HomeMy WebLinkAboutORD 2018-082 2016-2018 COUNTY OF HAWAII *� `.'5-:Yi_• STATE OF HAWAII
,TB OF
BILL NO. 154
(DRAFT 2)
ORDINANCE NO. 18 82
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. Chapter 20, article 3, section 20-31, of the Hawai`i 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, Hawai`i Revised Statutes.
"Public highway" means all roads, highways, alleys, 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 County."
SECTION 2. Chapter 20, article 3, section 20-38, of the Hawai`i County Code
1983 (2016 Edition, as amended), is amended to read as follows:
"Section 20-38. [• . . . . . • • •• • • : • ':' .]Prohibition; disposition of
abandoned or derelict vehicles.
(a) No person shall leave, abandon, 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 [ -•_ . ::- . -- - --- .j
highway, public property, or private property of another.
(b) The department shall take into custody and dispose of abandoned or derelict
vehicles in accordance with chapter 290, Hawai`i Revised Statutes.
(c) 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 feet from the edge of any public or private road;
(2) The department shall not remove abandoned or derelict vehicles from any
area, if the director determines that the area is unsafe for a tow truck to
traverse; and
(3) All decisions to tow shall be subject to the discretion of the director.
(d) The director shall develop andimplement a public outreach program to educate
residents, community associations, road corporations, tow companies, and the
public about the disposition of abandoned or derelict vehicles including the
procedures for reporting abandoned or derelict vehicles.
(e) The department shall adopt rules regarding the disposition of abandoned or derelict
vehicles, that are in accord with chapter 290, Hawaii Revised Statutes."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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.
2
SECTION 5. This ordinance shall take effect upon approval.
INTRODUCED BY:
/ 1
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: August 8, 2018
Date of 1st Reading: August 8, 2018
Date of 2nd Reading: August 22, 2018
Effective Date: September 5, .2018
REFERENCE Comm. 941.6
3
COUNTY CLERK
OFFICE OF THE COUNTY CLERK COUNTY OF H AWA I I
County of Hawai`i
Kona, Hawai`i 1018 SEP -6 Ail 9: 2 2
Introduced By: Eileen 0'Hara ROLL CALL VOTE
Date Introduced: August 8, 2018 AYES NOES ABS EX
First Reading: August 8, 2018 Chung X
Published: August 18, 2018 David X
Eoff X
REMARKS. Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: August 22 , 2 018 9 0 0 0
To Mayor: August 30, 2018
Returned: September 6, 2018 ROLL CALL VOTE
Effective: September 5, 2018 AYES NOES ABS EX
Published: September 15, 2018 Chung X
David X
REMARKS: Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
1
CO UNC L CHAIRPERSON
prov d/Disapproved this 5Th day l
40
of �A ��e�' , 20 I . Ci NTY CLERK
154 (Draft 2)
,L)1 Bill No.:
MAYOR, COUNT O HAWAIIC-941 . 6/EMC-6
Reference:
Ord No.: 18 82