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HomeMy WebLinkAboutChapter 18 Provisions 230920 Clean CHAPTER 18 PUBLIC TRANSPORTATION Article 1. Common Carriers. Division 1. General Provisions. Section 18-1. Definitions. Section 18-2. Safety glass required. Division 2. County Transportation Commission. Section 18-3. Membership. Section 18-4. Mass transit administrator as chief administrator. Section 18-5. Commission's powers and duties. Division 3. Certificate of Public Convenience and Necessity. Section 18-6. Required; hearing; issuance. Section 18-7. Issuance in two or more names. Section 18-8. Revocation; causes. Section 18-9. Rates, routes, safety standards, and insurance set by commission. Section 18-10. Rules; procedure and evidence. Section 18-11. Notice of hearing. Section 18-12. Penalty; injunction. Section 18-13. Appeals. Section 18-14. Applicability of other laws. Division 4. Passenger Capacity. Section 18-15. Determination of carrier capacity. Section 18-16. Children excepted from consideration. Section 18-17. Seating capacity determined by examiner of chauffeurs. Section 18-18. Vehicle to bear notice of seating capacity. Section 18-19. Rated capacity limit. Section 18-20. Penalty. Division 5. Bus Terminals and Parking. Section 18-21. Bus terminal location; buses in Hilo. Section 18-22. Bus terminal location; country buses. Section 18-23. Rules and regulations. Section 18-24. Parking fee. i Article 2. Taxicabs. Division 1. General Provisions. Section 18-31. Purpose; scope; definitions. Section 18-32. Certificate of public convenience and necessity. Section 18-33. Hearing; factors considered; revocation. Section 18-34. Personal use by driver. Section 18-35. Cruising. Section 18-36. Unauthorized possession of taxicab paraphernalia. Section 18-37. Penalties. Section 18-37.1. Taxicab license. Section 18-37.2. Establishment of road taxi stands. Section 18-37.3. Prohibited acts. Section 18-37.4. Fraudulent call and nonpayment. Section 18-37.5. Notice required. Section 18-37.6. Bulky items. Section 18-37.7. Disorderly persons. Section 18-37.8. Soiling of taxicab. Section 18-37.9. Condition of taxicabs. Section 18-37.10. Taxi sign. Section 18-37.11. Taxicab control numbers. Section 18-37.12. Trip route. Section 18-37.13. Evidence of financial responsibility. Section 18-37.14. Rulemaking powers. Section 18-37.15. Appeals. Section 18-37.16. Trade names and markings. Section 18-37.17. Shared-ride taxi service. Division 2. Driver's Permit. Section 18-38. Permit required; content. Section 18-39. Issuance requirements; exception. Section 18-40. Expiration; renewal; waiver of examination. Section 18-41. Permit fee. Section 18-42. Permit revocation or suspension. Section 18-43. Appeal to circuit court. Division 3. Taximeters and Fares. Section 18-44. Installation requirements. Section 18-45. Operation during taxi use. Section 18-46. Registration and inspection required. Section 18-47. Inspection fees. ii Section 18-48. Repair and testing of defective meter. Section 18-49. Schedule of fares. Section 18-50. Waiting time stipulation. Section 18-51. Computation of distance for fares. Section 18-52. Baggage charge. Section 18-53. Rate charges. Section 18-54. Multiple loading. Section 18-55. Posting of rates of fare. Article 3. School Buses. Division 1. General Provisions. Section 18-56. Definitions. Section 18-57. Penalty. Division 2. Specifications and Equipment. Section 18-58. School bus construction; inspections. Section 18-59. Fuel tank location; diesel exception. Section 18-60. Exhaust pipe requirements. Section 18-61. Door specifications. Section 18-62. Emergency exits. Section 18-63. Aisles and ceilings. Section 18-64. Seat location. Section 18-65. Seat specifications. Section 18-66. Required safety equipment. Section 18-67. Sanitary condition required. Section 18-68. Metal screening required; exception. Section 18-69. Identification markings. Division 3. Drivers and Bus Operations. Section 18-70. Liquor prohibited. Section 18-71. Smoking restricted. Section 18-72. Driver hours limited. Section 18-73. Talking with driver unnecessarily prohibited. Section 18-74. Inspection before operating vehicles. Section 18-75. Unsafe vehicle; alternative transportation. Section 18-76. Repair of deficient vehicle; certification required. Section 18-77. Conduct of passengers; driver's responsibility. Section 18-78. Discharging passengers in a safe manner required Section 18-79. Driving violations to be reported to police. Section 18-80. Manner of operation. iii Section 18-81. Bus operation. Section 18-82. Dangerous loading prohibited. Section 18-83. Doors closed while vehicle in motion. Section 18-84. Manner of stopping vehicle outside Hilo. Section 18-85. Manner of backing vehicle. Section 18-86. Use of clutch. Section 18-87. Pulling trailer or transporting freight prohibited. Division 4. Inspections. Section 18-88. Inspection of vehicles; issuance of certificate. Section 18-89. Monthly inspection required; certificate of inspection. Article 