HomeMy WebLinkAboutORD 1989-049 1988-19924:rY Gf N�, 'jS
COUNTY OF HAWAISTATE OF HAWAII
Bill No. 48
ORDINANCE NO.
WM
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 1, OF THE HAWAII COUNTY
CODE 1983, RELATING TO ENCROACHMENT, OBSTRUCTIONS, AND USES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 22, article 1, division 1, section 22 -1,
of the Hawaii County Code 1983, relating to encroachment,
obstructions, and uses, is amended to read as follows:
"Section 22 -1. Definitions.
(a) As used in this article:
(1) 'Encroachment' means any hedge, shrubbery,
crop, fence, flume, tree or other similar object which exist in,
under or over the highway excepting that which has a clearance of
[thirteen] fourteen feet above the surface of the highway, or any
railway bridge.
(2) 'Obstruction' means any hedge, shrubbery,
grass, weeds, crop, fence, tree or other similar object,
maintained or permitted within the area between a chord of an arc
with a radius of thirty feet from the intersection of property
lines at the corners of any street or highway intersection and the
property lines thereof, when any point of such obstruction within
the area extends to a greater height than three feet above the
nearest edge of the roadway of the abutting street is an
obstruction at intersection, excepting any tree, the foliage of
which is trimmed to a greater height than seven feet.
(3) 'Street or highway' means the entire width
between property lines of every way or place of whatever nature
when any part thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular traffic."
SECTION 2. Chapter 22, article 1, division 1, section 22 -8,
of the Hawaii County Code 1983, relating to encroachment,
obstructions, and uses, is amended to read as follows:
"Section 22 -8. Obstruction of intersection.
(a) No hedge, shrubbery, fence, or similar
obstruction shall be permitted within the area between a chord of
an arc with a radius of thirty feet from the intersection of
property lines at the corners of any street or highway
intersection when any part of the obstruction within the radius
extends to a height greater than three feet above the nearest edge
of the roadway of the abutting street."
SECTION 3. Material to be deleted 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
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provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
AL 1
NCIL MEM$ER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
March
1,
1989
Date of 1st Reading:
March
1,
1989
Date of 2nd Reading:
March
15,
1989
Effective Date:
March
21,
1989
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