Sec. 13-2.7    Nontransference of bus pass and identification card — Penalty.
(a)    Any bus pass or identification card issued under Section 13-2.1, Section 13-2.2, Section 13-2.3 or Section 13-4.3 is nontransferable and shall not be used by any person other than by the person to whom it was issued. No person shall obtain or attempt to obtain a bus pass or identification card issuable under Section 13-2.1, Section 13-2.2, Section 13-2.3 or Section 13-4.3 based on a false application or certification. No person shall alter a bus pass or identification card issued under Section 13-2.1, Section 13-2.2, Section 13-2.3 or Section 13-4.3, unless authorized by the department. In addition to the penalty under subsection (b), any person who is issued such a bus pass or identification card based upon false application/certification, who knowingly permits another to use the bus pass or identification card, or who alters, without authorization from the department, the person's bus pass or identification card shall be penalized by:
    (1)    Suspending the person's pass or identification card for a period of one year from the date of conviction; or
    (2)    If the remaining term of the bus pass or identification card is less than one year from the date of conviction:
        (A)    Suspending the bus pass or identification card for the remainder of the term; and
        (B)    Prohibiting until one year from the date of conviction the:
            (i)    Renewal or replacement of the bus pass or identification card; and
            (ii)    Issuance of a new bus pass or identification card.
(b)    The following persons shall be guilty of a misdemeanor:
    (1)    Any person who uses a bus pass or identification card issued to another under Section 13-2.1, Section 13-2.2, Section 13-2.3, or Section 13-4.3;
    (2)    Any person to whom a bus pass or identification card has been issued under Section 13-2.1, Section 13-2.2, Section 13-2.3, or Section 13-4.3, 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 Section 13-2.1, Section 13-2.2, Section 13-2.3, or Section 13-4.3 based upon false application or certification; or
    (4)    Any person who alters a bus pass or identification card issued under Section 13-2.1, Section 13-2.2, Section 13-2.3, or Section 13-4.3 without authorization from the department.
(Sec. 28-2.7, R.O. 1978 (1983 Ed.); Am. Ord. 91-70, 97-02, 03-27, 08-20)

Sec. 13-2.8    Penalty for counterfeiting or using counterfeit tokens , coupons or approved cards.
    Any person who makes or issues any imitation or counterfeit of a bus token, coupon or approved card, or knowingly uses such a token, coupon, or approved card for bus fare and/or ferry fare shall be fined not more than $2,000.00 or imprisoned for not more than one year, or both. (Added by Ord. 93-56; Am. Ord. 03-27, 07-13)

Sec. 13-2.9    Police officers.
    Notwithstanding anything to the contrary in this article, uniformed and nonuniformed police officers of the Honolulu police department carrying proper identification, whether on duty or not, shall be allowed to use the city bus system and/or city ferry system without paying any fare. (Added by Ord. 96-55; Am. Ord. 07-13)

Sec. 13-2.10    Bus passes for those with extremely low incomes.
(a)    The department of transportation services shall offer a monthly 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 City and County of Honolulu for the applicable household size. The
    cost of a monthly bus pass under this program shall be $30.00 for the adult monthly bus pass and $13.50 for the
    youth monthly bus pass.
(b)    The director of community services shall determine the eligibility of the individual for the bus pass program
    established under this section upon review and verification of an application to participate in the program. The
    application form shall be prescribed by the director of community services. To verify the information on the
    application, the director of community services shall require proof of age and total household income, which
    may include, but not be limited to, true copies of personal income tax returns, bank statements, or other
    financial records. The director of community services may require proof of nonreceipt of income from relief
    programs such as supplemental security income, welfare, and unemployment compensation, and may require
    such authorization from the household to enable the director to fully verify household income. The period for
    which a determination shall remain in effect shall be determined by the director of community services.
    The applicant may refuse to provide such records, information or authorization. However, upon such refusal,
    the director of community services may deny the application to participate in the bus pass program established
    in this section.
    The director of community services shall determine whether an applicant qualifies for the bus pass program
    within 30 days of receipt of the application, and the director’s decision shall be final.
(c)    The department of transportation services may adopt rules in accordance with HRS Chapter 91 and having the
    force and effect of law to implement the provisions of this section.
(Added by Ord. 03-27)

    Article 3. Activities Prohibited on Public Conveyances

Sections:
    13-3.1    Activities prohibited on transit buses , on ferries, and special transit service vehicles — Authority of drivers— Violations.
    13-3.2    Signs required.
    13-3.3    Removal or defacing of signs.
    13-3.4    Placing lighted objects close to combustible matter.
    13-3.5    Penalty.

