01-28-2010, 08:58 AM
CoH seeks to extend traffic regulations and enforcement into private subdivisions.
While a County Council Bill is being prepared by Dominic Yagong to create a grant-in-aid mechanism to aid in the maintanence of private road systems in Hawaii County the Kenoi Administration (I am told) is the initiator of HB2020 which would extend county traffic regulations and enforcement on to private road systems.
Both of these efforts seem practical and sensible to Friends of Puna’s Future (FoPF) and we will be testifying on behalf of both efforts.
Rob Tucker, President, FoPF
HB2020 [http://www.capitol.hawaii.gov/session201...B2020_.HTM]
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249, 286, 287, 291, [and] 291C, 291E, 431:10C, and 486, part III, on public streets, roads, or highways whose ownership is in dispute between the State and the county."
SECTION 2. Section 46-16, Hawaii Revised Statutes, is amended to read as follows:
"§46-16 Traffic regulation and control over private streets. Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249, 286, 287, 291, [and] 291C, 291E, 431:10C, and 486, part III, on the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:
(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and
(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county."
While a County Council Bill is being prepared by Dominic Yagong to create a grant-in-aid mechanism to aid in the maintanence of private road systems in Hawaii County the Kenoi Administration (I am told) is the initiator of HB2020 which would extend county traffic regulations and enforcement on to private road systems.
Both of these efforts seem practical and sensible to Friends of Puna’s Future (FoPF) and we will be testifying on behalf of both efforts.
Rob Tucker, President, FoPF
HB2020 [http://www.capitol.hawaii.gov/session201...B2020_.HTM]
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249, 286, 287, 291, [and] 291C, 291E, 431:10C, and 486, part III, on public streets, roads, or highways whose ownership is in dispute between the State and the county."
SECTION 2. Section 46-16, Hawaii Revised Statutes, is amended to read as follows:
"§46-16 Traffic regulation and control over private streets. Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249, 286, 287, 291, [and] 291C, 291E, 431:10C, and 486, part III, on the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:
(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and
(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county."
Assume the best and ask questions.
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Punaweb moderator