HomeMy WebLinkAboutORD 2016-108 2016-2018JMtV0
COUNTY OF HAWAII is STATE OF HAWAII
7TE OF 'A
BILL NO. 240
DRAFT 2
ORDINANCE NO. 6 108
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 4 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW
DIVISION RELATING TO THE HELE-ON KAKO`O COMPLEMENTARY
PARATRANSIT SERVICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
"SECTION 1. Chapter 18, article 4 of the Hawaii County Code 1983 (2005 Edition, as
amended) is amended by adding a new division to be appropriately designated and to read as
follows:
"Division . Paratransit Service.
Section 18-_. Establishment of paratransit service.
(a) The mass transit agency shall provide a paratransit service to complement the fixed route
services operated by the County. This paratransit service shall be referred to as Hele-On
Kdko `o.
(b) Hele-On Kdko`o shall comply with all federal and state regulations that relate to paratransit
as a complement to fixed route services for public transportation.
Section 18- . Definitions.
As used in this division, unless the context otherwise requires:
"Paratransit service" means the County public transportation service which complements
the current fixed routes providing origin -to -destination service to eligible individuals under the
Americans with Disabilities Act of 1990.
"Rider" means a person deemed eligible to ride on the paratransit service in accordance
with the American with Disabilities Act of 1990; Code of Federal Regulations 49, part 37,
subpart F, section 37.123 or a person certified as eligible for paratransit services by the mass
transit agency.
Section 18-_ Eligibility.
(a) The mass transit agency shall approve or deny applications for Hele-On Kako'o services
within twenty-one calendar days after receipt. Approval may include a finding that an
applicant is eligible for some but not all of Hele-On Kako'o services. Specific reasons
shall be cited for any decision other than complete approval.
(b) If a decision has not been made within twenty-one calendar days, the applicant shall be
deemed eligible for paratransit service on a temporary basis until a decision has been
made.
(c) Individuals found eligible for Hele-On Kdko'o service will be issued a paratransit
identification card.
Section 18-_. Suspension of service.
(a) The mass transit agency may suspend the provision of Hele-On Kdko`o services to riders
who miss three or more scheduled trips.
(b) Trips missed by an individual for reasons beyond the individual's control including, but not
limited to, trips missed due to operator error, shall not be included in any count of missed
scheduled trips.
(c) Before suspending service, the mass transit agency shall notify the individual in writing:
(1) That the County proposes to suspend service, citing the extent of the suspension, the
basis for, and the length of the proposed suspension or restriction of service; and
(2) Of their opportunity to appeal the mass transit agency's decision.
Section 18-_ Appeals.
(a), Any applicant or rider who is aggrieved by a decision by the mass transit agency regarding
eligibility or suspension, may appeal the decision to the County transportation commission.
(b) Appeals must be filed with the commission within sixty days of notification of the agency's
determination.
(c) The commission shall afford the applicant or rider an opportunity to be heard and to present
information or arguments or both.
(d) The commission shall provide a final decision within thirty days of the completion
of the appeal process. The County shall not be required to provide paratransit
service to the individual pending the resolution of the appeal. However, if the
commission does not provide a decision within this time, service shall resume or be
provided to the individual."
2
SECTION 2. Severability. 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 3. This ordinance shall take effect upon its approval.
Kona , Hawai`i
Date of Introduction: November 2, 2016
Date of 1 st Reading: November 2, 2016
Date of 2nd Reading: November 16, 2016
Effective Date: December 5, 2016
REFERENCE Comm. 1047.4
INTRODUCED BY:
COUNCIL MEMVER,• OF HAWAI'l
3
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS.'
OFFICE OF THE COUN��R CLERK
County of Hawai U 1`1AWA is
Kona Hawai`'
SCC -5 P11 2.04
Daniel K. Paleka, Jr.
November 2, 2016
November 2, 2016
November 12, 2016
Second Reading: November 16, 2016
To Mayor: November 25, 2016
Returned: December 5, 2016
Effective: December 5, 2016
Published: December 17, 2016
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
1
Approved/ isapproved this
of/�, 20
MAYOR, COUNTY OF HAWAI `I
COU,,AVIL CHAIRPE ON
'O NTY CLERK
Bill No.: 240 (Draft 2•)
Reference: C-1047.4/PSMTC-26
Ord No.: 16 i®s