Sec. 13-3.1    Activities prohibited on transit buses , on ferries, and special transit service vehicles — Authority of drivers— Violations.
(a)    For purposes of this section:
        "Disability" shall have the same meaning ascribed to that term in 49 CFR Section 37.3, as the same may from time to time be amended.
        "Individual with a disability" shall have the same meaning ascribed to that term in 49 CFR Section 37.3, as the same may from time to time be amended.
        "Service animal" shall have the same meaning as ascribed to that term in 49 CFR Section 37.3, as the same may from time to time be amended.
        "Transit system" includes the department and the entity or entities that operate the city bus system and the city ferry system and special transit service.
(b)    It shall be a violation of this section for a person, who is doing or has done any of the following activities on a city transit bus or city ferry or special transit vehicle, to either refuse or fail to immediately cease and desist from doing any of the following activities after being requested to do so by the driver, the ferry operator, or another agent of the transit system, or any police officer, or to fail or refuse to immediately exit a city transit bus or city ferry or special transit vehicle if requested to do so by the driver of the bus or vehicle, or operator of the ferry or another agent of the transit system, or a police officer:
    (1)    Consuming any form of food or beverage 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 contained in this subdivision shall be construed as prohibiting the carrying or possession of groceries in a suitable bag or other container;
    (2)    Using or playing any electronic device, musical instrument, or other sound-producing or sound-emitting device:
        (A)    Unless the device is connected to a headphone or earphone which limits the sound produced or emitted to the individual user; or
        (B)    In the case of a telephone, cell phone, pager, or other two-way communication device, unless it is placed on “silent” or “vibrate” mode which prevents the sound produced or emitted from being audible to other passengers.
        Nothing contained in this subdivision shall be construed as prohibiting the driver of the bus or vehicle or the operator of the ferry from using or playing such devices for official business, or as prohibiting passengers from using telephones and pagers for communication purposes; provided they are used in accordance with subdivision (b)(2)(A) and (B). As used in this subdivision, “electronic device” includes but is not limited to televisions, radios, recording devices, portable stereos, electronic games, telephones, cell phones, walkie-talkies, and pagers;
    (3)    Carrying or possessing any live animals, except a service animal properly harnessed 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 subdivision shall be construed as prohibiting a police officer from carrying or possessing an animal used for law enforcement purposes;
    (4)    Discarding, disposing of, placing, throwing, or dropping any litter, as defined in HRS Section 339-1, in or from the bus or vehicle or the ferry, except into receptacles designated for that purpose;
    (5)    Failing or refusing to vacate seats designated as priority seating for elderly or disabled passengers or the fold-down or other movable seat area designated for wheelchair securement, when requested to do so by the driver, the ferry operator or any other agent of the transit system, or a police officer; provided that nothing contained in this subdivision shall be construed as requiring other elderly or disabled passengers to vacate seats designated as priority seating for elderly or disabled passengers; and provided further that nothing contained in this subdivision shall be construed as requiring the driver or the ferry operator or other agent of the transit system to enforce a request that other passengers move from the priority seating area or wheelchair securement area;
    (6)    Carrying or possessing any flammable, combustible, explosive, corrosive, or highly toxic liquid or other substance, article or material which is likely to cause harm to others or to emit any foul or noxious dust, mist, fume, gas, vapor, or odor; provided that nothing contained in this subdivision shall be construed as prohibiting a person from carrying or possessing any match or any cigar, cigarette, or pipe lighter, which is not lighted or smoldering;
    (7)    Spitting, expectorating, urinating or defecating in, on or from the bus or vehicle or the ferry; provided that nothing contained in this subdivision shall be construed as applying to any person who cannot comply with this subdivision as a result of a disability, age, or a medical condition;
    (8)    Obstructing, impeding, hindering, interfering with or otherwise disrupting the safe and efficient operation of the bus or vehicle or ferry or any driver or ferry operator or other agent of the transit system in the performance of that individual's official duties;
    (9)    Boarding the bus through the rear exit door, unless directed to do so by the driver, any other agent of the transit system, or a police officer; or
    (10)    When boarding a bus or ferry or special transit vehicle:
        (A)    Knowingly failing or refusing to pay the applicable fare for transportation on the bus or vehicle or the ferry in cash or, if available, through the use of tokens, coupons or approved cards in the required manner; or
        (B)    Presenting a pass, transfer, badge or other fare medium for transportation on such bus or ferry or special transit vehicle, when the person presenting such fare medium knows it has not been provided, authorized, or sold by or for the transit system, or knows that the pass, transfer, badge 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, transfer, badge or other fare medium violates a restriction on the transfer or use of such fare medium imposed by city ordinances or rules.
(c)    The driver of any city transit bus or operator of any city ferry or special transit service vehicle or any other agent of the transit system or any police officer may refuse to allow any person to board the bus or vehicle or ferry:
    (1)    When the person appears to be intoxicated on liquor or drugs;
    (2)    When the person is engaged in activities that, if such activities occurred in the bus or vehicle or ferry, would violate the provisions of subsection (b) if conducted in violation of the request of the driver, agent, or police officer;
    (3)    When the person is engaged in activities that, if such activities occurred in the bus or vehicle or ferry, would violate any other law or ordinance;
    (4)    When it appears that the person intends to engage in any of the activities referred to in subdivision (2) or (3) in the bus or vehicle or ferry; or
    (5)    When the person is a child who is not accompanied by a fare-paying passenger, a city employee, or an employee of the transit management services contractor or ferry management services contractor.
    In addition, the driver of any city transit bus or operator of any city ferry or special transit service vehicle or any other agent of the transit system may refuse to transport any such person who has already boarded the bus or vehicle or ferry and the driver, operator, agent or any police officer may cause such person to be ejected from the bus or vehicle or ferry. It shall be a violation of this section for a person to board a city transit bus or city ferry or special transit service vehicle after being requested not to do so by the driver, operator, 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 immediately exit a city transit bus or city ferry or special transit vehicle when requested by the driver, operator, another agent of the transit system, or police officer to do so for any of the reasons specified in this subsection.
(Sec. 28-3.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 96-67, 97-02, 03-27, 06-52, 07-13, 08-20)

Sec. 13-3.2    Signs required.
    The department shall require the conspicuous display within each city transit bus, city ferry, and special transit service vehicle of a sign clearly setting forth all of the prohibitions of Section 13-3.1. (Sec. 28-3.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 97-02, 07-13, 08-20)

Sec. 13-3.3    Removal or defacing of signs.
    No person shall remove or deface signs required to be erected by or under the authority of this article. (Sec. 28-3.3, R.O. 1978 (1983 Ed.))

