* Ords. 413.21, 413.69, 413.84, 413.196, 413.225, 413.246 and 413.251.

This title shall constitute the traffic code of the County of Maui and may be cited as “Maui Traffic Code” or “Traffic Code of the County of Maui.” (Ord. 413 § 10-1.1, 1965)

The provisions set forth in this title are necessary to secure an adequate and improved code for the regulation and control of traffic upon the streets and highways of the county. (Ord. 413 § 10-1.2, 1965)

The following words and phrases when used in this title shall, for the purposes thereof, have the meanings respectively ascribed to them in this section, unless it shall be apparent from the context that a different meaning is intended.

“Acceleration lane” means a short supplementary traffic lane immediately adjacent to an intersection by use of which vehicles may enter the intersecting roadway and accelerate to the general speed of passing traffic thereon before emerging onto the continuous lanes of such roadway.

“Alley” means a narrow highway primarily devoted to the use of nonpassenger vehicles carrying goods or merchandise to or from premises having service entrances located on such highway.

“Authorized emergency vehicle” means any vehicle of the department of fire and public safety or police vehicle, all ambulances, and such emergency vehicles of government departments or used in public service as are designated or authorized by the council of the County of Maui.

“Bicycle” means any device propelled solely by human power upon which any person may ride, having two tandem wheels.

“Bicycle lane” means that portion of a roadway set aside for the use of either one-way or two-way bicycle traffic.

“Bicycle path” means a pathway for bicycles and pedestrians physically separated from motor traffic.

“Bikeway” means a general term including bicycle lanes or bicycle paths.

“Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

“Business district” means the territory contiguous to the highway when fifty percent or more of the frontage thereon for a distance of five hundred feet or more is built upon either or both sides, with buildings in use for business purposes, and where signs showing the maximum limits of speed permitted within such zone are erected and maintained at the limits thereof.

“Channelized intersection” means the intersection of two or more streets whereat traffic is directed by means of raised curbings or painted pavement markings along a special lane or channel for right turns, left turns, or straight-through movements.

“Crosswalk” means:

1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;

2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

“Cul-de-sac” means that portion of a street designed with only one end open to traffic and with an unobstructed turnaround area for vehicular traffic at the end of the street.

“Dead end street” means a street with only one end open to traffic.

“Decelerating lane” means a short supplementary traffic lane immediately adjacent to an intersection by use of which vehicles may leave the continuous lanes of a roadway and decelerate for a stop or a turn without retarding the flow of traffic on the continuous lanes of the roadway.

“Divided highway” means a highway divided into two or more separate roadways by medial strips.

“Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.

“Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

“Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a closed-cup test device.

“Intersection” means the area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadway of two highways which join at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

“Limited-access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the council of the County of Maui.

“Laned roadway” means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.

“Medial strip” means a strip or area lying along the middle and between the paved portions of a highway which is designed to divide vehicular traffic on such highway into two opposite directions. The term shall not include traffic lines painted on a highway.

“Metal tire” means every tire, the surface of which when in contact with the highway, is wholly or partly of metal or other hard nonresilient material.

“Moped” means a device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the society of automotive engineers standards, of two horsepower (one thousand, four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the driver system is engaged with the power unit.

“Motor vehicle” means every vehicle which is self-propelled and not operated upon rails.

“Motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

“Motorscooter” means any vehicle hung low on two or more wheels and propelled by a gasoline engine of more than five horsepower.

“Official standard time” means whenever certain hours are named in this chapter they mean standard time or daylight saving time as may be in current use in the County.

“Official traffic-control devices” means all signs, signals, pavement markings and devices not inconsistent with this title, placed or erected by authority of the council of the County of Maui or officials having jurisdiction, for the purposes of regulating, warning, or guiding traffic.

“Operate” means drive, propel, or cause to be operated, driven or propelled.

“Operator” means every person who drives or operates, or is in actual physical control of, a vehicle.

“Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

“Parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading either freight or passengers.

“Pedestrian” means any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot.

“Person” means every natural person, firm, co-partnership, association, or corporation.

“Pneumatic tire” means every tire in which compressed air is designed to support the load.

“Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

“Police officer” means every officer of the department of police of the County and any other officer authorized by the chief of police to direct or regulate traffic or to make arrests for violations of traffic regulations.

“Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

“Public holiday” means all legal holidays now existing, or such as may be subsequently specifically proclaimed by the governor of the State, and all Saturdays after the hour of one p.m.

“Railroad” means a carrier of persons or property upon cars operated upon stationary rails.

“Railroad sign or signal” means any sign, signal, or device erected by authority of the council of the County of Maui or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

“Railroad train” means a steam engine, electric or other motor with or without cars coupled thereto, operated upon rails.

“Reconstructed vehicle” means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which if originally otherwise constructed, shall have been materially altered by the removal of essential parts, new or used, derived from other vehicles, or makes of vehicles.

“Residence district” means the territory contiguous to a highway, not comprising a business district, having dwelling houses and/or business structures on either or both sides of such highway, and where signs showing the maximum limits of speed permitted within such zones are erected and maintained at the limits thereof.

“Right-of-way” means the privilege of the immediate priority of use of the roadway.

“Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

“Roadway” means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, roadway, as used in this chapter, refers to any such roadway separately but not to all such roadways collectively.

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

“School bus” means every motor vehicle as defined in section 286-181, Hawaii Revised Statutes, and any regulations promulgated pursuant thereto by the department of education.

“School zone” means the highway opposite and contiguous to school buildings and grounds thereof including a distance of not more than one thousand feet on either side of the property lines thereof and where signs are placed and maintained at the outside limits of such zone designating the same.

“Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

“Sidewalk” means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

“Slow-moving vehicle” means any device, not propelled by motorized equipment, in, upon, or by which, any person or property is, or may be transported or drawn upon a street or highway, including a device drawn by a horse, but excluding a bicycle.

“Solid tire” means every tire or rubber or other resilient material which does not depend upon compressed air for the support of the load.

“Stop” means the complete cessation of movement.

“Stop, stopping or standing” means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

“Street or highway” means the entire width between the boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular and pedestrian travel.

“Through highway” means any street or highway, or part thereof, at which signs require every operator to bring his vehicle to a full stop before entering or crossing such street or highway, except when traffic at points of entrance or crossing is controlled by police officers or official traffic-control signals or signs.

“Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

“Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for the purposes of travel.

“Traffic-control signals” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

“Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.

“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Ord. 413.309 § 1, 2003: Ord. 413 § 10-2.1 (part), 1965)