HomeMy WebLinkAboutBIL 305 Draft 02 2006-2008COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 305
(Draft 2 )
AN ORDINANCE AMENDING CHAPTER 18, ARTICLES 1, 2 AND 3, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO COMMON
CARRIERS, TAXICABS AND SCHOOL BUSES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Due to the transfer of public transportation related functions
from the Hawaii County Police Department to the Department of Finance, the following
amendments to Chapter 18 of the Hawaii County Code are necessary.
SECTION 2. Section 18-1, Hawaii County Code 1983 (2005 edition, as amended), is
amended by amending the definition of "safety glass" to read as follows:
"Safety glass" means any product composed of glass, manufactured, fabricated, or
treated so as to substantially prevent shattering and flying of the glass when struck
or broken or any other or similar product as may be approved by the [~f
pel~iE~] director of finance.
SECTION 3. Section 18-15, Hawaii County Code (1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-15. Determination of carrier capacity.
The seating (i.e., passenger carrying) capacity of each motor vehicle
common carrier of passengers, as defined in section 288-2, Hawaii Revised
Statutes, operating over any public street or highway within the County shall be
determined and rated as follows:
(1) If the length of any seating space in the vehicle is twenty-two
inches or less, the seating capacity of the space is one passenger.
(2) If the length of any seating space is more than twenty-two inches
but not more-than thirty-eight inches, the seating capacity is two
passengers; provided, that for any motor vehicle common carrier
transporting children to and from school or during school
excursions and outings under any school bus transportation
contract with the State, if the length of any seating space is more
(3)
(4)
(5)
(6)
than thirty-ei~!r~ i?ycrie:; ~u¢ less titan forty inches, the seating
capacity is three passengers below nineteen years of age.
Each additional fifteen inches shall be seating space for an
additional passenger.
In determining the seating capacity of a vehicle of the so-called
"sampan bus" type, where there is no divisional space between the
side and end seats, the inside perimeter of the seat shall be
measured to determine the length of the seat and the same shall be
considered as but one continuous seating space.
The seating space occupied by the chauffeur shall be included in
and considered as part of the rated seating space of each vehicle.
In fixing the capacity of any vehicle whose passenger seating
capacity, as determined by subsection (a), is in excess of seventeen
passengers, if the examiner of chauffeurs of the County [pekes
depe~] department of finance finds that the minimum inside
distance from the aisle floor to the ceiling of any vehicle is
seventy-four inches, except any vehicle used exclusively for the
transportation of school students in which case the minimum inside
distance shall be seventy inches, and that the construction of the
vehicle may safely carry an additional number of standing
passengers in excess of the actual passenger seating capacity of the
vehicle, then the examiner of chauffeurs may fix and allow a rated
passenger carrying capacity to the vehicle in excess of the "rated
seating capacity," and for all purposes of this article, the rated
passenger carrying capacity, so determined, shall be the "rated
seating capacity" of the vehicle, except that the motor vehicle
common carrier transporting children to and from school or during
school excursions and outings under any school bus transportation
contract with the County, the rated passenger carrying capacity
shall be the actual passenger seating capacity of the vehicle.
(A) In determining the number of standing passengers which
the vehicle may carry in excess of its actual passenger
seating capacity, the examiner of chauffeurs shall consider
as a basis for a determination, but not be limited to, a
minimum area of one and one-half square feet of aisle floor
space per standing passenger.
(B) No vehicle, whose "rated seating capacity," includes
standing passengers therein shall be permitted to carry
passengers in excess of its actual passenger seating capacity
(as distinguished from its ``rated seating capacity") within
any area of the County outside the geographical limits of
the City of Hilo; provided that the council may by
resolution extend and take away the privilege of carrying
standing passengers in any vehicle to any other area of the
County and for any period as the council finds necessary.
2
SECTION 4. Section 18-17, ll~~~~ai`i ~~'trunty~ Co~?rtm 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-17. Seating capacity determined by examiner of chauffeurs.
The examiner of chauffeurs of the County [p^'~°° ~'°~~"+~~°~+] department
of finance shall measure the seating space of every common carrier vehicle and
shall determine the seating capacity of each vehicle.
SECTION 5. Section 18-34, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-34. Personal use by driver.