Sec. 13-3.4    Placing lighted objects close to combustible matter.
    No person shall throw or place hot burning substances or objects such as cigars, cigarettes or the contents of a burning pipe in, upon or in close proximity to any object or structure in a city transit bus or city ferry or special transit service vehicle which is combustible or liable to damage by heat, fire or explosion. (Sec. 28-3.4, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 07-13)

Sec. 13-3.5    Penalty.
(a)    Any person violating Section 13-3.1(b)(1), (2), (3), (4), or (5) 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 $100.00 or be imprisoned for a period not exceeding 10 days or be both so fined and imprisoned.
(b)    Any person violating Section 13-3.1(b)(6), (7), (8), (9) or (10), 13-3.1(c), 13-3.3 or 13-3.4, or aiding, abetting, or assisting in any manner whatsoever another person to violate 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 six months or be both so fined and imprisoned.
(c)    Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section.
(d)    Any authorized police officer, upon arresting a person for a violation of this article, 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 proof thereof as may be reasonably available to the alleged violator;
    (2)    The alleged violator fails or refuses to immediately cease and desist from such person's prohibited activity or to immediately exit the city transit bus or the city ferry or special transit service vehicle, as determined by the driver of the bus or vehicle, operator of the ferry, and/or other agent of the transit system, or a police officer if the officer is on the ferry or vehicle, after the alleged violator is issued a summons or citation; or
    (3)    The alleged violator has previously been issued a summons or citation for a substantially similar offense within a one-year period.
(e)    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 city. The form and content of such summons or citation shall be adopted or prescribed by the administrative judge of the district court; provided that the administrative judge may approve the use of a form of summons or citation previously adopted or prescribed for other offenses and such approval shall be deemed to meet the requirements of this subsection. In every case where a citation is issued, the original of the same shall be given to the alleged violator; provided that the administrative judge of the district court may prescribe that the alleged violator be given a carbon copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered, and each carbon copy shall bear the same number as its original.
(f)    The provisions of this article are in addition to and shall in no way limit the provisions of any other federal, state or city law, ordinance, or rule.
(Sec. 28-3.5, R.O. 1978 (1983 Ed.); Am. Ord. 96-67, 07-13)

    Article 4. Special Transit Service

Sections:
    13-4.1    Authorization.
    13-4.2    Eligibility.
    13-4.3    Access.
    13-4.4    Appeal.
    13-4.5    Fare.
    13-4.6    Service.
    13-4.7    Evaluation board.

Sec. 13-4.1    Authorization.
    The department shall provide a special transit service and establish policies and guidelines for its operation. The policies and guidelines shall conform to the short-range transit plan and any update. The department shall contract the private, nonprofit corporation established under Article 8 to manage, operate, and maintain the special transit service on behalf of the city. The department shall submit to the council the policies and guidelines for the special transit service, together with revenues anticipated and costs estimated to be incurred, with all annual budget and supplementary appropriation requests. (Sec. 28-4.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 96-30, 97-02, 08-20)

Sec. 13-4.2    Eligibility.
(a)    Any person desiring a certification to use the special transit service shall first file an application on forms furnished by the department. The application shall include a certification by the applicant’s health care professional that the applicant has a physical or mental disability which precludes the applicant from using the city bus system.
(b)    An applicant must be certified to be paratransit eligible according to the Americans with Disabilities Act of 1990 (ADA); CFR 49, Part 37, Subpart F, Section 37.123 to use the special transit service. Such certification shall be made by either the department or by any person it so authorizes.
(c)    Persons accompanying an ADA paratransit eligible individual shall be registered in advance with the department, and shall be provided service as follows:
    (1)    One other person in addition to the personal care attendant accompanying the ADA paratransit eligible individual may be provided service if the ADA paratransit eligible individual is traveling with a personal care attendant
            (2)    A family member or friend shall be regarded as a person accompanying the ADA paratransit eligible
                individual, unless the family member or friend is acting in the capacity of a personal care attendant.
    (3)    Additional persons accompanying the ADA paratransit eligible individual shall be provided service; provided that space is available for them on the paratransit vehicle carrying the ADA paratransit eligible individual and that transportation of the additional persons will not result in a denial of service to ADA paratransit eligible persons.
    (4)    In order to be considered as "accompanying" the eligible person for purposes of this subsection, the other person(s) shall have the same origin and destination as the ADA paratransit eligible individual.
(Sec. 28-4.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 93-90, 97-02, 08-20)

