Revised Ordinances of Honolulu
(Link to original Word Processing Version)
Article 21. Weight, Size and Load
Sections:
(15-21.1 Gross weight, axle and wheel loads. Repealed by Ord. 95-15.)
15-21.1 Reserved.
15-21.2 Limitation of weight and wear defined.
15-21.3 Projecting loads on passenger vehicles.
(15-21.4 Loads to be properly secured. Repealed by Ord. 95-15.)
15-21.4 Reserved.
15-21.5 Trailers and towed vehicles.
15-21.6 Police officers may weigh vehicles and require removal of excess loads.
15-21.7 Liability for damage to highway or structure.
15-21.8 Width and height of vehicles restricted.
15-21.9 Restricting the use of A.A. Wilson Bridge at Wahiawa.
15-21.10 Restricting the use of Tantalus Road by heavy vehicles.
15-21.11 Restricting the use of Kaneohe Bay Drive.
15-21.12 Permit to move equipment and/or load of excessive weight, width or height.
15-21.13 Regulations as to movement of loads of excessive width.
15-21.14 Restricting the use of a portion of Moanalua Highway by certain heavy vehicles.
15-21.15 Restricting the use of Ahuimanu Road by certain heavy vehicles.
(Sec. 15-21.1 Gross weight, axle and wheel loads. Repealed by Ord. 95-15.)
Sec. 15-21.1 Reserved.
Sec. 15-21.2 Limitation of weight and wear defined.
(a) No vehicles equipped wholly or partly with metal tires or vehicles resting on
any metal roller, wheel or other object or portion thereof in contact with
the highway, the weight of which with its load exceeds 500 pounds upon
any inch width of the tire, shall be operated on any highway; provided,
however, that traction engines or tractors, the propulsive power of which is exerted
not through wheels resting upon the ground but by means of a flexible
band or chain known as a movable tract, shall not be subject to
the foregoing limitations upon permissible weight per inch of width of tire, if
the portions of the movable track in contact with the highway present a
plane surface. Further, no vehicle or trailer which is equipped wholly or partly
with metal tires or other hard nonresilient material shall be operated upon any
highway unless a special permit for each such operation be first obtained from
the director of transportation, department of transportation of the State of Hawaii, or
the director's representative, in case of state highways, or from the director of
transportation services, department of transportation services of the City and County of Honolulu,
or the director's representative, in case of city and county highways.
(b) No vehicle equipped with pneumatic tires, the weight of which with its load
exceeds 800 pounds per inch of width per tire shall be operated upon
any public highway.
(c) No vehicle equipped wholly or partly with solid tires, other than metal, the
weight of which with its load exceeds 600 pounds on any inch of
the channel base width of the tire used thereon, shall be operated upon
any highway. The total width of all the tires on any one wheel
shall be deemed the width of one tire.
(d) No vehicle equipped with solid rubber tires shall be operated upon any public
highway if the thickness of any such tire is less than as shown
in the following table:
Width of tire in inches Minimum thickness
3 inches to 5 inches, inclusive 1
6 inches to 8 inches, inclusive 1 1/4
10 inches and over 1 1/2
(e) No vehicle equipped with solid rubber tires shall be operated on any highway
when the variation in width of the entire traction surface of any solid
tire due to injury or wear exceeds 15 percent, or when the variation
in thickness on any part of the traction surface exceeds 15 percent, or
when any portion of the rubber is not securely attached to the channel
base. No dual solid rubber tires shall be permitted to be used on
any highway if there is an average difference greater than one-eighth inch between
the outside diameters of each of the single tires composing the dual tire.
(Sec. 15-21.2, R.O. 1978 (1983 Ed.))
Sec. 15-21.3 Projecting loads on passenger vehicles.
No passenger-type vehicle shall be operated on any highway with any load thereon
projecting beyond the extreme width of the vehicle, regardless of the nature of
the property being transported. (Sec. 15-21.3, R.O. 1978 (1983 Ed.))
(Sec. 15-21.4 Loads to be properly secured. Repealed by Ord. 95-15.)
Sec. 15-21.4 Reserved.
Sec. 15-21.5 Trailers and towed vehicles.
