HomeMy WebLinkAboutORD 1990-019 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 199
(DRAFT 3)
ORDINANCE N0.90 019
AN ORDINANCE AMENDING CHAPTER 18 OF THE HAWAII COUNTY CODE
1983, RELATING TO PUBLIC TRANSPORTATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and Findings. The purpose of this bill
is to amend the provisions of Chapter 18, Articles 1 and 2,
Hawaii County Code 1983, as amended, in various respects to
facilitate the efficient, effective, fair and modern regulation
of the taxi industry in the County of Hawaii.
The Council of the County of Hawaii finds that an
efficiently and fairly regulated taxi industry is in the best
interests of the citizens of the County. Existing taxicab
regulations are contained in Article 2 of Chapter 18 of the
County Code.
The Council finds that for the mutual benefit of the taxi
industry and the consumer, these regulatory provisions should
be periodically reviewed, and amended as may be necessary, to
respond to current problems.
The Council also finds that the taxi industry needs and
desires greater enforcement by the County of the regulations
governing taxicabs. The revenues generated by the annual
licensing of taxicabs can be used to offset the cost of
increased enforcement of existing and new provisions of this
chapter.
Further, the Council finds that this bill would make a
number of other amendments to Chapter 18, Article 2 of the
County Code to further the objective of fair and equitable
regulation and enforcement.
SECTION 2. Chapter 18, article 1, division 1,
section 18-1, Hawaii County Code 1983, as amended, is amended
,to read as follows:
"Section 18-1. Definitions. [(a)] As used in this
chapter:
[(1)] 'Carrier' means every person, individual,
corporation, joint stock company, firm, association,
lessee, trustee, receiver, or trustee appointed by any
court, who or which owns, controls, operates, or manages a
passenger-carrying motor vehicle, such as a sampan bus,
taxi or other vehicle exempted from Chapter 271, Hawaii
Revised Statutes, operated in the transportation of the
general public, over a prescribed route on a regular
schedule over any public street or highway within the
county; but not including:
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[(A)] ~ Persons transporting passengers
without charge in motor vehicles owned or operated by such
person, where such transportation is provided in
conjunction with and in furtherance of a related primary
business purpose or enterprise of that person, except that
this exemption shall not apply to persons making any
contract, agreement, or arrangement to provide, procure,
furnish, or arrange for transportation as a travel agent or
broker or a person engaged in tour or sightseeing
activities, nor shall this exemption apply where the
transportation is undertaken by a person to evade the
regulatory purposes of this chapter;
[(B)] ~bZ. Sightseeing buses;
[(C)] ~r Private transportation services of
churches and employers;
[(D)] ~ Student transportation; and
[(E)] ~ Any mass transit system owned,
maintained, and operated by the county including, but not
limited to, motor buses, street railroads, and fixed rail
facilities.
[(2)l 'Commission' means the county transportation
commission.
[(3)] 'Handicapped' means any individual meeting one
or more of the following standards and guidelines:
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[(A)] ~ Any individual who by reason of
illness, injury, advanced age, congenital malfunction, or
other incapacity or disability, is unable to compete in the
open job market for a period of more than one year.
[(B)] _(b~_ Any individual unable to perform one
or more of the following functions necessary to effectively
utilize public transportation facilities without
significant difficulty[.l_
[(i)] (1) negotiate a flight of stairs
[(ii)] (2) boarding or alighting from a
public transit vehiclel
[(iii)] (3) walking more than 200 feet
[(C)] ~ Any individual unable without special
facilities, special assistance, and special planning or
design to utilize the public transit system as effectively
as persons who are not so affected.
Supporting evidence of the handicap shall be required
by a licensed physician or agency involved in physical or
mental handicap programs. The handicap identification card
issued by the county transportation agency shall be
recognized for certified handicapped individuals.
[(4)] 'Public highways' means the same as the
definition of public highways in section 264-1, Hawaii
Revised Statutes, including both state and county highways,
but operation upon rails is not transportation on the
public highways.
