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Ask The Mayor

Q: Are there any restrictions on transporting kayaks on one’s car or truck? I’ve seen some cars that have a kayak that extends at least 5 feet in both the front and rear of the vehicle. Also, most people do not attach a red flag in back of the kayak. Isn’t there a law that requires a red flag be attached to any object that extends at least 3 feet past the rear end of a vehicle?

A: Yes, you’re right. Maui County Code 10.20.510 states that when the load on any vehicle extends “more than 4 feet beyond the front or rear of the bed or body thereof,” a red flag not less than 16 inches square must be attached to the end of the load and must be clearly visible at all times. Alternately, in nighttime conditions (“between 30 minutes after sunset and 30 minutes before sunrise”), a red light must be used in place of a red flag and must be clearly visible “under normal conditions for a distance of 300 feet from the front or rear of such vehicle.” The penalty for violations is a fine of not more than $100 for the first offense and not more than $250 for every subsequent offense.

Q: I’m sad to see the 3-Can Plan going away in my neighborhood. What does the county plan to do with the green waste and recycling containers? If they are going to trash them, can citizens keep these to use on their own? It would make hauling my recycling and green waste to the recycling center much easier down the road. Thank you.

A: The bins will not get tossed; they will be collected and stored. The Department of Environmental Management plans to purchase new brown covers for the bins and use them as replacement bins for automated refuse pickups. Since a new bin costs $70 to $80 each and a new cover costs just $19, it is much more cost-effective to reuse the bins and just replace the cover. As a side note, these 96-gallon bins are heavy duty – and very heavy. They weigh more than any retail bins available locally, so when you factor in the weight of the recyclables, the full bins can weigh about 100 pounds.

Q: I know a smoking ban was passed on Maui and I’m wondering when that is going to be enforced? I know it is a huge task but even signs would be helpful. I get tired of stepping over cigarette butts that are left behind, as well as the offensive smell of smoke. Thank you!

A: Thank you for checking. First, a point of clarification: It is not a smoking ban, it is a tobacco ban. Secondly, it’s important to note that the County Council’s bill did not include any enforcement support or funding. To date, funding has not been provided by the council for permanent signage as a part of this campaign. Proponents of the bill have said this initiative was intended to be “self-policing” by the community and that the education of the public would be an important part of its implementation. That being said, our parks staff have posted temporary signs in the parks, and we are currently working on finalizing new signs that will include all park prohibitions. After these new comprehensive signs are installed, many of the individual signs for individual prohibitions will be removed. This means that while signs specific to the tobacco prohibition will not be installed, the new comprehensive signage will include the “No Tobacco” information. It should also be noted that technically speaking, county parks include only the beach park areas, such as grass areas and parking lots, not the sand. All in all, I would hope that instead of stepping over cigarette butts left behind, we can all help be a part of the solution by taking a moment to pick them up and dispose of them properly.

Ask The Mayor

Q: Why are the Hookipa Beach Park bathrooms still closed? They’ve been closed since June. Hookipa was voted third-most visited place, behind the crater and the road to Hana! C’mon, mayor! Give Hookipa our bathrooms back.

A: Our parks department has been working diligently on getting the Hookipa restrooms back up and running and is currently awaiting the arrival of a new booster pump that had to be fabricated overseas. The purpose of the pump is to get the water flow/sewage pumped back up to the main sewer lines adjacent to Hana Highway. Yes, it’s taken a while, but the repair needs to be done right so we don’t have any sewage backing up in the bay. Thanks for everyone’s patience in the interim. Once the booster pump arrives it won’t be long before the toilets can be flushed again.

Q: I recently received a ticket for wearing my seat belt shoulder strap under my armpit. The ticket has no box to check, other than “No seat belt.” Should I have been fined? From what I have read in the rules of the road book, no law is stated. Thank you.

A: According to the interpretation of the law, draping your seat belt over your shoulder does not constitute proper restraint. Hawaii Revised Statute 291-11.6 (“Mandatory use of seat belts”) states that the driver and all passengers in an operating motor vehicle must be “restrained by a seat belt assembly” (or by a child safety seat if under 8 years of age), and “restrained” means that the seat belt assembly is “worn as it was designed and intended to be worn.” The National Highway Traffic Safety Administration provides the following information on proper seat belt use: “A shoulder harness is worn across the shoulder and chest with minimal, if any slack. The shoulder harness should NOT be worn under the arm or behind the back.” In this context, improper use of a seat belt not only violates HRS 291-11.6 but also puts the seat belt wearer at risk for serious internal injuries in the event of a crash.

Q: Congratulations on your re-election. Well-deserved and great for our county. My question is in regards to the road sign located on Keolani Place airport access road. The sign is located just at the airport exit, opposite Hemoloa Street. The sign has been vandalized for a number of years now, and has not been repaired or replaced. Can the county replace or repair the sign? Thank you.

A: The sign you’re referring to is the “Preserve America” sign that was awarded to the county back in 2007. Preserve America is a federal initiative that encourages and supports community efforts to preserve and enjoy cultural and natural heritage. It’s unfortunate that vandals have defaced the sign. Airport officials will assist us with the removal and possible restoration of the vandalized sign. Thank you for bringing this to our attention.

Ask The Mayor

Q: Uber, which recently arrived on Maui, has had a list of problems worldwide. These problems include sexual assault by their drivers, violation of state and local regulations for car services, and complaints from their drivers who have no way of voicing concerns or complaints without getting “fired.” By having their drivers be contract employees, they skirt employment laws and worker safety laws that cab drivers and other car services must abide by. Will Maui County try to enforce its laws and regulations for car services on this notoriously troubled company?

