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Home My WebLink AboutRES 311 Draft 01 1976-1980County of Hawaii—State of Hawaii Resolution No. WHEREAS, the school year 1978-1979 is about to commence and parents have expressed their concerns regarding the safety of their children in crossing the highways and streets as they go to and from the school bus; and WHEREAS, it has been suggested that the flashing red signals be imposed upon all school bus drivers as they receive and discharge students on all roadways of the Big Island; and WHEREAS, a review of the Hawaii County Codes have revealed the following: 1. Chapter 5 Article 4 Sec. 3.12, Hawaii County Code: OPERATION OF BUSSES AND RESPONSIBILITY OF DRIVERS "Whenever a school bus stops to discharge pupils who must cross the street or highway in order to reach their destination, such pupils must cross the street or highway in front of the bus, except that when it is not practicable to cross the street or highway in front of the bus, pupils may be permitted to cross behind the bus. In either case, the bus shall not be moved from such point until all pupils have crossed the street or highway. In either case, also, it shall be the responsibility of the driver to see that pupils do not cross the street or highway until they may safely do so." 2. Chapter 5 Article 4 Sec. 5, Hawaii County Code: PF.NAT.TTF.0 "Any person convicted of a violation of any provision of this Article shall, in addition to the penalties provided by contract, be punished by a fine of not more than Five Hundred Dollars ($500.00)." 3. Chapter 6 Article 7 Sec. 2, Hawaii County Code: OVERTAKING AND PASSING SCHOOL BUS "A. The driver of any vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children and displays a flashing red signal meeting the requirements of Section 20 of Article 18 hereof, shall bring such vehicle to a stop before passing the school bus and shall not proceed past the school bus until the red flashing signal ceases operation." 4. Hawaii County Ordinance No. 221 AMENDING CHAPTER 6, ARTICLE 7, SECTION 2 OF THE HAWAII COUNTY CODE, RELATING TO OVERTAKING AND PASSING SCHOOL BUSES. (Attached) n 5. Chapter 6 Article 20 Sec. 3, Hawaii County Code: PENALTIES "Unless otherwise provided for elsewhere in this code, any person convicted of a violation of any section or provision of this code shall be punished by a fine of not more than One Hundred Dollars ($D00) or five (5) days' imprisonment for the first conviction; not more than Two Hundred Dollars ($200) and/or ten (10) days' imprisonment for the second conviction of a second offense committed within one (1) year after the date of the first offense; not more than Five Hundred Dollars ($500) and/or thirty (30) days' imprisonment for the third or subsequent conviction of a third or subsequent offense committed within one (1) year after the date of the first offense." WHEREAS, it is the sincere belief of the members of the Hawaii County Council thatthe Traffic Code of the Hawaii County Code and its subsequent amendments have been effectuated with good intentions for safety on the highways; and WHEREAS, the safety of our school children are of utmost importance to the members of the Hawaii County Council, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it recommends the following programs be initiated by those concerned; 1. The bus contractors must apprise their drivers of their responsibilities as spelled out by the Hawaii County Code. 2. All citizens be encouraged to report any school bus driver who is derelict in his/her responsibilities in providing for the safety of the school children, especially as they cross the streets and highways. 3. Department of Education provide school bus safety instructions for students stressing safe boarding and unloading practices and crossing of roadways. Also, both parents and teachers be encouraged to incorporate pedestrian safety classes in the preparation of the upcoming school year. (STOP, LOOK AND LISTEN) 4. The Hawaii County Police Department be directed to strictly enforce all provisions of Chapter 5 Article 4 School Buses, Hawaii County Code. Further, the Department promote pedestrian safety in their community relations programs, especially during the first few weeks of school. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Mayor of the County of Hawaii; the Chief of Police; the District Superintendent, Department of Education; the President of the Big Island School Bus Association; all Parent-Teachers'Associations; all principals of elementary and secondary schools; and Mrs. Kris Smith. y... RESOLUTION NO. ` - 311. Dated at Hilo, Hawaii, this 9th day of September, 1978. INTRODUCED BY: COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on September 9 1978 ..... ....f------- ATTEST: .. f ------- ATTEST: JIRYR. B. LEGASP TEPHEN K. ASH COUNTY CLERK Chairman & Prei§ ding` Officer ROLL CALL VOTE AYES NOES A/E Dahlberg x Domingo x Fujii x Garcia x Kawahara x _Lai x Sameshima x Tajiri x Chr. Yamashita x Reference:...... _. _........... M.B. No. _......... RESOLUTION NO. _... 9 ............... ...... ........... ........... ....._........ ...._.........__...._...... V Bill No. STATE OF IIAWAII - COUNTY,OF HAWAII ORDINANCE NO. 237 AN ORDINANCE ATTENDING CI'APTER 6, ARTICLE 7, SECTION 2 OF THE HAWAII COUNTY -CODE, RELATING TO OVERTAKING AND PASSING SCHOOL BUSES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF IIAWAII: SECTION 1. Chapter 6, Article 7, Section 2, Subsection B is repealed and a new Subsection B added: "B. It shall be the responsibility of the driver of every school bus, used for the transportation of school children, to activate said flashing red signal continuously while stopped on a highway outside of a business or residence district, for the purpose of receiving or discharging school children." SECTION 2. Because of peculiar road conditions in the Kona district, such as narrow shoulders along the roadway, and the unusually hilly and winding roads which allow short. sight distances, there is increased danger for school children attempting to cross the road before embarking or disembarking from a school bus. Therefore, a new paragraph is added to Chapter 6, Article 7, Section 2B which shall read: "While stopped within a business or residence district for the purpose of receiving or discharging school children, bus drivers shall not activate said 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 said flashing red signal when both of the following conditions exist: 1. There is a need for children to cross the road. 2. One or a combination of the following conditions endangers the safety of school children attempting to cross the road: t , (a) The existence of a narrow shoulder along the driver's right hand side of the roadway. (b) The volume of traffic along the roadway. (c) The speed limit along the roadway. (d) The roadway near the bus stop is a hilly or winding roadway. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: Date of Introduction: August 4, 1976 Date of Adoption: August 18, 1976 Effective Date: August 27, 1976 -2- 1 1