As used in this Chapter, unless the context otherwise requires:
"Abuse and harassment"
means any physical or verbal mistreatment, including hitting, kicking, gestures, yelling, spitting, threats, intimidation, assaults, slurs, and cursing and sexual harassment including unwanted touching, comments, or gestures, of a sexual nature or because of their gender, sexual orientation, gender expression, or gender identity.
"Accompanying rider"
means an individual accompanying an eligible paratransit rider and must have the same trip origin and destination.
"Adult"
means any person over the age of eighteen (18) years who does not qualify as a "youth."
"Agency"
means the Transportation Agency, County of Kaua'i.
"Bus"
means a motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons.
"Bus pass"
means a card or similar document distributed as approved by the Agency that entitles the holder to unlimited or specified rides on the County bus system, or both.
(1) 
"Day bus pass"
means a bus pass that is valid for only the day it is being used.
(2) 
"Monthly bus pass"
means a bus pass that is valid for the month of pass purchased.
(3) 
"Annual bus pass"
means a bus pass that is valid for a one-year period.
"Bus personnel"
means personnel employed by the County of Kaua'i Transportation Agency (CTA) exclusively or predominantly for the operation and maintenance of the County bus system.
"Child"
means any person six (6) years of age or younger.
"County bus system"
means the public mass transit service provided by the County through the use of buses. The term includes:
(1) 
"Fixed route system"
means transit service provided on a fixed schedule along a prescribed route to include:
(a) 
"Mainline"
means a primary transit route that travels over long distances.
(b) 
"Shuttle"
means a transit route that travels 1n a small geographic area.
(2) 
"Demand responsive system"
means any system of transporting individuals, including the provision of designated public transportation service by public entities, including, but not limited to, specified public transportation service, which is not a fixed route system.
"Disability"
shall have the same meaning ascribed to that term m 49 CFR Section 37.3, as the same may from time to time be amended.
"Executive"
means Executive on Transportation of the Transportation Agency, under the Mayor's Office, County of Kaua'i, or his/her duly authorized representative.
"Facility"
means all or any portion of buildings, structures. sites, complexes, equipment. roads, walkways, passageways, parking lots, or other real or personal property, including sites where the building, property, structure, or equipment is located.
"Identification card"
includes the following:
(1) 
Paratransit eligibility Identification Cards distributed as approved by the Agency for the duration as indicated on the card;
(2) 
Employee Identification Cards distributed as approved by the Agency for the duration indicated on the card;
(3) 
Student and generally accepted photo Identification Cards issued by respective agencies and schools as indicated on the card; and
(4) 
Identification Cards for senior citizens.
"Medicare cardholder"
means any person to w horn a Medicare card has been issued, pursuant to Title II or Title XVIII of the Social Security Act, 42 U.S.C. 401, et seq. and 42 U.S.C. 1395, et seq.
"Paratransit service"
means the public transit service that supplements the County bus system to serve persons who are paratransit eligible according to the Americans with Disabilities Act of 1990 (ADA); CFR 49, Part 37, Subpart F, Section 37.123 or persons certified as eligible by the Agency, or both.
"Paratransit service personnel"
means personnel employed by the County of Kaua'i Transportation Agency exclusively or predominantly for the operation and maintenance of the paratransit service.
"Paratransit service vehicle"
means a vehicle owned by the County of Kaua'i and used in the paratransit service.
"Personal care attendant"
means a person designated or employed specifically to help a person with a disability meet personal needs and without whom the person with a disability would not be able to ride.
"Senior citizen"
means any individual age sixty-five (65) and over.
"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.
"Single cash fare-standard"
means the required payment for a ride on the County bus system.
"Transit system"
includes the Agency and the entity or entities that operate the County bus system and paratransit service.
"Youth"
means any individual from the ages of seven (7) through eighteen (18).
