HomeMy WebLinkAboutBIL 154 Draft 01 2016-2018COUNTY OF HAWAII :. STATE OF HAWAII
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BILL NO. 154
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, SECTION 20-31, BY
ADDING NEW DEFINITIONS AND SECTION 20-38, OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED) BY RENAMING, AMENDING AND
ADDING NEW SUBSECTIONS AND SUBPARAGRAPHS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. This ordinance extends the authority of the Department of
Environmental Management to remove abandoned vehicles from certain private roadways in the
interest of public health and safety.
SECTION 2. Chapter 20, article 3, section 20-31, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by adding new definitions as follows:
" "Abandoned vehicle" means a vehicle that is unlawfully parked and left unattended for
a continuous period of more than twenty-four hours on any public highway, public property, or
private roads that are located within any ungated subdivision, where roads are open to and used
by members of the public.
"Derelict vehicle" means the definition in Chapter 290-8, Hawaii Revised Statutes.
"Public highway" means all roads, highways,ys, streets, ways, lanes, bikeways, and
bridges open to the use of the public for purposes of vehicular travel that is acquired or built by
the government.
"Private road" means every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission from the owner, including
private roads open to the public.
"Public property" means all real property owned by the Count
SECTION 3. Chapter 20, article 3, section 20-38, of the Hawaii County Code
1983 (2016 Edition, as amended) is amended to read as follows:
"Section 20-38. [ ] Removal of abandoned or
derelict vehicles.
(a� No person shall leave, abandoned, or place any wrecked or nonoperational
automobile or construction equipment or part or portion of a wrecked or nonoperational
automobile or construction equipment, or scrap iron, or other similar material, upon any
part of a public [street, eady r highway
ay or upon elly premises of „ ethefj highway,
public property, or private property of another.
(b) The removal of abandoned or derelict vehicles shall be subject to the
following:
(1) The department shall only remove abandoned or derelict vehicles
that are located on, or within ten (10) feet from the edge of, any public or private road.
(2) The department shall not remove abandoned or derelict vehicles
from any area within which the vehicle is located if the department's Derelict and
Abandoned Vehicle Coordinator determines that the road is unsafe for a tow truck to
traverse.
(3) All decisions to tow shall be subject to the discretion of the
department's Derelict and Abandoned Vehicle Coordinator.
(c) The department shall promulgate rules and procedures for the removal of
derelict and abandoned vehicles and shall follow the provisions of Chapter 290, Hawaii
Revised Statutes, as amended, for the removal of abandoned and derelict vehicles."
SECTION 4. Severability. 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.
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SECTION 5. This ordinance shall take effect upon adoption.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. `_