REPORT TITLE:
Highway


DESCRIPTION:
Lowers highway vending from misdemeanor to petty misdemeanor and
extends definition of crime to include the risk of creating a
hazardous condition or public nuisance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2612
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONTROL OF VENDING.



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

 1      SECTION 1.  Section 264-101, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]264-101[]]  Vending from [state] highways prohibited.
 
 4 [Any] (a)  No person shall park or place a vehicle or structure
 
 5 [parked or placed] wholly or partly [within the right-of-way of]
 
 6 on any [state] highway for the purpose of selling the vehicle or
 
 7 structure or of selling therefrom or therein any article,
 
 8 service, or thing, [creates] thereby creating a hazardous
 
 9 condition or [is] a public nuisance [and the], or in doing so
 
10 acts in reckless disregard of the risk of creating a hazardous
 
11 condition or public nuisance.  The department of transportation
 
12 may remove or require the immediate removal of the vehicle or
 
13 structure from the highway.
 
14      (b)  For the purposes of this section, "highway" means the
 
15 entire width, including the beam and shoulder, of a public
 
16 highway as defined in section 291-1."
 
17      SECTION 2.  Section 264-102, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]264-102[]]  Penalty.  Any person [parking any vehicle
 
20 or placing any structure wholly or partly within any state
 

 
Page 2                                                     2612
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 highway for the purpose of selling the vehicle or structure or
 
 2 selling therefrom or therein any article, service, or thing] who
 
 3 violates section 264-101 is guilty of a petty misdemeanor [.] and
 
 4 shall be fined not more than $1,000 or imprisoned not more than
 
 5 thirty days, or both."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.