4. Public Transit System. Division 1. Island Wide Fare Structure. Section 18-90. Fares. Section 18-91. Fees. Section 18-92. Fare schedules. Division 2. Paratransit Service. Section 18-93. Establishment of paratransit service. Section 18-94. Definitions. Section 18-95. Eligibility. Section 18-96. Suspension of service. Section 18-97. Appeals. Division 3. Fixed Route Service. Section 18-98. County Bus System. Section 18-99. Contracts for operation and County bus system. Division 4. Taxicab and Transportation Network Companies Subsidies Section 18-99.1. Authorization. Division 5 Use of Designated Transit Facilities Section 18-99.2. Fee for use of designated transit facilities. Division 6. Activities Prohibited While Using Public Transportation Section 18-99.3. Activities prohibited on transit buses, and facilities. Section 18-99.4. Reserved. Section 18-99.5. Signs required. Section 18-99.6. Removal or defacing of signs. Section 18-99.7. Non transference of bus pass and identification card-Penalty. Section 18-99.8. Penalty for counterfeiting or using counterfeit tokens, coupons, or SUPP. 1 (1-2017) iv approved cards. Section 18-99.9. Penalty. Section 18-99.10. Suspension of service. Section 18-99.11. Appeals. Division 7. Advertising Section 18-99.12. Advertising inside and outside County transit buses. Section 18-99.13. Advertising on County bus passes. SUPP. 1 (1-2017) p PUBLIC TRANSPORTATION § 18-90 Article 4. Public Transit System. Division 1. Island-Wide Fare Structure. Section 18-90. Fares. Unless otherwise provided for in this section, every person using the fixed, micro, or flex route mass transit service owned, maintained or operated by the County shall be charged a $2 two-hour fare and shall be classified as the "General" fare category. (a) Discounted fares for seniors, persons with a disability, youth, Medicare card holders, Veterans, and students.The following persons shall be charged a $1 two-hour fare on the fixed route mass transit service and shall be classified as the "Discount" fare category: (1) Senior age sixty and older after providing proof of age from a validstate ID card, County of Hawaii senior ID card, driver's license, birth certificate, other transit system discount ID card or passport; (2) A person with a disability with a valid, "Person with Disability Identification Card' issued by the County of Hawai'i, disability parking placard from the County of Hawaii Office on Aging, other transit system discount ID card, Americans with Disabilities Act (ADA) paratransit card issued by the County of Hawai'i or other transit system discount ID card; and (3) Students (through college) with a valid school identification card. (4) Youth ages five through seventeen years old who may not have a valid school identification card. (5) Medicare card holders with a valid Medicare card. (6) Veterans with a valid DD-214 document. (b) Any fixed route that flex off route to pick up or drop off passengers shall be charged an upcharge of$2.00 per pick up or drop off from the route. (1) Up to two flexible deviations shall be allowed per one-way trip. (2) The mass transit agency may create a ten-ride deviation pass for a non-discounted rate of$10.00. (c) Fare prepayment discounts. (1) General 24-hour passes shall be available for $5.00 and expire 24 hours after validated by the farebox. (2) Discount 24-hour passes shall be available for $2.50 and expire 24 hours after validated by the farebox. All Discount pass users shall show appropriate ID in order to utilize pass on the mass transit service. (3) General 7-day passes shall be available for $30.00 and expire after use of seven individual times within a one-year period with each day being validated on the bus for a 24-hour period. There shall be no refunds or exchanges if all 7 days are not used. (4) Discount 7-day passes shall be available for $15.00 and expire after use of seven individual times within a one-year period with each day being validated on the bus for a 24-hour period. There shall be no refunds or exchanges if all 7 days are not used. (5) General 31-day passes shall be available for $60.00 and expire after 31 consecutive days with each day being validated on the bus for a 24-hour period. There shall be no refunds or exchanges. (6) Discount 31-day passes shall be available for $60.00 and expire after 31 consecutive days with each day being validated on the bus for a 24-hour period. There shall be no refunds or exchanges. 