(a) When one vehicle is towing another, the drawbar or other connection shall be
of sufficient strength to pull all weight towed thereby, and such drawbar or
other connection shall not exceed 15 feet from one vehicle to the other
except that the connection may be longer between any two vehicles transporting poles,
pipes, machinery, or other objects of such structural nature as cannot readily be
dismembered.
(b) When one vehicle is towing another and the connection consists of a chain,
rope or cable, there shall be displayed upon such connection a white flag
or cloth not less than 12 inches square.
(c) Trailers shall not be operated, permitted to be operated, caused to be operated
or parked on public highways without the safety chain or chains (stay chain
or cable) securely coupled to the motor vehicle to which it has been
coupled for towing. The safety chain or chains shall not be coupled to
the same coupling of the towing vehicle to which the tow bar is
coupled. Each chain or cable and its accompanying coupling and mounting devices shall
have an ultimate strength equal at least to the gross weight of the
trailer. No more slack shall be left in the safety chain or cables
than shall be necessary to permit proper turning. The safety chain or cable
shall be so connected to the trailer and towing vehicle, and also to
the tow bar so as to prevent the tow bar from dropping to
the ground in the event the tow bar or coupling should fail.
(d) No asphalt kettle containing hot liquid asphalt shall be towed or otherwise moved
upon the highway unless the kettle is no more than one-half full of
liquid asphalt, the top has been securely fastened, and chunks of cold, hard
asphalt have been added to the liquid asphalt in sufficient quantities to cool
the asphalt to a semisolid state and minimize splashing. In no event shall
an asphalt kettle be towed or moved along the public highway while the
heating element is operating.
(Sec. 15-21.5, R.O. 1978 (1983 Ed.))
Sec. 15-21.6 Police officers may weigh vehicles and require removal of excess loads.
(a) Any police officer having reason to believe that the weight of a vehicle
and load is unlawful is authorized to require the driver to stop and
submit to a weighing of the same by means of either portable or
stationary scales, and may require that such vehicle be driven to the nearest
public scales in the event such scales are within two miles.
(b) Whenever an officer, upon weighing a vehicle and load as above provided, determines
that the weight is unlawful, such officer may require the driver to stop
the vehicle in a suitable place and remain standing until such portion of
the load is removed as may be necessary to reduce the gross weight
of such vehicle to such limit as permitted under this article. All material
so unloaded shall be cared for by the owner or operator of such
vehicle at the risk of such owner or operator.
(c) Any driver of a vehicle who fails or refuses to stop and submit
the vehicle and load to a weighing when directed by an officer or
who fails or refuses to otherwise comply with the provisions of this section,
is deemed to have committed a violation.
(Sec. 15-21.6, R.O. 1978 (1983 Ed.); Am. Ord. 95-15)
Sec. 15-21.7 Liability for damage to highway or structure.
(a) Any person driving any vehicle, object or contrivance upon any highway or highway
structure shall be liable for all damage which such highway or structure may
sustain as a result of any illegal operation, driving or moving of such
vehicle, object or contrivance, or as a result of operating, driving or moving
any such vehicle, object or contrivance weighing in excess of the permitted maximum
weight but authorized by a special permit issued as provided in Section 15-21.12.
(b) Whenever such driver is not the owner of such vehicle, object or contrivance,
but is so operating, driving or moving the same with the expressed or
implied permission of its owner, then such owner and driver shall be jointly
and severally liable for any such damage.
(Sec. 15-21.7, R.O. 1978 (1983 Ed.))
Sec. 15-21.8 Width and height of vehicles restricted.
The width and height of a motor vehicle or other power vehicle operated
on any street or highway shall be in conformance with HRS Section 291-34.
(Sec. 15-21.8, R.O. 1978 (1983 Ed.); Am. Ord. 01-36)
Sec. 15-21.9 Restricting the use of A.A. Wilson Bridge at Wahiawa.
(a) No person shall drive or operate any motor vehicle having an aggregate weight
of vehicle and load in excess of 15 tons over the A.A. Wilson
Bridge, nor shall any person drive or operate any motor vehicle, except a
passenger automobile, over said A.A. Wilson Bridge when there is another such motor
vehicle approaching in the opposite direction over said A.A. Wilson Bridge.
(b) No person shall drive any motor vehicle over said A.A. Wilson Bridge at
a greater speed than 10 miles per hour.
