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Home My WebLink AboutBIL 068 Draft 02 1996-1998v/ COUNTY OF HAWAI ` I STATE OF HAWAII BILL NO. 68 Draft 2 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 L Chapter 24, article I, 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 (6) 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 24-243.1 in the County of Hawaii, upon the following: The public streets of the county; (2) Such private streets, highways, and thoroughfares except private streets used primarily for actual agricultural and ranching purposes: (A) Which have been continuously used by the general public for more than six (6) months: or Which are intended for dedication to the public use as provided in section 264-1, HRS, and is open for public travel but have not yet been accepted by the county: and 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) 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 (6) months are hereby designated by the council to be subject to the provisions of Chapter 291 C of the Hawaii Revised Statutes, known as the "Statewide Traffic Code," and this chapter. OA--IC9 (e) The county shall not be responsible for the maintenance and repair street highway, or thoroughfare when it imposes or enforces traffic and highway satiety laws or places or permits to be placed appropria control devices on that private street, highway, or thoroughfare. (d) No adverse or prescriptive rights shall accrue to the county imposes or enforces traffic regulations and h or 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 Code1p aced 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: 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. 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. 2 (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. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM GTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: