PUBLIC NOTICE
RESOLUTION 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,
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 nonmotorized
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 indemnify, 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.
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 Kaua’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: /s /ROSS KAGAWA (By Request)
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that Resolution No. 2017-72 was adopted by the Council of the County of Kaua’i, State of Hawai’i,
at its meeting held on December 20, 2017, by the following vote:
FOR ADOPTION: Brun, Chock, Kagawa, Kaneshiro,
Kawakami, Yukimura TOTAL – 6,
AGAINST ADOPTION: None TOTAL – 0,
EXCUSED & NOT VOTING: Rapozo TOTAL – 1.
Lihu’e, Hawai’i /s/ Scott K. Sato
January 11, 2018 Deputy County Clerk, County of Kaua’i
(One Publication – The Garden Island – January 19, 2018)