Chapter 10.48 STOPPING, STANDING AND PARKING*

10.48.010 Stopping outside of business or residence district.

10.48.020 Obstruction of traffic.

10.48.030 Prohibited in certain places.

10.48.040 Prohibited on certain streets and highways.

10.48.050 Limited parking--Five minutes.

10.48.070 Limited parking--Fifteen minutes.

10.48.080 Limited parking--Sixty minutes.

10.48.090 Limited parking--Sixty minutes.

10.48.095 Limited parking--one hundred twenty minutes.

10.48.096 Limited parking--one hundred eighty minutes.

10.48.100 Parking for disabled persons--Definitions.

10.48.103 Issuance of placards and penalties for violations.

10.48.105 Unauthorized use of specially designated parking places for disabled persons.

10.48.106 Volunteer disabled parking enforcement pilot program.

10.48.110 All night parking.

10.48.120 Parking stalls.

10.48.130 Standing or parking requirements.

10.48.140 Angle parking.

10.48.150 Prohibited standing, stopping, or parking of buses.

10.48.160 Parking for certain purposes prohibited.

10.48.180 Requirements for unattended motor vehicles.

10.48.190 Removal--Illegally stopped vehicles.

10.48.200 Removal--Abandoned vehicles.

10.48.210 Removal--Procedure.

10.48.220 Tow-away zones.

10.48.230 Violation--Evidence--Owner’s responsibility.

10.48.240 Interference with parking enforcement systems.

10.48.250 Public beach access parking.


* For statutory provisions on stopping, standing and parking, see Hawaii Revised Statutes § 291C-111 et seq.; for authority of counties to adopt requirements on stopping, standing and parking, see Hawaii Revised Statutes § 291C-163(24). For provisions on parking in County parks, see § 10.52.070.B of this code.

10.48.010 Stopping outside of business or residence district.

A. Upon any highway outside of a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or mainly traveled part of the highway when it is practical to stop, park, or to leave such vehicle off such part of the highway; but in every event an unobstructed width of highway opposite a standing vehicle shall be left for free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of two hundred feet in each direction upon such highway.

B. The provisions of subsection A of this section shall not apply to the operator of a vehicle which is disabled while on the paved or mainly traveled portion of the highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (Ord. 413 § 10-13.1, 1965)

10.48.020 Obstruction of traffic.

No person shall park any vehicle upon a street or alley in such manner or under such conditions as to leave available less than ten feet of the width of the street or alley from the free movement of vehicular traffic. (Ord. 413 § 10-13.4, 1965)

10.48.030 Prohibited in certain places.

A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the law or the direction of a police officer or traffic control device, in any of the following places:

1. On a sidewalk;

2. Within four feet of either side of a public or private driveway;

3. Within an intersection;

4. Within ten feet of a fire hydrant; provided, however, that this provision shall not apply when the operator of a vehicle stops, stands, or parks such vehicle at or near a fire hydrant while and as long as he remains seated in the driver’s seat;

5. On a crosswalk;

6. Within twenty feet of a crosswalk at an intersection;

7. Within thirty feet upon the approach to any flashing beacon or stop sign located at the side of a roadway;

8. Within seventy-five feet upon any street or highway to any traffic control signal, unless extended by official signs;

9. Within fifty feet of the nearest rail of a railroad crossing;

10. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

11. On the roadway side of any vehicle stopped or parked at the edge of a roadway;

12. Upon any bridge and for fifty feet on either side of any bridge or other elevated structure upon a highway or within a highway tunnel;

13. Any place where official signs prohibit stopping;

14. In front of the entrance of any theater during the hours moving pictures or legitimate play productions are being exhibited therein; provided, however, that this provision shall not apply when the operator of a vehicle stops temporarily before such entrance for the purpose of loading or unloading passengers;

15. On either side of any street with a traffic way of eighteen feet or less when official signs are erected, giving notice thereof;

16. Within that portion of a cul-de-sac or a dead end street between official signs prohibiting stopping;

17. In front of a business or residential entryway gate, hedge opening, fence opening, or rock/concrete wall opening, where there is no sidewalk along the frontage of the property;

18. In front of an official United States Postal Service mailbox, where there is no sidewalk, from Monday through Saturday between the hours of seven-thirty a.m. and four-thirty p.m.; provided, however, that this provision shall not apply to postal delivery vehicles.

B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb to such a distance as is unlawful. (Ord. 413.261 § 1, 1993; Ord. 413.225 § 3, 1989: Ord. 413.32 § 1(a), 1970: Ord. 413 § 10-13.3, 1965)

10.48.040 Prohibited on certain streets and highways.

A. Wailuku District.

1. On both sides of Pili Street in Wailuku, between Market Street and Church Street;

2. On the south side of Wells Street in Wailuku, between the corner of Wells and High Streets and the concrete sidewalk running from Wells Street to the front entrance of the Court House;

3. On the north side of Vineyard Street from a point eighty-six and one-half feet west of North Church Street to North High Street;

4. On the north side of Vineyard Street, between Central Avenue and Market Street in Wailuku;

5. On the east side of South Market Street, between Wells Street and Pakahi Street;

6. On both sides of West Main Street from thirty feet west of and sixty feet east of culvert located one hundred fifty yards east of intersection of West Main Street and Ilina Street;

7. On the east side of North Market Street from Kapoai Place to driveway leading to Liko Place;

8. On both sides of Kinipopo Street;

9. On the north side of Wells Street in Wailuku from the intersection of High Street and Wells Street to Kinipopo Street;

10. On the west side of Central Avenue from East Main and Kaahumanu Avenue from East Main and Kaahumanu Avenue to a point opposite Maluhia Drive;