(a) Whenever a taxicab equipped with a taximeter is in personal use of the
driver and not for hire, a "special" sign shall be affixed to the flag of the
taximeter.
(b) The [^'~~°~^~„^'~^°] director of finance shall prescribe the size and
specification of the "special" metal sign and the sign shall be furnished by
the [Fhie~] director at cost.
SECTION 6. Section 18-37.9, Hawaii County Code 1983 (2005 edition, as amended),
is amended to read as follows:
Section 18-37.9. Condition of taxicabs.
No vehicle shall be operated as a taxicab unless it is in a reasonably clean
and safe condition inside, so as not to damage the person, clothing or possessions
of a passenger. The vehicle's exterior shall be reasonably clean and shall be
essentially free from cracks, breaks and major dents. It shall be painted to provide
adequate protection and appearance. Each operating wheel shall be equipped with
hub caps, wheel covers, or other suitable covering. Repairs done to comply with
this section shall be done within a reasonable time based on availability of parts
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SECTION 7. Section 18-37-10, Hawaii County Code 1983 (2005 edition, as amended),
is amended to read as follows:
Section 18-37.10. Taxi sign.
A taxicab shall be identified with a sign (which may be a dome light sign)
on the roof of the taxicab. The name of the individual owning or operating the
taxicab or the name of the firm shall be shown on the front of the sign and it will
be optional to place either the name or telephone number of such individual or
firm on the rear of the sign. Except as provided in this article, the type, design,
and placement of the sign shall be as specified by the director of public works of
the County of Hawaii. The sign may he a detachable type so that it may be
removed when the vehicle is not used for taxicab purposes. [T''° ~'~~'°^+^" ^r
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SECTION 8. Section 18-38, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-38. Permit required; content.
No person shall drive a taxicab without first obtaining a taxicab driver's
permit from the [^'~~°~^~„^'~^°.] director of finance. The permit shall be mounted
in a prominent place within the taxicab being driven by the person to whom it was
issued. The permit shall be mounted so that it is visible to all passengers. The
permit shall bear a serial number, the name of the person, the person's address,
and a recent color photograph of the person, two copies of which shall be
furnished by the applicant, the photograph to be no less than three inches in height
and two inches in width. It shall be a violation of this section for any person to
alter such taxicab driver's certificate.
SECTION 9. Section 18-39, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-39. Issuance requirements; exception.
No taxicab driver's permit shall be issued to any person unless such
person shall:
(1) Have a reasonable knowledge of the traffic laws of the County;
(2) Have a reasonable knowledge of the locations of streets, roads, and
highways, and of important County and State buildings and places
within the County;
(3) Be able to speak and understand the English language well enough
to converse satisfactorily with English-speaking people, except that
this paragraph shall not apply to any applicant whose sole
occupation from September 1, 1955, has been that of a taxicab
driver;
(4) Be eighteen years of age or older at the time of application;
(5) Have a valid State of Hawaii driver's license; and
(6) Be in compliance with the standards promulgated by the [e-fief-e€
Vie] director of finance relating to moral character and physical
fitness of the applicant based on prior records or certified
documents thereto.
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SECTION 10. Section 18-40, Httwa`i County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-40. Expiration; renewal; waiver of examination.
(a) Every taxicab driver's permit issued under this article shall expire, unless
otherwise revoked or cancelled, one year after the issuance thereof and
shall be renewed on or before its expiration date upon reexamination. A
new set of color photographs shall be furnished by an applicant with each
application for renewal.
(b) The [^'~~°~ ^~ '^^'~^°] director of finance may waive examination upon
renewal of a permit.
(c) Whenever a driver's license of any taxicab driver is suspended or revoked,
the [^'~~°~ ^~ ^^'~ ~] director of finance shall require that the taxicab
driver's permit be surrendered to and be retained by the [^'~~°~ ^~ ~^'~^°,]
director of finance, except that at the end of the period of suspension, the
permit so surrendered shall be returned to the licensee.
SECTION 11. Section 18-42, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-42. Permit revocation or suspension.
