Report Title:

Abandoned Vehicles

Description:

Allows counties to remove abandoned vehicles from private property abutting a public street, road, or highway.

THE SENATE

S.B. NO.

1359

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to abandoned vehicles.

 

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

SECTION 1. The legislature finds that under the current law, counties may tow abandoned vehicles from public highways or public property. However, if an individual other than the property owner abandons a vehicle on private property that abuts a public street, road, or highway, the counties will not tow the vehicle. The purpose of this Act is to authorize counties, at the request of the property owner, to tow abandoned vehicles that are left on private property that abuts a public street, road, or highway.

SECTION 2. Section 290-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The counties may cause vehicles to be taken into custody and disposed of, which have been abandoned. A vehicle is "abandoned", for the purposes of this subsection, if it is [defined to be abandoned by an ordinance of the county in which the vehicle is located; in the absence of such an ordinance, a vehicle is "abandoned" if it is] left unattended for a continuous period of more than twenty-four hours and it is unlawfully parked on any public highway [or], other public property[.], or on private lands defined as a setback, shoulder, easement, or right of way that is adjacent to or part of a public highway or a public or private golf course. Only vehicles abandoned on private lands defined as a setback, shoulder, easement, or right of way that is adjacent to or part of a public highway or public or private golf course may be towed pursuant to this subsection by the counties upon request by the owner or occupant of the property. Vehicles abandoned elsewhere on private lands shall not be towed pursuant to this subsection by the counties. The mayors of the several counties may designate an agency within their counties to carry out the functions and requirements of this section. The term "agency" means any office, department, or other governmental unit of the county."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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