11. On the east side of North High Street from West Main to Vineyard Street;

12. On both sides of the paved portion of Kinipopo Street;

13. On the south side of Aupuni Street from South High Street to Awapuhi Street;

14. On the north side of Lower Main Street from the intersection of Mill Street to Kaniela Street;

15. On the west side of Kinipopo Street in Wailuku from the intersection of Wells Street to the intersection of Oihana Street;

16. On the south side of West Main Street in Wailuku from the intersection of Ilina Street to five hundred feet west of the intersection of High Street;

17. On the south side of Mokuhau Place in Wailuku from the end of the road at the turnaround area for a distance of .3 mile east of the point;

18. On the west side of North Church Street in Wailuku from Waikane Place to the intersection of Vineyard Street;

19. On the west side of Hinano Street in Wailuku from the intersection of Olu Drive to the intersection of Vineyard Street;

20. On the west side of North Market Street in Wailuku, starting from a point one hundred feet north of Kahawai Street for a distance of one hundred seventy feet north from that point;

21. On the west side of Central Avenue from the intersection of Mill Street to East Main Street;

22. On the south side of Mill Street, between Poles No. 6 and 7 of Maui Electric Co., Ltd.;

23. On the south side of Pakahi Street in Wailuku from South Church Street to South Market Street;

24. On the south side of Palua Street in Wailuku from South Church Street to South Market Street;

25. On the south side of Kaohu Street in Wailuku from High Street for a distance of ninety-six feet;

26. On the east side of Kalawi Street, beginning one hundred twenty-eight feet south from the intersection of Kaohu Street for a distance of eighty feet around a sharp curve;

27. On the makai side of Koeli Street in Wailuku, beginning thirty feet from the intersection with Malako Street for a distance of three hundred seventy-three feet; provided, that such prohibited parking shall be applicable only on school days, between the hours of seven a.m. to eight a.m. and one-thirty p.m. to two-thirty p.m.;

28. On the north side of Kaohu Street from its intersection with Kalawi Place and South Market Street to the Kalana O Maui parking lot;

29. On the south side of Kaohu Street from Kalawi Place to Kiele Street on school days only, between the hours of seven a.m. and eight a.m. and between the hours of two p.m. and three p.m., except on Wednesdays when such hours shall be between seven a.m. and eight a.m. and between one p.m. and two p.m.;

30. On the mauka (west) side of Kalua Road from the prolongation of Kaohu Street to a point eighty-five feet south of the intersection;

31. On the west side of Mission Street, for a distance of ninety-one feet in the southerly direction from the intersection of Mission Street and Mill Street;

32. On both sides of Lono Avenue from its intersection with Kaahumanu Avenue to its intersection with Kamehameha Avenue;

33. On the west side of Puunene Avenue, beginning at the junction of Puunene Avenue and Mokulele Highway and extending to a point approximately one hundred forty feet south of the intersection;

34. On the west side of Awapuhi Place in Wailuku;

35. On both sides of Ainahou Place;

36. On the south side of Wells Street, within twenty feet on either side of the driveway to Wells park tennis court parking lot;

37. On the south side of Wells Street, within seventy feet from the west edge of South Market Street;

38. On both sides of South Market Street, between Wells Street and Pakahi Street;

39. On the north side of Main Street in Wailuku, beginning at Puahau Lane and extending west for a distance of eighty feet;

40. On the north side of Main Street in Wailuku, beginning at Puahau Lane and extending east for a distance of eighty feet;

41. On both sides of Kaikoo Street, beginning at its intersection with Waiehu Beach Road and extending for a distance of one hundred ten feet;

42. On both sides of North Street, between Central Avenue and Hinano Street;

43. On the east side of Lunalilo Street, beginning at its intersection with Kaahumanu Avenue to a distance of one hundred feet north of the northern property line of the parcel of land identified by tax map key number (2) 3-8-007:057.

B. Lahaina District.

1. On the east side of Front Street, between Dickenson Street and Prison Road at Lahaina;

2. On the south side of Lahainaluna Street going toward Lahainaluna High School, between Collins Park and the Pioneer Mill Company’s Clubhouse at Lahaina;

3. On both sides of the entire roadway within the Lahaina Civic Center Complex from its intersection with Honoapiilani Highway;

4. On the west side of Luakini Street, between Lahainaluna Road and Prison Street;

5. On the south side of Prison Street in Lahaina from Luakini Street to Honoapiilani Highway;

6. On the east side of Front Street in Lahaina, between Kapunakea Street and Kahoma Stream or Unahiole Circle;

7. On the Kaanapali side of Papelekane Street from Wharf Street to Front Street;

8. On both sides of Prison Street from Front Street to Luakini Street;

9. On both sides of Dickenson Street from Front Street to Luakini Street;

10. On both sides of Front Street from Wong Store to the Lahaina Broiler;

11. At the Kaanapali end of Wharf Street at its intersection with Papelekane Street;

12. On the Kaanapali side of Lahainaluna Street from Laukini Street to Honoapiilani Highway;

13. On the mauka side of Front Street in Lahaina, between Wahie Lane and Papalaua Street;

14. On both sides of Wahie Lane in Lahaina;

15. On the makai side of Front Street for a distance of one hundred twenty-one feet south of the north property line of Whaler’s Market Place, between the hours of nine a.m. and nine p.m.;

16. On the makai side of Front Street for a distance of one hundred seventeen feet north of the south property line of Whaler’s Market Place, between the hours of nine a.m. and nine p.m. each day; provided, that any bus certified by the public utilities commission of the State shall be permitted to stop, stand, or park in the loading and unloading zone for the purpose of loading and unloading passengers, and then only for a period not to exceed fifteen minutes;

17. On the west side of Wainee Street from the intersection of its centerline of Dickenson Street to a point two hundred sixty feet north of the intersection, between the hours of seven a.m. and two-thirty p.m., Monday through Friday, except public holidays;

