Loading...
HomeMy WebLinkAboutORD 2008-107 2006-2008~~n µ~i ~~~FS COUN~ITY OF HAWAII ~'~ _ _ ~'' STATE OF HAWAII BILL NO. 305 o~ g~~ (Draft 2) ORDINANCE NO. u AN ORDINANCE AMENDING CHAPTER 18, ARTICLES 1, 2 AND 3, OF THE HAWAII COUN"fY CODE 1983 (2005 EDITION, AS AMF.,NDED), RELATING TO COMMON CARRIERS, TAXICABS AND SCHOOL BUSES. I3E IT ORDA19VED BY THE COUNCIL OP THE COUNTY OF HAWAII: SECTION 1. Purpose. Due to the transfer of public transportation related functions from the 1-Iawai`i 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 treatedYSO 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 [chief-e€ }~ekee-'~ director of finance. SECTION 3. Section 18-I5, Hawai`i County Code (1983 (2005 edition, as amended),~is amended to read as follows: Section ]8-15. Determination of carrier eapacstp. The seating (i.e., passenger carrying) capacity of each r.~oCOr 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 Icss, the seating capacity of the space is one passenger. (2) If the lengthpf any seating space is more than twenty-two inches but not mor~.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 ,i..t-' than thirty-ei;.~it~ '.iic'liu`; bu? iSf: ii°~an forty inches, the seating capacity is three passengers below nineteen years of age. (3) Each additional Fifteen inches shall be seating space for an additional passenger. (4) 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. (5) The seating space oca~pied by the chauffeur shall be included in and considered as part of the rated seating space of each vehicle. (6) 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 [I3elie~ depa#trte»t] 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 tix and allow a rated passenger carrying capacity to the vehicle in excess of the "rated iii 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 (loot 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 Flilo; 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. r S1CTiOiV 4. Section 18-17, i ~a2ec~~ai! +.~5ii.~iy Ctrw'~~ 1983 (2005 edition, as amended), is amended to read as follows: Sectio'i 18-17. Seating capacity determined by examiner of chauffeurs. The examiner of chauffeurs of the County [pn'~~~ent] denartment of finance shall measure the seating space of every common carrier vehicle and shall determine the seating capacity of each vehicle. 5. Section 18-34, Hawaii County Code 1983 (2005 edition, as amended), is amended to read as follows: Section 18-34. Persona( use by driver. (a) 11f 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 Ali taximeter. (b) ~~ The [ "~2r.,~~fro'.io~] director of finance shall prescribe the size and .specification of the "special" metal sign and the sign shall be furnished by the ["~~ director at cost. 1 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. IIINo 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 exierior shall be reasonably clean and shall be ~' essentiially free from cracks, breaks and major dents. It shall be painted to provide adequate protection and appearance. F.ach 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 and labor. [T~o ,,:_,,,.«,... ,.c r:.,...,,...~ .:.«o., .. ..~ „F.~,„ ,..,a:«:,.., SECTION 7. Section 18-37-IQ, 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 oh 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 ~f 3 ,~ the Cciunty of Hawaii. The S~i~~,it ma}' be. a detac'~able type so that it may be Twe a:.o,.~,,. ,.r .removed when the vehicle is not used for taxicab purposes. [z„~-~.-~ SECTION 8. Section 18-38, Hawaii County Code 1983 (2005 edition, as amended), pis 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 [^"~°F~] director of finance. The permit shall be mounted in a prominent place within the taxicab being driven by the person to whom it was I issued.' The permit shall be mounted so that it is visible to all passengers. The permit~'i~shall bear a serial number, the name of the person, the person's address, and a recenC color photograph of the person, two copies of which shall be fiirnished by the applicant, the photograph to be no less than three inches in height and lwo 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), 4is amended to read ~as follows: ~,~ Section 18-39. Issuance requirements; exception. ~a No tax I icab driver's permit shall be issued to any person unless such person! shall: 'il (1) Have a reasonable knowledge of the traffic laws of the