18-33 SUPP. 1 (1-2017) § 18-90 HAWAI`I COUNTY CODE (d) Free fares. Fares shall be waived for the following: (1) Children under the age of five. (2) County of Hawaii employees who show a valid County employee identification card or badge. (3) Employees of any of the following contractors who currently have active and unexpired contracts with the mass transit agency and that provide the following services to the County: transit operational services, security services, travel training, paratransit eligibility services, or cleaning of transit vehicles or bus shelters. All contractors shall have a valid identification card or badge issued by the mass transit agency. (4) passengers designated by the mass transit administrator doing business for the mass transit agency by showing a pass issued by the mass transit agency. (5) eligible paratransit passengers riding fixed and flex route transit service and personal care attendants with a paratransit eligibility ID card issued by the mass transit agency. (5) Youth seeking assistance through the National Safe Place Program if the County of Hawaii is currently participating in such program. (e) Transfers (1) Passengers shall have unlimited transfers between buses within the time frame of the fare or pass purchased. A new fare shall be purchased when the fare or pass has expired. (2) There shall be no transfers between fixed route and ADA paratransit unless the passenger has been granted conditional eligibility based on the criteria set forth by the mass transit agency and the ADA which requires a transfer to the fixed route system. The passenger shall show his or her paratransit identification card to the fixed or flex route driver. (f) Paratransit service fares. Under the ADA, the fare for a trip charged to an ADA paratransit eligible passenger of the complementary paratransit service shall not exceed twice the fare that would be charged to a passenger paying full fare (i.e., without regard to discounts) for a trip of similar length, at a similar time of day, onthe County's fixed route system: (1) A one-way paratransit passenger fare shall be twice the fare of the current full fare(e.g., without any discounts) on the County's fixed-route system; (2) The fares for companions accompanying ADA paratransit eligible passengers,who are provided service under section 37.123 (f) of the ADA, shall be the same as for the ADA paratransit eligible passengers they are accompanying;and (3) A personal care attendant shall not be charged for complementary paratransit service. (g) Shared-ride fares. Shared-ride program fares shall be subsidized at the following rates in accordance with the following schedule: Subsidy Rate Subsidy Rate I Up to $15.80 Should the subsidy rate be exceeded, the passenger shall cover the additional cost based on the fare schedule as defined in Section 18-49 for taxicabs or as defined by transportation network companies or "TNC". 18-33 SUPP. 1 (1-2017) (h) Promotional fares. (1) The purpose of this subsection is to provide lower or eliminate bus fares when a new route or service is provided or to boost ridership on established routes as defined by the mass transit administrator. (2) The mass transit administrator may establish or suspend fares on a temporary basis for a period not to exceed one hundred and eighty calendar days for bus routes and services. (1986, ord 86-15, sec 2; am 1990, ord 90-37, sec 7; ord 90-91, sec 1; am 2004, ord 04-141, sec 1; am 2005, ord 05-151, sec 1; am 2007, ord 07-141, sec 2; am 2009, ord 09-160, sec 2; am 2011, ord 11-62, sec 2; am 2012, ord 12-36, sec 1; am 2013, ord 13-32, sec 1; ord 13-76, sec 2; ord 13-109, sec 1; am 2016, ord 16-95, sec 2.) (1) Special fares. (1) The mass transit agency may establish a program for the issuance of the State of Hawai'i Department of Education "DOE" or college and university student, faculty, and staffbus passes. Such passes may be issued to students, faculty and staff by DOE, or a college or university and will be subject to terms to be agreed upon between either DOE, or the college or university and the mass transit agency. Students, faculty, and staff to whom such passes are issued shall pay the fare negotiated rather than a fare established under Section 18-90. (2) The mass transit agency shall offer a bus pass program for individuals whose household incomes meet the federal department of housing and urban development guidelines for households with "extremely low income" within the County for the applicable household size. The "Discount" fare category shall apply to passengers with extremely low income as established by the mass transit agency . (3) The mass transit agency may establish a program for the use of bus passes issued to passengers upon payment of the designated bus fare and which may be used for the duration specified on the pass. The passes will be issued at various locations to be selected and advertised by the mass transit agency. The mass transit agency may enter into contractual arrangements with any parties, private or public, when such arrangements are deemed to be in the best public interest for the sale and issuance of bus passes. (4) The mass transit agency may sell its passes at sales outlets throughout the island as established by a contract or purchase order between the County and the sales outlet with commission paid up to 8% per pass sold. (h) Suspension of fares; non-applicability to some services; terminates December 31, 2025. (1) All fares established by this section shall be suspended through December 31, 2025. Riders boarding