HomeMy WebLinkAboutCOM 0025.004 1996-1998 •v w
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Stephen K. Yamashiro Richard Wurdeman
Mayor ~ Co+poration Counsel
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OFFICE OF THE CORPORATION COUNSEL
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101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (608) 9618251 Fax (808) 9697 C1 ~
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27 February 1997 L ~
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TO: THE HONORABLE DOMINIC YAGONG
Council Member
FROM: RICHARD D. WURDEMAN, Corporation Counsel ~
SUBJECT: SIDEWALK USE PERMITS
This is a response to your request for an opinion on whether a
sidewalk use permit is the appropriate means to provide for the
placement of an advertising sign on a County right of way.
The Pink Elephant Thrift Shop, an activity of the Hilo Woman's
Club, seeks to place a 24" x 30" sandwich sign on the gravel
area which separates the sidewalk and the roadway, in front of
their shop on Kamehameha Avenue. This gravel area is County
property and considered part of the right of way.
Chapter 22-20 of the Hawaii County Code (HCC) prohibits the
placement of any goods, wares, or merchandise on any sidewalk
within Hilo without a permit from the Council. Another related
section, §22-21 HCC, makes reference to the placement of
newspaper stands and cafe table service, in addition to goods,
wares and merchandise. No reference is made to advertising
signs, and HCC §3-21, (although it seems to be directed
primarily at signs projecting outward from buildings,) prohibits
any sign from projecting over any public area more than five
feet from the property line or to extend over any public highway.
The gravel area in question here, since it is located within the
width between property lines of a way over which part is
reserved for vehicular traffic, is part of the public street.
HCC Sec. 22-1 (3). Not only does the sidewalk use ordinance,
HCC Sec 22-20 et seq., not provide for the placement of signs on
sidewalk areas, but the sign ordinance referred to above,
evidences a firm policy against advertising within the
boundaries of a street or highway.
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Dominic Yagong, Cc cilmember
Page 2
27 February 1997
The granting of a sidewalk use permit for this use is thus, not
provided for under the ordinance. Should Council wish to change
this policy, the Chapter 22, Section 5 could be appropriately
amended or a permit or easement for the gravel area would be
authorized. HCC Sec. 2-111.
I regret that I cannot provide a more expeditious solution, to
this no doubt worthy request of the Hilo Woman's Club.
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