| 47 | | - | SECTION 1. The legislature finds that over time and through conveyance, dedication, or other means, the counties have received ownership of various streets, highways, thoroughfares, and roadways that were not originally constructed to meet rigorous safety standards and therefore lack the necessary safety standards now required for unregulated use. Despite efforts undertaken by the counties to uphold the safety of these streets, highways, thoroughfares, and roadways, these efforts cannot wholly mitigate the inherent risks posed by their non-standard designs. It is incumbent upon the State to ensure the safety and well-being of its residents and visitors. The legislature believes that, in instances in which the counties determine that public safety hazards exist due to the non-standard design of streets, highways, thoroughfares, and roadways, the counties should possess the authority to impose specific restrictions on the manner of use of these streets, highways, thoroughfares, and roadways. These restrictions may include requirements for four-wheel drive vehicles, covered transportation, or mandatory viewing of safety videos. The legislature further finds that the increased utilization of certain streets, highways, thoroughfares, and roadways, and their surrounding areas, has resulted in an influx of traffic that exceeds their original design capacity, thereby endangering both travelers and the culturally significant and environmentally sensitive sites that they traverse. Recognizing the peril posed by increased traffic on certain roadways to culturally and environmentally sensitive sites, the legislature also believes that the counties should be empowered to establish access limits to safeguard these sites. However, it is explicitly stated that properties exclusively accessible via these roadways shall remain accessible without undue impediment. Accordingly, the purpose of this Act is to grant counties the authority to regulate or impose restrictions on the manner of use of certain streets, highways, thoroughfares, or roadways. SECTION 2. Section 46-16, Hawaii Revised Statutes, is amended to read as follows: "§46-16 Traffic regulation and control over private streets[.], hazardous roads, and roads in sensitive areas. (a) 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; 291C; 291E; 431, articles 10C and 10G; 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] that has been used continuously by the general public for a period of [not] no 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] that 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. (b) Any county, by ordinance, may regulate or restrict access, except pedestrian access, to a street, highway, thoroughfare, or road that: (1) Is known to be hazardous or hazardous under certain conditions; provided that the hazard does not arise due to an act of, an omission by, or the gross negligence of the county; or (2) May have a negative impact on a sensitive area, including a critical habitat for threatened or endangered species or lands containing cultural or archaeological sites or resources; provided that no ordinance shall be adopted until a public hearing has been conducted on the proposed ordinance; provided further that the county shall consult with the department of transportation and department of land and natural resources before regulating or restricting access to a street, highway, thoroughfare, or road; provided further that properties exclusively accessible via these streets, highways, thoroughfares, or roads shall remain accessible without undue impediment." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
|---|
| 47 | + | SECTION 1. The legislature finds that over time and through conveyance, dedication, or other means, the counties have received ownership of various streets, highways, thoroughfares, and roadways that were not originally constructed to meet rigorous safety standards and therefore lack the necessary safety standards now required for unregulated use. Despite efforts undertaken by the counties to uphold the safety of these streets, highways, thoroughfares, and roadways, these efforts cannot wholly mitigate the inherent risks posed by their non-standard designs. It is incumbent upon the State to ensure the safety and well-being of its residents and visitors. The legislature believes that, in instances in which the counties determine that public safety hazards exist due to the non-standard design of streets, highways, thoroughfares, and roadways, the counties should possess the authority to impose specific restrictions on the manner of use of these streets, highways, thoroughfares, and roadways. These restrictions may include requirements for four-wheel drive vehicles, covered transportation, or mandatory viewing of safety videos. The legislature further finds that the increased utilization of certain streets, highways, thoroughfares, and roadways, and their surrounding areas, has resulted in an influx of traffic that exceeds their original design capacity, thereby endangering both travelers and the culturally significant and environmentally sensitive sites that they traverse. Recognizing the peril posed by increased traffic on certain roadways to culturally and environmentally sensitive sites, the legislature also believes that the counties should be empowered to establish access limits to safeguard these sites. However, it is explicitly stated that properties exclusively accessible via these roadways shall remain accessible without undue impediment. Accordingly, the purpose of this Act is to grant counties the authority to impose restrictions on the manner of use of certain streets, highways, thoroughfares, or roadways. SECTION 2. Section 46-16, Hawaii Revised Statutes, is amended to read as follows: "§46-16 Traffic regulation and control over private streets[.], hazardous roads, and roads in sensitive areas. (a) 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; 291C; 291E; 431, articles 10C and 10G; 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] that 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] that 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. (b) Any county, by ordinance, may regulate or restrict access to a street, highway, thoroughfare, or road that: (1) Is known to be hazardous or hazardous under certain conditions; provided that the hazard does not arise due to an act of, an omission by, or the gross negligence of the county; or (2) May have a negative impact on a sensitive area, including a critical habitat for threatened or endangered species or lands containing cultural or archaeological sites or resources; provided that no ordinance shall be adopted until a public hearing has been conducted on the proposed ordinance; provided further that the county shall consult with the department of transportation and department of land and natural resources prior to restricting or regulating access to a street, highway, thoroughfare, or road." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
|---|