THE SENATE	S.B. NO.	2375
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO 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 or scenic lookouts prohibited.  (a)  No person shall park or place a vehicle or structure wholly or partly on any highway or at any scenic lookout 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[.]; provided that vending from a scenic lookout may be allowed pursuant to a vending concession permit.  The department of transportation may remove or require the immediate removal of the vehicle or structure from the highway.

     (b)  For the purposes of this section[, "highway"]:

"Highway" means the entire width, including the berm or shoulder of a public highway as defined in section 264-1.

"Scenic lookout" includes any area within or adjoining a public street, road, or highway that is intended for use by motorists as a stopping or parking area attendant to the enjoyment of the surrounding scenery or a view."

     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  Statutory material to be repealed is bracketed and stricken.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.

Report Title:

Highways; Scenic Lookouts; Vending

Description:

Prohibits vending at scenic lookouts, without a vending concession permit.  (SB2375 HD1)

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