(Ord. No. 662, September 2, 1994; Ord. No. 684, April 27, 1995; Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1058, October 30, 2019)
(a) 
Except as otherwise provided in this Chapter, every person using fixed route mainline/shuttle services shall pay the following base cash fare, to be collected upon boarding the bus and the following for purchase of Identification (ID) Cards:
FIXED ROUTE MAINLINE/SHUTTLE SERVICE
Passenger Category Date Effective
Identification (ID) Card (new, renewal, replacement)
Shuttle Cash Standard - Fare
Mainline Cash Standard - Fare
One-Day Bus Pass Fare
Monthly Bus Pass Fare
Annual Bus Pass Fare
Adult
January 1, 2020 to December 31, 2020
Not applicable
$0.50
$2.00
$4.00
$45.00
$500.00
January 1, 2021 ongoing unless otherwise amended
Not applicable
$0.50
$2.00
$5.00
$50.00
$550.00
Seniors (65+ yrs.)
January 1, 2020 to December 31, 2020
$10.00 for two years
$0.25
$1.00
$2.00
$22.50
$250.00
January 1, 2021 ongoing unless otherwise amended
$10.00 for two years
$0.25
$1.00
$2.50
$25.00
$275.00
Youth (7-18 yrs.)
January 1, 2020 to December 31, 2020
Not applicable 
$0.25 
$1.00 
$2.00 
$22.50 
$250.00 
January 1, 2021 ongoing unless otherwise amended
Not applicable
$0.25
$1.00
$2.50
$25.00
$275.00
Paratransit Registered Rider w/eligibility card
January 1, 2020 to December 31, 2020
NO CHARGE for two years or duration of temporary disability specified by a healthcare professional whichever is less (only needed for single cash fare or bus pass)
$0.25
$1.00
$2.00
$22.50
$250.00
January 1, 2021 ongoing unless otherwise amended
NO CHARGE for two years or duration of temporary disability specified by a healthcare professional whichever is less (only needed for single cash fare or bus pass)
$0.25
$1.00
$2.50
$25.00
$275.00
Personal Care Attendant (PCA)
Not applicable
$0
Not applicable
CHILDREN 6 AND UNDER TRAVEL FREE AND MUST BE ACCOMPANIED BY A PAYING PASSENGER. SUCH CHILDREN SHALL NOT OCCUPY A SEAT TO THE EXCLUSION OF ANOTHER PAYING PASSENGER.
(b) 
Except as otherwise provided in this Chapter, every person using paratransit services shall pay the following base cash fare, to be collected upon boarding the Paratransit service vehicle and the following for purchase of Identification (ID) Cards:
PARATRANSIT SERVICE
Passenger Category
Date Effective
Identification (ID) Card (new, renewal, replacement)
Single Cash Standard-Fare
10 RIDE (one-way trip) Ticket Book
Paratransit Registered Rider w/eligibility card
January 1, 2020 ongoing unless otherwise amended
NO CHARGE for two years or duration of temporary disability specified by a healthcare professional whichever is less (only needed for single cash fare or bus pass)
$2.00
$20.00
Seniors (Over 65 yrs.)
January 1, 2020 ongoing unless otherwise amended
$10.00 for two years (only needed for single cash fare or bus pass)
$4.00
$40.00
Personal Care Attendant (PCA)
When performing PCA service
Not applicable
$0
Not applicable
Accompanying/Companion rider
January 1, 2020 ongoing unless otherwise amended
Not applicable
$4.00
Not applicable
CHILDREN 6 AND UNDER TRAVEL FREE AND MUST BE ACCOMPANIED BY A PAYING PASSENGER. SUCH CHILDREN SHALL NOT OCCUPY A SEAT TO THE EXCLUSION OF ANOTHER PAYING PASSENGER.
(c) 
Transfers between buses may be permitted pursuant to rules adopted by the Agency.
(d) 
The Agency may allow a person to board a bus or paratransit service vehicle, or both without being charged a cash fare as part of a promotional offer or package made available by the Agency.
