HomeMy WebLinkAbout2023-09-11 Mayor's Waipio Valley Road continued Emergency Rule No. 2 and Emergency Rule No. 1 r"us H,k+, Lee E.Lord
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Managing Director
Mitchell D.Roth •: '•
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25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 Fax(808)961-6553
KONA: 74-5044 Ane Keohokilole Hwy.,Bldg C • Kailua-Kona, Hawaii 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 ("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 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
force and effect of law.
This Continued Emergency Rule is based on the statements contained in the
Seventh Amended Traffic Emergency Zone Declaration and Seventh Declaration of
Emergency for Waipi`o Valley Road effective September 11, 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 Hawai'i 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:
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 Hacvai i is an Equal Opportumt} Provider and Emplo%er
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
during 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 1 Hawaii County, HI Public Works.
IN WITNESS WHEREOF,_I have hereunto set my h nd and caused the
Seal of the County of Hawai'i to be affixed. Done this �Lay of September,
2023 in Hilo, Hawai'i.
Mitchell D. Roth
Mayor
County of Hawai'i
APPROVED AS TO
FORM AND LEGALITY:
D,9rtally signed by Elizabeth
Elizabeth Strance Stra—
Date 2023 09 07 15:52:10-10'00'
Elizabeth A. Strance
Corporation Counsel
County of Hawaii is an Equal Opportunit} Provider and Employer