18. On both sides of Laukini Street, between Hale Street and Dickenson Street;

19. On the south side of Lahainaluna Road, between Wainee Street and Honoapiilani Highway;

20. Along the west side of Front Street from a point one hundred feet north of the four-foot wide pedestrian access easement located upon the parcel of land identified by tax map key number (2) 4-6-002:002, to a point one hundred feet south of the easement;

21. On the Kaanapali side of Aholo Street;

22. On the Kaanapali side of Wiliko Place;

23. On both sides of Hinau Street, between Honoapiilani Highway and Limahana Place;

24. On the Kaanapali side of Dickenson Street from Honoapiilani Highway to Wainee Street;

25. On the mauka side of Wainee Street from Lahainaluna Road to Dickenson Street;

26. On the makai side of Wainee Street from Waianae Place to Prison Street;

27. On the makai side of Lower Honoapiilani Road from its intersection with Kaanapali Shores Drive to Honokowai to its intersection with Kapalua Place in Kapalua;

28. On both sides of Kapunakea Street, between Front Street and Honoapiilani Highway;

29. On the Kaanapali side of Panaewa Place;

30. On the Kaanapali side of Panaewa Street;

31. On the south side of Puukolii Road, beginning at Kalapu Drive through the end of Puukolii Road;

32. On both sides of Kumukahi Street, between Kuialua Street and Niheu Street applicable only on school days, between the hours of seven a.m. and eight a.m. and one p.m. and two-thirty p.m.;

33. On both sides of Akahele Street, between Honoapiilani Highway and Mahinahina Street.

C. Makawao District.

1. On the north side of Makawao Avenue from the intersection of Makawao Avenue and Baldwin Avenue to a point one hundred fifty feet west of the intersection at Makawao;

2. On the west side of Baldwin Avenue, Paia, from the entrance to Paia Mill warehouse for a distance of two hundred feet in the direction of Makawao;

3. On the mauka side of Hana Highway in Pauwela, between Haiku School Road and West Kuiaha Road;

4. On the south side of Makawao in Makawao from the intersection of Makawao Avenue and Baldwin Avenue to a point seventy feet west of the intersection applicable only on school days from seven a.m. to eight-thirty a.m. and from two p.m. to three-thirty p.m.;

5. On the north side of Haliimaile Road for a distance of approximately thirty feet from the Haleakala Junction;

6. On both sides of Kilakila Place in Pukalani, within three hundred feet of its intersection with Haleakala Highway;

7. On both sides of Kokomo Road, between Haiku Road and Lowrie Ditch;

8. On both sides of Ulumau Place.

D. Lanai District.

1. On the west side of Lanai Avenue, between Sixth and Seventh Streets;

2. On both sides of Seventh Street, between Koele Street and Lanai Avenue;

3. On both sides of Sixth Street, between Lanai Avenue and Frazer Avenue; provided, that such prohibition shall be only during school days during the hours of seven a.m. and three-thirty p.m.

E. Hana District.

On Keawa Place in Hana fronting Helene Hall, for a distance of one hundred forty-six feet.

F. Molokai District.

On both sides of Ailoa Street in Kaunakakai, Molokai, for a distance of fifty feet on both sides of the crosswalk fronting Kaunakakai School cafetorium, provided, that such prohibition shall be only during school days during the hours of seven a.m. to three-thirty p.m.

G. Kihei District.

1. On both sides of Lipoa Street, between Piilani Highway and South Kihei Road;

2. On the makai side of South Kihei Road from the intersection of South Kihei Road and Okolani Drive to the end of the cul-de-sac at the Keawakapu Beach parking lot, including the cul-de-sac, provided that vehicles shall be permitted to park on the makai side of South Kihei Road from the intersection of South Kihei Road and Okolani Drive to the end of the cul-de-sac at the Keawakapu Beach parking lot, excluding the cul-de-sac, from seven a.m. to seven p.m. for the sole purpose of facilitating access to the shoreline for recreational purposes.

As used in this section, “recreational purposes” mean fishing, swimming, boating, picnicking, hiking, nature study, water skiing, and viewing or enjoying historical, archaeological, scenic, or scientific sites;

3. On the mauka side of South Kihei Road from the end of the cul-de-sac at the Keawakapu Beach parking lot to a point approximately two hundred eighty feet north of the center of the cul-de-sac (Wailea Ekahi driveway entrance), from seven p.m. to seven a.m.;

4. On the mauka side of South Kihei Road from a point approximately two hundred eighty feet north of the center of the cul-de-sac (Wailea Ekahi driveway entrance), to the intersection of South Kihei Road and Okolani Drive. (Ord. 413.321 § 1, 2008; Ord. 413.317 § 1, 2005; Ord. 413.310 § 1, 2004: Ord. 413.300 § 1, 2001; Ord. 413.292 § 1, 1999; Ord. 413.291 § 1, 1999; Ord. 413.284 § 1, 1997; Ord. 413.279 § 1, 1997; Ord. 413.276 § 1, 1996; Ord. 413.252 § 1, 1992: Ord. 413.248 § 1, 1991; Ord. 413.243 § 1, 1991; Ord. 413.242 § 1, 1991; Ord. 413.220 § 1, 1989; Ord. 413.217 § 1, 1989; Ord. 413.214 § 1, 1988; Ord. 413.213 § 1, 1988; Ord. 413.207 § 1, 1987; Ord. 413.195 § 1, 1986; Ord. 413.193 § 1, 1985; Ord. 413.192 § 1, 1985; Ord. 413.185 § 1, 1985; Ord. 413.183 § 2, 1984; Ord. 413.176 § 2, 1983; Ord. 413.167 § 1, 1982; Ord. 413.158 § 1, 1980; Ord. 443.151 § 1, 1980; Ord. 413.149 § 1, 1980; Ord. 413.143 § 1(a), 1980: Ord. 413.122 § 1, 1978; Ord. 413.121 § 1, 1978; Ord. 413.120 § 1, 1978; Ord. 413.109 § 1, 1978; Ord. 413.105 § 1, 1978; Ord. 413.102 §§ 1, 2, 1977; Ord. 413.100 § 1, 1977; Ord. 413.99 § 1, 1977; Ord. 413.97 § 1, 1977; Ord. 413.83 § 1, 1975; Ord. 413.75 § 1(a), (b), 1974; Ord. 413.68 § 1, 1974; Ord. 413.67 § 1, 1973; Ord. 413.61 § 1, 1973; Ord. 413.59 § 1(b), 1973; Ord. 413.58 § 1, 1973; Ord. 413.54 § 1, 1973; Ord. 413.51 § 1, 1972; Ord. 413.49 § 1, 1972; Ord. 413.44 § 1, 1971; Ord. 413.28 § 1(a), 1969; Ord. 413.20 § 1(b), 1969: Ord. 413.19 § 1(b)--(d), 1969; Ord. 413.12 § 1, 1968; Ord. 413.11 § 1, 1968; Ord. 413.3 § 1(a), 1966; Ord. 413.2 § 1(a), 1965; Ord. 413 § 10-13.5, 1965)

