HomeMy WebLinkAboutBIL 064 Draft 01 2018-2020Hawaii County Council-24 October 16,2019
Bill 64: AMENDS CHAPTER 24, ARTICLE 2, SECTION 24-12 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
VEHICLES AND TRAFFIC
Amends "Aliyah's Law" by adding that vehicles with window glazing that is not
in compliance with State law and that are parked or operating on public highways
may be cited and removed at the registered owner's expense.
Reference: Comm. 247
Intr. by: Ms. Lee Loy
First Reading: May 21, 2019
Postponed: June 4 and 19, 2019
Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to approve
Bill 64.)
WITHDRAWN BY INTRODUCER
Page 17
COUNTY OF HAWAII t STATE OF HAWAII
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BILL NO.64
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 2, SECTION 24-12 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO
VEHICLES AND TRAFFIC.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to improve the safety of drivers,
pedestrians, bicyclists, police officers, and other first responders by amending section 24-12,
subsection (b), ofthe Hawai`i County Code, enacted through Ordinance No. 11-102 ("Aliyah's
Law"), to allow the citation and removal, at the registered owner's expense, of vehicles with
window glazing material that are in violation of applicable statutes.
SECTION 2. Chapter 24, article 2, section 24-12, of the Hawai`i County Code
1983 (2016 Edition, as amended), is amended by amending subsection (b)to read as
follows:
b) Any police officer citing or arresting any driver for the following traffic violations may have
the motor vehicle towed to a private tow yard at the registered owner's expense pursuant to
Hawai`i Revised Statutes ("HRS") 291C-165.5(a):
1) Driving without a license pursuant to HRS 286-102;
2) Driving while license is suspended or revoked pursuant to HRS 286-132;
3) Operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-61;
4) Habitually operating a vehicle under the influence of an intoxicant pursuant to HRS
291E-61.5;
5) Operating a vehicle after license and privilege has been suspended or revoked for
operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-62;
6) Operating a vehicle after consuming a measurable amount of alcohol; persons under
the age of twenty-one pursuant to HRS 291E-64;[-&r]
7) Fraudulent use ofplates, tags, or emblems pursuant to HRS 249-11H• or
8) Parking or operating on a public highway a vehicle with glazing material that does not
comply with HRS 291-21.5(a)."
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,the invalidity does not affect other
provisions or applications of the ordinance which can btu given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INT'ODUCED BY:
MEMBER, COUNT OF ', A WA:`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 247
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