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[(5)] '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 chief of police.
[(6)] 'Senior citizens' means any individual age 60
and over and maintains a senior citizen identification card
issued by the county department of parks and recreation,
elderly activities division.
[(7)] 'Student' means any individual currently
attending an educational institution certified by the state
and maintains supporting evidence of present enrollment
such as a student identification card.
[(8) 'Taxi' means any vehicle designed to carry
passengers, operating for hire solely on call or demand
from a fixed stand, and accepting passengers with or
without baggage for the transportation on the public
highways between points as may be directed by the
passengers. No vehicle is a taxi if passengers are picked
up by it on a public highway on the route of a carrier
certificated by the council, except that the picking up of
a passenger by a vehicle returning by the most direct
route, after having discharged a passenger, to the stand
where the vehicle is regularly stationed, when empty and
hailed by the passenger for that purpose, shall not prevent
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said vehicle from being classed as a taxi.] 'Taxi' or
'Taxicab' shall mean a vehicle designed to carry not more
than eight passengers operated by a taxicab driver which
is used in the movement of passengers for hire on the
public highways and which is directed to a deGtination by
the passenger for hire or on the passenger's behalf and
which operates on call or demand."
SECTION 3. Chapter 18, article 1., division 2, section 18-5
of the Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-5. Commission's powers and duties. The
commission shall have general supervision over carriers
including taxicabs and shall perform the duties and
exercise the powers imposed or conferred upon it by
division 3 of this article[.] and article 2 of this
chapter. In addition, the commission may serve as an
advisory body to the mass transportation agency and, upon
request of the mayor or council, advise on other
transportation-related matters."
SECTION 4. Chapter 18, article 2, division 1, section
18-31, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-31. Purpose: Scope: Definitions. [As
used in this article:]
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(a) Because the transportation of passengers or
property for hire in a taxicab is a vital and integral part
of the public transportation system in the county it shall
be supervised, regulated and controlled exclusively
pursuant to this chapter.
(b) As used in this article unless the context
otherwise requires:
[(1)] 'Chief of police' means the chief of
police of the County of Hawaii or [the examiner of
chauffeurs of the county.] his duly authorized subordinates
'Commission' means the county transportation
commission.
'Council' means the council of the County of
Hawaii.
[(2)] 'Cruise' or 'cruising' means the movement
or standing of a taxicab on a public highway or at a public
place in the county for the purpose of searching for or
soliciting a [Prospective] passenger for hire.
[(3) 'Fixed taxi stand' means a space set aside
for the exclusive use of a taxicab which is on private
property approved by the county planning department or is
at an airport.]
'Director' means the Director of Finance of the
county, or the director's duly authorized subordinates.
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[(4)] 'Multiple loading' means individuals or
groups of individuals, not traveling together, who agree to
share a taxicab to destinations in the same area or along
the same route, from a common origin. (Multiple loading,
when radio dispatched, may be initiated from other than
points of common origin.)
[(5) 'Passenger' means one or more persons
employing or engaging a taxicab for hire. The term
'passenger' does not include the operator of the taxicab or
any child under the age of five years not occupying seating
space.] 'Passenger for hire' means a person transported in
a taxicab for consideration.
'Property for hire' means property transported in
a taxicab for consideration.
'Road taxi stand' means a space set aside on a
public s treet or C ount y-controlled facility by the council
for the exclu sive use of taxicabs.
[(6) 'Rural area' means that portion of the
island of Hawaii which lies outside of the city of Hilo.]
[(7) 'Taxicab' means and includes any motor
vehicle designed to carry seven passengers or less,
operating for hire within the geographical limits of the
county, and accepting any passenger with or without baggage
for transportation between points as may be directed by the
passenger, the charges for service being based upon the
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distance traveled, plus waiting time, if any, or the
combination of distance traveled and time elapsed. The
term 'taxicab' does not include: (1) any sightseeing bus;
(2) any bus employed solely for transporting school
children or teachers; (3) any hotel bus operated solely
between steamship piers, airplane terminals or hotels; (4)
any chartered bus; or (5) any motor vehicle rented or hired
on a 'u-drive' or 'drive yourself' basis.]
