HomeMy WebLinkAboutResolution No. 2017-72COUNTY COUNCIL
COUNTY OF KAUA’I
3&t~a luti Ott No.2017-72
RESOLUTION AUTHORIZING THE NIGHTTIME CLOSURE OF
MIHI ROAD TO VEHICULAR TRAFFIC AND GRANTING PARTIAL
RESPONSIBILITY FOR THE ENFORCEMENT THEREOF TO THE
SEACLIFF PLANTATION COMMUNITY ASSOCIATION,
KILAUEA BAY,HANALEI DISTRICT,COUNTY OF KAUA’I
WHEREAS,Mihi Road (also known as the Japanese Cemetery Road)in the
Hanalei District of the County of Kaua’i has unfortunately become an area of drug
dealing,vandalism,and property theft,especially at night;and
WHEREAS,the Japanese Cemetery Association,the Kilauea Neighborhood
Association,and the Seacliff Plantation Community Association have approached
County officials requesting that Mihi Road be closed to vehicular traffic during the
nighttime hours to help alleviate these problems;and
WHEREAS,the Seacliff Plantation Community Association has committed to
installing a galvanized steel gate across Mihi Road at its intersection with Kilauea
Road and be responsible for keeping the gate open during daylight hours and locking
the gate in the evening,all at no cost to the County of Kaua’i;and
WHEREAS,Hawai’i Revised Statutes (HRS)Section 46-1.5(19)(D)grants the
counties the authority to open or close county highways;and
WHEREAS,Chapter 18,Article 1,Section 18-1.3 of the Kaua’i County Code,
as amended,provides that “the Council shall impose any restriction deemed desirable
by resolution”and that “no penalty shall be imposed until the resolution has been
published once in a newspaper of general circulation in the County,and where only
specified roads,streets or highways are restricted,appropriate signs noting the
restriction are posted”;and
WHEREAS,pursuant to HRS Section 264-1(e),all county public highways and
trials once established shall continue until vacated,closed,abandoned,or
discontinued by a resolution of the legislative body of the county wherein the county
highway lies;now,therefore,
1
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF
HAWAI’I THAT:
SECTION 1.Mihi Road from its intersection with Kilauea Road to the
end of Mihi Road at the Japanese Cemetery (as shown on the map attached hereto as
Exhibit “A”and incorporated herein)shall be closed to vehicular traffic during the
nighttime hours.
SECTION 2.The Seacliff Plantation Community Association is hereby
authorized to erect a gate across Mihi Road at the point shown on Exhibit “A”and
shall be responsible for opening said gate during daylight hours and closing said gate
during the nighttime hours.The said Seacliff Plantation Community Association
shall also provide the County Engineer or his representative with a copy of the key
to the lock on said gate all at no cost to the County.
SECTION 3.The County Engineer or his representative shall mark and
post the appropriate signs to provide notice to the public of the terms of this
Resolution.
SECTION 4.Notwithstanding the foregoing,the general public shall not
be denied access to Mihi Road.Any gate constructed shall be done so in a manner
which permits free and unencumbered pedestrian and non-motorized vehicular
access to the road at all times.
SECTION 5.Notwithstanding the foregoing,emergency services shall
not be denied access to Mihi Road at all times.
SECTION 6.Notwithstanding the foregoing,utility companies and
wireless communications providers with equipment on Mihi Road or at the Japanese
Cemetery shall not be denied access to Mihi Road at all times.
SECTION 7.Prior to the erection of any gate,the said Seacliff
Plantation Community Association shall provide the County with a properly executed
document acknowledging the terms and provisions of this Resolution and agreeing to
indemnif~r,hold harmless,and defend the County and its officers,employees,agents,
and representatives from all suits,actions,claims,damages,and judgements of any
character that may be brought against the County by whomsoever,on account of any
injuries or damages sustained by any person and property,due to the installation and
operation of the galvanized steel gate across Mihi Road at the intersection of Kilauea
Road.
2
SECTION 8.Any person convicted of any violation of the Traffic Code
provisions relating to the nighttime vehicular traffic closure of Mihi Road shall be
subject to the penalties provided for in Chapter 16,Article 21,Section 16-21.6 of the
Kau&i County Code 1987,as amended.
SECTION 9.This Resolution shall take effect upon its approval,the
posting of appropriate signs and/or markings,and the publication of this Resolution
once in The Garden Island,a newspaper of general circulation in the County.
Introduced by:
ROSS KAGAWA
(By Request)
V:\RESOLUTIONS\20 16-2018 TERM\Mihi Road Nighttime Closure YS_ct.docx
~pe A~ap €xcu~eb 3&ecuftb
~&un x
QL1jot~x
i~a~irn x
~an~S~jiro x
i~a~uakami x
3aapo~o X
~uktmur~i x
~ota1 6 0 1 0
Certuffcate ~f ~boption
~~jer~b~’certIfp tbat 3&e~o1ution ~o.2017—72
~abopteb b~’the QJouncIt of the Qtountp of I~aua’I,~‘tate of
~L~a1nat’i,iUbu’e,1~au&i,~a~iiai’i,~December 20,2017
QLotw~tp Qrlcrk
~iteb January 10,2018
Qfljairman &~re≤tbmnç~~fficer
3
TM
K
:
5-
2
-
0
0
4
:
0
4
0
(C
o
u
n
t
y
of
Ka
u
a
’
i
)
TM
K
:
5-
2
-
0
0
4
:
0
7
8
(M
a
k
a
p
i
l
i
Estates)
Pr
o
p
o
s
e
d
Ga
t
e
Lo
c
a
t
i
o
n
Ac
r
o
s
s
M
i
h
i
Ro
a
d
-
~•1
-
’
0 z
TM
K
:
5-
2
-
0
0
4
:
0
8
0
(M
o
a
n
a
Ik
e
n
a
Co
n
d
o
m
i
n
i
u
m
)
I z
TM
K
:
5-
2
-
0
0
4
:
0
4
9
(K
i
l
a
u
e
a
Ja
p
a
n
e
s
e
As
s
o
c
i
a
t
i
o
n
mc
)
Ex
h
i
b
i
t
“
A
”