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HomeMy WebLinkAbout2022-11-30 First Supplemental Emergency Proclamation - Mauna Loa EruptionMitchell D. Roth Mayor Lee E. Lord Managing Director Robert H. Command Deputy Managing Director C�VUUfV of (Natual` C (offiry of for'nvrar 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 • Fax (808) 323-4440 FIRST SUPPLEMENTAL EMERGENCY PROCLAMATION WHEREAS, Chapter 127A, Hawaii Revised Statutes, as amended, provides for the establishment of County organizations for disaster relief with a director in charge of each political subdivision; and WHEREAS, Chapter 127A, Hawaii Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaii County Code, establishes a Civil Defense Agency within the County of Hawaii and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawaii County Charter empowers the Mayor of the County to declare emergencies; and WHEREAS, on November 28, 2022 at 3:02 a.m., I as Mayor of the County of Hawaii issued an Emergency Proclamation declaring a state of emergency due to the active eruption of Mauna Loa; and WHEREAS, on November 28, 2022 at 9:25 p.m., I as Mayor of the County cf Hawaii issued a Supplemental Emergency Proclamation declaring a state of emergency due to the active eruption of Mauna Loa; and WHEREAS, the eruption began in Moku`aweoweo, the summit caldera of Mauna Loa, inside Hawaii Volcanoes National Park; and WHEREAS, the eruption has since migrated into the Northeast Rift Zone. There are currently no active mandatory evacuations; and WHEREAS, due to the active eruption now confined to the Northeast Rift Zone, the previously opened evacuation shelters located at Robert Herkes gym in Pahala (Ka'u gym) and at the Kekuaokalani Gym at Kailua Park (Old A's) in Kona are now closed; and WHEREAS, Section 127A-12(a)(5)(D), Hawaii Revised Statutes, provides that during the emergency period, the Mayor may exercise the following powers pertaining to emergency management to direct or control as may be necessary for emergency management the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, exercises, training, emergencies, or disasters; and County of Hawaii is an Equal Opportunity Provider and Employer. First Supplemental Emergency Proclamation Page 2 of 2 WHEREAS, Section 127A-12(c)(12), Hawaii Revised Statutes, as amended, provides that during the emergency period, the Mayor may restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions; and WHEREAS, the active eruption continues its current path toward the Daniel .K. Inouye ("DKI") Highway, which serves as the main artery between East and West Hawaii for both residential and commercial traffic. The proximity between the DKI Highway and th(,- active flow has drawn an overwhelming number of spectators creating a safety hazard to both motorists as well as spectators; and WHEREAS, based on the increase in spectators, the Department of Transportation issued Advisory No. 22-0397 on the evening of November 28, 2022, reminding motorists tllat there is no parking allowed on the DKI Highway or its shoulders between the sixteen mile marker (16 MM) and the thirty-one mile marker (31 MM); and WHEREAS, most of the DKI Highway between the sixteen mile marker (16 MM) and approximately at the fifty-one mile marker (51 MM) which is the end of DKI Highway, has a maximum speed limit of sixty (60) miles per hour, and it lacks sufficient infrastructure such as crosswalks and necessary lighting to safely sustain the increased amount of pedestrians arriving in vehicles in the area and traversing the area on foot, thereby creating unsafe road conditions; and WHEREAS, based on these unsafe road conditions, on November 28, 2022, pursuant to Sections 1.27A-25 and 291C-111, Hawaii Revised Statutes, as amended, I issued Emergency Rule 41 prohibiting all vehicles from stopping and/or or parking on the DKI Highway at any time between the sixteen mile marker (16 MM) and the thirty-one mile marker (31 MM), except as permitted at designated parking lots; and WHEREAS, based on the significant increased number of vehicular traffic continuing beyond the thirty-one mile marker (31 MM), I issued Emergency Rule 42 extending the stopping and parking prohibitions on the DKI Highway at anytime between the sixteen mile niarker (16 MM) to the end of the DKI Highway which intersects with Highway 190 (also known as the Hawaii Belt Road); and WHEREAS, due to the eruption's continued activity and close proximity to the DKI Highway drawing overwhelming spectators creating hazardous road conditions, I have determined that it is necessary to supplement and expand my Supplemental Emergency Proclamation issued on November 28, 2022, at 9:25 p.m. related to updated eruption activity and spectator interest creating road hazards on the DKI Highway; and WHEREAS, the danger of disaster is such magnitude to warrant protective action in order to provide for the health, safety, welfare and protection of the people and pursuant to Section 127A-13(b)(4), Hawaii Revised Statutes, the Mayor finds it necessary to take appropriate actions to direct and control the mandatory evacuation of the civilian population. County of Hawaii is an Equal Opportunity Provider and Employer. First Supplemental Emergency Proclamation Page 2 of 2 NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, do hereby proclaim and declare that a state of emergency exists due to the threat of imminent disaster on Hawaii Island, effective November 30, 2022, � Z'c`{L p.m., Hawaii. This ORDER is effective at / Z � z p.m., this 30th day of November, 2022. Mitchell D. Roth Mayor County of Hawai `i County of Hawai' i is an Equal Opportunity Provider and Employer. Mitchell D. Roth Maya - Lee E. Lord Managing Director Robert H. Command Deputy Mamrging Director Count of �afuni`t Offir e of for aVor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 Fax (808) 323-4440 N Q t-*) November 30, 2022 CD`f c:) TO: Jon Henricks, County Clerk~ Office of the County Clerk .. . FROM: Mitchell D. Roth, Mayor County of Hawai'i RE: MAYOR'S NOVEMBER 30, 2022, FIRST -SUPPLEMENTAL EMERGENCY PROCLAMATION This is a transmittal of Mayor's November 30, 2022, First Supplemental Emergency Proclamation regarding the Mauna Loa eruption issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records. Received by: , 1 Print Name:°`�"�` Date: County of Hawai'i is an Equal Opportunity Provider and Employer.