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Home My WebLink AboutORD 1998-097 1998-2000 1\ \ • COUNTY OF HAWAI � wY�� Y ___ - STATE OF HAWAII BILL NO. 68 Draft 5 98 97 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO VEHICLES AND TRAFFIC. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 24, article 1, section 24-2, Hawaii County Code 1983 (1995 edition), is amended to read as follows: "Section 24-2. Scope and applicability of chapter and of Statewide Traffic Code. (a) The provisions set forth in this chapter are to provide for the regulation of traffic [upon the public streets of the County, such private streets, highways and thoroughfares which have been continuously used by the general public for more than six months, and designated by the council, and such private properties which have been designated and identified as a special parking stall for disabled persons pursuant to Section 24-243.] in the County of Hawaii, upon the following: (1) The public streets of the County; (2) Such private streets, highways, and thoroughfares: (A) Which have been continuously used by the general public for more than six months, and designated by the council, or (B) Which are intended for dedication to the public use as provided in section 264-1, HRS, and are open for public travel but have not yet been accepted by the County; and (3) Such private properties which have been designated and identified as a special parking stall for disabled persons pursuant to section 24-243, Hawaii County Code. (b) Private streets, highways, and thoroughfares used primarily for actual agricultural and ranching purposes shall be exempt from this chapter. An agricultural zoning designation pursuant to the County Zoning Code, in and of itself, shall not constitute a sufficient indication that a street, highway, or thoroughfare is primarily used for actual agricultural and ranching purposes. (c) Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the"Statewide Traffic Code," and this chapter. (d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare. (e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on any private street, highway, or thoroughfare." SECTION 2. Chapter 24, article 1, section 24-3(a)(20), Hawaii County Code 1983 (1995 edition), is amended by amending the definition of"official traffic-control device"to read as follows: "(20) Official traffic-control device"means any sign, signal, marking or device not inconsistent with this Code placed or erected by authority of or with the consent of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic." SECTION 3. Chapter 24, article 2, section 24-9, Hawaii County Code 1983 (1995 edition), is amended to read as follows: "Section 24-9.[Maintenance of signals by chief engineer.] Installation and maintenance of traffic control devices. (a) The provisions set forth in this chapter are to provide for the installation and maintenance of traffic control devices upon the following categories of streets: (1) Publicly Maintained Streets Subject to section 24-8, the chief engineer is authorized, and as to those devices, signs, signals, and markings required for the purpose of traffic control, it shall be [his] the chief engineer's duty to place and maintain or cause to be placed and maintained all official traffic control devices, signs, signals and markings[.] on publicly maintained streets. 2 (2) Privately Owned and Maintained Streets The owner(s) of privately owned and maintained streets which are subject to regulation pursuant to the provisions of section 24-2, are authorized and required to place and maintain or cause to be placed and maintained all official traffic control devices, signs, signals and markings on their streets, upon adoption of an ordinance pursuant to section 24-8. (b) All devices, signs, signals and markings required for the purpose of traffic control shall be uniform as to type and location throughout the County. (c) County consent to the placement of traffic control signs or markings on a private street shall not be deemed to constitute ownership or control over that street." SECTION 4. Chapter 24, article 7, division 1, section 24-142, Hawaii County Code 1983 (1995 edition), is amended to read as follows: "Section 24-142. Signs required at through streets. (a) Whenever any ordinance or law of this County designates and describes a through street or stop intersection, it shall be the duty of the County and/or chief engineer or owner(s) of private streets to place and maintain stop and/or yield signs on each and every street intersecting such through street and at every stop intersection unless traffic at any such intersection is controlled at all times by traffic-controlled signals. The highway safety council may recommend when yield signs may be substituted for stop signs. (b) The streets as described in schedule 14, section 24-266 are established and designated as through streets." SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 6. 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 provision or application, and to this end, the provisions of this ordinance are declared to be severable. 3 SECTION 8. