HomeMy WebLinkAboutOrdinance 06-164COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
06 164
A BILL FOR AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 10, DIVISION 8,
SECTION 24 -293, SCHEDULE 41, HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), REGARDING VEHICLES AND TRAFFIC, TO RESTRICT THE USE OF
THE WAIPI`O VALLEY ACCESS ROAD TO FOUR -WHEEL DRIVE VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Hawaii County Code 1983 (2005 Edition, as amended)
currently restricts access to the Waipi`o Valley Access Road to all -wheel drive vehicles only.
However, there are multiple signs at the entrance to this road indicating that access is restricted
to four -wheel drive vehicles only. Several members of the immediate community in Waipi`o
have reported that all -wheel drive vehicles have been entering the valley only having to be towed
out. This is due to both the inordinately steep slopes of this access road coupled with inclement
conditions as well as rough terrain, high water, muddy roads and other considerations within the
valley itself. Thus, all -wheel drive vehicles have been rendered incapacitated both on the access
road itself and also within the valley at different points. The inability of all -wheel drive vehicles
to successfully navigate the difficult terrain of this road creates unsafe conditions as well as an
unnecessary and significant burden to the already relatively heavy traffic the Waipi`o Valley
Access Road endures. Furthermore, as the code is currently written, those with four -wheel drive
vehicles are not permitted to traverse the Waipi`o Valley Access Road as all -wheel drive and
four -wheel drive are wholly different in concept, capacity and definition.
SECTION 2. Chapter 24, article 10, division 8, section 24 -293, schedule 41, Hawaii
County Code 1983 (2005 Edition, as amended), relating to Vehicles and Traffic, is amended to
read as follows:
"Section 24 -293. Schedule 41. Use of certain streets by certain vehicles restricted.
The following classes of vehicles are precluded from the use of the designated
streets when appropriate signs giving notice thereof are erected:
(a) Hamakua
(1) Pakalana Street, from Lehua Street to Mamane Street, makai bound only:
(A) Any vehicle with a gross vehicle weight rating (GV WR) of more than ten
thousand pounds shall not travel in the makai -bound direction.
(B) This restriction shall be lifted during emergencies as may be declared by the
office of civil defense.
(2) Waipi`o Valley Access Road.
(A) Restricted to [ell wheel] four -wheel drive vehicles only.
(B) Any vehicle with a gross vehicle weight rating (GV WR) of more than ten
thousand pounds shall not travel on this road. This restriction shall not be
applicable to utility, emergency or delivery vehicles providing services to
business establishments and residents [en] in Waipi`o Valley.
(C) Vehicle shall be engaged in [all wheel] four -wheel drive mode.
(D) Makai -bound vehicle shall yield to mauka -bound vehicle.
(E) These restrictions may be lifted during emergency situations as deemed
necessary by the Civil Defense Agency.
(b) North Hilo
(c) South Hilo
(d) Ka`u
(e) Kohala
(f) Kona
(1) Vehicles with three or more tons gross vehicle weight. The provisions hereof
shall not be applicable to utility, emergency, or delivery vehicles and school
buses providing services to residents of the hereinafter designated streets.
Further, these restrictions shall be lifted during the period of any emergency
declared by the office of civil defense.
(A) Kupuna Street in the North Kona District.
(B) Lako Street in the North Kona District.
(2) Any vehicle with five or more tons of gross vehicle weight shall not be permitted
to use Kaiminani Street in the Kona Palisades Subdivision as a through street
between the Hawaii Belt Highway and the Queen Ka`ahumanu Highway. This
restriction shall become effective as soon as appropriate signs giving notice
thereof are erected. This restriction shall not be applicable to utility, emergency
or delivery vehicles and school buses providing services to residents of the Kona
Palisades and adjoining subdivisions. Further, these restrictions shall be lifted
during periods of emergency as may be declared by the office of civil defense.
(g) Puna"
SECTION 3. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction:
November
15,
2006
Date of I` Reading:
November
15,
2006
Date of2 "d Reading:
November
29,
2006
Effective Date:
December
7,
2006
Reference: Comm. ttaa
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Fred C.
Holschuh, M.D.
Date Introduced:
November
15, 2006
First Reading:
November
15, 2006
Published:
N/A
7.
REMARKS:
Second Reading: November
29, 2006
To Mayor:
December
1, 2006
Returned:
December
7,
2006
Effective:
December
7.
2006
Published:
December
22,
2006
REMARKS.
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Arakaki
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11
Higa
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Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPOVATION COUNSEL
COUNTY OF HAWAII
natP 1 21110&
pprove Disapprovedthis 14--�
of J�ec� 20 d4
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M OR, COU
k F HAWAII
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COUNCIL C RMAN
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COUNTY CLERK
357
Bill No.:
Reference: C- 1199 /PWIRC -55
Ord No.: 06 164