid provision or applications, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon the first
day of the month following ninety days after enactment.
INTRODUCED BY:
COUNCIL MEMBER, COU Y OF HAWAII
Hilo, Hawaii
Date of Introduction: August 24, 1994
Date of 1st Reading: August 24, 1994
Date of 2nd Reading: September 7, 1994
Effective Date: January 1, 1995
~~P,C'iVED as to
F~~s~+3 and L~~IAL7'Pf
RPORATION COUNSEL
CGUNTY Of HAWAII
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OFFICE OF THE COUN'T'Y CLERK
County of Hawaii r ~< r-~, ~., i (_ "~
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Hilo ,Hawaii ~- ` _ ~
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS: Helene Hale
August 24, 1994
ugus ~~1 4~-
ugus ,
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS: September
September
September
January 1,
September 7, 1994
7, 1994
13, 1994
1995
19, 1994
94 SAP 13
x..910 13
.;T'( ~LEF'r;
G Q U (i I ,~ ~OLL CALL V~ OTE
AYES NOES ABS EX
ARAKAK[
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO
HALE X
BATH X
ROSEHILL X
SCHUTTE X
(DRAFT 2)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS X
DE LIMA
DOMINGO X
HALE X
RATH X
ROSEHILL X
SCHUTTE X
9
I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council and published as
indicated above.
APPROVED as fo
FORM and LEGALII
COUNTY OF HAWAII
Defe
A ro,vyed/ this ~~ da
ofp1G"~~d , 19 ~ Y
YOR C OF HAWAII
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COUNCIL CHAT
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Bi11No.: 281 (Dr. 2)
Reference: C - 117 S~ C - 12 8
Ord. No.: ~~ 1vi