Title 10. VEHICLES AND TRAFFIC*
Chapter 10.08 ADMINISTRATION AND ENFORCEMENT
10.08.010 Authority of police officials.
10.08.020 Obedience to police officers.
10.08.030 School zones.
10.08.040 Applicability.
10.08.050 Violation generally.
10.08.060 Exemptions to authorized emergency vehicles.
10.08.070 Operation of vehicles--Approach of authorized emergency vehicles.
10.08.010 Authority of police officials.
A. It shall be the duty of the officers of the police department or such
officers as are assigned by the chief of police to enforce the provisions of
this title and all of the state vehicle laws applicable to street traffic in the
county.
B. Officers of the police department or such officers as are
assigned by the chief of police, are authorized to direct all traffic by voice,
hand, or signal in conformance with the provisions of this title; provided,
however, in the event of a fire, special occasion or other emergency, or to
expedite traffic or to safeguard pedestrians, officers of the police department
may direct traffic, including the placing of signs, signals or other traffic
control devices, as the condition warrants, notwithstanding the provisions in
this chapter.
C. Officers of the police department or the designated
representatives of the chief of police are authorized to display portable signs
within certain intersections forbidding operators of vehicles to perform
specific maneuvers. The portable signs shall only be displayed at a specified
intersection during times of traffic congestion when, in the opinion of the
chief of police, such restrictions are necessary to expedite the movement of
traffic through the intersection.
D. It is unlawful for any operator of
a vehicle to disobey the instructions of any official traffic signs, signal
markers, dividing lines, or other devices of this title in or on any highway,
unless otherwise directed by a police officer.
E. 1. The chief of police
of the county shall have the authority to restrict or prohibit vehicular traffic
upon any public highway, or any portion thereof, not under the jurisdiction and
control of the department of transportation of the state of Hawaii whenever said
chief of police determines that such public highway is unsafe for travel. A
restriction or prohibition of vehicular travel upon any public highway, or any
portion thereof, shall be limited in duration to sixty days. Such sixty day
period may be extended by resolution of the council of the county. Said chief of
police may, in his discretion, close such highways to all travel, or permit
limited travel by residents or other necessary travelers. Said chief of police
may cause to be placed gates or other barriers to restrict or prevent travel on
such public highways and such signs, signal markers, dividing lines, or other
devices as said chief of police may deem proper. The closing of a public highway
pursuant to this subsection shall be temporary in nature and shall not be deemed
a permanent closing of a public highway as contemplated by Section 264-1, Hawaii
Revised Statutes.
2. The chief of police of the county shall notify the
council of the county within fourteen days after a restriction or prohibition of
vehicular travel is imposed upon any public highway or any portion
thereof.
3. The chief of police of the county shall submit a written
status report regarding the restriction or closure of a public highway or any
portion thereof to the council of the county within thirty days after a
restriction or prohibition of vehicular travel is imposed upon any public
highway or any portion thereof. Such status report shall include at least the
following information:
a. The factual basis for the restriction or
closure of a public highway; and
b. The anticipated duration of the
restriction or closure of the public highway. (Ord. 413.215 § 1, 1988: Ord.
413.132 § 1, 1979: Ord. 413 § 10-4.1, 1965)
10.08.020 Obedience to police officers.
No person shall wilfully fail or refuse to comply with any lawful order or
direction of any police officer invested by law with authority to direct,
control, or regulate traffic. (Ord. 413 § 10-4.3, 1965)
10.08.030 School zones.
It is unlawful for any operator of a vehicle or a bicycle to fail or
refuse to stop at the direction of a signal device, flagman, or person directing
traffic at or near a crosswalk or safety zone within a school zone; and it is
further declared to be unlawful for any operator of a vehicle or bicycle, when
stopped, to proceed until such signal device, flagman, or person directing
traffic at or near such crosswalk, or safety zone has given a signal to proceed
or to go ahead, or has abandoned the locality. (Ord. 413 § 10-4.4,
1965)
10.08.040 Applicability.
The provisions of this title apply to the operator of any vehicle owned by
or used in the service of the United States government, the state of Hawaii, and
the county of Maui; and it is unlawful for any such operator to violate any of
the provisions of this title, except as otherwise permitted in this title or by
any other ordinance of the county or by any federal or state law. (Ord. 413
§ 10-4.5, 1965)
10.08.050 Violation generally.
It is a violation for any person to do any act forbidden or fail to
perform any act required in this title. (Ord. 413.139 § 1, 1980: Ord. 413
§ 10-4.2, 1965)
10.08.060 Exemptions to authorized emergency vehicles.
The provisions of this title regulating the operation, parking and
standing of vehicles shall apply to authorized emergency vehicles, as defined in
this title, except as follows:
A. An operator when operating any such
vehicle in an emergency, except when otherwise directed by a police officer
may:
1. Park or stand notwithstanding the provisions of this
title;
2. Proceed, past a red light or stop signal or stop sign, but
only after slowing down as may be necessary for safe
operation;
3. Exceed the speed limits so long as he does not endanger
life or property;
4. Disregard regulations governing direction of
movement or turning in specified directions so long as he does not endanger life
or property.
B. The exemptions provided for in this title, with
reference to the movement of an authorized emergency vehicle shall apply only
when the driver of the vehicle sounds a siren, bell or exhaust whistle as may be
reasonably necessary, and the vehicle displays a lighted red lamp, or in the
case of the Maui police department only, a lighted blue lamp, visible under
normal atmospheric conditions from a distance of five hundred feet to the front
of such vehicle as a warning to others. (Ord. 413.78 § 1(a), 1974; Ord. 413
§ 10-4.6, 1965)
10.08.070 Operation of vehicles--Approach of authorized emergency vehicles.
A. Upon the immediate approach of an authorized emergency vehicle when its
operator is giving audible signal by siren, bell or exhaust whistle, the
operator of every other vehicle shall yield the right-of-way and shall
immediately operate to a position parallel to, and as close as possible to, the
right-hand edge or curb of the roadway clear of any intersection and shall stop
and remain in such position until the authorized emergency vehicle has passed,
except when otherwise directed by a police officer.
B. The provisions of
subsection A of this section shall not operate to relieve the operator of an
authorized emergency vehicle from the duty to operate with due regard for the
safety of all persons and vehicles using the roadway. (Ord. 413 § 10-4.9,
1965)
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