Title 10. VEHICLES AND TRAFFIC*
Chapter 10.28 TRAFFIC-CONTROL DEVICES
10.28.010 Specifications.
10.28.020 Obedience.
10.28.030 Enforcement.
10.28.040 Traffic-control signal.
10.28.050 Pedestrian control signals.
10.28.060 Warning lights at midblock crosswalks.
10.28.070 Flashing signals.
10.28.080 Traffic lane markings.
10.28.090 Red and green illuminated signs near traffic signals.
10.28.100 Obstruction of traffic sign or signal.
10.28.110 Unauthorized signs, signals, or markings.
10.28.120 Interference with official traffic-control devices or railroad signs or signals.
10.28.130 Temporary traffic control devices.
10.28.010 Specifications.
All traffic signs and signals shall be in accord with the specifications
set forth in the “Manual on Uniform Traffic Control
Devices”published by the American Association of State Highway Officials,
and they and all traffic-control devices, traffic lines, parking lines, markers
and buttons shall be placed and maintained by and under the direction and
supervision of the county engineer or the Maui District Engineer of the
Department of Transportation of the state. (Ord. 413 § 10-3.1,
1965)
10.28.020 Obedience.
The operator of any vehicle shall obey the instructions of any official
traffic-control device applicable thereto, placed or erected in accordance with
the provisions of this title, unless otherwise directed by a police officer;
subject, however, to the exemptions granted the operator of an authorized
emergency vehicle. (Ord. 413 § 10-6.1, 1965)
10.28.030 Enforcement.
A. When the use of signs, signals, pavement markings or other
traffic-control devices is expressly required by any provisions of this title to
be placed at the particular locations involved to give notice of the existence
and application or operation of any such provision, there shall be no
prosecution for violation of such provision, unless at the time and place of the
alleged violation such signs, signals, pavement markings, or other official
traffic-control devices were placed in accordance with the requirement of such
provision and were sufficiently legible or understandable to a person of
ordinary understanding or observation. Whenever any particular provision of this
title does not state that signs, signals, pavement markings or other
traffic-control devices are required, such provision shall be effective though
no signs, signals, pavement markings, or other traffic-control devices are
erected or in place.
B. All signs, signals, pavement markings or other
traffic-control devices placed or erected on streets, and highways shall be
deemed official, i.e. authorized by the board of supervisors or official having
jurisdiction, for the purpose of regulating, warning, or guiding traffic. (Ord.
413 § 10-6.2, 1965)
10.28.040 Traffic-control signal.
Whenever traffic is controlled by traffic-control signals exhibiting the
words “Go,” “Caution,” or “Stop,” or
exhibiting different colored lights successively, one at a time, or with arrows,
the following colors only shall be used and the words and lights shall indicate
and apply to operators of vehicles and pedestrians as follows:
A. Green
Alone or “Go.”
1. Vehicular traffic facing the signal may
proceed straight through or turn right or left unless a sign at
such
place prohibits either such turn. But vehicular traffic, including
vehicles turning right or left, shall yield the right-of-way to other vehicles
and to pedestrians lawfully within the intersection of an adjacent crosswalk at
the time such signal is exhibited.
2. Pedestrians facing the signal may
proceed across the roadway within any marked or unmarked
crosswalk.
B. Yellow Alone or “Caution” When Shown Following
the Green or “Go” Signal.
1. Vehicular traffic facing the
signal is thereby warned that the red or “Stop” signal will be
exhibited immediately thereafter, and such vehicular traffic shall not enter or
be crossing the intersection when the red or “Stop” signal is
exhibited.
2. Pedestrians facing such signal are thereby warned that
there is insufficient time to cross the roadway, and any pedestrian then
starting to cross shall yield the right-of-way to all vehicles.
C. Red
Alone or “Stop.” Vehicular traffic facing the signal is prohibited
from making a right turn at the following location: at the intersection of Main
Street and Market Street, from Main Street onto Market Street.
D. Red
with Green Arrow.
1. Vehicular traffic facing such signal may cautiously
enter the intersection only to make the movement in the
direction
indicated by such green arrow, but shall yield the right-of-way to pedestrians
lawfully within a crosswalk and to other traffic lawfully using the
intersection.
2. No pedestrian facing such signal shall enter the
roadway whether in a cross walk or otherwise.
E. In the event an
official traffic-control signal is erected and maintained at a place other than
an intersection, the provisions set forth in this section shall be applicable,
except as to those provisions which by their nature can have no
application.
F. Any stop required shall be made at a sign or marking on
the pavement indicating where the stop shall be made, but in the absence of any
such sign or marking the stop shall be made at the nearest crosswalk at the
intersection, or at the prolongation of the property lines. (Ord. 413.57 §
1, 1973; Ord. 413 § 10-6.3, 1965)
10.28.050 Pedestrian control signals.
Whenever special pedestrian control signals exhibiting the words
“Walk” or “Wait,” or exhibiting different colored lights
successively one at a time, the following colors only shall be used and the
words and lights shall indicate and apply to pedestrians as
follows:
A. Green or “Walk.” Pedestrians facing such signal
may proceed across the roadway in the direction of the signal and shall be given
the right-of-way by the operators of all vehicles.