and alighting any mass transit service owned, maintained, or operated by the County, shall ride free of charge. (2) This subsection shall not apply to County-contracted shared-ride services and County-operated curb-to-curb van services operated by the department of parks and recreation (3) The suspension of fares shall automatically terminate on December 31, 2025, unless extended by the council. (4) Each year, no later than July 30 after the close of the fiscal year, the mass transit administrator shall provide a report to the council regarding the performance of the mass transit system, including passenger trips carried by route, comparison to the prior year and any other service performance data requested by the council to evaluate the suspension of fares prescribed by this subsection. 18-33 SUPP. 1 (1-2017) Section 18-91. Fees The mass transit agency may charge a $5.00 replacement fee for Hele-On ID cards that are lost, stolen, or mutilated. This includes Paratransit Eligibility cards, Shared Ride Program ID cards, and all ID cards issued by the mass transit agency. (1986, ord 86-15, sec 2; am 2011, ord 11-62, sec 2.) Section 18-92. Fare schedules. Repealed.(1990, ord 90-37, sec 8; ord 90-91, sec 4; am 2001, ord 01-82, sec 1; ord 01-84, sec 1; am 2011, ord 11-62, sec 2.) Division 2. Paratransit Service. Section 18-93. 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 Kako`o. (b) Hele-On Kako`o shall comply with all federal and state regulations that relate to paratransit as a complement to fixed route services for public transportation. (2016, ord 16-108, sec 1.) 18-33 SUPP. 1 (1-2017) § 18-94 HAWAI`I COUNTY CODE Section 18-94. Definitions. As used in this division, unless the context otherwise requires: (a) "Paratransit service" means the County public transportation service which complements the current fixed routes providing origin-to-destination service to eligiblepassengers under the Americans with Disabilities Act of 1990. (b) "Passenger" means a person deemed eligible to ride on the paratransit service in accordance with the Americans with Disabilities Act of 1990; Code of Federal Regulations 49, part 37, subpart F, section 37.123 or a person certified as eligible forparatransit services by the mass transit agency. (2016, ord 16-108, sec 1.) Section 18-95. Eligibility. (a) The mass transit agency shall approve or deny applications for Hele-On K5ko`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 K5ko`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) Passengers found eligible for Hele-On K5ko`o service will be issued a paratransit identification card. (2016, ord 16-108, sec 1.) Section 18-96. Suspension of service. (a) The mass transit agency may suspend the provision of Hele-On K5ko`o services topassengers who violate the no-show and late cancellation policy established by the mass transit agency in compliance with the ADA Code of Federal Regulations 49, part 37, subpart F, section 37.125 (h) as amended . (b) Trips missed by a passenger for reasons beyond the passenger's control including, but not limited to, trips missed due to driver error, shall not be included in any count of missed scheduled trips. (c) Before suspending service, the mass transit agency shall notify the passenger inwriting: (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 to the transportation commission. (2016, ord 16-108, sec 1.) SUPP. 1 (1-2017) 18-34 PUBLIC TRANSPORTATION § 18-97 Section 18-97. Appeals. (a) Any applicant or passenger 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 the date on the notification of themass transit agency's determination. The appeal shall be effected by filling out the notice of appeal in a form prescribed by the mass transit agency and filing the same with the transportation commission. (c) Within sixty days from the date of mailing or personal service of such notice of appeal upon the mass transit agency, the commission shall afford the applicant or passenger an opportunity to be heard andto present information or arguments or both. The notice and hearing requirements shall conform to the applicable provisions of Chapter 91, Hawai`i Revised Statutes, as amended. (d) The transportation commission may affirm, reverse, or modify the decision under appeal based upon findings of facts which justify the decision. (e) The commission shall provide a final written decision within thirty days of the close of the hearing. The County shall not be required to provide paratransit service to the passenger 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 passenger. (2016, ord 16-108, sec 1.) Division 3. Fixed Route Service. Section 18-98. County Bus System. (a) The mass transit agency shall be responsible for the operation and maintenance of the County bus system in accordance with the charter, this chapter, and applicable statutes and ordinances. (b) The mass transit agency shall establish the routes, schedules, and levels of service of the County bus system. The routes, schedules, and levels