HOUSE OF REPRESENTATIVES

H.B. NO.

43

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SIDEWALKS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C‑    Other activities prohibited on sidewalks.  Notwithstanding any other provision of law, the use of skateboards, rollerskates, and other similar devices shall be prohibited on sidewalks in the downtown Honolulu business district."

     SECTION 2.  Section 291C, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Downtown Honolulu business district" means the area bounded by the Nuuanu stream, Punchbowl street, Vineyard boulevard, and the shoreline."

     SECTION 3.  Section 291C-134.5, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-134.5  Electric personal assistive mobility devices; restrictions.  (a)  Unless otherwise prohibited or regulated by a county ordinance[,] and except as provided in subsection (g),an electric personal assistive mobility device may be operated on sidewalks, at a speed no greater than eight miles per hour, and on bicycle paths of the State.  The sale of consumer models of electric personal assistive mobility devices in the State shall be limited to those models operated by a key that can set the maximum forward speed at no more than eight miles per hour.

     (b)  An electric personal assistive mobility device operator shall be sixteen years of age or older.

     (c)  An electric personal assistive mobility device operator on a sidewalk or bicycle path shall exercise due care to avoid colliding with, and shall yield the right-of-way to, persons traveling on foot and those using mobility aids.

     (d)  An electric personal assistive mobility device operator shall give an audible signal before overtaking and passing any pedestrian.

     (e)  An electric personal assistive mobility device operator shall wear or equip the electric personal assistive mobility device with reflectors and a headlamp when operating between one-half hour after sunset and one-half hour before sunrise.

     (f)  Any operator who operates an electric personal assistive mobility device recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161.

     (g)  No electric personal assistive mobility device shall be operated on sidewalks in a business district in any county, including the downtown Honolulu business district, except by law enforcement officers in carrying out their official duties."

     SECTION 4.  Section 291C-148, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Unless otherwise prohibited, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that [the]:

     (1)  The driver of the bicycle shall yield the right-of-way to any pedestrian; and [that bicycle]

     (2)  Bicycle riding shall be prohibited on sidewalks in business districts[.], including the downtown Honolulu business district."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Bicycles, Electric Personal Assistive Mobility Devices, Skateboards, Rollerskates Prohibited; Business Districts

 

Description:

Defines the downtown Honolulu business district.  Prohibits use of bicycles, electric personal assistive mobility devices, skateboards, rollerskates, and other similar devices on sidewalks in the downtown Honolulu business district.

 

 

 

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