10.48.050 Limited parking--Five minutes.

The operator of any vehicle shall not park such vehicle for a continuous period longer than five minutes on the following street or portion of street: Lahaina district, in front of the Pioneer Inn on the entrance side for four stalls. (Ord. 413.19 § 1(f), 1969: Ord. 413 § 10-13.8A, 1965)

10.48.070 Limited parking--Fifteen minutes.

The operator of any vehicle shall not park such vehicle for a continuous period longer than fifteen minutes on the following streets or highways, or portions of streets or highways, provided, however, that the restriction shall not apply to Sundays and holidays:

A. Makawao District.

On the south side of Makawao Avenue in front of the Makawao Post Office, for a distance of forty-eight feet, extending westerly from a point one hundred fifty feet west of the intersection of Baldwin Avenue and Makawao Avenue.

B. Molokai District.

Within and upon each of the four parking stalls on the east side of Ala Malama Avenue, two of the parking stalls being established, marked, and designated in accordance with the provisions of this title on the north side of a crosswalk on Ala Malama Avenue, fronting the Kaunakakai Post Office, and two of the parking stalls being so established, marked, and designated south of the crosswalk. (Ord. 413 § 10-13.7, 1965)

10.48.080 Limited parking--Sixty minutes.

The operator of any vehicle shall not park such vehicle for a continuous period longer than sixty minutes on the following street or portion of street: Molokai district, on Ala Malama Avenue from Tamura Store and Mid-Nite Inn to the Bank of Hawaii and the County library from nine a.m. to six p.m., except in front of the Kaunakakai Post Office. (Ord. 413.19 § 1(g), 1969: Ord. 413 § 10-13.8B, 1965)

10.48.090 Limited parking--Sixty minutes.

The driver of any vehicle shall not park such vehicle for a continuous period longer than sixty minutes between the hours of eight a.m. and six p.m. on the following streets, or portions of streets, where parking is not restricted by other sections of this chapter; provided, however, that the restriction shall not apply to Sundays and holidays:

A. Wailuku District.

1. On the north side of Hoohana Street in Kahului, beginning at its intersection with Hukilike Street, extending a length of two hundred eighty feet; and

2. On the north side of Lalo Street in Kahului beginning four hundred thirty-five feet from the intersection with Alamaha Place and extending three hundred fifteen feet towards Hukilike Street.

B. Lahaina District.

1. Lahainaluna Road, from Front Street to Wainee Street.

C. Makawao District.

1. On both sides of Baldwin Avenue from Pua Lane to the junction of Baldwin Avenue and Hana Highway.

2. On the east side of Baldwin Avenue, from Pua Place to Melia Place.

D. Molokai District.

1. On Ala Malama Avenue from its intersection at Kamoi Street to its intersection at Makaena Drive; and

2. On Mohala Street from its intersection at Ala Malama Avenue to its intersection at Kamehameha V Highway. (Ord. 413.315 § 1, 2005; Ord. 413.294 § 1, 2000: Ord. 413.293 § 2, 1999; Ord. 413.278 § 1, 1997; Ord. 413.268 § 1, 1994; Ord. 413.263 § 1, 1993; Ord. 413.255 § 1, 1992; Ord. 413.249 § 1, 1991; Ord. 413.244 § 1, 1991; Ord. 413.238 § 1, 1990; Ord. 413.218 § 1, 1989; Ord. 413.200 § 1, 1986; Ord. 413.163 § 1, 1981; Ord. 413.160 §§ 1, 2, 1980; Ord. 413.153 § 1, 1980; Ord. 413.147 § 1, 1979; Ord. 413.129 § 1, 1979; Ord. 413.111 § 1, 1978; Ord. 413.101 § 1, 1977; Ord. 413.89 § 1, 1976; Ord. 413.74 § 1(a), 1974; Ord. 413.63 § 1(a), 1973; Ord. 413.41 § 1, 1971; Ord. 413.28 § 1(b), 1969; Ord. 413.20 § 1(f), 1969; Ord. 413.19 § 1(e), 1969; Ord. 413 § 10-13.6, 1965)

10.48.095 Limited parking--one hundred twenty minutes.

The driver of any vehicle shall not park that vehicle for a continuous period longer than one hundred twenty minutes between the hours of eight a.m. and six p.m. on the following streets, or portions of streets, where parking is not restricted by other sections of this chapter; provided, however, that the restriction shall not apply to Sundays and holidays:

