(a) Council’s delegation.
(1) In general. The council delegates to the director of transportation services, hereinafter referred to as “director,” the authority to locate, select, install, and maintain traffic control devices, including temporary traffic control devices, as defined in this chapter.
(2) Temporary traffic control devices.
(A) Whenever the director finds (i) that there is an emergency requiring traffic control devices or (ii) occasions requiring traffic control devices due to circumstances or activities that are the exception rather than the rule that affects the use of streets and highways (special occasions), the director may locate, select, install, and maintain temporary traffic control devices.
In addition, where there is a traffic problem which may be alleviated by an appropriate traffic control device, the director may conduct studies and design, fabricate and determine temporary traffic control devices that, in the director’s opinion, may alleviate, relieve, or eliminate the traffic problems; provided that whenever such traffic control device is to be located, selected, installed, or maintained, the director shall observe the procedures prescribed in subsection (c); and provided further, that the schedule shall be entitled “Temporary Traffic Control Device,” and made a part of Article 6 of this chapter.
(B) Any temporary traffic control device shall not be in use for more than 30 calendar days; provided that if any extension is necessary, the same procedures prescribed in subsection (c) shall be observed with the publication thereof, containing a statement that this is an extension of the temporary traffic control device that was in effect on a specific date, including the cutoff date; provided that at no time shall a temporary traffic control device be in effect in excess of 365 days.
(C) Whenever such traffic control device is to be made permanent, the director shall repeat the procedure prescribed in subsection (c) by indicating in the schedule that the schedule entitled “Temporary Traffic Control Device” is superseded and that the new schedule is to be attached to and made a part of Article 6.
(b) Standards to be observed by the director.
(1) As far as practicable, the director shall locate, select, install, and maintain all traffic control devices pursuant to or in conformance with the standards established or prescribed in the Manual on Uniform Traffic Control Devices compiled by the Federal Highway Administration, Revised Edition, 1978; provided, that the director shall comply with HRS § 264-25, relating to federal-aid highways, wherever applicable.
(2) Whenever it is not practicable to follow the standards prescribed in subdivision (1), the director may use, design, or fabricate traffic control devices that would promote the safety of pedestrians or motorists using city streets or highways or alleviate, relieve, or eliminate the traffic problem; provided that such traffic control devices shall be uniform whenever the traffic problem, conditions, terrain, or locale requiring such traffic control devices is substantially similar.
(3) (A) This subdivision applies to a multiple-lane highway or one-way street, the design of which commences after December 31, 1994 by:
(i) The city; or
(ii) A federal or State agency or private person, with the intent of dedication or surrender to the city.
(B) Except as otherwise provided under paragraph (C):
(i) For a multiple-lane highway, the traffic lane markings shall be placed so that each of the outside lanes is at least 14 feet wide. An “outside lane”
(ii) For a one-way street with at least two lanes, the traffic lane markings shall be placed so that the extreme right lane is at least 14 feet wide. The “extreme right lane” shall be the lane nearest the right edge of the street, as determined when facing in the direction of vehicular traffic flow.
Each of the other lanes on a multiple-lane highway or one-way street shall be at least 10 feet wide.
(C) The traffic lane marking requirements of paragraph (B) shall not apply to the portion of a multiple-lane highway or one-way street on which a bicycle lane is designated in Schedule XXXIV and appropriately delineated.
(D) The city shall not design, construct, take over, receive by dedication, or otherwise accept a multiple-lane highway or one-way street that does not comply with this subdivision.
(E) A multiple-lane highway or one-way street, to which this subdivision is not applicable, may be reconstructed or restriped to accommodate the traffic lane markings of paragraph (B) if sufficient appropriations are available and public safety will not be compromised.
(c) Procedure for implementing.
(1) The director shall amend existing schedules that are attached to and made a part of Article 6 by deleting therefrom or adding thereto traffic control devices that are included in a schedule or adopt additional schedules that shall be attached to and made a part of Article 6 whenever the director determines that an amendment of an existing schedule is not the proper vehicle for the location, selection, installation, and maintenance of the traffic control devices including schedules that would make temporary traffic control devices permanent.
(2) The director shall file with the clerk an original or adopting schedule and three copies of each type so they may be examined by the public.
(3) The department of transportation services shall publish such schedules once in a daily newspaper of general circulation. In addition, such schedule shall also be published once in a newspaper for a particular locale within the city, e.g., the Press publication, whenever such publication is available.
(4) Any permanent traffic control device shall be shrouded before its effective date, except those which are painted, laid, or marked on the pavement or are temporary traffic control devices that have been located and installed.
(d) Effective date of traffic control devices located, selected, installed, or maintained under this section.
(1) Any permanent or temporary traffic control device located, selected, installed, or maintained as authorized by this article shall take effect 10 working days after the publication of the appropriate schedule in a daily newspaper of general circulation or in a newspaper for a general locale, whichever publication is later, except that:
(A) A permanent traffic control device that is to be painted, laid, or marked on the pavement shall take effect when so painted, laid, or marked. In no event shall the permanent traffic control device be painted, laid, or marked within 10 working days of the publication of the appropriate schedule; and
(B) A temporary traffic control device shall take effect on the day it is located, selected, installed, or maintained.
(2) Any permanent or temporary traffic control device located, selected, installed, or maintained by the director pursuant to this article shall have the full force and effect as if it were located, selected, installed, or maintained by ordinance. Any person violating such traffic control device shall be subject to the penalties provided in this article or HRS Chapter 291C.
(Sec. 15-3.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 15, Art. 3, § 15-3.1) (Am. Ords. 91-27, 94-78)