Actually, you are still confused on these issues. The City and County
has jurisdiction for parking regulations on "State" highways within
the C&C, see for example 15-14.1 - many of the roads mentioned are
"State" highways. I find it curious that the bicycle was cited under
HRS 291C-114 which doesn't prohibit anything - it just allows things
to be prohibited. 15-14-2 of the C&C ordinances reads "No person
shall stand or park a vehicle in such a manner that any portion of
such vehicle obstructs a sidewalk or portion thereof" which the C&C
has the authority to issue that ordinance under 291C-144, so I would
think the ticket should have referred to 15-14.1 as well. In any
case, it would seem they could have ticketed it under 15-18.6 as well.
This stuff is really tricky and I encourage you to read up. For
example, in your post you use the word highway and roadway as if they
are the same thing. They are not in a legal sense, here is how they
are defined under HRS 291C-1 "Highway" means the entire width between
the boundary lines of every way publicly maintained and those private
streets, as defined in section 46-16, over which the application of
this chapter has been extended by ordinance, when any part thereof is
open to the use of the public for purposes of vehicular travel.
"Roadway" means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the berm or
shoulder. In the event a highway includes two or more separate
roadways the term "roadway" as used herein refers to any such roadway
separately but not to all such roadways collectively.
These definitions have important implications for bicyclists - we are
required to keep as far right as practicable on the Roadway. I have
been pulled over by HPD's finest twice because I was riding in the
lane and not on the shoulder which they thought was part of the
roadway. It isn't. I asked them to give me a ticket so I could have
the pleasure of making fools out of them in court. They refused.
A bicycle on a sidewalk is not on the roadway but is probably on the
highway. I haven't updated my web page on O'ahu's bicycling laws in a
while but you may still find it useful:
http://home.earthlink.net/~opeapea/BikeLaws.htm
Here is a pop quiz to see if you read it and understood it: Is a
recumbent bicycle a vehicle in Hawaii? I'll post the answer in a few
days.
The land use ordinance approach does sound like a possibility and I
would think they could find a law or ordinance somewhere to stop this
clown from doing what he is doing, but there doesn't seem to be
anything in the vehicle code that will work.
--- In hawaiibicyclists@yahoogroups.com, "Bike Oahu" <bikeoahu@...> wrote:
>
> --- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@> wrote:
> >... So, you are completely, entirely,
> > emphatically wrong in your assertion that the police can ticket this
> > guy for violating any existing C&C ordinance.
> >
> > Aloha, - John
> >
>
> My error for including the words "City property" but,your implication
> that the only laws which might apply in this situation are Revised
> Ordinances of Honolulu Sec. 15-18.6 and 15-16-8 is incorrect. State
> laws might also apply on the roads/sidewalks under state jurisdiction
> and the director of transportation determines those regulations.
> Adchoppers has parked on these sidewalks as well.
>
> The ticket on the bicycle I saw was cited under this HRS.
>
> [§§291C-114] Parking on sidewalks. The director of transportation is
> authorized to and the counties by ordinance may with respect to
> highways under their respective jurisdictions prohibit or restrict
> the stopping, standing, or parking of vehicles on sidewalks.
>
> The bicycle was on a roadway under state jurisdiction.
>
> HPD or the City Planning and Permitting Department could cite him
> under Honolulu's Land Use Ordinance. As noted in the news article by
> David Tanoue, City Planning and Permitting deputy director "If a
> vehicle remains parked at the same location for more than 24 hours
> with the apparent intention to be used as an outdoor advertising
> device, we can get involved."
>