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HomeMy WebLinkAboutCOM 0356.005 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona September 28, 2011 TO: FROM: SUBJECT: Phone: Fax: E -Mail: HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 Dominic Yagong, Chairperson, and Members of the Hawai`i County Council renda J. Ford, Council Member '/ (808) 323-4277 (808) 329 -,4786 bford @co.hawJ hi.us crD rn -ta ND Proposed Amendments to Bill No. 98, Draft 2; An Ordinance Amending Chapter 24, Article 2, Section 24 -12 Of The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating To Vehicles And Traffic. Please see attached proposed amendments to Bill No. 98, Draft 2. The proposed amendment adds language to the purpose and names the collective violations in subsection (b) as "Aliyah's Law ", adds the word "while" in appropriate sentences, and corrects the HRS code reference in Section 24 -12 (b)(6) to HRS 291E -64. 1. The Purpose section of Bill No. 98, Draft 2 is amended to read: "SECTION 1. Purpose. The County of Hawai`i has the highest percentage of fatalities caused by drivers under the influence of alcohol in the State of Hawai`i and in the nation (U.S. Department of Transportation, 2009). Our residents and visitors who drive while under the influence of an intoxicant or continue to drive while under the influence of an intoxicant after being arrested one or more times need a more immediate form of enforcement to stop this dangerous and deadly habit. Immediate repercussions for violating these laws may instill a greater wariness about violating any of the seven laws listed in this ordinance. Hopefully, drivers who do not have a license or registration may choose to preemptively pay for those fees rather than have their vehicle towed and stored. Those individuals who refuse to comply with the laws and also refuse Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer Corm No. Ref. To: Ref. Date to pay for the towing and storage of their vehicle after violating the law will have their vehicle sold after 30 days of being given written notice by the tow company. The policy of the Police Department shall change regarding towing for driving while under the influence of an intoxicant and for the other six violations of law. Registered owners of such vehicles operated by violators shall be charged for towing and storage. The possibility that committing these violations may deprive the violator's family of the use of the towed vehicle may cause the potential violator to use other transportation means instead of an unregistered vehicle, driving without a license, or driving while under the influence of an intoxicant. This policy change will not cost the County any money since these vehicles will be impounded at private tow yards at the expense of the violators or registered owners who allow violators use their vehicles in an illegal manner. Furthermore, this ordinance may actually save the County untold expense. As we lower fatalities and crashes on our roadways, we also reduce the need for County employees on regular time and overtime to respond to these crashes. In crashes and crash fatalities, the County pays the first responders: Fire Fighters, EMS personnel, and Police Officers. The County pays the second responder which is the Department of Public Works - Traffic Division to clear the road. Thereafter, the County pays the Office of the Prosecutor to prosecute the case. Additionally, the County might be required to pay for medical expenses for the uninsured parties. These County expenses, potentially millions of dollars, will be reduced as the public becomes aware of our intolerance to driving while under the influence or any of the other violations in this ordinance. Finally and most importantly, we will save lives by reducing driving while under the influence of an intoxicant. In other states, laws have been enacted for victims of crime. This ordinance is named in memory of 17- month -old Aliyah Braden who was killed on May 23, 2009 by a driver who was driving while under the influence of an intoxicant. Collectively, any violations identified under subsection (b) shall be named "Aliyah's Law ". The effective date is six months from the date the [bill] ordinance is passed to allow the Police Department to negotiate new towing and storage contracts or to negotiate addendums to the existing towing and storage contracts. This period of time may be used for public service announcements regarding this policy change in the County. 2. Section 24 -12 of Bill No. 98, Draft 2 is amended to read: SECTION 2. Chapter 24, article 2, section 24 -12 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: 2 "Section 24 -12. Duty of police to enforce traffic laws. (a) It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce all street traffic laws of this County and all of the State vehicle laws applicable to street traffic in this County. (b) Any police officer citing or arresting any driver for the following traffic violations may have the motor vehicle towed to a private tow yard at the registered owner's expense pursuant to Hawai`i Revised Statutes ( "HRS ") 291C- 165.5(a): (1) Driving without a license pursuant to HRS 286 -102; (2) Driving while license is suspended or revoked pursuant to HRS 286 -132; (3) Operating a vehicle under the influence of an intoxicant pursuant to 291E- 61 (4) Habitually operating a vehicle under the influence of an intoxicant pursuant to HRS 291E -61.5; (5) Operating a vehicle after license and privilege has been suspended or revoked for operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-62; (6) Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty -one pursuant to HRS 291&[ 65 ] 64 or (7) Fraudulent use plates, tags, or emblems pursuant to HRS 249 -11. (c) Pursuant to HRS section 291C- 165.5(b), tow companies shall give notice to the registered owners and lien holders for vehicles towed under this section. (d) Pursuant to HRS section 291C- 165.5(b), any