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Home My WebLink About2023-03-10 Waipio Valley Rd continued and Emergency Rule No. 2 and Emergency Rule No. 1Mitchell D. Roth Mayor Lee E. Lord Managing Director Robert H. Command Deputy Managing Director (Offite of fhr Anpr 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 . Fax (808) 961-6553 KONA: 74-5044 Are Keohokalole Hwy., Bldg C . Kailua-Kona, Hawai'i 96740 (808)323-4444 . Fax (808) 323-4440 Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No 1 Pursuant to the authority vested in me by Hawaii Revised Statutes ("FIRS") Sections 264-1.5 and 127A-25(a), the County of Hawai`i's police powers, and due to the public welfare, health and safety concerns presented by the current conditions of the Waipi'o Valley Road and the impact of closure on those located in Waipi'o Valley if the road is closed or fails, I hereby continue, adoption and promulgation of this Mayor's Waipi'o Valley Road Emergency Rule No. 2 and Emergency Rule No. 1 previously adopted and promulgated on September 15, 2022. These rules have the fore and effect of law. This Continued Emergency Rule is based on the statements contained in the Fourth Amended Traffic Emergency Zone Declaration and Fourth Declaration of Emergency for Waipi'o Valley Road effective March 14, 2023. I, Mitchell D. Roth, Mayor of the County of Hawai'i, hereby authorize the following: A. Waipio Valley Road Closure Waipio Valley Road shall be closed, subject to the express limited exceptions herein. This includes, but is not limited to: 1. Prohibition of all pedestrians; 2. Prohibition of uncovered vehicles, including but not limited to ATV's; and 3. Prohibition of horseback access. B. Limited Access Exceptions 1. Vehicular access by Hawaii County residents, permitted licensed/insured tour operators, and Native Hawaiians claiming exercise of traditional and/or customary rights. County of Hawaii is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Page 2 of 3 a. Vehicles and passengers shall abide by existing traffic laws, including: Vehicular use is limited to low -range, four-wheel drive vehicles (All wheel drive vehicles are not considered low rarge, four- wheel drive vehicles); Gross vehicle weight rating (GVWR) shall not exceed 10,000 pounds except for utility and emergency vehicles, cr existing vehicles used for transit of agricultural products; iii. Vehicles shall be engaged in four-wheel drive modo at all times; iv. Vehicle passengers shall be seated in enclosed compartments of vehicles designed for passenger seating and wearing seatbelts; v. Makai-bound vehicles shall yield to mauka-bound vehicles. b. Licensed/insured tour operators must obtain a permit from the Mayor's office. Please call (808) 961-8211. Permits shall be effective for a period of four (4) mcnths from date of issuance. 2. The Mayor may grant individual exemptions to this rule upon request and shall explain the purpose for which Waipi`o Valley Roac' will be used and upon sufficient showing that safety precautions cc nsistent with these rules are in place. The decision to grant or deny a request is within the sole discretion of the Mayor. Request shall be submitted to the Mayor's Office at 25 Aupuni Street, Suite 2603, Hilo, I-lawai`i 96720. C. Regardless of Limited Access Exceptions Pursuant to Section E, Complete Closure During Significant Weather Events 1. Waipio Valley Road shall be closed for all use, or access further may be limited, during significant weather events as determined by the Hawaii County Civil Defense Agency in consultation with the Department of Public Works. 2. This rule is not intended to limit the legal authority of government agencies to close, or limit use, of Waipi'o Valley Road as otherwise provided by law. County of Hawai' i is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Page 3 of 3 D. Closure and Limited Access During Periods of Construction Access to Waipi`o Valley Road may be closed or further restricted dur ng active road repair and/or mitigation activities. The Department of Public Works will hold public meetings as part of its road utilization planning during periods of road construction. Information and updates regarding the Waipi`o Valley Road may be found at Bulletins Hawaii County, HI Public Works. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this /o'``day of March, 2023 in Hilo, Hawaii. Mitchell D. Roth Mayor County of Hawaii County of Hawai' i is an Equal Opportunity Provider and Employer. Mitchell D. Roth Mayor Lee E. Lord Managing Director Robert H. Command Deputy Man.iging Director (Offirr of f he ffitpr 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 . Fax (808) 961-6553 KONA: 74-5044 Are Keohokalole Hwy., Bldg C . Kailua-Kona, Hawai'i 96740 (808) 323-4444 . Fax (808) 323-4440 March 10, 2023 w c, CD �? c._ TO: Jon Henricks, County Clerk' - Office of the County Clerk CD Ln FROM: Mitchell D. Roth, Mayor County of Hawai'i RE: Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency Transmitting Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records. Received by: Print Name: '-.Sc�a►c�.F Date: 3 `ky(23 County of Hawaii is an Equal Opportunity Provider and Employer.