Sec. 13-4.3    Access.
(a)    Each certified passenger shall be issued a paratransit eligibility identification card, without charge, specifically endorsed for the special transit service by the department or its designated representative.
(b)    Such paratransit eligibility identification card shall be shown at boarding to the operator and each certified passenger shall pay the fare established in Section 13-4.5 of this article. Nonpayment of a fare shall result in boarding being denied.
(c)    The paratransit eligibility identification card shall be effective for four years from the approval of the application for eligibility. It may be renewed thereafter upon the expiration of the prior term; provided the person requesting such renewal demonstrates at each renewal date that such applicant's mental or physical condition warrants continued status as ADA paratransit eligible as certified in Section 13-4.2.
(d)    A paratransit eligibility identification card effective for less than four years may be issued to a person with a disability whose disabling condition, that prevents the applicant from using the city bus system, is not expected to remain for four years. Such paratransit eligibility identification card shall be effective for any appropriate period equal to the expected duration of the person's disabling condition. Should a person's inability to use the city bus system continue beyond the temporary period, the person must reapply.
(e)    An application for renewal of a paratransit eligibility identification card may be made up to 60 days prior to the date of expiration.
(f)    A paratransit eligibility identification card may be recalled from time to time at the discretion of the department for recertification or statistical purpose. The department may extend the effective date of the paratransit eligibility identification card when the paratransit eligibility identification card is recalled for recertification or statistical purpose to reduce large fluctuations in paratransit eligibility identification card renewals in future years.
    Paratransit eligibility identification cards issued after a recall may have physical characteristics different from those issued before the recall.
(g)    Any person holding a paratransit eligibility identification card issued under this section shall relinquish such paratrnsit eligibility identification card if issued a person with a disability identification card or senior citizen identification card under Section 13-2.2 or 13-2.3.
(Sec. 28-4.3, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 91-70, 93-90, 97-02, 08-20)

Sec. 13-4.4    Appeal.
    Any person denied a paratransit eligibility identification card may appeal under the procedures established in Section 13-2.2(j) and (k). (Sec. 28-4.4, R.O. 1978 (1983 Ed.); Am. Ord. 91-70, 08-20)

Sec. 13-4.5    Fare.
(a)    Any person issued a paratransit eligibility identification card under Section 13-4.3 and any person accompanying the ADA paratransit eligible individual utilizing the special transit service shall pay a fare of $2.00 per person per one-way passenger trip or a fare allowed by the ADA, whichever is less, except as provided in Section 13-2.6. Revenues from the fare shall be deposited into the bus transportation fund.
(b)    Any person to whom a current paratransit eligibility identification card has been issued under Section 13-4.3 shall pay a single cash fare in accordance with Section 13-2.1 to ride a city transit bus or the city ferry service upon display to the bus operator of the card; except when a fare for special services is charged under Section 13-2.1.
(c)    A personal care attendant registered with the department shall pay no fare at any time when accompanying an ADA paratransit eligible individual and performing services as a personal care attendant.
(d)    Employees of the transit management services contractor or the ferry management services contractor who have been certified as ADA paratransit eligible pursuant to Section 13-4.2 may use the special transit service without being charged a cash fare by displaying their employee identification card and their paratransit eligibility identification card.
(Sec. 28-4.5, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 91-70, 93-90, 95-22, 97-02, 01-20, 01-62, 03-27, 07-13, 08-20)

Sec. 13-4.6    Service.
    Until such time as the special transit service is adequate to serve all eligible persons, service shall be supplied on a space available basis. The department shall provide such service by either advance reservation, subscription, call response, or combination thereof as will most effectively meet the needs of ADA paratransit eligible persons.
    The department may adopt rules in accordance with HRS Chapter 91 to implement this section.
(Sec. 28-4.6, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 93-90, 97-02, 08-20)

Sec. 13-4.7    Evaluation board.
    The director may appoint an advisory committee pursuant to Revised Charter Section 4-103 to serve as an evaluation board. The committee shall be comprised of 15 to 20 persons who are sympathetic with the concern of special transit service for persons with disabilities. Their function shall be limited to counsel and advice in the form of at least a regular semiannual evaluation of the special transit service to determine the adequacy of service and to submit any recommendations for its improvement to the department. (Sec. 28-4.7, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 91-70, 93-90, 97-02, 08-20)

    (Article 5. Public Transit Authority. Repealed by Ord. 97-02)

    Article 5. Reserved

    Article 6. City Bus System


Sections:
    13-6.1    City bus system.
    13-6.2    Contract s for management, operation and maintenance of city bus system , special transit service and/or supplemental services.
    (13-6.3    Authority to create private, nonprofit corporation as bus management services contractor. Repealed by Ord. 96-30.)
    13-6.3    Reserved.
    (13-6.4    Obligations and responsibilities of bus management services contractor. Repealed by Ord. 96-30.)
    13-6.4    Reserved.
    (13-6.5    Obligations and responsibilities of public transit authority. Repealed by Ord. 96-30.)
    13-6.5    Reserved.
    13-6.6    Operating revenues.
    (13-6.7    Annual performance audit. Repealed by Ord. 96-30.)
    13-6.7    Reserved.
    (13-6.8    Prohibition on use of bus personnel for other than city bus system duties. Repealed by Ord. 96-30.)
    13-6.8    Reserved.
    13-6.9    Advertising inside city transit buses.
    13-6.10    Advertising on exterior of city transit buses.
    13-6.11    Advertising on city bus passes.
    13-6.12    Logo of city bus system.

