COUNTY OF HAWAII ORDINANCE
NO. STATE OF HAWAII BILL
NO. 66
AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983
(2005
EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 24, article 7, division 3, Hawaii County
Code 1983 (2005
Edition, as amended), is amended by adding a new section to be
appropriately designated and to
read as follows:
"SECTION 24- Use of mobile electronic devices while operating
a vehicle.
(a) As used in this section, unless the context clearly
requires otherwise:
"Emergency responders" include fire fighters, emergency
medical service
technicians, mobile intensive care technicians, civil defense
workers, police
officers, and federal and state law enforcement officers.
"Mobile electronic device" means any hand-held or other
portable
electronic equipment capable of providing wireless and/or data
communication
between two or more persons or of providing amusement,
including but not
limited to a cellular phone, text messaging device, paging
device, personal digital
assistant, laptop computer, video game, or digital
photographic device, but does
not include any audio equipment or any equipment installed in
a motor vehicle for
the purpose of providing navigation, emergency assistance to
the operator of the
motor vehicle, or video entertainment to the passengers in the
rear seats of the
motor vehicle.
"Operate a motor vehicle" means to drive or assume actual
physical
control of a vehicle upon a public way, street, road, or
highway.
"Use or using" means holding a mobile electronic device while
operating
a motor vehicle."
(b) It shall be a violation under this section to operate a
motor vehicle while
using a mobile electronic device, unless used with a
hands-free device.
Any person convicted of violating this subsection shall be
subject to a
maximum fine of $150.
(c) Whoever operates any vehicle while using a mobile
electronic device.
unless used with a hands-free device, in a manner as to cause
a collision, with,
or injury or damage to, as the case may
be, any person, vehicle, or
other property shall be fined not more than $500.
(d) The use of a mobile electronic device for the sole purpose
of making a
"911" emergency communication shall be an affirmative defense
to this
ordinance.
e) The following persons
shall be exempt from the provisions of subsections
(b) and (c):
(1) Emergency responders using a mobile electronic device
while in
the performance and scope of their official duties:
(2) Drivers using two-way radios while in the performance and
scope
of their work-related duties; and
(3) Drivers holding a valid amateur radio operator license
issued by
the federal communications commission and using half-duplex
two-way, radio"
SECTION 2. New material is underscored. In printing this
ordinance, the underscoring
need not be included.
SECTION 3. If any provision of this ordinance or the
application thereof to any person
or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 4. This ordinance shall take effect on January 1,
2010.
,Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 262.11
2
Bill Nos. 66 (Draft 2), 77, 78, 79 (Draft 2), 93, 94 (Draft
2), and 95
I hereby certify that the following Bills passed first reading
at the meeting of the Hawaii County
Council on June 2, 2009, by vote as listed below:
Bi1166, Draft 2: Amends Chapter 24, Hawaii County Code 1983
(2005 Edition, as Amended),
Relating to Inattention to Driving. Adds a new section to the
County Code that stipulates that it
is a violation to use a mobile electronic device while
operating any vehicle, unless used with a
hands-free device, and exemptions and fines provided therein,
and shall take effect on January 1,
2010. AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Onishi, Yagong,
and Chair Yoshimoto - 8; NOES: Council Member Naeole - 1;
ABSENT: None; EXCUSED:
None.
Bi1177: Amends Chapter 24 of the Hawaii County Code 1983 (2005
Edition, as Amended),
Relating to Motor Vehicle Driver's Permit and License Fees.
Removes fees for six-year driver's
licenses and adds fees for one-year and eight-year driver's
licenses; and updates other license
fees. AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Naeole, Onishi,
Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None;
EXCUSED: None.
Bill 78: Amends Ordinance No. 08-79, as Amended, Relating to
Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2008, to June
30, 2009; Increases
ENVIRONMENTAL MANAGEMENT: Kealakehe Wastewater Treatment Plant
Aeration
Upgrade [$4,500,000] ($5,500,000); fund increase shall be
provided from: General Obligation
Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources ($1,000,000). AYES:
Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda,
Naeole, Onishi, Yagong, and
Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None.
Bi1179, Draft 2: Amends Ordinance No. 08-79, as Amended,
Relating to Public Improvements
and Financing Thereof for the Fiscal Year July 1, 2008, to
June 30, 2009; Establishes the
following program appropriations: Roadway Projects
(Engineering) ($2,000,000); Bridge
Inspection, Repair, and Replacement Program (Engineering)
($1,000,000); Americans with
Disabilities Act Curb Cut and Accessible Route Program
(Engineering) ($500,000); and Local
Road Improvements (Highways) ($3,500,000), for a total of
$7,000,000; funds shall be provided
from that portion of the Highway Fund which is designated as
the Fuel Tax Increase Account
No. 3104.06, and which consists of the increase fuel tax
revenues created pursuant to Resolution
No. 504-08. AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT:
None; EXCUSED: None.
Bi1193: Amends Ordinance No. 08-78, as Amended, the Operating
Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009; Increases
revenues in Federal Grants -
Hawai`i County Police Department (HCPD) Traffic Investigation
Program ($14,000);
appropriates same to HCPD Traffic Investigation Program. AYES:
Council Members Enriques,
Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, Yagong, and
Chair Yoshimoto - 9; NOES:
None; ABSENT: None; EXCUSED: None. .
Bill 94, Draft 2: Amends Ordinance No. 08-78, as Amended,
the Operating Budget for the
County of Hawaii for the Fiscal Year Ending June 30, 2009;
Increases revenues in Wireless
Enhanced 911 (E911) Fees ($356,666); appropriates same to
Wireless E9ll. AYES: Council
Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, Yagong, and Chair
Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None.
Bill 95: Amends Ordinance No. 08-78, as Amended, the Operating
Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2009; Appropriates
revenues in State Grants -
Office of Hawaiian Affairs (OHA) Training Grant ($25,000);
appropriates same to OHA
Training Grant. AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole,
Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT:
None; EXCUSED: None.
'~~
Kenneth G. Goodenow
COUNTY CLERK
(Hawai`i Tribune Herald -June 12, 2009)
(West Hawaii Today -June 12, 2009)
Note: The original Digest/Affidavit is
attached to Bill 66, Draft 2