A. Makawao District.

1. Baldwin Avenue from Makawao Avenue to Brewer Road; and

2. On the south side of Makawao Avenue between Olinda Road and Ai Street.

B. Wailuku District.

1. Market Street, from Main Street to Mill Street;

2. Market Street, from Main Street to Wells Street;

3. Vineyard Street, from Market Street to High Street;

4. Church Street, from Vineyard Street to Wells Street;

5. Wells Street, from South High Street to Church Street, provided that this restriction shall not apply on Saturdays;

6. Wells Street, from Church Street to Kinipopo Street;

7. Maluhia Drive, from East Main Street to Central Avenue;

8. On the north side of Aupuni Street, from High Street to Awapuhi Street, provided that this restriction shall not apply on Saturdays;

9. On the east side of Central Avenue, from Loke Street to Vineyard Street;

10. Kaohu Street, from South High Street to Kiele Street, provided that this restriction shall not apply on Saturdays;

11. On the south side of Kaohu Street, beginning approximately one hundred fifty feet east of South Market Street, extending eighty feet east;

12. On the north side of Kaohu Street, beginning approximately fifty feet east of South Market Street, extending forty feet east; and

13. On Market Street, from Kapoai Place to Alahee Drive. (Ord. 413.314 § 2, 2004; Ord. 413.305 § 1, 2002: Ord. 413.296 § 1, 2000: Ord. 413.294 § 2, 2000: Ord. 413.293 § 3, 1999; Ord. 413.278 § 2, 1997; Ord. 413.256 § 1, 1992; Ord. 413.255 § 2, 1992)

10.48.096 Limited parking--one hundred eighty minutes.

A. The driver of any vehicle shall not park that vehicle for a continuous period longer than one hundred eighty minutes between the hours of five a.m. and three thirty a.m. on the following streets, where marked stalls are provided and where parking is not restricted by other sections of this chapter; provided, however, that the restriction shall not apply to Sundays and holidays:

1. Lahaina District.

a. On Front Street, from Dickenson Street to Kukui Street;

b. On Front Street, from Prison Street to Papalaua Street;

c. On the west side of Front Street, from the intersection of the center lines of Wahie Lane and Front Street to a point two hundred twenty feet north of the intersection;

d. On Hotel Street, from Front Street to Wharf Street;

e. On Wharf Street, from Papelekane Street to Canal Street;

f. On the north side of Canal Street, from Front Street to Wharf Street;

g. On the south side of Canal Street, from Front Street to Wharf Street, except between the hours of seven a.m. and three p.m.;

h. On the Olowalu side of Papelekane Street, from Wharf Street to Front Street;

i. On Market Street;

j. On Dickenson Street, from Front Street to Wainee Street; and

k. On Papalaua Street, from Front Street to Wainee Street.

B. The driver of any vehicle shall not park that vehicle for a continuous period longer than one hundred eighty minutes between the hours of eight a.m. and six p.m. on the following streets, where marked stalls are provided and where parking is not restricted by other sections of this chapter; provided, however, that the restriction shall not apply to Sundays and holidays:

1. Wailuku District.

a. On the south side of Kaohu Street, beginning approximately sixty-five feet east of the Spreckels Ditch, extending thirty-five feet east of the Spreckels Ditch.

b. On the west side of South Market Street, from Palua Street to Pakola Street. (Or. 413.803 § 1, 2003; Ord. 413.305 § 2, 2002: Ord. 413.294 § 3, 2000)

10.48.100 Parking for disabled persons--Definitions.

For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning is intended:

“Certificate of disability” means a medical statement issued by a licensed practicing physician, either in private practice or with a governmental agency, which verifies that a person is a disabled person as defined herein.

“Director” means the director of finance of the County.

“Disabled person” means a person with a disability that limits or impairs the ability to walk, and who, as determined by a licensed practicing physician:

1. Cannot walk two hundred feet without stopping to rest, due to a diagnosed arthritic, neurological, or orthopedic condition;

2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;

3. Is restricted by lung disease to such an extent that the person’s forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

4. Uses portable oxygen; or

5. Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association.

“International symbol of access” means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.

“Parking space reserved for disabled persons” means a public or private parking space designated for the use of a disabled person that (1) is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as amended, and related rules and guidelines; (2) is marked with a sign designating the parking space as reserved for disabled persons; or (3) is otherwise clearly designated for the use of disabled persons.

“Removable windshield placard” means a two-sided, hangar-style placard which includes on each side:

1. The international symbol of access which is white on a blue shield;

2. An identification number;

3. The date of expiration; and the seal of the State.

“Sign designating the parking space as reserved for disabled persons” means a sign which contains:

1. The words, “Reserved Parking”;

2. The international symbol of access;

3. Words indicating that the space is reserved for parking by disabled persons who have valid placards or special license plates; and

4. The maximum fine for parking illegally in the space.

“Special license plate” means a license plate that displays the international symbol of access:

1. In a color that contrasts with the background; and

2. In the same size as the letters or numbers on the plate.

“Temporary removable windshield placard” means a two-sided, hanger-style placard, which includes on each side:

1. The international symbol of access and is white on a red shield;

2. An identification number;

3. A date of expiration;

4. The seal of the State; and

5. The word “temporary.”

(Ord. 413.287 § 1, 1998: Ord. 413.205 § 1, 1987; Ord. 413.189 § 1, 1985: Ord. 413.104 § 1, 1978; Ord. 413.21 § 1(c) (part), 1969: Ord. 413 § 10-14.23, 1965)

10.48.103 Issuance of placards and penalties for violations.

A. Issuance of Placards.

1. Permanent. The director shall issue one distinguishing placard and an accompanying identification to each disabled person who so requests and presents a certificate of disability as provided in this part. Permanent placards shall be renewed every four years from date of issuance.

2. Temporary. Temporary placards valid for a period not to exceed six months may be issued by the director. Temporary placards shall be an unlaminated version of the permanent placard which shall be clearly marked “temporary.”

3. Special License Plates. Special license plates shall be issued by the director for the vehicle registered in the disabled person’s name if the vehicle is primarily used to transport person.

4. Fees. Fees for temporary, permanent, replacement placards and special license plates as shall be established from time to time in the budget ordinance shall be paid at the time of such issuance.