'Taxicab' means a vehicle designed to carry not
more than eight passengers, operated by a taxicab driver
which is used in the movement of passengers for hire on the
public highways and which is directed to a destination by
the passenger for hire or on the passenger's behalf and
which operates on call or demand.
'Taxicab company' means any person or entity
which holds licenses for one or more taxicabs leases motor
vehicles to drivers to be used as taxicabs or which
operates a central dispatch service for one or more
taxicabs.
'Taxicab driver' means a person duly licensed as
a driver of a motor vehicle who has obtained a valid
taxicab driver's permit.
[(8) 'Time elapsed' means the duration of time
from]
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[(9) 'Waiting time' means the time during which
a taxicab is standing at the direction of a passenger.]
'waiting time' means the period during which a
taxicab is standing at the direction of or on behalf of a
passenoer for hire and the time consumed due to traffic
delays while transporting a passenoer for hire, which time
is automatically computed by the taximeter when the speed
of the vehicle falls at or below the speed at which the
fare computed using the basic distance rate is equal to th
fare computed using the basic time rate "
SECTION 5. Chapter 18, article 2, division 1, section
18-33, subsection (d), Hawaii County Code 1983, as amended, is
amended to read as follows:
"(d) Any applicant whose name is drawn, to be awarded
a certificate of public convenience and necessity, must
qualify, obtain a taxicab license, and operate the taxicab
within sixty days after the applicant's name was drawn.
Failure to do so will result in the forfeiture of the right
to be awarded the certificate."
SECTION 6. Chapter 18, article 2, division 1, section
18-36, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-36. Unauthorized possession of taxicab
paraphernalia. No person who does not possess a valid
[certificate of convenience and necessity] taxicab license
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issued pursuant to the provisions of this article shall
permit any motor vehicle owned, operated or otherwise under
the control of such person to be equipped with, carry or
display any:
(a) Taxi meter;
(b) Fare box;
(c) Taxicab driver's permits; or
(d) Any sign., light, or other device that identifies
such motor vehicle as a taxicab."
SECTION 7. Chapter 18, article 2, division 2, section
18-38, Hawaii County Code 1983, a's 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 chief of police. The
permit shall be [placed] 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 i 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 anv
person to alter such taxicab driver's certificate "
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SECTION 8. Chapter 18, article 2, division 2, section
18-39, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-39. issuance requirements; exception.
(a) No taxicab driver's permit shall be issued to any
person unless he 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; [and,]
(3j 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 axe or older at the
time of application;
S~) Have a valid State of Hawaii driver's
license; and
(6) Be in compliance with the standards
promulgated by the chief of police relating to moral
character and physical fitness of the applicant based on
prior records or certified documents thereto "
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SECTION 9. Chapter 18, article 2, division 2, section
18-40, Hawaii County Code 1983, 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
re-examination. A new set of color photographs shall be
furnished by an applicant with each application for ren wal
(b) The chief of police may waive examination upon
renewal of a permit.
(c) Whenever a driver's license of anv taxicab driver
is suspended or revoked the chief of police shall require
that the taxicab driver's permit be surrendered to and be
retained by the chief of police except that a the end of
the period of suspension the permit so surrendered shall
be returned to the licensee."
SECTION 10. Chapter 18, article 2, division 2, section
18-41, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-41. Permit fee.
(a) The following fees are established for the
issuance of a taxi driver permit; the fees to be deposited
in the general fund of the County:
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(1) Initial issuance, $10.
(2) Renewal, $5.
(3) Duplicate to replace lost or mutilated
certificate. or corrected certificate. $5."