motor vehicle not recovered within 30 days of the notice being mailed for any violation of section (b) above, shall be deemed abandoned and may be sold or disposed of as junk. (e) The police department is not responsible to protect any vehicle left on any road or property after the driver has been arrested for a violation as provided in subsection (b)." A draft copy of Bill 98, Draft 3, is attached with the proposed amendments incorporated therein. BJF /dkr Att. 3 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 2, SECTION 24 -12 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The County of Hawai`i has the highest percentage of fatalities caused by drivers under the influence of alcohol in the State of Hawai`i and in the nation (U.S. Department of Transportation, 2009). Our residents and visitors who drive while under the influence of an intoxicant or continue to drive while under the influence of an intoxicant after being arrested one or more times need a more immediate form of enforcement to stop this dangerous and deadly habit. Immediate repercussions for violating these laws may instill a greater wariness about violating any of the seven laws listed in this ordinance. Hopefully, drivers who do not have a license or registration may choose to preemptively pay for those fees rather than have their vehicle towed and stored. Those individuals who refuse to comply with the laws and also refuse to pay for the towing and storage of their vehicle after violating the law will have their vehicle sold after 30 days of being given written notice by the tow company. The policy of the Police Department shall change regarding towing for driving while under the influence of an intoxicant and for the other six violations of law. Registered owners of such vehicles operated by violators shall be charged for towing and storage. The possibility that committing these violations may deprive the violator's family of the use of the towed vehicle may cause the potential violator to use other transportation means instead of an unregistered vehicle, driving without a license, or driving while under the influence of an intoxicant. This policy change will not cost the County any money since these vehicles will be impounded at private tow yards at the expense of the violators or registered owners who allow violators use their vehicles in an illegal manner. Furthermore, this ordinance may actually save the County untold expense. As we lower fatalities and crashes on our roadways, we also reduce the need for County employees on regular time and overtime to respond to these crashes. In crashes and crash fatalities, the County pays the first responders: Fire Fighters, EMS personnel, and Police Officers. The County pays the second responder which is the Department of Public Works - Traffic Division to clear the road. Thereafter, the County pays the Office of the Prosecutor to prosecute the case. Additionally, the County might be required to pay for medical expenses for the uninsured parties. These County expenses, potentially millions of dollars, will be reduced as the public becomes aware of our intolerance to driving while under the influence or any of the other violations in this ordinance. Finally and most importantly, we will save lives by reducing driving while under the influence of an intoxicant. In other states, laws have been enacted for victims of crime. This ordinance is named in memory of 17- month -old Aliyah Braden who was killed on May 23, 2009 by a driver who was driving while under the influence of an intoxicant. Collectively, any violations identified under subsection (b) shall be named "Aliyah's Law ". The effective date is six months from the date the ordinance is passed to allow the Police Department to negotiate new towing and storage contracts or to negotiate addendums to the existing towing and storage contracts. This period of time may be used for public service announcements regarding this policy change in the County. SECTION 2. Chapter 24, article 2, section 24 -12 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 24 -12. Duty of police to enforce traffic laws. (a) It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce all street traffic laws of this County and all of the State vehicle laws applicable to street traffic in this County. (b) Any police officer citing or arresting any driver for the following traffic violations may have the motor vehicle towed to a private tow yard at the registered owner's expense pursuant to Hawai`i Revised Statutes ( "HRS ") 291C- 165.5(a): (1) Driving without a license pursuant to HRS 286 -102; (2) Driving while license is suspended or revoked pursuant to HRS 286 -132; (3) Operating a vehicle under the influence of an intoxicant pursuant to 291E - 61 (4) Habitually operating a vehicle under the influence of an intoxicant pursuant to HRS 291E -61.5; (5) Operating a vehicle after license and privilege has been suspended or revoked for operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-62; (6) Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty -one pursuant to HRS 291 E -64; or (7) Fraudulent use plates, tags, or emblems pursuant to HRS 249 -11. Pursuant to HRS section 291C- 165.5(b), tow companies shall give notice to the registered owners and lien holders for vehicles towed under this section. Pursuant to HRS section 291C- 165.5(b), any motor vehicle not recovered within 30 days of the notice being mailed for any violation of section (b) above, shall be deemed abandoned and may be sold or disposed of as junk. (e) The police department is not responsible to protect any vehicle left on any road or property after the driver has been arrested for a violation as provided in subsection (b)." 2 SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does 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 to be severable. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 5. This ordinance shall take effect six months after its approval. 3