(e) 
A personal care attendant (PCA) accompanying a person with a valid paratransit eligibility Identification Card shall pay no fare when performing PCA service and must have the identical pick-up and drop-off destination(s).
(f) 
To be entitled to ride a County fixed mainline and shuttle transit bus at a discounted fare, the person shall display the valid Identification Card to and present fare to bus personnel when boarding the bus.
(g) 
Persons qualified for paratransit based on age (sixty-five (65) years to eighty-four (84) years) alone shall be allowed ten (10) paratransit trips per month, with exceptions for dialysis and work trips.
(h) 
The Executive may implement discount bulk bus pass rates with other organizations pursuant to rules adopted by the Agency.
(Ord. No. 662, September 2, 1994; Ord. No. 673, January 18, 1995; Ord. No. 684, April 27, 1995; Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 922, March 2, 2012; Ord. No. 934, October 24, 2012; Ord. No. 943, May 8, 2013; Ord. No. 984, April 22, 2015; Ord. No. 1058, October 30, 2019)
(a) 
Any person desiring a certification to use the paratransit service shall first file an application on forms furnished by the Agency. The application shall include a certification by the applicant's health care professional that the applicant has a physical or mental disability that precludes the applicant from using the County bus fixed route mainline and shuttle system.
(b) 
An applicant must be certified to be paratransit eligible according to the Americans with Disabilities Act of 1990 (ADA); 49 CFR, Part 37, Subpart F, Section 37.123 to use the paratransit service. Such certification shall be made by either the Agency or by any person it so authorizes.
(c) 
Each certified passenger shall be issued a paratransit eligibility Identification Card, without charge, specifically endorsed for the paratransit service by the Agency or its designated representative.
(d) 
Such paratransit eligibility Identification Card shall be shown at boarding to bus personnel and each certified passenger shall pay the fare established in Section 1 7A-1.2 of this Chapter. Nonpayment of a fare shall result in boarding being denied.
(e) 
The paratransit eligibility Identification Card may be effective for a period determined by the Agency to begin from the approval of the application for eligibility. It may be renewed thereafter up to sixty (60) days prior to the expiration date 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 whose disabling condition prevents the applicant from using the county fixed/mainline and shuttle bus system. Should a person's temporary inability to use the County bus system continue beyond a temporary disability period, the person must reapply.
(f) 
A paratransit eligibility Identification Card may be recalled from time to time at the discretion of the Agency for recertification or statistical purpose. The Agency 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) 
Persons accompanying an ADA paratransit eligible individual 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 and shall pay applicable fare in accordance to Section 17A-l.2, 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 in 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.
(Ord. No. 1058, October 30, 2019)
(a) 
Any senior citizen who applies for a paratransit eligibility Identification Card with the Agency shall be issued the same upon provision of acceptable supporting evidence of age and payment of a ten dollar ($10.00) processing fee. The Identification Card shall be valid for two (2) years, commencing from the date of issuance and expiring at the end of the month that such Identification Card was issued two (2) years ago. It may be renewed thereafter upon payment of the processing fee in accordance to Section 1 7A-l.2. In the event of theft, loss, or destruction of such, a replacement card may be issued upon payment of fee in accordance with Section 1 7A-1.2.
(b) 
If not more than sixty (60) days prior to the expiration of the validity of a paratransit eligibility Identification Card, the senior citizen applies for and is issued a new paratransit Identification Card, the date of issuance shall be deemed to be the first day following the expiration of the prior senior citizen paratransit Identification Card. The term of validity of the new paratransit Identification Card shall commence from that date and expire at the end of the month that such Identification Card was issued two (2) years pr10r.
(c) 
Such paratransit eligibility Identification Card shall be shown at boarding to the bus personnel and each certified passenger shall pay the fare established in Section 1 7A-l.2. Nonpayment of a fare shall result in boarding being denied.