of service shall be in conformance with the transit and multi-modal transportation master plan and any update thereof. (c) Fares for passengers of the County bus system shall be as established under division 1 of this article. (d) The mass transit agency shall have the power to establish or designate park and ride facilities to be served by the County bus system. Park and ride facilities established or designated by the mass transit agency shall be: (1) In conformance with the transit and multi-modal transportation master plan and any update thereof; and (2) In compliance with general plan and zoning ordinances and maps, the building code and fire code, and other applicable laws or ordinances concerning land use, planning, and building construction. (e) Park and ride facilities "established" by the mass transit agency mean facilities under the management of the mass transit agency. Park and ride facilities "designated" by the mass transit agency mean those which, although served by the County bus system, are not under the management of the mass transit agency. 18-35 SUPP. 1 (1-2017) Section 18-99. Contracts for operation and maintenance of the County bus system. (a) The mass transit agency may contract for services to manage, operate, and maintain the County bus system. Division 4. Taxicab and Transportation Network Companies Subsidies Section 18-99.1. Authorization. The mass transit agency may establish a taxicab and TNC subsidy program as a transportation alternative for passengers as a supplement to the County bus and paratransit system as defined in Chapter 18-37.17. Division 5. Use of Designated Transit Facilities Section 18-99.2. Fee for use of designated transit facilities. (a) Any individual, group or organization that uses a designated transit facility controlled by the mass transit agency shall pay to the County a fee of$15.00 per hour for the use of the facility. The use of a designated transit facility shall require an attendant or custodian to open and close the facility. (b) The mass transit administrator may adopt rules in accordance with Hawaii Revised Statutes Chapter 91 for the implementation, administration,and enforcement of this section. As used in this section, a"designated transit facility" means a facility owned by the County and managed by the mass transit agency for the purposes of public transportation such as transit hubs, transit centers, transit facilities, park and ride lots, bus shelters and bus stops. Division 6. Activities Prohibited While Using Public Transportation Section. 18-99.3. Activities and conduct on County bus system and at transit facilities. (a) The following activities or conduct shall be prohibited on the County bus system and at all transit facilities: (1) Smoking in any bus, or within any designated non-smoking areas at any County bus stop or transit facility as defined in HRS Chapter 328 of Title 19. (2) Consuming any form of food or beverage, including alcohol, or carrying or possessing any food or beverage in a container other than a container that is tightly closed, covered or packaged so as to minimize the possibility of accidental spillage when the container is shaken or dropped; provided that nothing in this paragraph shall be construed as prohibiting the carrying or possession of groceries in a suitable bag or other container, and in compliance with established ADA considerations. (3) Using or playing any electronic device, musical instrument, or other sound- producing or sound-emitting device, unless the device is connected to a headphone or earphone, which limits the sound produced or emitted to the individual passenger; And provided that nothing contained in this paragraph shall be construed as prohibiting the driver of the bus or vehicle from using or playing such devices for official business. Further, nothing contained in this paragraph shall be construed as prohibiting passengers from using telephones and pagers for communication purposes; provided they are used in accordance with this paragraph. As used in this paragraph, "electronic device" includes, but is not limited to, televisions, radios, recording devices, portable stereos or speakers, electronic games, telephones, cell phones, walkie-talkies, pagers, and the like. 18-35 SUPP. 1 (1-2017) (4) Carrying or possessing any live animals, except a service animal properly harnessed (unless the individual's disability prevents using this device or the device hinders or interferes with the service animal's safe, effective performance of tasks) and accompanied by the individual with a disability owning the service animal or to whom the service animal has been furnished, and except for small animals properly kept in enclosed containers; provided that nothing contained in this paragraph shall be construed as prohibiting a police officer from carrying or possessing an animal used for law enforcement purposes. (5) Discarding, disposing of, placing, throwing, or dropping any litter, as defined in HRS Chapter 339-1, in, on, or