StarBulletin.com

Vendor can ticket cars parked at broken meters


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POSTED: Wednesday, February 03, 2010

QUESTION: I frequently park in a metered space fronting the boats at Ala Wai harbor, behind the Hawaii Prince Hotel. It can be a real challenge to find an empty stall. One day, I pulled into a stall where the meter was wrapped and labeled broken. Nevertheless, I attempted to feed the meter, with no success. A parking company employee said I could not park there because the meter was broken. I told him that was ridiculous as there was no other stall available. I left my car and went to my friend's apartment. When I returned, I found a ticket. I called the parking company and was told the employee was correct in giving me a ticket. It appears the city leases this parking meter business to a private company. Does the city agree with this policy of making the stall unusable when the meter is broken? Is it proper for this company to ticket cars parked under these circumstances?

ANSWER: The Ala Wai small boat harbor public parking area is overseen by the state Department of Land and Natural Resources, not the city. The answer from the department to both your questions is “;yes.”;

We agree that it makes no real sense to deny parking just because the meter is broken, seeing that no revenue would be generated either empty or occupied. In fact, the Honolulu Police Department Parking Enforcement Section allows people to park in spaces with broken meters on city streets (see hsblinks.com/1ru ).

However, the Department of Land and Natural Resources is sticking by its policy.

First, the state attorney general's office confirmed that the Boating and Ocean Recreation Division is authorized to select a company to manage the parking area and to “;conduct parking enforcement,”; said spokeswoman Deborah Ward.

“;There will be increased patrols and increased enforcement as the vendor (Diamond Parking) will be allowed to retain the parking violation fines according to the contract,”; she said.

Meters at Ala Wai harbor eventually will be replaced by pay stations, she added.

Regarding the city's parking policy, Ward said they don't apply in this area, and “;the vendor is empowered to ticket any vehicle parked in a stall with a broken meter.”;

She said the Boating Division “;has been through a process involving public input over several years to implement a parking plan for the Ala Wai small boat harbor.”;

The plan calls for an on-site management company to handle day-to-day operations; increasing parking enforcement, including no overnight parking; and removing derelict or abandoned vehicles.

The plan is expected to improve public safety and “;the overall look and feel of the harbor area,”; free up staff to focus on their main duties, and provide for a steady stream of parking revenue, Ward said.

QUESTION: It is my understanding that the frames used for license plates on automobiles are illegal. If this is true, couldn't police enforcement make tons of money for the state?

ANSWER: It's not true.

There's nothing in state law that prohibits the use of license plate frames, as long as they don't obscure the plate, according to the state Department of Transportation's Motor Vehicle Safety Office.

Section 249-7(b) of the Hawaii Revised Statutes states in part, “;Number plates shall at all times be displayed entirely unobscured and be kept reasonably clean.”;

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