Sec. 13-6.1    City bus system.
(a)    The department shall be responsible for the operation and maintenance of the city bus system:
    (1)    In accordance with the charter, this chapter, and other applicable ordinances; and
    (2)    Within the limits of available council appropriations and:
        (A)    In the most efficient and effective manner; and
        (B)    In accordance with sound management practices.
(b)    Subject to council appropriations, the department shall establish the routes, schedules and levels of service of the city bus system. The routes, schedules and levels of service shall be in conformance with the short-range transit plan and any update.
(c)    Fares for passengers of the city bus system shall be as established under Article 2. The department shall not:
    (1)    Charge a single cash fare, monthly bus pass fare or bus token, coupon or approved card fare, which differs from that established or permitted under Article 2;
    (2)    Charge a fare when Article 2 exempts a passenger from payment of a fare; or
    (3)    Charge a fee for the issuance of a bus pass, unless expressly authorized under Article 2.
(d)    The department shall have the power to establish or designate park-and-ride facilities to be served by the city bus system. Park-and-ride facilities established or designated by the department shall be:
    (1)    In conformance with the short-range transit plan and any update; and
    (2)    In compliance with development 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.
    Park-and-ride facilities "established" by the department mean facilities under the management of the department. Park-and-ride facilities "designated" by the department mean those which, although served by the city bus system, are not under the management of the department.
(Added by Ord. 91-27; Am. Ord. 93-56, 96-58, 97-02, 03-27, 08-20)

Sec. 13-6.2    Contract s for management, operation and maintenance of city bus system , special transit service and/or supplemental services.
    The department shall contract with the private, nonprofit corporation established under Article 8 to manage, operate, and maintain the city bus system and the city special transit service on behalf of the city. The department may contract with private entities, including the private, nonprofit corporation established under Article 8, to manage, operate, and maintain the supplemental bus service and supplemental special transit service on behalf of the city. (Added by Ord. 91-27; Am. Ord. 96-30, 97-02, 08-20)

(Sec. 13-6.3    Authority to create private, nonprofit corporation as bus management services contractor. Repealed by Ord. 96-30.)

Sec. 13-6.3    Reserved.

(Sec. 13-6.4    Obligations and responsibilities of bus management services contractor. Repealed by Ord. 96-30.)

Sec. 13-6.4    Reserved.

(Sec. 13-6.5    Obligations and responsibilities of public transit authority. Repealed by Ord. 96-30.)

Sec. 13-6.5    Reserved.

Sec. 13-6.6    Operating revenues.
(a)    All operating revenues derived from the city bus system shall be public funds. "Operating revenues derived from the city bus system" include revenues from:
    (1)    Cash fares;
    (2)    Bus pass sales;
    (3)    Transit voucher sales;
    (4)    Sales of bus tokens, coupons or approved cards;
    (5)    Contracts authorizing the use of the city bus system logo as provided in Section 13-6.12;
    (6)    Advertising spaces in city transit buses or on bus passes; and
    (7)    Rental or lease of or concessions on real property managed by the department or transit management services contractor and used for the city bus system.
(b)    Operating revenues derived from the city bus system shall be deposited into the bus transportation fund.
(Added by Ord. 91-27; Am. Ord. 93-22, 93-56, 93-87, 97-02, 03-27, 08-20)

(Sec. 13-6.7    Annual performance audit. Repealed by Ord. 96-30.)

Sec. 13-6.7    Reserved.

(Sec. 13-6.8    Prohibition on use of bus personnel for other than city bus system duties. Repealed by Ord. 96-30.)

Sec. 13-6.8    Reserved.

Sec. 13-6.9    Advertising inside city transit buses.
(a)    The department, through the department of budget and fiscal services, may rent or let advertising spaces inside city transit buses; provided, that the following types of advertising shall not be accepted:
    (1)    Advertising which bears the name, signature, picture or likeness of any elected federal, state or city official or of any candidate for federal, state or city elective office;
    (2)    Advertising which, by reason of design, format or subject matter, promotes or appeals to racial, religious or ethnic prejudice or violence;
    (3)    Advertising which contains pictures, words or symbols of an obscene, lewd, lascivious or indecent character;
    (4)    Advertising which promotes any illegal, indecent or immoral purpose; and
    (5)    Advertising of any product or service which is prohibited by law to be sold or offered for sale to minors or an age-based subgroup of minors.
(b)    Six standard advertising spaces inside each city transit bus shall be made available for announcements of a public service, civic or charitable nature. Three 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 Revenue Code.
    A tax-exempt organization shall not be denied the use of advertising space in a city transit bus solely because the 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 department shall set the rates for the renting or letting of advertising spaces. Rates shall be set by rules adopted in accordance with HRS Chapter 91.
(Added by Ord. 91-27; Am. Ord. 97-02, 08-20)

Sec. 13-6.10    Advertising on exterior of city transit buses.
(a)    Except as otherwise provided under subsection (b) of this section, no advertising shall be allowed on the exterior of a city transit bus.
(b)    Any word, phrase or logo identifying the city, department, transit management services contractor, or trade name of the city bus system may be placed on the exterior of a city transit bus.
(c)    Any letter, word, phrase or number on the exterior of a city transit bus which identifies the route, origin, destination or fleet inventory designation of the bus shall not be deemed advertising prohibited under this section.
(Added by Ord. 91-27; Am. Ord. 96-30, 97-02, 08-20)