SECTION 11. Chapter 18, article 2, division 2, section
18-42, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-42. Permit revocation or suspension.
(a) 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 chief of police a written
notice of intention to cease driving and having been
granted permission by the chief of police authorizing the
cessation of operation or driving;
(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."
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SECTION 12. Chapter 18, article 2, division 2, section
18-43, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-43. Appeal to circuit court. Any
applicant who has been refused a taxicab driver's permit
after at least three examinations, or who has been refused
any examination, may appeal the refusal to the circuit
court by filing a petition in the court within thirty days
of the date of the refusal. The appeal shall not operate
as a stay to the order or decision appealed from. The
appeal shall be subject to the procedure and rules
prescribed by the court."
SECTION 13. Chapter 18, article 2, division 3, section
18-49, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-49. Schedule of fares.
(a) No driver or owner of a taxicab while operating
the taxicab within the County shall charge, demand,
collect, or receive a fare other than that based on the
following schedule except as provided by this section:
(1) Initial meter actuation shall equal $2 and
shall entitle customers to one-eighth of a mile or less, or
one minute waiting or elapsed time or less.
(2) Thereafter, 20 cents for each additional
one-eighth of a mile or fraction thereof.
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(3) 20 cents for each additional one minute of
waiting or elapsed time or fraction thereof.
(b) [Nothing contained in this section shall be
construed to permit charging mileage or waiting time rates
of fare which are greater or less than or different from
those established and fixed by subsection (a).] Where a
taximeter is designed to calculate fares upon the basis of
a combination of mileage traveled and
time elapsed, as provided in Section 18-44 the rates of
fare upon the combination of mileage traveled and time
elapsed shall be the same as fixed by subsection (a).
Lc) The foregoing rates or charges shall be subiect
to the following exceptions and conditions whichever he
case may be:
(1) Fares are only applicable to the use of the
taxicabs when actually occupied by or standing at the
direction of the passenger for hire or when occupied by
parcels baggage or property transported for hire• provided
that no other charges shall be made for the use of a
taxicab for hire except as provided herein.
~) A driver, owner or lessee who owns
operates controls or dispatches a taxicab may give a
discount to handicapped persons, senior citizens, or
students. Such discount shall not exceed twenty per cent
(20%) of the meter fare.
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(3) The driver, owner or lessee of a taxicab may
waive the baggage charges prescribed in Section 18-52
SECTION 14. Chapter 18, article 2, division 3, section
18-52, Hawaii County Code 1983, as amended, is amended to read
as follows:
"Section 18-52. Baggage charge. A taxicab driver
may charge [30 cents] one dollar ($1.00) for each piece of
baggage, except that any small bag such as a train case,
briefcase, or a package that is carried into the cab by the
passenger shall be conveyed without charge. For each
surfboard or bicycle transported a charge of $3 may be
made."
SECTION 15. Chapter.l8, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Taxicab license
(a) The director of finance shall issue taxicab
licenses and collect the required fees in accordance wi h
the provisions of this article and any other applicable
provisions of the law Each license issued shall allow he
applicant to operate one taxicab The issued licens
shall not be transferable.
(b) No taxicab license shall be issued o anv
applicant unless he shall have been granted a certificat
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of_public convenience and necessity by the commission and
submit evidence of compliance with the requirements of this
article regarding:
(1) posting of taxicab driver's permit•
(2) posting of fare schedule•
~) physical condition of taxicab•
(4) taxicab roof sign;
(5) taxicab control numbe r
(6) taximeter inspection;
(7) trade name and markings•
(8) financial responsibili~
~c) Fees.
(1) All licenses issued under this se ion hall
expire on June 30 of the current licensing year An
s'~pplication for the renewal of such li nse for th
f911owing year may be made on or after the fir day of
June.