B. Nontransferability Penalty. The placard shall not be used by anyone other than the disabled person to whom it is issued unless it is being used in connection with the transportation of a disabled person. An unauthorized person using the placard shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of not more than $500. A placard may be revoked for a flagrant offense or suspended for a period of up to six months by the issuing agency for any unauthorized use irrespective of whether the violator is prosecuted for a violation; provided, however that the disabled person affected may within ten days of such disciplinary action by the issuing agency file an appeal to the managing director who shall review and determine the matter in writing within ten days of receipt of the appeal.

C. Display of Placard. The placard shall be prominently displayed in the disabled person’s vehicle in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of the vehicle utilizing a parking space reserved for disabled persons. When there is no rearview mirror, the placard shall be displayed on the dashboard.

D. Parking Privileges. Any vehicle displaying the placard issued under this part shall be permitted to park in any metered or unmetered parking space designated for the use of disabled persons in accordance with law. In addition, such person shall be entitled to park the vehicle such person is operating or leave the same standing in any public parking space, area, or zone without payment of any parking charge and in excess of any limitation of time established for such parking space. area, or zone when it is otherwise lawful to do so and, further, shall be entitled to park such vehicle in any loading area or zone for a period of time not to exceed one-half hour.

E. Lost or Stolen Placard. A disabled person to whom a placard is issued under this section shall within seven days notify the issuing agency in the event such placard is lost or stolen. Failure to do so shall subject the disabled person to suspension or revocation of parking privileges as provided in subsection C of this section.

F. Reciprocity. A valid and effective disabled parking placard or permit issued by a jurisdiction in which the disabled person resides and in which is depicted the international symbol of access for the handicapped shall be deemed a disabled parking placard issued by the County. A valid and effective disabled identification card issued by a jurisdiction in which the disabled person resides, or a valid and effective official identification card of a jurisdiction in which the disabled person resides which identifies the disabled person as the person to whom the disabled placard or permit was issued, shall be deemed a disabled identification card issued by the County. This subsection shall not apply to the placard, permit or identification card of a person who has been physically present in the County for six months or longer. The term “jurisdiction,” as used herein, shall be deemed to include any foreign country or political subdivision thereof, and any state, territory, commonwealth, trust territory, government in free association status with the United States or possession of the United States and any political subdivision of any of them.

G. Former Permittees. Any disabled person holding a valid special parking permit when the ordinance codified in this section becomes effective may, within thirty days of such effective date, obtain a new placard without necessity of furnishing a new certificate of disability. (Ord. 413.287 § 2, 1998)

10.48.105 Unauthorized use of specially designated parking places for disabled persons.

A. No person, whether owner, lessee, or operator shall stop, stand, leave standing or park whether attended or unattended any vehicle upon a portion of a street, highway, parking space, access ramp or area which has been specially designated and marked appropriately for use exclusively for disabled persons as defined in section 10.48.100 of this code, as amended, unless such person shall be eligible to do so and shall prominently display in such vehicle a currently valid placard issued by the director of finance and be utilizing such specially designated area, in fact, as a disabled person or as the operator of a vehicle in which such a disabled person is a passenger.

B. Any vehicle not properly displaying a currently valid placard which is parked in such a specially designated area shall be towed away at the owner’s expense.

C. The director of public works and environmental management is authorized to place signs establishing official parking places designated for the exclusive use of disabled persons in accordance with this section. Whenever the director places, moves or removes such sign, a report of such action shall be submitted to the County council within thirty days of such placement, movement or removal.

D. Any person using a parking space reserved for disabled persons without properly displaying a removable windshield placard, temporary removable windshield placard, or special license plate, in accordance with this section, shall be guilty of a traffic infraction and shall be fined not less than $250 nor more than $500 and pay any costs incurred by the court related to assessing the fine.

E. Any person, whether owner, lessee, or operator of any such vehicle who violates the provisions of this section shall be deemed to have committed a violation, and shall upon conviction thereof, be subject to a fine of not less than $250 nor more than $500 and shall pay any costs incurred by the court related to assessing the fine.

F. Notwithstanding subsections (D) and (E), a disabled person who has been issued a valid placard or special license plate that is currently in effect, and who has failed to display the placard or license plate while parking in a space reserved for disabled persons, shall pay a fine of not less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine.

G. Any person using a space reserved for disabled persons who refuses or fails to present an identification card issued in accordance with section 10.48.103 upon request shall be guilty of a traffic infraction and shall be fined not less than $250 nor more than $500 and shall pay any costs incurred by the court related to assessing the fine. (Ord. 413.312 § 1, 2004: Ord. 413.287 § 3, 1998: Ord. 413.188 § 1, 1985)

10.48.106 Volunteer disabled parking enforcement pilot program.

A. Definitions. For the purposes of this section:

1. “Department” means the department of police; and

2. “Volunteer” means a person who is willing to provide services on behalf of the County without any compensation.

B. Volunteer disabled parking enforcement pilot program.

1. There is established within the department, and under the supervision of the chief of police or the chief’s designee, a program to utilize volunteers to assist the department in enforcing the County and State disabled parking laws.

2. The chief of police is authorized to appoint part-time volunteers as special disabled parking officers to issue citations on public and private property to persons violating County or State disabled parking laws. Any special disabled parking officer is authorized to issue citations if such officer witnesses a violation of County or State disabled parking laws or has probable cause to believe that a person has violated such laws.

3. The chief of police or the chief’s designee shall:

a. Establish minimum qualifications for persons wishing to volunteer their services to become special disabled parking officers and application procedures for volunteers;

b. Provide a required training program for volunteers that shall include, but not be limited to:

i. Knowledge of County and State disabled parking laws;

ii. Identifying violators and issuing citations;

iii. Use of communication and other necessary equipment;

iv. Procedures to follow in the event of confrontations with suspected violators; and

v. Providing testimony in court to enforce citations; and

c. Appoint volunteers who have successfully completed the training program and who are qualified, as determined by the chief of police, to become special disabled parking officers.