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBE , 1 11 - OF HAWAII Hilo, Hawaii Date of Introduction: September 2, 1998 Date of 1st Reading: September 2, 1998 Date of 2nd Reading: September 16, 1998 Effective Date: September 25, 1998 REFERENT Comm. 23 0 .15 APPROVED AS TO FORM AND LEGALITY C•i' 'ORATION COUNSEL DATED: 5 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii (DRAFT,,4). r. J in. i1 ROLL CALL VOTE Introduced By: Dominic Yagong r. -AYES NOES ABS EX Date Introduced: September 2, 1998 Arakaki v x First Reading: September 2, 1998 Chung X Published: N/A Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 (DRAFT 5) Second Reading: September 16, 1998 ROLL CALL VOTE To Mayor: September 18, 1998 AYES NOES ABS EX Returned: September 25, 1998 Arakaki X Effective: September 25, 1998 Chung X Published: October 2, 1998 Leithead-Todd X Ray X REMARKS: Reynolds x Santangelo X Smith X Tyler X Yagong X 8 0 1 0 • I DO HEREBY CE A y �ef g r in BILL was adopted by the County Council and published as indicated above. FORM AND LEGAUTY: D TY CORPORATION COJtti..El COUNTY OF HAWAII / Age SEP 1 8 1998 Date Approved/Bisippnrverl this 24.- day COUNCIL CHAIRMAN of J h _19 ? COUNTY CLERK ,'Yt OR, COUNI' OF HAWAII Bill No.: 68 (Draft 5 ) Reference: C-230.11/PWPC-120 Ord.No.: 99 97 Ordinances 98-97 through 98-99 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on September 16, 1998,by vote as listed below: ORDINANCE 98-97 (Bill 68, Draft 5): An Ordinance amending Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-98 (Bill 277): An Ordinance amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, covered by TMK 2-2-37:29. AYES: Councilmembers Chung, Leithead-Todd, Ray, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Reynolds - 1. ORDINANCE 98-99 (Bill 278): An Ordinance amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting from the City of Hilo Circulation Pattern, the proposed 80-foot wide right-of-way Northern Komohana Street Extension, Piihonua and Puueo, South Hilo, Hawaii, covered by TMK: 2-3-36:Portions of 2, 13, 18, 19, 25, 34, 41, 43, 44, 45, 48, 49 and 50; and 2-6- 8:Portions of 35 and 37. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler and Chairman Arakaki - 7. NOES: Councilmember Yagong - 1. ABSENT & EXCUSED: Councilmember Chung- 1. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (Hawaii Tribune Herald—October 2, 1998) (West Hawaii Today—October 2, 1998 AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Lorelei Logan ,being first duly sworn, deposes and says: 1. That she is the • Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA , State of Hawaii. 2. That the " Ordinances 98-97 through 98-99 I hereby certify that the following Ordinances passed second and final reading ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) Oct. 2 , 19 98 (etc.) Subscribed and sworn to before me this 12th day of Oct. , 19 98 J Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug. 4, 2001 ealim i,awMllwrll .A I limit theetba oiaiilii p> ` *wneeaas iitg at ttie at8tfilre i(tfii+f�tAy� eancitditti (fie listed below: ORDINANCE 98-97(Bill 88,Draft 5):An Ordinance amending Chapter 24,of the Hawaii County Code 1983(1995 Edition),relating to Vehicles and Traffic. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED:Councilmember Chung-1. ORDINANCE 98-98(Bill 277):An Ordinance amending Section 25-8-33(City of Hilo Zone Map),Article 8,Chapter 25(Zoning Code)of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) to Industrial-Commercial Mixed(MCX-20)at Waiakea, South Hilo, Hawaii,covered by TMK 2-2-3729.AYES:Councilmembers Chung,Leithead- Todd,Ray,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8.NOES: None.ABSENT & EXCUSED: Councilmember Reynolds-1. ORDINANCE 98-99(Bill 278):An Ordinance amending Section 25-8-33(City of Hilo Zone Map),Article 8,Chapter 25(Zoning Code)of the Hawaii County Code,by deleting from the City of Hilo Circulation Pattern,the proposed 80- foot wide right-of-way Northern Komolana Street Extension, Piihonua and Puueo,South Hilo,Hawaii,covered by TMK:2-3-38:Portions of 2,13,18,19, 25,34,41,43,44,45,48,49 and 50;and 2-6-8:Portlons of 35 and 37.AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-7.NOES:Coundlmember Tyler-1.ABSENT &EXCUSED: Councilmember Chung-1. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda (No.9879-West Haimatil,f- i t r� .. . Y 1 AFFIDAVIT OF PUBLICATION State of Hawaii ► ► SS: County of Hawaii ► LEILANI K. R. HIGAKI being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the " Ordinances 98-97 through 98-99, etc., of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) October 2 , 19 98 (etc.). #108370 Subscribed and sworn to before me this 9th day of October , 19 98 SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires. October ', 2000 'PH °rOirrswss li 47 three.1840 I hereby certify tick the foitowing Ordinances passed second and final reading at the meeting of the County Council on September 16, 1998, by vote as listed below: ORDINANCE 98-97 (Bill 68, Draft 5): An Ordinance amending Chapter 24,of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki — 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung—1. ORDINANCE 98-98 (Bill 277): An Ordinance amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-10) to industrial- Commercial Mixed (MCX-20) at Waiakea, South Hilo, Hawaii, covered by TMK 2-2-37:29. AYES: Councilmembers Chung, Leithead- Todd, Ray Santangelo, Smith, Tyler, Yagong and Chairman Arakaki — 8. NOES: None. ABSENT & EXCUSED: Councilmember Reynolds—1. ORDINANCE 98-99 (Bill 278): An Ordinance amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting from the City of Hilo Circulation Pattern, the proposed 80-foot wide right-of-way Northern Komohana Street Extension, Piihonua and Puueo, South Hilo, Hawaii, covered by TMK: 2-3- 36:Portions of 2, 13, 18, 19,25,34,41, 43, 44, 45, 48, 49 and 50; and 2-6- 8:Portions of 35 and 37. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki-7. NOES: Yagona-1. ABSENT & EXCUSED: Councilmember Chung—1. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (108370-Hawaii Tribune-Herald: October 2,t99 )