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)