Any taxicab driver's permit issued pursuant to this article may be
suspended or revoked by a court of competent jurisdiction whenever:
(1) The holder of the permit is found to be disqualified by any of the
provisions of this article;
(2) The holder of the permit has been convicted for a violation of this article;
(3) The holder of the permit ceases to drive a taxicab for a period of thirty
consecutive days without previously having filed with the [^'~~°~°~„^'~^°]
director of finance a written notice of intention to cease driving and having
been granted permission by the [^'~~°~ °~ ~^'~^°] director of finance
authorizing the cessation of operation or driving; or
(4) The holder of the permit has been convicted of driving while intoxicated
or of violating chapter 329, Hawaii Revised Statutes, or the Federal
narcotics laws.
SECTION 12. Section 18-58, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-58. School bus construction; inspections.
No vehicle shall be used as a school bus unless the County [Ee€
Vie] director of finance determines that the vehicle is safely constructed.
5
SECTION 13. Section 18-6C~, I-lawai`i County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-60. Exhaust pipe requirements.
The placement and installation of exhaust pipes of each school bus shall
be as approved by the County [p^'~°° a°^°~n,°n~] department of finance. Every
school bus shall be constructed and maintained as to prevent exhaust gases from
entering the vehicle through the floor.
SECTION 14. Section 18-62, Hawaii County Code, is amended to read as follows:
Section 18-62. Emergency exits.
Each school bus shall be equipped with an emergency exit in the rear, or
on the opposite side of the entrance door, to be opened outward and capable of
being opened from either the interior or exterior of the bus. The emergency exit
shall be equipped with positive devices to keep it closed when not in use and of a
character to permit it to be opened readily when necessary without undue
accessibility for unauthorized use. The size, location, and type of the emergency
exit must meet with the approval of the County [pe'~°° a°„~~m°~+.] department
of finance.
SECTION 15. Section 18-68, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-68. Metal screening required; exception.
(a) Every side opening between the driver's seat and the rear shall be screened
with metal screen of not more than one and three-fourths inch mesh and
not less than no. sixteen gauge, all to the satisfaction of the County [peli~e
de~~] department of finance.
(b) This section shall not apply to any school bus equipped with safety glass
windows which are permanently adjusted to permit not more than fifty
percent of the top portion of the side openings from being opened.
SECTION 16. Section 18-76, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-76. Repair of deficient vehicle; certification required.
If any school bus is at any time found or known by the driver to be
dangerous or unsafe for operation or reported by anyone to the driver as being
dangerous or unsafe, the use of the school bus for the transportation of pupils
shall be discontinued immediately, until properly examined, and if necessary,
repaired, and a certification that the bus is in a safe condition must first be
obtained in writing from an official inspection station appointed by the County
[ ~~°~°~~°'~°° ° ~L.°° °~~°°r ]director of finance.
iwi .
6
SECTION 17. Section 18-85< ' la~vai`i County <'ode 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-88. Inspection of vehicles; issuance of certificate.
The County [^'~~°~ ~~ „^'~^°] director of finance or the [ekT~o~~o°~]
director of finance's duly authorized subordinate, which shall include any official
vehicle inspection station, shall, before any passenger license is issued to the bus,
inspect the bus for which a license is requested, and if such person finds the bus to
be in good serviceable and safe condition for the safe transportation of
passengers, such person shall deliver to the applicant therefor a certificate setting
forth the fact that the bus has been inspected and found to be safe for the
transportation of pupils.
SECTION 18. Section 18-89, Hawaii County Code 1983 (2005 edition, as amended), is
amended to read as follows:
Section 18-89. Monthly inspection required; certificate of inspection.
(a) Any vehicle used for the transportation of school children shall be subject
to a thorough inspection monthly, by the County [~~'~^° ~'°~°~*m°nt]
department of finance or any official inspection station so designated and
authorized by the [^'~~°~ ^~~^'~^°.] director of finance. When a vehicle has
been inspected and found to be in a satisfactory operating condition, the
department or inspection station shall issue a certificate of inspection,
which certificate shall include a check list printed on the reverse side,
certifying as to the equipment and mechanisms checked, and certifying to
the adequacy and safety of the vehicle and equipment.
(b) No vehicle without a certificate of inspection shall be used and no claims
for the transportation of school children shall be paid unless accompanied
by a certificate of inspection. A copy of the certificate shall be submitted
each month to the district superintendent, Hawaii island schools.
SECTION 19. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 20. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 21. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~~~ ~ _
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFE'REN66~ Cc~. 1224.2