(2) The annual fee for a taxicab licens shall
be $120.00: provided that, when a license fee has already
been paid on a vehicle and that vehicle is within the
year replaced by another vehicle the unexpired portion of
the license fee paid on the vehicle so replaced hall be
credited to the license fee payable for the substitute
vehicle. For the purposes hereof, the unexpired portion of
the license fee paid on the vehicle which has be n replaced
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shall be that portion of the annual fee which is equal to
one-twelfth of said fee multiplied by the number of full
months remaining during the current licensing year
Whenever a vehicle licensed as a taxi ab is r placed
by another vehicle under the provision of thi article
the sum of $10.00 in addition to the license f shall b
assessed against the owner of the vehicl so replaced to
defray the administrative costs in rred by the County
When the initial application for uch li nse is mad
in any month other than July the license fee shall be
reduced by one-twelfth of the ann al f for ach full
month of the license year which shall hay elapsed at tim
of the application.
(3) Upon payment of fees required by this
section the director of finan shall i ~P a d al o b
placed on the left side of the r ar b mper as evidence that
Current fees have been paid When a decal is lost olen
or mutilated, a replacement hall b issued upon collection
of a fee of $1.00.
(d) Surrender and cancellation
(1) The holder of a taxicab lic nse shall
immediately surrender said license and decal o the
director of finance when the taxi ab lic nse th reunder has
not been used to carry passengers for hire for a
consecutive period of 30 days
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(2) The above period shall be extended to a
total of 180 days if the non-use is caused by the vaca ion
illness or iniurv of the regular taxicab driver or due to
the delay of repair due to parts or receipt of a
replacement taxicab.
(3) Upon surrender the taxicab license shall be
cancelled.
(e) License revocation or suspension
(1) Any taxicab license i d pursuant to this
article may be suspended or revoked by the commission of r
a hearing held in compliance with se ion 18-11 of thi
chanter and Chapter 91, Hawaii Revised S atut whenever
the holder of the taxicab license fails to comply with the
requirements of any section of this articl
(2) Any taxicab license i a>>ad pursuan to his
article may be suspended for p to thirty days by the
director for violations of this articl Wi hin he
thirty-day suspension period the commi sion shall conduct
a hearing to either uphold or rescind the ac ions of th
director."
SECTION 16. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Establishment of road taxi s ands
The council may establish road taxi stand on public
20
streets and county-controlled facilities upon
recommendation of the commission.__The commission shall
study and recommend to the council the site placement of
such stands The director shall issue upon application
therefor on forms furnished by the director and upon the
~avment of annual fees as hereinafter provided permits for
the parking of taxicabs All permits i d and r this
section shall be valid for a permit year commen ing with
the first day of Julv A permit deemed granted upon
approval of the application shall expire on June '~0 of the
permit year issued However an application for the
renewal of such permit for the following year may be made
on or after the first day of June and approval h reof mays
be granted upon the payment of the permit fee The permi
shall be evidenced by an appropriate decal furnished by the
director which shall be placed on he left sid of th rear
bumper adiacent to the taxicab license decal
The director shall charge and collect a permit fee
consisting of an annual fee to be det rmined by the council
for each permit, and a fee of $1.00 for each decal•
provided that where the application for such permi is
made in any month other than Julv th permit f shall be
reduced by one-twelfth of the annual fe amoun fot each
full month of the then permit year which shall have elaps d
at time of the application• provided further that when an
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annual permit fee has already been paid on the vehicle and
that vehicle is within the year replaced by another
vehicle the unexpired portion of the permit fee paid on
the vehicle so replaced shall be credited to the permit fee
payable for the substituted vehicle and for the purpose
hereof the unexpired portion of the permit fee Ghall be
reduced by one-twelfth of the annual fee amount for each
full month remaining of the current permit year Where a
decal is mutilated defaced or lost a replacement decal
shall be issued upon pavment of $1 00 "
SECTION 17. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
'Section Prohibited acts
(a~ Intoxicating liquor.