from the County bus, vehicle, or transit facility, except into proper receptables designated for that purpose. (6) Failing or refusing to vacate seats designated as priority seating for senior or persons with disabilities passengers or the fold-down or other movable seat area designated for wheelchair securement, when requested to do so by the driver, or any other agent of the transit system, or a police officer; provided that nothing contained in this paragraph shall be construed as requiring other elderly or disabled passengers to vacate seats designated as priority seating for elderly or disabled passengers; and further provided that nothing contained in this paragraph shall be construed as requiring the driver or other agent of the County bus system to enforce a request that other passengers move from the priority seating area or wheelchair securement area. (7) Carrying or possessing any flammable, combustible, explosive, corrosive, or highly toxic liquid or other substance, article, or material that is likely to cause harm to others or to emit any foul or noxious dust, mist, flume, gas, vapor, or odor; provided that nothing contained in this paragraph shall be construed as prohibiting a person from carrying or possessing any match or cigar, cigarette, or lighter, which is not lighted or smoldering; and further provided that nothing contained in this paragraph shall be construed as prohibiting a person from boarding the County bus system with an oxygen tank. (8) Spitting, defecating, urinating, or expectorating provided that nothing contained in this paragraph shall be construed as applying to any person who cannot comply with this subsection as a result of a disability, age, or a medical condition. (9) Obstructing, impeding, hindering, interfering with, or otherwise disrupting the safe and efficient operation of the bus or vehicle or any driver or other agent of the County bus system in the performance of that individual's official duties. (10) Standing in front of the white or yellow "standee" line, in doorways or stepwells while the bus or vehicle is in motion. (11) Erecting, installing, or placing any structure, fixture, tarp, towel, blanket, sleeping bag, bedding, chair, tent, cardboard, ply board, shopping cart, or any other object or material at any County bus system stop or transit facility. (12) Placing unauthorized signs or advertisements within the interior or exterior of any County transit bus or vehicle or transit facility. (13) Vandalizing, defacing, destroying, damaging, or placing graffiti on any County transit bus or vehicle, or upon any transit facility. (14) Extending any portion of one's body outside of the window of any County transit bus or vehicle. (15) Riding on any part of the exterior of any County transit bus or vehicle. (16) Boarding the bus through the rear exit door, unless directed to do so by the driver, any other agent of the transit system, or any police officer. (17) Violating HRS 711-1101; HRS 707 Part 3; 711-1112; and 711-1106 as amended. (18) Refusing or failing to immediately exit a bus after being specifically requested to do so by the driver, any agent of the County bus system, or any police officer. (19) Refusing or failing to immediately cease and desist from doing any of the activities described in this section after being specifically requested to cease and desist by the driver, any agent of the County bus system, or any police officer. 18-35 SUPP. 1 (1-2017) (20) When boarding a County bus or vehicle- (1) Knowingly failing or refusing to pay the applicable fare for transportation on the County bus system. (ii) Presenting a pass or other fare medium for transportation on the County bus system, when the person presenting such fare medium knows it has not been provided, authorized, or sold by or for the County bus system, or knows that the pass or other fare medium is not valid for the place, time, and manner in which it is presented, or knows that presentation of the pass or other fare medium violates a restriction on the use of such fare medium imposed by this chapter or any mass transit agency administrative rules. (iii) Not having a final destination when riding. All passengers must have a destination when riding. At the end of the designated route, the passenger shall deboard the County bus or vehicle and wait for the next one and pay a new fare or show a pass. (iv) Failing to store articles properly, including blocking aisles or entrance/egress. All strollers, scooters, folding carts, and large packages must be stowed away under the passenger's seat. Baggage that can be stored under a passenger's seat or on a passenger's lap, that will not protrude to another seat or otherwise interfere with other passengers, will be admitted at no charge. No baggage may be stored in the aisle or on the seats. Baggage shall not exceed five articles. Failing to use exact cash and/or currency for the fare. No change due to overpayment of the fare may be provided by the driver. (b) The driver