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)