B. Red or
“Wait.” No pedestrian shall start to cross the roadway in the
direction of such signal, but any pedestrian who has partially completed his
crossing on the green or “Walk” signal shall proceed to a sidewalk
or safety island while the red or “Wait” signal is showing. (Ord.
413 § 10-6.4, 1965)
10.28.060 Warning lights at midblock crosswalks.
Whenever distinctive amber colored lamps are placed at midblock
crosswalks, they shall require vehicle operators to exercise caution when
approaching such crosswalks. (Ord. 413 § 10-6.5, 1965)
10.28.070 Flashing signals.
Whenever flashing red or yellow signals are used, they shall require
obedience by vehicular traffic as follows:
A. Flashing Red (Stop
Signal). When a red lens is illuminated with rapid intermittent flashes,
operators of vehicles shall stop before entering the nearest crosswalk at an
intersection or at a stop line when marked, and the right to proceed shall be
subject to the rules applicable after making a stop at a stop
sign.
B. Flashing Yellow (Caution Signal). When a yellow lens is
illuminated with rapid intermittent flashes, operators of vehicles may proceed
through the intersection or pass such signal only with caution. (Ord. 413 §
10-6.6, 1965)
10.28.080 Traffic lane markings.
A. Whenever traffic is controlled by pavement markings, such markings
shall be controlled as set forth in the manual of uniform control devices
published by the American Association of State Highway
Officials.
B. When a broken line is used for a centerline or lane line,
such a line is a guide and may be crossed by vehicular traffic.
C. When
a solid line is used for a centerline or lane line, the line is of a regulatory
character and shall not be crossed by vehicular traffic, except when turning
into or out of private driveways or intersecting highways.
D. In a
combination of solid and broken lines, vehicular traffic is controlled by the
line appearing in the lane in which the vehicle is travelling. When a solid line
is in the same lane as the vehicle, the line shall not be crossed when
overtaking and passing other vehicles, except when turning into or out of
private driveways. When the broken line is in the same lane as the vehicle, the
line may be crossed when overtaking and passing other vehicles or turning into
or out of private driveways.
E. A double, solid line shall not be
crossed at any time when overtaking and passing other vehicles, except when
turning into and out of private driveways or intersecting
highways.
F. When traffic cones are used by proper authority to
temporarily control the flow of traffic in lanes other than those designated by
the permanent pavement markings, the lines designated by the cones shall control
and have the same regulatory effect as the permanent markings. (Ord. 413 §
10-6.11, 1965)
10.28.090 Red and green illuminated signs near traffic signals.
A. No person shall erect or maintain any red or green light or red or
green neon sign within seventy-five feet of any intersection where traffic is
controlled by signal lights without first obtaining a written permit from the
county engineer certifying that such light or sign at the specified location
does not constitute undue distraction to a vehicle operator acting in obedience
to the directions of the traffic signal lights.
B. The owner or operator
of any existing red or green light or red or green neon sign located within
seventy-five feet of an intersection where traffic is controlled by signal
lights shall not renew or replace such light or sign without first obtaining a
written permit from the county engineer certifying that such light or sign at
the specified location does not constitute undue distraction to a vehicle
operator acting in obedience to the directions of the traffic signal lights.
(Ord. 413 § 10-6.10, 1965)
10.28.100 Obstruction of traffic sign or signal.
No person shall hang, suspend, place or construct any awning, frame,
balcony, cornice, or any other projection so as to obstruct the visibility of
any traffic sign or signal placed or erected as authorized or required by law.
(Ord. 413 § 10-6.9, 1965)
10.28.110 Unauthorized signs, signals, or markings.
A. No person shall maintain or display upon or place in view of any
highway any unauthorized sign, signal, marking, or device which purports to be
or is an imitation of, or resembles an official traffic-control signal or sign
or railroad sign or signal, or which hides from view or interferes with the
effectiveness of any official control device or any railroad sign or signal; and
no person shall place or maintain, nor shall any public authority permit upon
any highway any traffic sign or signal to have thereon any commercial
advertising. This shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving the useful directional information
of a type that cannot be mistaken for official signs, signals, or other
traffic-control devices.
B. In addition to the penalties provided for
the violation of any of the provisions of this section, every such prohibited
sign, signal, or marking is declared to be a public nuisance, and the chief of
police is empowered and directed to remove the same or cause it to be removed
without notice. (Ord. 413 § 10-6.7, 1965)
10.28.120 Interference with official traffic-control devices or railroad signs or signals.
No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic-control device or any
railroad sign or signal or any inscription, shield or insignia thereon, or any
other part thereof. (Ord. 413 § 10-6.8, 1965)
10.28.130 Temporary traffic control devices.
The director of public works and waste management may authorize any
approved traffic control device to be placed on any highway under the
jurisdiction of the County without the approval of the council provided the
placement of the traffic control device is limited to eight weeks or less.
During that period, the department of public works and waste management shall
monitor the traffic control device and submit a report to the council for
further action. (Ord. 413.295 § 1, 2000)
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