of any County transit bus or vehicle or any other designated agent of the County bus system or any police officer may refuse to allow any person to board the County transit bus or vehicle: (1) When the person appears to be intoxicated by any substance; (2) When a person is not wearing a shirt, pants, shorts, or dress, or both, and proper footwear. Rollerblades and skates are not allowed to be worn on buses. (3) When a person attempts to board with any of the following: weed eaters, flat screen televisions, surfboards, boogie boards, body boards, fishing poles, roads and spears or canoe oars/paddles; provided that nothing in this paragraph shall be construed to prohibit the on-boarding of bicycles inside buses at the discretion of the driver and as space permits. (4) When a person attempts to board with any refuse, including solid waste, recyclables, reusable materials, household hazardous waste, flammable liquid powered device or green waste, whether or not such items are contained in any open or closed package, trash bag, cardboard box, or container. (5) When the person is engaged in activities or conduct that, if such activities or conduct occurred in the County transit bus or vehicle, would violate the provisions of subsection (a). (6) When the person is engaged in activities or conduct that, if such activities or conduct occurred in the County transit bus or vehicle, would violate any other law or ordinance. (c) The driver of any County transit bus or anyother agent of the transit system may refuse to transport any such person who has already boarded the County transit bus. The driver, agent or any police officer may cause such person to be ejected from the County transit bus. It shall be a violation of this section for a person to board a County transit bus after being requested not to do so by the driver, another agent of the transit system or police officer for the reasons specified in this subsection, or for a person to refuse or fail to immediatelyexit a County transit bus when requested by the driver, another agent of the County bus system, or police officer to do so for any of the reasons specified in this subsection 18-35 SUPP. 1 (1-2017) Section 18-99.5. Signs required. The mass transit agency shall require the conspicuous display within each County transit bus, vehicle and facility a sign clearly setting forth all of the prohibitions of Section 18-99.3. Section 18-99.6. Removal or defacing of signs. No person shall remove or deface signs required to be erected by or under the authority of this article. Section 18-99.7. Non transference of bus pass and identification card. (a) Any bus pass or identification card issued under sections 18-90 and 18-95 is nontransferable and shall not be used by any person other than by the person to whomit was issued. No person shall obtain or attempt to obtain a bus pass or identification card issuable under sections 18-90 and 18-95 based on a false application or certification. No person shall alter a bus pass or identification card issued under sections 18-90 and 18- 95, unless authorized by the mass transit agency. In addition to the penaltyunder subsection (b), any person who is issued such a bus pass or identification card based upon a false application/certification, who knowingly permits another to use the bus pass or identification card, or who alters,without authorization from the mass transit agency, the person's bus pass or identification card shall be penalized by having the person's bus pass or identification card immediately revoked and shall be prohibited from obtaining a bus pass or identification card for a period of one year from the date of conviction. (b) The following persons shall be in violation of this section, and if convicted, be fined not more than five hundred dollars ($500.00): (1) Any person who knowingly uses a bus pass or identification card issued to another under section 18-90 and 18-95. (2) Any person to whom a bus pass or identification card has been issued under sections 18-90 and 18-95, who knowingly permits another to use that bus pass or identification card; (3) Any person who obtains or attempts to obtain a bus pass or identification card issuable under sections 18-90 and 18-95 based upon a false application or certification; or (4) Any person who alters a bus pass or identification card issued under sections 18-90 and 18-95 without prior authorization from the mass transit agency. Section 18-99.8. Penalty for counterfeiting or using counterfeit tokens, passes, coupons, or approved cards. Any person who makes or issues any imitation or counterfeit of a bus token, passes, coupon, or approved card, or knowingly uses such imitation or counterfeit token, passes, coupon, or approved card for bus fare shall, upon conviction thereof, be fined not more than $2,000.00 or imprisoned for not more than one year, or both. Section 18-99.9. Penalty. (a) Any person violating section 18-99.3 or aiding, abetting, or assisting in any manner whatsoever another