County; (2) Have a reasonable knowledge of the locations of streets, roads, and II 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, 195, 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 [chief-ef peliee] director of finance relating to moral character and physical fitness of the applicant based on prior records or certified documents thereto. // 4 (~ ;:~:. SECTION 10. Section 18-40, 1-tK:vai` County Code 1983 (2005 edition, as amended), is amended to read as follows: Sectio0 18-40. Expiration; renewal; waiver of examination. (a) ~~Every taxicab driver's permit issued under Chis article shall expire, unless otherwise revoked or cancelled, one year after the issuance thereof and ahall 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 [^"~~°~2] director of finance shall require that the taxicab driver's permit be surrendered to and be retained by the [^"~°°~-~i~;] director of finance, except that at the end of the period of suspension, the permit so surrendered shall be returned to the licensee. SECTION 1 I. Section 18-42, Hawaii County Code 1983 (2005 edition, as amended); is amended to read as follows: N Section 18-42. Permit revocation or suspension. li 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) IP 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 [^"~~a~ p~i„~] 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 [e#~ief-e€ police] director of finance determines that the vehicle is safely constructed. 5 :,;;.: . SECTION 13. Section 18-60; Hawaii 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 [pol~••~~] department of finance. Every school',bus shall be constructed and maintained as to prevent exhaust gases from enteririg 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 gpened 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 mast meet with the approval of the County [p~'~°~art n=~ nr.] 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 Inot less than no. sixteen gauge, all to the satisfaction of the County [pelic~ a°~°~w.°~' department of finance. a~n~ , (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 [^'~~°~~~~~°'~°° ^- ° ~~'~°° ,.fa°°° ] director of finance. ,. ~ ~~ • -,~, 6 ;;;~:.. SECTION ] 7. Section 18-ff8, F_tr`vai`i County Cade 1983 (2005 edition, as amended); is amended to read as follows: Section 18-88. Inspection of vehicles; issuance of certificate. The Count '~~°F ~` ~~'~~~ director of Ynance or the c~,:~F ~F ~~'~•~°'° Y L-.ate-~-~~1 „=~=~,o~~l director of finance's duly authorized subordinate, which shall include any olticial 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 [^~'~~~~] department of finance or any official inspection station so designated and authorized by the [^~:~F~a,~.-of ~p ate] 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. 1. SECTION 21. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~°`"' COUNCIL MEMBER, COUN'T'Y OF HAWAT`I , Hilo, Hawaii . Date of Introduction: Date of 1st Reading: Date of 2nd Reading Effective Date: June 3, 2008 June 3, 2008 July 2, 2008 July 16, 2008 REfEBElIG6 Gqu~, 1224,2 8 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Brenda Ford Date Introduced: June 3, 2008 First Reading: June 3, 2008 Published: N/A RtaNARKS: June 18, 2006 - Amended to Draft 2 & held over pursuant to Council Rule 25 (e) Second Reading: July 2, 2008 'fo Ntayor. July 11, 2008 Rennned: July 17, 2008 III'ective: July 16, 2008 Published: July 23, 2008 REMARKS: I DU HERE6Y CERTIFY that the foregoing BIGG was it~clicated abode. ~ APPROVED AS TO FORM AND LEGALITY: DEPUTY RPORATION COUNSEL COUN OF HAWAII Date ,~ T_ :Ippruret Disapprovedthh~ ~ ~~ day ~,/ Jdi , ~0 08 naf I ~R, co ~ HAwarl y_,~.t' ,_ iii=('} ROLL CALL VOTE COOK Jl~.hr Fk7 RtJI~E9 TABS EX Ford y /"` M..l .. i'1 rf'1: Higa LXdTY - 4-=_',~ "• Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 by the County Council published as C~ C ERC~~I Bill No.: Reference: Ord No.: 305 (Draft 2) C-1224.2/FC-295 ®t~ ~Q7 Ordinance Number 08-107 I hereby certify that the following Ordinance passed second and final reading at the meeting of the County Council on July 2, 2008, by vote, as listed below: Ordinance 08-107 (Bi11305, 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. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. ~~, Cas~ ~n~t.~.,~ti~_ County Clerk (Hawai`i Tribune-Herald -July 23, 2008) (West Hawaii Today -July 23, 2008) Note: The original DigesUAffidavit is attached.