(1) Intoxicatina liquor as defined by Section
281-1 HRS as amended shall not be carri d in anv taxi ab
during the business hours of such taxicab except as the
~r9perty of a passenger riding in said taxicab or as
property for hire.
L2) No person shall consume anv intoxicating
liquor as defined by Section 281-1. HRS as amended while
a passenger in any taxicab upon anv public street road or
highwav.
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(3) No person shall possess, while a passenoer
in a taxicab upon anv public street road or hiohway anv
bottle, can or other receptacle containing any intoxicating
liquor as defined by Section 281-1. HRS as amended which
has been opened or a seal broken or the contents of which
have been partially removed.
(4) No person shall drive a taxicab whil having
any alcohol in that person's blood body or breath
(b) The operator of a taxicab or taxicab ompany
shall not refuse to furnish an unenaaged available taxicab
and driver during the business hours of such and pon
call or request from an orderly person loca d wi hin on
mile of such taxicab or taxicab company by the most direct
street route.
(c) Taxicab companies and drivers are prohibit d from
pavinq kickbacks to hotel doorperson or oth r persons that
dispatch taxicabs It shall also b unlawf 1 for a ho 1
doorperson or other person to solicit or receive s h a
kickback from a taxicab company or taxicab driver Thi
provision shall not apply to legitimate commissions paid to
tour and travel companies legitimate payments to taxicab
Companies or salaries or wanes paid to dispatchers
employed by taxicab companies.
For the purpose of this subsection 'kickback' means a
payment by a taxicab company or driver to a ho el
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doprperson or other person who dispatches the taxicab
company or driver to carry a passenger for hire property
for hire or both when the payment is required explicitly
or implicitly by the hotel doorperson or other person as
consideration for the dispatch."
SECTION 18. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Fraudulent call and non-payment
It shall be unlawful for any person to call for a axicab
for purposes of hire without intending to use such taxicab
or to use a taxicab for hire withou int nding o pay the
gal fare upon completion of the trip "
SECTION 19. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Notice required Ea h vehi le u d
as a taxicab shall display at all time a notice in he
taxicab interior in both English and Japanese which is
readily visible to and readable by passengers Thi no ice
shall be provided by the director and shall r ad as follows•
'The driver of this taxicab is r quired to give a
receipt for service provided to any customer who
requests a receipt Any complaint about taxicab
service or charges may be directed to the County
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Director of Finance. (mailing address), (telephone
number) . "'
SECTION 20. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new .
section to be appropriately designated and to read as follows:
"Section Bulky items A taxicab driver may
refuse to transport any item not capable of being
transported within the confines of the rear passenger
compartments or the trunk of the taxicab "
SECTION 21. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Disorderly persons
Notwithstanding any of the foregoing provisions the
2perator of a taxicab or taxicab company may refuse to
dispatch a taxicab to and a taxicab driver may refuse to
furnish transportation to a disorderly person "
SECTION 22. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Soiling of taxicab A taxicab
driver may require a passenger for hire whose condi ion
may be likely to soil the seats of the taxicab to it upon
protective material furnished by such driv r Upon
non-compliance with the request the taxicab driv r may
refuse to transport such passenger "
25
SECTION 23. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section 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 he
Berson clothing or possessions of a passenger The
v_Qhicle's exterior shall be reasonably clean and shall be
essentially free from cracks, breaks and maior 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 overing
Repairs done to comply with this section shall be done
within a reasonable time based on availability of parts and
labor The director of finance may require written
approval of the condition of a taxicab from he chi f of
police before a taxicab license is issued to a vehi le
pursuant to Section "
SECTION 24. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section 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 hall be
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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, desion, and placement
of the sign shall be as specified by the chief engineer of
the County of Hawaii The sign may be a detachable type so
that it may be removed when the vehicle is not used for
taxicab purposes The director of finance may require
written approval of the taxi sign from the chief of poli
before a taxicab license is issued to a v hicle p rsuan to
Section
SECTION 25. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read~as follows:
"Section Taaicab control number No person
may operate a taxicab unless the taxicab i clearly
identified and marked as prescribed herein with a axicab
control number assigned by the director of finance Th
taxicab control number shall be prominently post d on th
exterior surfaces of the front and rear bumpers of the
taxicab The taxicab control number posted on the taxicab
as prescribed herein may be either painted onto the
surfaces or be comprised of decals provided by the axi ab
company owner or operator and shall conform o such
other requirements or specifications as the director of
finance may prescribe by rule."