4. Each special disabled parking officer shall agree to:

a. Work a minimum number of hours per week, as determined by the chief of police or the chief’s designee;

b. Serve at locations designated by the chief of police or the chief’s designee; and

c. Serve without any compensation, but shall be entitled to reimbursement for necessary expenses while in the discharge of his or her duties and responsibilities, as allowed by the rules to implement this program.

5. The chief of police may refuse to appoint any volunteer whose qualifications are found to be unacceptable to the chief and may revoke the appointment of any volunteer whose performance is found to be unacceptable to the chief.

6. The chief of police shall adopt rules to implement this program. (Ord. 413.311 § 1, 2004: Ord. 2921 § 1, 2000; Ord. 2717 § 2, 1998)

10.48.110 All night parking.

No person shall park a vehicle on any roadway for a period of time longer than sixty minutes between the hours of two a.m. and six a.m. of any day; subject, however, to the exceptions granted authorized emergency vehicles, pursuant to this title. (Ord. 413 § 10-13.9, 1965)

10.48.120 Parking stalls.

A. The county engineer is authorized and directed to establish, mark, and designate a consecutive series of parking stalls for the parallel or angle parking of motor vehicles upon any street.

B. Wherever parking stalls are so established, marked off, and designated, the operator of any vehicle, except single vehicles of a greater length or width, shall park such vehicle completely within a designated stall. (Ord. 413 § 10-13.10, 1965)

10.48.130 Standing or parking requirements.

Upon any roadway within a business or residential district, no person shall stand or park a vehicle other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curb-side wheels of the vehicle within twelve inches of the edge of the roadway.

Furthermore, where a white edgeline is marked on the roadway designating the edge of traveled lane, no part of the vehicle including its protrusions (mirrors and other attachments) and load if applicable shall encroach into the land designated for vehicular travel. (Ord. 413.261 § 2, 1993: Ord. 413 § 10-13.12, 1965)

10.48.140 Angle parking.

Upon the following streets, vehicles shall be parked at an angle to the curb which has been marked or signed for angle parking:

A. Wailuku District.

1. Market Street in Wailuku, on the east side, from Main Street to Vineyard Street;

2. Aupuni Street in Wailuku, from South High Street to Awapuhi Street on the north side;

3. North Market Street (Happy Valley) in Wailuku, on the east side only in those portions which have been marked or signed for angle parking;

4. Kanoa Street in Wailuku, on both sides from Wells Street to Oihana Street.

B. Makawao District.

1. Hana Highway in Paia, on the southeasterly side, three hundred forty-two feet west and one hundred thirty-two feet north of the intersection of Baldwin Avenue;

2. Baldwin Avenue in Paia, on the west side, two hundred sixty feet from the intersection of Hana Highway.

C. Molokai District.

Ala Malama Avenue in Kaunakakai, on both sides from Makaena Place to Kamoi Street. (Ord. 413 § 10-13.13, 1965)

10.48.150 Prohibited standing, stopping, or parking of buses.

No person operating a bus shall stop, stand, or park on or along Papelekane Street from Wharf Street to Front Street, or along the Kaanapali end of Wharf Street at its intersection with Papelekane Street. (Ord. 413.75 § 1(f), 1974; Ord. 413.28 § 1(c), 1969: Ord. 413 § 10-13.19, 1965)

10.48.160 Parking for certain purposes prohibited.

No person shall park a vehicle upon any highway for principal purpose of:

A. Displaying such vehicle for rental or sale;

B. Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. (Ord. 413.18 § 1, 1969: Ord. 413 § 10-13.11, 1965)

10.48.180 Requirements for unattended motor vehicles.

No person operating or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the ignition key from the vehicle, and effectively setting the brakes thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. (Ord. 413 § 10-13.16, 1965)

10.48.190 Removal--Illegally stopped vehicles.

A. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of section 10.48.010, such officer is authorized to move such vehicle, or require the operator or other person in charge of the vehicle to move the same to a position off the paved or mainly traveled part of such highway.

B. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction or hazard to traffic, such officer is authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (Ord. 413 § 10-13.2, 1965)

10.48.200 Removal--Abandoned vehicles.

No person shall abandon any vehicle on the public highway. The chief of police is authorized to remove or cause to be removed any such abandoned vehicle from the highway, and the registered owner of such vehicle shall be liable for reasonable expenses incurred by such removal. Leaving vehicles unattended for more than twenty-four hours shall constitute abandonment within the meaning of this section. (Ord. 413 § 10-13.17, 1965)

10.48.210 Removal--Procedure.

A. Members of the police department and owners of property are authorized to remove a vehicle from a street, highway, or public beach access parking area to the nearest garage or other place of safety under the following circumstances:

1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;

2. When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;

3. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;

4. When any vehicle is left parked in tow or tow-away zones during the time of restricted parking, designated by official signs specifying the days and hours of restricted parking on the streets or portions thereof described in section 10.48.220;

5. When any vehicle is found to be parked in violation of section 10.48.250A or B, relating to public beach access parking.

B. Whenever an officer or owner of property removes a vehicle from a street or public beach access parking area as authorized in this section and the officer or owner of property knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer or owner of property shall immediately give or cause to be given notice in writing to such vehicle owner of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been removed.

C. Whenever an officer or owner of property removes a vehicle from a street and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner or owner of property as provided in this section, and in the event the vehicle is not returned to the owner of the vehicle within a period of three days, then and in that event the officer or owner of property shall immediately send or cause to be sent a written report of such removal by mail to the county treasurer whose duty it is to register motor vehicles, the date, time, and place from which removed, the reasons for such removal and name of the garage or place where the vehicle is stored.