person in violating any of such provisions shall, upon conviction thereof, be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding five days or be both so fined and imprisoned. (b) Each day a violation is committed or permitted to continue shall constitute a separate offense and shall bepunishable as such under this section. (c) Any authorized police officer, upon arresting a person for a violation of this division, shall take the name and address of the alleged violator and shall issue thereto in writing a summons or citation hereinafter described, notifying such person to answer to the complaint to be entered against such person at a place and at a time provided in the summons or citation, except that the officer may make a physical arrest in instances when: (1) The alleged violator refuses to provide the officer with such person's name and address or any proofthereof as may be reasonably available to the alleged violator; (2) The alleged violator fails or refuses to immediately cease and desist from such 18-35 SUPP. 1 (1-2017) person's prohibited activity or to immediately exit the County transit bus, as determined by the driver of the bus or vehicle, and/or other agent of the transit system, or a police officer if the officer is on the bus, after the alleged violator is issued a summons or citation. (d) There shall be provided for use by police officers a form of summons or citation for use in citing violators of this article where the circumstances do not mandate the physical arrest of such violators. The form of the summons or citation shall be commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and rules of the State of Hawaii and the County. (e) The provisions of this article are in addition to and shall in no way limit the provisions of any other federal,state or County law, ordinance, or rule. Section 18-99.10. Suspension of service. (a) The mass transit agency may suspend the provision of mass transit services to passengers who violate the provisions of Sections 18-99.3, 18-99.6, 18-99.7 and 18- 99.8. (b) 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 18-99.11. Appeals. (a) Any applicant or passenger 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 the date on the notification of theagency's determination. The appeal shall be effected by filling out the notice of appeal in a form prescribed by the mass transit agency and filing the same with the transportation commission. (c) Within sixty days from the date of mailing or personal service of such notice of appeal upon the mass transit agency, the commission shall afford the applicant or passenger an opportunity to be heard andto present information or arguments or both. The notice and hearing requirements shall conform to the applicable provisions of Chapter 91, Hawai`i Revised Statutes, as amended. (d) The transportation commission may affirm, reverse, or modify the decision under appeal based upon findings of facts which justify the decision. (e) The commission shall provide a final written decision within thirty days of the close of the hearing. The County shall not be required to provide services to the passenger pending the resolution of the appeal. However, if the commission does not provide a decision within this time, service shall resume or beprovided to the passenger. Division 7. Advertising Section 18-99.12. Advertising inside and outside County transit buses. (a) The mass transit agency may rent or let advertising spaces inside and outside County transit buses. The mass transit agency shall promulgate administrative rules for advertising. (b) Six standard advertising spaces inside or outside each County transit bus shall be made available for announcements of a public service, civic or charitable nature. Three 18-35 SUPP. 1 (1-2017) of the spaces shall be made available free of charge to organizations exempt from federal income taxation under Section 501(c)(3) of the federal Internal RevenueCode. A tax-exempt organization shall not be denied the use of advertising space in a County transit bus solely becausethe announcement or advertisement refers to the location of an event sponsored by the tax-exempt organization, even if the location of the event is not owned or operated by a tax-exempt organization. For the purpose of this subsection, "standard advertising space" means a space 11 inches wide and 28 inches long. (c) The mass transit agency shall set the rates for the renting or letting of advertising spaces as well as defining a process to accept advertisements. Rates and such process shall be set by rules adopted in accordance with Hawaii Revised Statutes Chapter 91. Section 18-99.13. Advertising on County bus passes. (a) The mass transit agency may allow advertisements on bus passes issued under the County bus system fare structure. (b) The types of advertising that are not permitted on the inside or outside of County bus transit buses are not permitted on County bus passes. 18-35 SUPP. 1 (1-2017) This page intentionally left blank.