(Ord. No. 1058, October 30, 2019)
(a) 
A person denied eligibility for paratransit shall receive a notice in writing stating the reasons for denial. Within thirty (30) days of receipt of such notice or such additional time as may be permitted by the Executive, such person may appeal the decision to the Executive or a hearings officer appointed by the Executive. The appeal shall be affected by filling out the notice of appeal in a form prescribed by the Agency and filing the same with the Agency.
(b) 
Within thirty (30) days from the date of mailing or personal service of such notice of appeal, the Executive or the appointed hearings officer shall schedule a hearing at which the appellant shall be entitled to be heard in person or through counsel and shall be given a full and fair opportunity to present any facts showing the reason why the denial was in error.
(c) 
The Executive or the appointed hearings officer may affirm, reverse, or modify the decision under appeal based on findings of facts that justify the decision. The decision shall be the final decision of the County. All findings of fact, conclusions of law, and decisions and orders of the Executive or the appointed hearings officer shall be in written form.
(Ord. No. 1058, October 30, 2019)
Until such time as the paratransit service is adequate to serve all eligible persons, service shall be supplied on a space available basis. The Agency shall provide such service by advance reservation, subscription, call response, or combination thereof as will most effectively meet the needs of ADA paratransit eligible persons.
(Ord. No. 1058, October 30, 2019)
Bus drivers shall be responsible for the collection of fares on all County buses. Bus drivers shall have the authority to ask passengers for identification as required to determine if proper fares are being charged. To board a bus, a passenger shall deposit the exact fare in cash into the farebox of the bus; provided that a passenger may overpay the fare. but shall not receive any change if doing so. If the Agency establishes an approved pass or card program, a passenger may substitute appropriate authorized pass or card for cash to pay the fare.
(Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1058, October 30, 2019)
There shall be no refunds on any fares deposited into a vehicle's farebox or otherwise collected by the Agency.
(Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1058, October 30, 2019)
(a) 
Lost or stolen Bus Passes shall not be replaced or refunded by the Agency.
(b) 
Lost or stolen Identification Card(s) may be replaced for a fee of ten dollars ($10.00).
(c) 
Any Bus Pass or Identification Card issued under this Chapter 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 an Identification Card under this Section based on false application or certification. No person shall alter a Bus Pass or Identification Card issued under this Section, unless authorized by the Agency.
(Ord. No. 684, April 27, 1995; Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1058, October 30, 2019)
(a) 
Any person who is issued a Bus Pass or Identification Card based on false application or certification, who knowingly permits another to use the Bus Pass or Identification Card, or who alters, without authorization from the Agency, the person's Bus Pass or Identification Card shall be penalized by:
(1) 
Suspending the Bus Pass for the remainder of the term;
(2) 
Prohibiting the renewal or replacement of the Bus Pass, or the issuance of a new Bus Pass, or both, until one (1 ) year from the date of conviction.
(b) 
The following persons shall be in violation of this Section and if convicted shall be fined not more than five hundred dollars ($500.00):
(1) 
Any person who uses a Bus Pass or Identification Card issued to another;
(2) 
Any person, to whom a Bus Pass or Identification Card has been issued, who knowingly permits another to use that Bus Pass or Identification Card; or
(3) 
Any person who obtains or attempts to obtain a Bus Pass or Identification Card based on false application or certification; or any person who alters a Bus Pass or Identification Card without authorization from the Agency.
(Ord. No. 1058, October 30, 2019)
All moneys received from cash fares and bus pass sales shall be deposited in the Highway Fund and shall be expended for the management and operation of the Agency.
(Ord. No. 662, September 2, 1994; Ord. No. 684, April 27, 1995; Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1031, April 27, 2018; Ord. No. 1058, October 30, 2019)
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Chapter shall not affect the validity of any other part of this Chapter which can be given effect without such invalid part or parts.
(Ord. No. 662, September 2, 1994; Ord. No. 684, April 27, 1995; Ord. No. 765, May 14, 2001; Ord. No. 840, June 30, 2006; Ord. No. 880, July 1, 2009; Ord. No. 1058, October 30, 2019)