HomeMy WebLinkAboutREP PWC 255 05/24/1988 1984-1988 .yam
• REPORT OF THE
CO`MMMITTEE ON PUBLIC WORKS
DATE: May 24 , 1988 Re : Comm. Nos . 1367 .7 &
PLACE : Councilroom ''1367 .8
TIME: 1 : 30 p.m .
Chairman and Members
Hawaii County Council
Hilo , Hawaii 96720
Your Committee on Public Works to which were referred Communication
No . 1367 .7 and Communication No . 1367 .8 and its attached
Bill No . 451 , Draft 4 , reports as follows:
Bill 451 , Draft 4 , proposes to amend Chapter 24 of the Hawaii County
Code 1983 by adding two new paragraphs to Article 1 , Section 24-3,
relating to definitions , and a new division relating to mopeds to
Article 7 . The purpose of the bill is to add definitions of "moped"
and "protective eyewear" to the Vehicles and Traffic Code and to
require the use of protective eyewear for any person operating a
moped in order to reduce accidents , personal injuries and property
damage .
Communication No . 1367 .7 is a letter from the Mayor concurring with
the purpose and intent of Bill 451 and expressing concern regarding
the absence of a definition for "any other protective device" in
either the County Code or the Hawaii Revised Statutes . The Mayor
questioned whether sunglasses , prescription glasses or other eye wear
will be construed as protective devices and recommended the inclusion
of a definition to clarify the meaning of "any other protective
device" and to facilitate enforcement of the proposed ordinance .
Communication 1367 .8 is a letter from Corporation Counsel John Wagner
transmitting Bill 451 , Draft 4 , and stating that the revisions
address the concern of the Mayor and Police Department .
Bill 431 , Draft 4 , defines "protective eyewear , " in part , as any
"device intended to be worn over the eye area , including, but not
limited to , goggles or face shields , and designed to protect the eyes
of the wearer from flying objects or debris . " The definition also
states that the protective eyewear shall be designed in such a way so
as to not hamper the vision of the wearer and to reasonably protect
the eyes of the wearer from the entry of flying objects from the
front or the side .
PWC REPORT 0 . 255
r,DOPTED : JUN 15 1998
•
PWC- 255 Page 2 May 24 , 1988
Draft 4 specifies that no person shall :
1 . Operate a moped on any highway or street unless that person
is properly wearing protective eyewear .
2. Offer a moped for lease or rent without providing protective
eyewear to the operator .
Your Committee understands that giving a definition of protective
eyewear and requiring the use of protective eyewear for moped
operators will simplify enforcement . Draft 3 of Bill 451 had
required the use of "safety glasses, goggles or a face shield . "
Draft 4 provides a more general definition.
Your Committee on Public Works has reviewed Bill 451, Draft 4 , and
understands that it addresses the concerns expressed by the Mayor in
Communication No . 1367 .7
Your Committee amended the definition of protective eyewear in
Bill 451 , Draft 4 , by deleting the words "from the front or the side"
at the end of the second sentence . This will allow the use of
sunglasses or other glasses to be considered as protective eyewear .
The amended version has been designated as Bill No . 451 , Draft 5 .
Your Committee on Public Works recommends p. ssa•e of Bill No. 451 ,
Draft 5 , on second and final reading by the . ' ty Council .
• •
RLE K. LAI, C 'P'OMAN
-USSELL S. KOKUB N, VICE CHR. FRANK DE LUZ III, MEMBER
1TAK SHI DOMIN 0, MEMB SHERWOOD R. H. GREENWELL, MEMBER
LA/TW