Sec. 13-6.11    Advertising on city bus passes.
(a)    The department, through the department of budget and fiscal services, may allow advertisements on bus passes issued under the city bus system fare structure.
(b)    The types of advertising that are not permitted on the inside of city bus transit buses shall not be permitted on city bus passes.
(c)    The department shall adopt rules pursuant to HRS Chapter 91 for the administration and implementation of this section, including establishing the rates for the advertising space on city bus passes.
(Added by Ord. 93-69; Am. Ord. 97-02, 08-20)

Sec. 13-6.12    Logo of city bus system.
(a)    The department may adopt an official logo for the city bus system. The logo may be used for official business purposes and revenue-raising activities authorized by the department. The logo may be the same as that previously adopted for the city bus system.
(b)    If necessary, the department shall copyright the adopted bus system logo under federal law and register its copyrighted ownership. The department may request the department of budget and fiscal services to enter into contracts with private parties for the manufacture, reproduction, distribution, and sale of articles imprinted with the bus system logo to raise revenues for the city bus system. A copy of each contract relating to the use of the bus system logo shall be sent to the city clerk within 30 days of execution of the contract.
(c)    Any person who manufactures, reproduces, distributes, or sells any article imprinted with the bus system logo without the express written approval of the department shall be guilty of a misdemeanor.
(Added by Ord. 97-02; Am. Ord. 08-20)

    Article 7. Transit Voucher Program

Sections:
    13-7.1    Transit voucher program.

Sec. 13-7.1    Transit voucher program.
(a)    There shall be established as part of the city bus system a transit voucher program which will provide for the sale of transit vouchers to employers in the City and County of Honolulu. The department may establish a price for the transit vouchers consistent with the amount employers are allowed to provide each employee as a tax-free benefit for transit commuting costs pursuant to Internal Revenue Code, 26 U.S.C. Section 132. The department may adopt rules under this article in accordance with HRS Chapter 91 to implement the program. The program shall include, but not be limited to, the following elements:
    (1)    Development and dissemination of public information to inform commuters and employers in the City and County of Honolulu of the transit voucher program;
    (2)    Development and sale of transit vouchers to employers in the City and County of Honolulu; and
    (3)    Redemption of transit vouchers for bus passes, or any form of bus fare payment coupons, tokens or remaining credit on approved cards at satellite city halls and other convenient locations in the City and County of Honolulu where bus passes, or any form of bus fare payment tokens, coupons or approved cards are sold.
(b)    The department may extend the transit voucher program to alternate modes of commuter transit which may be operated under the authority of the department and to coordinate the transit voucher program with alternate modes of commuter transit which are operated by other companies or agencies.
(Added by Ord. 93-22; Am. Ord. 97-02, 03-27, 08-20)

    Article 8. Transit Management Services Contractor

Sections:
13-8.1    Authority to contract with a private, nonprofit corporation to serve as transit management services contractor.
13-8.2    Retention of private, nonprofit corporation to serve as transit management services contractor.
13-8.3    Contract for management, operation, and maintenance of city bus system and special transit service.
13-8.4    Obligations and responsibilities of transit management services contractor.
13-8.5    Obligations and responsibilities of the department ^* [* Editor's Note: In accordance with Revised Charter Section 16-114.7, "department" is substituted for "authority" and "department of transportation services" is substituted for "public transit authority." ]
13-8.6    Collective bargaining agreements with bus and special transit service personnel.
13-8.7    Annual performance audit.
13-8.8    Prohibition on use of bus or special transit service personnel for other than official duties.
13-8.9    Integration of city bus system and special transit service.