D. The registered owner of the vehicle shall be liable for all reasonable expenses incurred by such removal and storage. (Ord. 413.233 § 2, 1990: Ord. 413.110 § 1, 1978; Ord. 413.82 § 1(a), 1975; Ord. 413 § 10-13.18, 1965)

10.48.220 Tow-away zones.

The following streets or portions of streets are designated tow-away zones for twenty-four hours a day unless otherwise provided:

A. Wailuku District.

1. Both sides of Kiele Street beginning one hundred sixty feet from its intersection with Kaohu Street for a distance of one hundred feet in the Maalaea direction;

2. On both sides of Hali’a Street; provided, that such prohibited parking shall be applicable only on school days between the hours of seven a.m. to two-thirty p.m.;

3. On the makai side of South Kihei Road extending two hundred fifty feet south of Waimahaihai Street, and on the mauka side of South Kihei Road, a distance of seven hundred twenty feet, between Halelani Place and Kupuna Street; and

4. The entire north side of Halelani Place and on the south side of Halelani Place beginning two hundred ninety feet from South Kihei Road and continuing to the end of Halelani Place.

B. Lahaina District.

1. The south side of Canal Street adjacent to Kam III School, eight parking stalls in length, on each school day between the hours of seven a.m. and three p.m., subject to loading zones for school buses as provided for by ordinance;

2. The makai side of Wharf Street between Hotel Street and the flag poles fronting the District Court Building, between the hours of eleven a.m. and three p.m. each day;

3. The makai side of Front Street for a distance of one hundred twenty-one feet south of the north property line of Whaler’s Market Place, between the hours of nine a.m. and nine p.m. each day;

4. The makai side of Front Street for a distance of one hundred seventeen feet north of the south property line of Whaler’s Market Place, between the hours of nine a.m. and nine p.m. each day; provided, that any bus certified to carry passengers by the public utilities commission shall be permitted to stop, stand, or park in the loading and unloading zone for the purpose of loading and unloading passengers, and then only for a period not to exceed fifteen minutes;

5. The makai side of Front Street, beginning at Papalaua Street and ending at Canal Street, between the hours of three a.m. and five a.m. each day;

6. The mauka side of Front Street, beginning at Papalaua Street and ending at Wahie Lane;

7. The mauka side of Front Street, beginning at Wahie Lane and ending at Canal Street, between the hours of three a.m. and five a.m. each day;

8. Both sides of Hale Street for its entire length;

9. The makai side of Lower Honoapiilani Road in Lahaina beginning at its intersection with Kaanapali Shores Drive and ending at Kapalua Place;

10. On both sides of Hui Road “F” in Napili beginning at its intersection with Lower Honoapiilani Road, and extending east approximately one thousand seven hundred feet, with the exception of a six-hundred-eighty-foot section located on the south side, beginning seven hundred feet mauka of Lower Honoapiilani Road;

11. On both sides of Kauaula Road between Ilikahi Street and Front Street;

12. On the makai side of Puu Hale Street in the Kaanapali Hillside Subdivision;

13. On both sides of Luakini Street beginning with Prison Street, and extending northeast approximately three hundred twenty feet;

14. On the east side of Lahainaluna Road beginning at its intersection with Honoapiilani Highway and extending southwest approximately one hundred sixty-five feet from Wainee Street; and

15. On both sides of Wahie Lane starting at Front Street for its entire length.

C. Makawao District.

1. The makai side of Aewa Place from the intersection of Haleakala Highway and Aewa Place extending two hundred twenty-five feet along Aewa Place;

2. The south side of Kaiholo Place. (Ord. 413.289 § 1, 1999; Ord. 413.281 § 1, 1997; Ord. 413.267 § 1, 1994; Ord. 413.264 § 1, 1993; Ord. 413.262 § 1, 1993; Ord. 413.260 § 2, 1993: Ord. 413.259 § 1, 1993: Ord. 413.254 § 1, 1992: Ord. 413.245 § 1, 1991: Ord. 413.214 § 2, 1988: Ord. 413.202 § 1, 1987; Ord. 413.186 § 1, 1985: Ord. 413.160 § 3, 1980; Ord. 413.110 §§ 2 and 3, 1978: Ord. 413.82 § 1(b), 1975: Ord. 413 § 10-13.20, 1965)

10.48.230 Violation--Evidence--Owner’s responsibility.

In any proceeding for violation of the parking provisions of this chapter, the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute in evidence of prima facie presumption that the registered owner of such vehicle was the person who parked such vehicle at the point where, and during the time when such violation occurred. (Ord. 413 § 10-13.15, 1965)

10.48.240 Interference with parking enforcement systems.

No person shall interfere with any systems established in the county for enforcement of this chapter, including but not limited to removal of tire markings, removal or defacing of signs, sidewalk or roadway markings, or tampering with parking timing devices. (Ord. 413.209 § 1, 1987)

10.48.250 Public beach access parking.

A. No person shall park any vehicle in any public beach access parking area unless using the beach for recreational purposes.

As used in this section, “recreational purposes” means hunting, fishing, swimming, boating, picnicking, hiking, nature study, water skiing, and viewing or enjoying historical, archeological, scenic, or scientific sites.

B. All public beach access parking areas shall be posted with signs warning that vehicles will be towed away if the operators are using the parking area for other than beach recreational purposes.

C. Members of the police department are authorized to remove, pursuant to the procedures of section 10.48.210, any vehicle parked in violation of subsection A or B of this section.

D. Notwithstanding section 10.48.250C, the owner of the property on which any beach access parking area is located is hereby empowered to remove vehicles parked in violation of subsection A or B of this section, provided that said property owner complies with the procedures set forth in section 10.48.210.

E. Any person who violates subsection A or B of this section shall, upon conviction, be subject to a fine of not more than $100 for the first offense, and not more than $250 for every subsequent offense. (Ord. 413.233 § 1, 1990)