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SECTION 26. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Trin route. No operator of a
taxicab may transport a passenoer except to the requested
destination by the most direct or economical route unl
specifically instructed or agreed to by the passenger "
SECTION 27. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Evidence of financial
responsibility
(a) The director of finance shall require evidence of
financial responsibility from the owner and/or opera or of
a taxicab or taxicab company before issuino a taxicab
license and decal to enoage in the taxicab business The
owner and/or operator shall have insurance in force and
other evidence of financial responsibility so lono as th
taxicab is used in business.
Such evidence of financial responsibility shall be
evidenced by an insurance policv as required below
The director of finance shall retain the original copy
of the insurance policv issued by a companv licensed to do
business in the State of Hawaii. The nolicv shall be duly
countersioned by its authorized Hawaii anent complete with
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all end_orSements__an_d_att~hments or a certified co
thereof. Such policy shall provide for primary public
liability insurance coverage in the amount of $100,000
because of bodily injury to or death of one person in any
accident and in the amount of $200 000 because of bodily
injury to or death of two or more persons in any one
accident and property damage insurance in the amount of
$50 000 because of damage to or destruction of property of
owners in any one accident for each taxicab for hire All
policies shall be on a fiscal year basis ending on June 30
of each year Insurance policies on vehicles regulated
under this article shall contain a provision that the
policy will not be reduced in coverage or cancelled without
thirty calendar days' prior written notice to the dir for
of finance by the authorized Hawaii agent for the in ranee
company
In addition to the coverage above if the taxicab
oparator or taxicab company is participating in a County
sponsored shared-ride taxi program or renting a road taxi
stand space from the County they shall comply with the
insurance requirements of those programs and the Co ntv of
Hawaii shall be named as additional insured on the polio
(b) If at any time after the issuance of the axicab
license and license decal the required insurance coveragg
is reduced or cancelled, the director of finance shall
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revoke or suspend the taxicab license and license decal.
Such revocation shall be done in accordance with Section
18-11 hereof and Chanter 91. HRS.
SECTION 28. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Rule-making powers The director of
finance and the chief of police are authoriz to
promulgate any rules or regulations not inconsistent wi h
this chapter having the force and effect of law a
provided for in Chapter 91. HRS, in the administra ion and
enforcement of this article."
SECTION 29. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Appeals An applicant whose
application for a taxicab license has been deni d revoked
or suspended by the director of finance may file within
thirty days after receipt of said revocation suspension or
denial an appeal for a hearing with the commission "
SECTION 30. Chapter 18, article 2, division 1, Hawaii
County Code 1983, as amended, is amended by adding a new
section to be appropriately designated and to read as follows:
"Section Trade names and markings. The
director shall have the power to approve or disapprove the
30
use of a trade name or marking by a taxicab or taxicab
comoanv. A trade name or marking may be disapproved if its
use may cause confusion or misidentification, or it is in
any other way undesirable."
SECTION 31. Material to be deleted is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material, and underscoring need not be
included.
SECTION 32. If any provision of this ordinance or the
application thereof to any person or circumstances 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 33. This ordinance shall take effect on
July 1, 1990.
INTRODUCED BY:
l ~G ~~~.~~~ ~
MEMBER, COUNT OF HAWAII
Koha~ Hawaii
Date of Introduction: February 21, 1990
Date of 1st Reading: February 21, 1990
Date of 2nd Reading: March 7, 1990
Effective Date: March 14, 1990
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