| 47 | | - | SECTION 1. The legislature finds that roadway safety is the top transportation priority. Pedestrians, bicyclists, and other vulnerable roadway users are disproportionately impacted by traffic fatalities and injuries, which are on the rise. Between the 2009 to 2013 and the 2014 to 2018 five-year time periods, pedestrian fatalities across the State rose by twenty‑six per cent. Decades of automobile-centric planning and development have created formidable mobility barriers, including the lack of safe and accessible bicycle and pedestrian infrastructure. Under Navahine v. Hawaiʻi Department of Transportation, CIVIL NO. 1CCV-22-0000631 (Hawaii Cir. Ct.), the State has committed to completing its multimodal, bike and pedestrian network within the next five years. The legislature further finds that a disproportionately high number of pedestrian injuries and deaths occur at crosswalks and intersections. One solution proven to help reduce these tragedies is to allow pedestrians and motorists greater visibility as they enter and drive through crosswalks. The legislature finds that illegal parking near crosswalks and intersections creates dangerous conditions for pedestrians, particularly children walking to school. To ensure that fines from these violations are used to improve pedestrian safety, these revenues should be deposited into the safe routes to school program special fund to fund infrastructure improvements that promote public safety. Therefore, the purpose of this Act is to: (1) Prohibit street parking within twenty feet on each side of any crosswalk or intersection, regardless of the presence or absence of official signs or curb markings; (2) Require fines collected for street parking restrictions to be deposited into the safe routes to school program special fund; and (3) Specify that signs or curb markings are not required to restrict parking within twenty feet of a crosswalk or intersection. SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§291C- Street parking restrictions. (a) No vehicle shall be parked abutting the curb or edge of a vehicle travel way within twenty feet of a crosswalk or intersection, regardless of the presence or absence of official signs or curb markings; provided that any vehicle may be parked within the designated buffer zone if the vehicle is: (1) An authorized emergency vehicle performing the functions under section 291C-26; (2) An official federal, state, or county vehicle in the performance of its duty; (3) A stalled or broken vehicle; (4) Assisting a stalled or broken vehicle; (5) Yielding to an authorized emergency vehicle pursuant to section 291C-65; or (6) Otherwise authorized by law. (b) Any person who violates this section shall be subject to a fine of no more than $50 for each violation. Each day a violation occurs shall constitute a separate offense. (c) All fines collected pursuant to this section shall be deposited into the safe routes to school program special fund established under section 291C-4." SECTION 3. Section 291C-4, Hawaii Revised Statutes, is amended to read as follows: "§291C-4 Safe routes to school program special fund; establishment. There [is] shall be established in the state treasury the safe routes to school program special fund, into which shall be deposited: (1) Assessments collected for speeding in a school zone, pursuant to section 291C-104; [and] (2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5[.]; and (3) Fines collected for street parking restrictions pursuant to section 291C- ." SECTION 4. Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The director of transportation, the counties, and owners of private highways, with the consent of the county official responsible for traffic control with respect to highways under their respective jurisdictions, shall place signs or curb markings that are clearly visible to an ordinarily observant person prohibiting or restricting the stopping, standing, or parking of vehicles on the highway[. Such]; provided that any sign or curb marking shall not be required to restrict parking within twenty feet of a crosswalk or intersection in accordance with section 291C- . The signs or curb markings shall be official signs and markings, and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on [such] the signs or markings[.] except as otherwise provided by law." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that roadway safety is the top transportation priority. Pedestrians, bicyclists, and other vulnerable roadway users are disproportionately impacted by traffic fatalities and injuries, which are on the rise. Between the 2009 to 2013 and the 2014 to 2018 five-year time periods, pedestrian fatalities across the State rose by twenty‑six per cent. Decades of automobile‑centric planning and development have created formidable mobility barriers, including the lack of safe and accessible bicycle and pedestrian infrastructure. Under Navahine v. Hawaiʻi Department of Transportation, CIVIL NO. ICCV-22-0000631 (Hawaii Cir.Ct.), the State has committed to completing its multimodal, bike and pedestrian network within the next five years. The legislature further finds that a disproportionately high number of pedestrian injuries and deaths occur at crosswalks and intersections. One solution proven to help reduce these tragedies, is to allow pedestrians and motorists greater visibility as they enter into, and drive through crosswalks. The legislature finds that illegal parking near crosswalks and intersections creates dangerous conditions for pedestrians, particularly children walking to school. To ensure that fines from these violations are used to improve pedestrian safety, these revenues should be deposited into the safe routes to school program special fund to fund infrastructure improvements that promote public safety. Therefore, the purpose of this Act is to: (1) Prohibit street parking within twenty feet on each side of any crosswalk or intersection, regardless of the presence or absence of official signs or curb markings; (2) Require fines collected for street parking restrictions to be deposited into the safe routes to school program special fund; and (3) Specify that signs or curb markings are not required to restrict parking within twenty feet of a crosswalk or intersection. SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§291C- Street parking restrictions. (a) No vehicle parking abutting the curb or edge of a vehicle travel way shall be allowed within twenty feet of a crosswalk or intersection regardless of the presence or absence of official signs or curb markings; provided that any vehicle may be parked within the designated buffer zone as applicable if the vehicle is: (1) An authorized emergency vehicle performing the functions under section 291C-26; (2) An official federal, state, or county vehicle in the performance of its duty; (3) A stalled or broken vehicle; (4) A vehicle necessary to assist a stalled or broken vehicle; (5) A vehicle necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or (6) Otherwise authorized by law. (b) Any person who violates this section shall be subject to a fine of no less than $100 and no more than $500 for each violation. Each day a violation occurs shall constitute a separate offense. (c) All fines collected pursuant to this section shall be deposited into the safe routes to school program special fund established under section 291C-4." SECTION 3. Section 291C-4, Hawaii Revised Statutes, is amended to read as follows: "§291C-4 Safe routes to school program special fund; establishment. There is established in the state treasury the safe routes to school program special fund, into which shall be deposited: (1) Assessments collected for speeding in a school zone, pursuant to section 291C-104; [and] (2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5[.]; and (3) Fines collected for street parking restrictions pursuant to section 291C- ." SECTION 4. Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The director of transportation, the counties, and owners of private highways, with the consent of the county official responsible for traffic control with respect to highways under their respective jurisdictions shall place signs or curb markings that are clearly visible to an ordinarily observant person prohibiting or restricting the stopping, standing, or parking of vehicles on the highway[. Such]; provided that any sign or curb marking shall not be required to restrict parking within twenty feet of a crosswalk or intersection in accordance with section 291C- . The signs or curb markings shall be official signs and markings and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on [such] the signs or markings." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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