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Home My WebLink About2023-05-11 Waipio Valley Rd continued and Emergency Rule No. 2 and Emergency Rule No. 1 t t g R 4 ® q r® Lee E. Lord! I kianaging Direclar Mitchell D.Roth Mayor , •.;.____ Robert H, Command •i r, ��y�` Dep vty Managing Director Gunfv of c of az`i Offirr of for" avar 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 . Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C ® Kailua-Kona, Hawai'i 96740 (808)323-4444 o Fax X808)323-4440 r May 11 , 2023 TO: Jon Henricks, County Clerk . Office of the County Clerk -. FROM: Mitchell D. Roth, Mayor County of Hawaii E i RE: Mayor's Waipi'o Valley Road Continued Emergency Rule No. :2 and Emergency Rule No. 1 Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi`o Valley Road Declaration of Emergency I 'I i Transmitting Mayor's Waipi`o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1; Fifth Amended Traffic Emergency Zone I Declaration and Fifth Waipi`o Valley Road Declaration of Emergency issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records., Received by: _ Print Name: Date: I� County of Hawaii is an Equal Opportunity Provider and Employer. �N(V OF ''h• o + Lee E.Lord Managing Director Mitchell D.Roth Mayor Robert H.Command a+'e:� Ni MOM i• O' Deputy Managin„Director (LinufV of Pufuu-I i (Off rr, of f r"Mapt 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 Mayor's Waipio Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Pursuant to the authority vested in me by Hawaii Revised Statutes ("HRS") 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 Waipio Valley Road and the impact of closure on those located in Waipio Valley if the road is closed or fails, I hereby continue, adoption and promulgation of this Mayor's Waipio Valley Road Emergency Rule No. 2 and Emergency Rule No. 1 previously adopted and promulgated on September 15, 2022. These rules have the force and effect of law. I This Continued Emergency Rule is based on the statements contained in the Fifth Amended Traffic Emergency Zone Declaration and Fifth Declaration of Emergency for Waipio Valley Road effective May 14, 2023. I, Mitchell D. Roth, Mayor of the County of Hawaii, 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. i I 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: i. Vehicular use is limited to low-range, four-wheel drive vehicles (All wheel drive vehicles are not considered low range, four- wheel drive vehicles); ii. Gross vehicle weight rating (GVWR) shall not exceed 10,000 pounds except for utility and emergency vehicles, or existing vehicles used for transit of agricultural products; iii. Vehicles shall be engaged in four-wheel drive mode 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. i. Permits shall be effective for a period of four(4) months from date of issuance. 2. The Mayor may grant individual exemptions to this rule upon request and shall explain the purpose for which Waipio Valley Road will be used and upon sufficient showing that safety precautions consistent 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, Hawaii 96720. C. Regardless of Limited Access Exceptions Pursuant to Section B, 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 Waipio Valley Road as otherwise provided by law. 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 3 of 3 y D. Closure and Limited Access During Periods of Construction I Access to Waipio Valley Road may be closed or further restricted during active I 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 Waipio Valley Road may be found at Pulletin Hawaii County HI Public Works. I i IN WITNESS WHEREOF, I have hereunto.set my hand and caused the Seal of the County of Hawaii to be affixed. Done this t day of May, 2023 in Hilo, Hawaii. l Mitchell D. Roth Mayor County of Hawaii I I I i i J '!C County of Hawai'i is an Equal Opportunity Provider and Employer.