Sec. 13-8.1    Authority to contract with a private, nonprofit corporation to serve as transit management services contractor.
    The council makes the following findings:
    (1)    The City and County of Honolulu is a body politic and corporate;
    (2)    As a body politic and corporate, the City and County of Honolulu may exercise functions expressed in or necessarily implied from authority granted by the State of Hawaii;
    (3)    HRS Chapter 51 gives each county the "power to provide mass transportation service, whether directly, jointly or under contract with private parties, without the county or private parties being subject to the jurisdiction and control of the public utilities commission in any manner";
    (4)    The department is:
        (A)    An agency of the city and a body politic and corporate in itself; and
        (B)    Charged by the city with the proprietary function of providing mass transportation service for the people of the City and County of Honolulu;
    (5)    The "mass transportation service" which may be provided by the department pursuant to the charter and ordinance consists of city bus and special transit service;
    (6)    The department’s procurement of services from a private, nonprofit corporation to manage the city bus and special transit service is necessary to:
        (A)    Provide the mass transportation service in the most efficient and effective manner and in accordance with sound management practices; and
        (B)    Preserve and provide continuity in the rights, interests and labor relations status of bus and special transit service personnel;
    (7)    The City and County of Honolulu, through a city agency, has the power to effectuate the formation of and contract with a private, nonprofit corporation to serve as the transit management services contractor for the following reasons:
        (A)    HRS Chapter 51 confers broad authority upon the city to provide mass transportation service;
        (B)    HRS Chapter 51 authorizes the city to provide mass transportation service under contract with a private party;
        (C)    The power to effectuate the formation of and contract with a private, nonprofit corporation to provide mass transportation service, as a proprietary function, is necessarily implied under HRS Chapter 51; and
        (D)    State law does not expressly prohibit the city from effectuating the formation of and contracting with a private, nonprofit corporation; and
    (8)    The public interest is further advanced by expressly conferring upon the department the power to effectuate the formation of and contract with a private, nonprofit corporation to manage, operate, and maintain the city bus system and special transit service.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.2    Retention of private, nonprofit corporation to serve as transit management services contractor.
(a)    The department shall:
    (1)    Retain the private, nonprofit corporation which was formed at the request of the department pursuant to ordinance and which served as the bus management services contractor since January 1, 1993; and
    (2)    Enter into a transit management services contract with such private, nonprofit corporation.
    To fulfill the city's requirements, the department shall expand the obligations and responsibilities of the private, nonprofit corporation in accordance with this section.
(b)    As a condition of the transit management services contract, the private, nonprofit corporation shall provide in its articles of incorporation that:
    (1)    The purpose of the corporation is to manage, operate, and maintain the city bus system, special transit service and other transit-related services on behalf of and for the city;
    (2)    The election of directors of the corporation shall be subject to the approval of the department, which approval shall not be unreasonably withheld;
    (3)    The department may remove any director of the corporation when the department determines that the removal is required to fulfill the best interests of the city bus system or special transit service; and
    (4)    The corporation shall conform with applicable ordinances.
    Any necessary amendments shall be filed with the state director of commerce and consumer affairs, with an effective date of or prior to April 1, 1997.
(c)    From April 1, 1997, the private, nonprofit corporation shall be deemed the special transit service contractor and the transit management services contractor for the purposes of this chapter.
(d)    This section shall not be construed as precluding the department from contracting with others to provide bus and special transit services to supplement the city bus and special transit systems.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.3    Contract for management, operation, and maintenance of city bus system and special transit service.
(a)    In accordance with Sections 13-8.1, 13-8.2, 13-6.2, and 13-4.1, the department shall contract with the private, nonprofit corporation to manage, operate, and maintain the city bus system and special transit service on behalf of the city. Under the contract, the private, nonprofit corporation:
    (1)    Shall be an independent contractor in relation to the city;
    (2)    Shall be the employer of record of bus and special transit service personnel, who shall be deemed employees of the private, nonprofit corporation under 29 USC Section 152(3), and who shall not be deemed public employees under HRS Chapter 89;
    (3)    Shall be deemed an instrumentality of the city for appropriate purposes other than for labor and employment purposes;
    (4)    Shall manage, operate, and maintain the city bus system and special transit service in the most efficient and effective manner and in accordance with sound management practices; and
    (5)    Shall have no purpose, except the management, operation, and maintenance of the city bus system and special transit service and the provision of transit-related services on behalf of and for the city.
(b)    The term of the contract shall be set by the department, provided that such term shall not be less than five years. The term may encompass a fiscal period for which council appropriations are unavailable. If so, the contract shall include conditions specifying that:
    (1)    The term of the contract is subject to the availability of council appropriations;
    (2)    The council is not obligated to appropriate funds for the contract; and
    (3)    The failure of the council to appropriate funds for the contract shall not constitute a breach by the department or city.
(c)    For the purpose of Section 9-305 of the charter, inclusion in the contract of the conditions specified under subsection (b):
    (1)    Shall be sufficient for approval by the director of budget and fiscal services as to the availability of funds for the contract; and
    (2)    Shall be deemed a prohibition on extending the contract beyond the term of an appropriation to finance an obligation of the department.
(d)    Under the contract:
    (1)    Reimbursements to the private, nonprofit corporation for the operation and maintenance expenses of the city bus system and special transit service shall not be deemed income or profit of the corporation;
    (2)    Reimbursements for expenses incurred by the corporation's directors and officers in the performance of official duties:
        (A)    Shall be deemed operation expenses of the city bus system or special transit service, as applicable; and
        (B)    Shall not be deemed a distributed share of the income or profit of the corporation; and
    (3)    The operating revenues derived from the city bus system and special transit service shall be income of the city, not of the corporation.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.4    Obligations and responsibilities of transit management services contractor.
(a)    Under the transit management services contract, the transit management services contractor, at a minimum, shall have the following general obligations and responsibilities for the city bus system or special transit service, excluding any supplemental bus service or supplemental special transit services provided by the department:
    (1)    Be directly responsible and accountable to the director for carrying out the policies established by the department for the management, operation, and maintenance of the city bus system and special transit service;
    (2)    Provide sufficient and qualified personnel to manage the city bus system and special transit service;
    (3)    Employ sufficient and qualified bus and special transit service personnel in accordance with applicable law and obligations;
