HOUSE OF REPRESENTATIVES

H.B. NO.

2215

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public highways.

 

 

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

 

     SECTION 1.  Section 264-101, Hawaii Revised Statutes, is amended to read as follows:

     "§264-101  Vending from highways prohibited.  (a)  No person shall park or place a vehicle or structure wholly or partly on any highway for the purpose of selling the vehicle or structure or of selling therefrom or therein any article, service, or thing, thereby creating a hazardous condition or a public nuisance or in reckless disregard of the risk of creating a hazardous condition or public nuisance.  The department of transportation may remove or require the immediate removal of the vehicle or structure from the highway.

     (b)  No person shall sell or offer for sale on any highway any article, service, or thing, thereby creating a hazardous condition or a public nuisance or in reckless disregard of the risk of creating a hazardous condition or public nuisance.

     [(b)] (c)  For the purposes of this section, "highway" means the entire width, including [the] any berm, [or] shoulder, scenic lookout as defined by section 291-1, pull-off, or turnaround, of any road, alley, street, way, right of way, lane, trail, highway, or bridge of a public highway as defined in section 264-1."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Public Highways; Vending

 

Description:

Prohibits vending on any scenic lookout, pull-off, or turnaround area of a public highway.

 

 

 

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