A: Maui County Code does not regulate this type of motor carrier. Instead, the service falls under the jurisdiction of the state’s Public Utilities Commission. According to HRS 271-8, people transporting passengers for compensation or hire are required to have a “certificate of public convenience and necessity” issued by the PUC. The commission investigates all instances of illegal operations under its jurisdiction and is authorized to issue citations of $1,000, plus $500 for each day the violation continues, to transportation companies that fail to obtain certificates prior to providing transportation services. Hawaii Administrative Rules 6-62-8 specifies the amounts of liability insurance that motor carriers are required to have, and the PUC is authorized to issue citations of $1,000, plus $500 for each day the violation continues, to people who fail to carry the requisite insurance coverage. Additionally, any person providing prearranged ground transportation services at a public airport must obtain an appropriate airport permit. Citations may be issued to violators by the Airports Division of the state Department of Transportation. To contact the PUC directly for more information or to file a complaint about a motor carrier, visit www.puc.hawaii.gov. If any Uber or Lyft passenger feels a crime has been committed, they should contact the Maui Police Department.

Q: I know that Maui has banned plastic bags in the stores, but I’ve noticed lately that one large, Hawaii-based supermarket chain has been using them. They are reusable, but I don’t know if they are biodegradable. Can you please look into this? Thank you.

A: Certainly. According to the Maui County Code, single-use plastic bags less than 3 mm thick are banned. Plastic bags with handles that are more than 3 mm thick are allowed; however, there is no requirement that bags be biodegradable. The bags you mentioned are indeed plastic, and our recycling staff have been in contact with the management of the supermarket chain to determine whether they meet the criteria for “permitted reusable” bags. However, initial conversations with the company suggest that the bags were initially ordered as reusable bags for retail sale but are now being given away to customers just until the current supply runs out. Both retail stores and restaurants are included in the plastic bag ban, which was enacted in Maui County on Jan. 11, 2011, to help combat the volume of waste created by the use of single-use plastic bags. It’s estimated that the average American uses 300-700 plastic bags per year. Worldwide, somewhere between 500 billion and 1 trillion plastic bags are used each year. For more information on the plastic bag ban, visit www.mauicounty.gov/plasticbags and click on either of the FAQ links.

Q: My trash did not get picked up today, and I’m wondering if we are eligible for a reimbursement for these missed pickups? This is a service I paid for, like my cable and electric bills, so can’t I get a refund when they don’t pick up my rubbish?

A: In nearly every instance when a refuse route is missed, our staff makes the missed pickups the next day. Regardless of the reason, mechanical problems or staff shortages, the opala pickers do their best to make up the collection the very next day – even on Saturdays when needed; normally on overtime, which is actually at a higher cost to the county. That being said, it’s important to note that our residential refuse service is heavily subsidized by county funds. The monthly cost of $18 is roughly 32 percent of the actual cost of our rubbish pickups and landfilling. Other utility-type bills you pay to private companies are not subsidized, and to my knowledge they do not issue refunds on a regular basis for cable or power outages – nor can these services be made up.

Ask The Mayor

Q: I’ve noticed that there is a lot of drunken driving on the island. I know of two drunken driving accidents involving people I know. They were drunk and driving their vehicles home when they got into an accident. They didn’t hurt anyone else, but their vehicles were badly damaged and they were injured. Police officers were called to take reports, but in both of these cases, no one got a DUI. My question is, are there exceptions to DUI laws where you can be involved in a drunken-driving accident but walk away without a DUI? Thank you.

A: I can’t speak to those specific DUI accidents you mentioned because I don’t know the details, but in general, no, there are no exceptions to the law.

I do know that if the driver was injured as you describe, and police had probable cause to believe the person was driving under the influence of an intoxicant, the individual would have been subjected to a mandatory blood draw. This means a person does not have the option of taking a breathalyzer test; their blood will be drawn, by force if necessary, and later tested. Even if a driver is hospitalized and later released pending further investigation, the person would not be arrested or charged with a DUI right away, until that person’s blood alcohol level results are sent to the county prosecutor’s office for review. At that time, the prosecutor’s office will make a determination whether to submit a complaint and summons for the person to appear in court. This process can take, at the very least, six to eight weeks, which is why it may appear that no action had been taken yet involving the cases you mentioned.

Q: In recent weeks, on two occasions, I saw survey teams on Puukolii Street in Lahaina. As I’m sure you know, neighbors in this area have wanted this road repaved for many years. Are these survey teams a sign that improvements might be coming to Puukolii? If so, when? And if not, what else is happening? Thanks for your column; it’s very informative.

A: Those surveyors are working for the Department of Environmental Management, doing background research for a future R-1 reclaimed waterline. As this project relates to Puukolii Road, there a number of privately owned road lots that need to be transferred to the county, and we are waiting on some of the private lot owners to clean up title reports and provide clean deeds to facilitate a transfer in ownership to the county. Neither the R-1 waterline nor any paving improvements can take place until the county owns the road, which is dependent on the individual owners to provide the needed documentation.

Q: I want to build a house on my family property but it’s located in a flood zone. How do I get any needed permits to build in a flood zone?

A: You will need to have a flood development permit application prepared by a licensed professional engineer or architect and submitted to the Planning Department for review. You can find information on the application form and process online at www.mauicounty.gov/development. Under Permits, Applications & Reviews, click on “Development” and then select “Flood Development Permit.”

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