The following proclamation declaring a “State of Emergency” for the County of Hawaii, was made by Hawaii County Mayor Mitch Roth and signed into order last night:
WHEREAS, Chapter 127A, Hawai‘i Revised Statutes, as amended, provides for the establishment of County organizations for disaster relief with a director in charge of each political subdivision; and
WHEREAS, Chapter 127A, Hawai‘i Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawai‘i County Code, establishes a Civil Defense Agency within the County of Hawai‘i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawai‘i County Charter empowers the Mayor of the County to declare emergencies; and
WHEREAS, on November 28, 2022 at 3:02 a.m., I as Mayor of the County of Hawai‘i issued an Emergency Proclamation declaring a state of emergency due to the active eruption of Mauna Loa; and
WHEREAS, on November 28, 2022 at 9:25 p.m., I as Mayor of the County of Hawai‘i issued a Supplemental Emergency Proclamation declaring a state of emergency due to the active eruption of Mauna Loa; and
WHEREAS, the eruption began in Moku‘āweoweo, the summit caldera of Mauna Loa, inside Hawai‘i Volcanoes National Park; and
WHEREAS, the eruption has since migrated into the Northeast Rift Zone. There are currently no active mandatory evacuations; and
WHEREAS, due to the active eruption now confined to the Northeast Rift Zone, the previously opened evacuation shelters located at Robert Herkes gym in Pahala (Ka’u gym) and at the Kekuaokalani Gym at Kailua Park (Old A’s) in Kona are now closed; and
WHEREAS, Section 127A-12(a)(5)(D), Hawai‘i Revised Statutes, provides that during the emergency period, the Mayor may exercise the following powers pertaining to emergency management to direct or control as may be necessary for emergency management the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, exercises, training, emergencies, or disasters; and
WHEREAS, Section 127A-12(c)(12), Hawai‘i Revised Statutes, as amended, provides that during the emergency period, the Mayor may restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions; and
WHEREAS, the active eruption continues its current path toward the Daniel K. Inouye (“DKI”) Highway, which serves as the main artery between East and West Hawai‘i for both residential and commercial traffic. The proximity between the DKI Highway and the active flow has drawn an overwhelming number of spectators creating a safety hazard to both motorists as well as spectators; and
WHEREAS, based on the increase in spectators, the Department of Transportation issued Advisory No. 22-0397 on the evening of November 28, 2022, reminding motorists that there is no parking allowed on the DKI Highway or its shoulders between the sixteen mile marker (16 MM) and the thirty-one mile marker (31 MM); and
WHEREAS, most of the DKI Highway between the sixteen mile marker (16 MM) and approximately at the fifty-one mile marker (51 MM) which is the end of DKI Highway, has a maximum speed limit of sixty (60) miles per hour, and it lacks sufficient infrastructure such as crosswalks and necessary lighting to safely sustain the increased amount of pedestrians arriving in vehicles in the area and traversing the area on foot, thereby creating unsafe road conditions; and
WHEREAS, based on these unsafe road conditions, on November 28, 2022, pursuant to Sections 127A-25 and 291C-111, Hawai‘i Revised Statutes, as amended, I issued Emergency Rule #1 prohibiting all vehicles from stopping and/or or parking on the DKI Highway at any time between the sixteen mile marker (16 MM) and the thirty-one mile marker (31 MM), except as permitted at designated parking lots; and
WHEREAS, based on the significant increased number of vehicular traffic continuing beyond the thirty-one mile marker (31 MM), I issued Emergency Rule #2 extending the stopping and parking prohibitions on the DKI Highway at anytime between the sixteen mile marker (16 MM) to the end of the DKI Highway which intersects with Highway 190 (also known as the Hawai‘i Belt Road); and
WHEREAS, due to the eruption’s continued activity and close proximity to the DKI Highway drawing overwhelming spectators creating hazardous road conditions, I have determined that it is necessary to supplement and expand my Supplemental Emergency Proclamation issued on November 28, 2022, at 9:25 p.m. related to updated eruption activity and spectator interest creating road hazards on the DKI Highway; and
WHEREAS, the danger of disaster is such magnitude to warrant protective action in order to provide for the health, safety, welfare and protection of the people and pursuant to Section 127A-13(b)(4), Hawaiʻi Revised Statutes, the Mayor finds it necessary to take appropriate actions to direct and control the mandatory evacuation of the civilian population.
NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawai‘i, do hereby proclaim and declare that a state of emergency exists due to the threat of imminent disaster on Hawaiʻi Island, effective November 30, 2022, 12:42 p.m., Hawaiʻi.
This ORDER is effective at 12:42 p.m., this 30th day of November, 2022.
_____________________________
Mitchell D. Roth
Mayor
County of Hawai‘i