Definitions for the County Transit Rules

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, the following words and terms shall be defined as follows: "Abandoned personal property" means personal property in which the owner has surrendered all claim of right, title, interest, and possession with the intent not to reclaim it. It shall be presumed that personal property left unattended at any County bus stop, transit facility, or transit facility amenity is abandoned. Personal property left on a bus will not be presumed abandoned and may be reclaimed by contacting the department. "ADA" means the Americans with Disabilities Act of 1990, as amended. "ADA eligible individual" means a person with a disability who qualifies for ADA paratransit service as further set forth in section 11.05.030 of this title. "ADA paratransit service" means a public transit service which is part of the County bus system and services persons who are paratransit eligible according to 49 CFR section 37.123, as amended, or persons certified as eligible by the department. "ADA paratransit service personnel" means personnel employed by a bus contractor exclusively or predominantly for the operation and maintenance of the ADA paratransit service. "ADA paratransit service vehicle" means a vehicle owned or contracted by the County and used in the ADA paratransit service. "Adult" means any person age eighteen years and over who does not qualify as a "student". "Advertising" means signage, stickers, posters, flyers, brochures, banners, videos, displays, or any other means of promotion of any product or service. "Bus" means a motor vehicle operated as part of the transit system, and designed to carry passengers, and includes ADA paratransit service vehicles. "Bus contractor" means a private, for-profit, or non-profit entity, with which the County has contracted in accordance with this title to manage, operate, and maintain the County bus system. "Bus pass" means a card, ticket, or similar document distributed, as approved by the department, that entitles the holder to unlimited rides on the County bus system for the duration specified on the pass. "Bus personnel" means personnel employed by a bus contractor exclusively or predominately for the operation and maintenance of the County bus system. "CFR" means Code of Federal Regulations. "Child" means any person under the age of six who does not qualify as an "infant". "Commuter bus service" means the limited scheduled bus service of extended length, with limited stops, using vehicles owned or contracted by the County. "Companion" means a person, other than the personal care attendant, who accompanies an ADA eligible individual. "Copyright infringement" means the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. "County bus stop" means an area, designated by the department, and identified by signage on a County bus route, where County bus system vehicles stop for the boarding and unloading of passengers. This area includes the entire width of the sidewalk and extends forty feet before a bus stop sign or bus stop route sign, or, for bus stops furnished with a transit facility or transit facility amenities, the footprint of the transit facility or amenity and the entire width of the sidewalk, and which extends ten feet in length before and ten feet in length after the footprint of the transit facility or transit facility amenity. The footprint is defined by vertical planes, perpendicular to the ground, extending down from the outermost edges of the transit facility or transit facility amenity overhang or roof. "County bus system" means the fixed route bus service, commuter bus service, and ADA paratransit service that receives moneys from the County by contract or grant agreement. The term includes all County bus stops, all transit facilities, and all transit facility amenities. "County transit bus" means a bus, other than an ADA paratransit service vehicle, owned or contracted by the County or used in the County bus system. "Department" means the department of transportation of the County of Maui. "Director" means the director of the department. "Disability" shall have the same meaning ascribed to that term in 49 CFR section 37.3, as amended. "Electronic device" includes, but is not limited to, televisions, radios, recording devices, portable stereos, electronic games, telephones, cellular phones, walkie-talkies, and pagers. "False or misleading" means untruthful, inaccurate, misleading, or deceptive speech. "Fixed route bus service" means the regularly scheduled public mass transit service, provided by the County through the use of County transit buses. "Infant" means a person under two years of age, traveling with an adult. "Libelous speech" means any written matter, pictures or depiction injurious to the reputation of another. "Medicare cardholder" means any person to whom 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. 42 U.S.C. 1395, et seq. "Minors" means any person less than eighteen years old. "Mobility device" means a mobility aid belonging to any class of multi-wheeled devices and designed for and used by persons with a disability, whether the device is operated manually or by a power supply. "Obscene" or "illicit" means any material described in section 712-1211(1), Hawaii Revised Statutes. "Park-and-ride facilities" means locations where transit system customers may park personal vehicles and ride on the County bus system. Such facilities may or may not be managed by the department. "Person with a disability" means a person with a disability who qualifies for discounted fixed route service as set forth in section 11.03.050 of this title. "Personal care attendant" means a person who's assistance is required by an ADA eligible individual using the transit system. "Political or campaign speech" means any material that (1) refers to or supports a specific ballot question, initiative, petition, or referendum, or (2) refers to any candidate for public office, or (3) bears the name, signature, picture, or likeness of any publicly elected official or of any candidate for elective office. "Pornographic" has the same meaning as "pornographic" as defined in section 712-1210, Hawaii Revised Statutes. "Profanity" means vulgar, irreverent, or coarse language. "Reduced cash fare" means a special program providing particular passengers with a discounted fare option for travel on fixed route bus service, during off-peak hours. "Senior citizen" means a person who qualifies for a discounted monthly pass at the rate set forth in the annual County budget ordinance. "Service animal" shall have the same meaning as ascribed to that term in 49 CFR section 37.3, as amended. "Shopping cart" means a four-wheeled cart, with a basket or container space, to hold personal property or other articles typically provided by a merchant or retail store for their customer's use in collecting purchases. Removal of, or lack of merchant's identification on a shopping cart does not alter a shopping cart's identity as a shopping cart. A small shopping device capable of being carried on a bus by a passenger is considered to be personal property and not a shopping cart. "Single cash fare" means the required payment for a ride on the County bus system. "Smoke" or "smoking" means inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar, or pipe or the use of an electronic smoking device. "Student" means any of the following: a person age six through seventeen, subject to the presentation of a valid identification card establishing the age of the person; a person enrolled in high school with a valid high school identification card establishing the person's enrollment in high school; or a person enrolled in college, university, or vocational school with a valid college, university, or vocational school identification card establishing the person's current enrollment in college, university, or vocational school. "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others. "Transit facility" includes, but is not limited to, transit centers, transit amenities, bus stops on public or private property, park and ride facilities, associated parking lots, and land on property utilized, owned, operated, contracted, or controlled by the department or its contracted service providers for operating of the County bus system. "Transit facility amenities" include, but are not limited to, seating, benches, bus shelters including side frames, screens with artworks (where applicable), trash and recyclable receptacles, bike racks, bus stop signs and posts, bus schedules, bus schedule display devices, photovoltaic equipment including photovoltaic lighting, panels, controllers, battery packs, and battery storage devices, and other amenities as determined by the director. "Transit system" includes the department and the entity or entities that operate the County bus system. ( Ord. No. 4940 , § 1, 2018; Ord. No. 4870 , § 1, 2018; Ord. No. 4288, § 2, 2016 ; Ord. No. 3758, § 1, 2010; Ord. No. 3628, § 1, 2009)