    (4)    Manage the labor and personnel relations with all bus and special transit service personnel;
    (5)    Comply with all applicable labor and employment laws, including 29 USC Sections 158 and 185 and Section 13(c) of the Urban Mass Transportation Act, as amended, including, but not limited to, observing all applicable collective bargaining agreements and obligations pursuant to federal labor laws;
    (6)    Be responsible and accountable for all real and personal property furnished by the city to the contractor;
    (7)    Allow the department, managing director, and council to conduct financial and performance audits of the city bus system and special transit service and cooperate during the conduct of the audits;
    (8)    Recommend to the director annual operating and capital budgets in the format required by the department of budget and fiscal services;
    (9)    Collect revenues derived by the city bus system and special transit service and, on behalf of the department, transmit the revenues to the director of budget and fiscal services for deposit into the appropriate fund;
    (10)    Operate the city bus system in accordance with routes, schedules, and levels of service established pursuant to Section 13-6.1;
    (11)    Operate the special transit service in accordance with the policies and guidelines established pursuant to Section 13-4.1; and
    (12)    Maintain, inspect, and repair city transit buses, special transit service vehicles, and other vehicles provided by the department.
(b)    The department may procure from the transit management services contractor, under the transit management services contract, other services, obligations, and responsibilities which are not contrary to this chapter.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.5    Obligations and responsibilities of the department.
(a)    Under the transit management services contract, the department shall have the following general obligations and responsibilities:
    (1)    Be responsible for paying the necessary and legitimate management, operation, and maintenance expenses of the city bus system and special transit service;
    (2)    Establish the routes, schedules, and levels of service for the city bus system as required under Section 13-6.1;
    (3)    Establish the policies and guidelines for the operation of the special transit service as required under Section 13-4.1;
    (4)    Ensure compliance with arrangements required by the federal Secretary of Labor pursuant to Section 13(c) of the Urban Mass Transportation Act, as amended, to protect the interests of bus personnel and, if applicable, special transit service personnel;
    (5)    Furnish to the contractor the use of the properties and facilities required to operate the city bus system and special transit service, which shall include the following:
        (A)    Maintenance facilities and shop equipment;
        (B)    City transit buses and support vehicles;
        (C)    Special transit service vehicles;
        (D)    Offices, office equipment, furniture, and fixtures; and
        (E)    Data processing equipment; and
    (6)    Have the right to perform financial and management audits of the city bus system, special transit service, and transit management services contractor.
(b)    The department may assume, under the transit management services contract, other obligations and responsibilities which are not contrary to this chapter.
    Under no circumstances, however, shall the department assume any obligation or responsibility which may jeopardize the private employment status of bus or special transit service personnel and their coverage under the National Labor Relations Board.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.6    Collective bargaining agreements with bus and special transit service personnel.
(a)    With respect to collective bargaining agreements with bus and special transit service personnel:
    (1)    The transit management services contractor shall be the employer which shall have all responsibilities and prerogatives of an employer, as defined in 29 USC Section 152(2), in dealing with labor organizations;
    (2)    The transit management services contractor shall advise the department of significant labor relations developments, but shall not be bound by any recommendations or advice of the department;
    (3)    The department shall not have the power to approve or disapprove any collective bargaining agreement negotiated by the transit management services contractor or any of the terms contained therein; and
    (4)    All cost items shall be negotiated or established by the transit management services contractor, subject to funding limits established by the council through the budget process.
(b)    Applicable collective bargaining agreements may include provisions concerning personnel who retired from service with the bus management services contractor or any predecessor thereof, subject to funding limits established by the council through the budget process.
(c)    In the event that an impasse in collective bargaining negotiations for a labor agreement covering bus or special transit service personnel exists, the transit management services contractor shall invoke the services of the Federal Mediation and Conciliation Service and engage in other good faith efforts to settle disputes with the assistance of any available governmental mediation or fact-finding resources, consistent with 29 USC Section 158(d).
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.7    Annual performance audit.
(a)    The department shall conduct an audit of the performance of the city bus system and special transit service during each of the transit management services contractor's fiscal years. A performance audit shall:
    (1)    Evaluate the actual performance of the city bus system and special transit service in comparison to budgetary levels of service, effectiveness measures, and efficiency measures;
    (2)    Identify problems in the management, operation, and maintenance of the city bus system and special transit service; and
    (3)    Recommend solutions to the problems identified.
    A performance audit shall be submitted to the mayor and council within 180 days from the end of the fiscal year for which conducted.
(b)    This section shall not be construed as preventing the council or managing director from conducting a performance audit of the city bus system or special transit service when deemed necessary.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.8    Prohibition on use of bus or special transit service personnel for other than official duties.
(a)    The transit management services contractor or principal of the contractor shall not direct or allow bus or special transit service personnel, during hours of employment for the contractor, to perform duties:
    (1)    Which are not required for the operation or maintenance of the city bus system or special transit service; and
    (2)    Which benefit, in an individual capacity:
        (A)    Any principal of the contractor; or
        (B)    Any director, officer, or employee of the department.
(b)    Any compensation to bus or special transit service personnel for the performance of duties prohibited under this section shall not be a necessary and legitimate expense payable by the city.
(c)    For the purpose of this section, "principal of the contractor" means a director or officer of the transit management services contractor.
(Added by Ord. 96-30; Am. Ord. 08-20)

Sec. 13-8.9    Integration of city bus system and special transit service.
(a)    Any of the services to be provided by the transit management services contractor under this chapter may be provided either by the transit management services contractor or by a private entity which is under contract with the transit management services contractor, and all references to the transit management services contractor in this chapter shall be deemed to refer to the transit management services contractor or to a private entity which is under contract with the transit management services contractor.
(b)    Except if expressly provided otherwise, this chapter shall not require the transit management services contractor to maintain any particular degree of separation between the city bus system and special transit service. If deemed necessary or desirable for the public interest, the transit management services contractor may integrate all or part of the operations of the city bus system and special transit service. The integration may include the sharing of facilities, vehicles, equipment, materials, supplies, personnel, and administrative services, subject to applicable laws and contractual obligations.
(Added by Ord. 96-30; Am. Ord. 08-20)