(c) The driver of any motor vehicle, except a passenger automobile, when traveling over
said A.A. Wilson Bridge, shall not approach within 30 feet of another motor
vehicle proceeding in the same direction.
(Sec. 15-21.9, R.O. 1978 (1983 Ed.))
Sec. 15-21.10 Restricting the use of Tantalus Road by heavy vehicles.
(a) No person shall drive any motor vehicle having an aggregate weight of vehicle
and load in excess of eight tons in either direction over that part
of Tantalus Road beginning from the mauka side of Papakolea Bridge to the
junction of Round Top-Makiki Road.
(b) The foregoing provisions shall not apply to an authorized emergency vehicle, as defined
hereinbefore, while the driver of such vehicle is operating the same in an
emergency in the necessary performance of such driver's duties, nor to a vehicle,
the owner or operator of which has obtained from the director of transportation
services of the City and County of Honolulu a permit authorizing the operation
of such vehicle over the described road. The director of transportation services shall
issue such a permit only when it appears to said director's satisfaction that
an emergency exists necessitating the issuance of such a permit.
(Sec. 15-21.10, R.O. 1978 (1983 Ed.))
Sec. 15-21.11 Restricting the use of Kaneohe Bay Drive.
(a) No person shall drive any truck in either direction over Kaneohe Bay Drive,
between the intersection of Mokapu Saddle Road and Kaneohe Bay Drive and the
junction of Kaneohe Bay Drive with Paku Place, when such truck with load
weighs in excess of seven tons.
(b) The provisions of this section shall not apply to an authorized emergency vehicle
as defined hereinbefore, while the driver of such vehicle is operating the same
in an emergency in the necessary performance of such driver's duties, nor to
a vehicle the owner or driver of which has obtained from the director
of transportation services of the City and County of Honolulu a permit authorizing
the operation of such vehicle over the above described drive. Said director of
transportation services shall issue such a permit only when it appears to said
director's satisfaction that an emergency exists necessitating the issuance of such a permit.
(Sec. 15-21.11, R.O. 1978 (1983 Ed.); Am. Ord. 01-61)
Sec. 15-21.12 Permit to move equipment and/or load of excessive weight, width or height.
(a) No vehicle, equipment or other object which does not meet the standards of
weight, width or height or other requirements mentioned in Section 15-21.2 and Section
15-21.8, nor any load in excess of nine feet in width, exclusive of
eaves or overhangs of less than three feet and having a clearance of
10 feet or more above the roadway, shall be moved, transported or caused
to be moved or transported over any public highway or street by any
person without a permit therefor issued by the director of transportation of the
State of Hawaii or the director's representative, whenever state highways are involved, and
by the director of transportation services or the director's representative, whenever city and
county highways are involved.
(b) All applications for permits required under this section shall be made in writing
to the director of transportation and/or the director of transportation services of the
city and county, as the case may be, and shall contain the following:
(1) Description of the vehicle, equipment and/or load to be moved;
(2) Street location or other identifying description of the place to which the same
is to be moved;
(3) Complete designation of the route to be followed;
(4) Height, width and length of the same;
(5) Times at which the movement of the same will commence and terminate;
(6) Certified statement that the moving contractor has examined the route and determined that
there will be a clearance of at least one foot on each side
of the vehicle, equipment and/or load and any possible obstructions existing along such
route.
(c) No permit shall be issued unless:
(1) The applicant has secured and presents to the issuing officer all clearances required
by any law, ordinance or regulations;
(2) There is more than one foot clearance on each side of the vehicle,
equipment and/or load along the route to be followed;
(3) The issuing officer is satisfied that there are available sufficient pull out areas
for use in case of delay or breakdown;
(4) The applicant has obtained a permit from the joint pole committee where the
vehicle, equipment and/or load, as loaded, exceeds 13 feet in height;
(5) And in the case of loads of such excessive widths, the applicant has
filed with the issuing officer a certificate of any insurance carrier certifying that
there is a comprehensive automobile liability insurance policy covering said applicant, and the
applicant's authorized agents, executors, administrators, heirs and assigns for liability in the minimum
amount of $100,000.00 for bodily injury to or death of one person in
any one accident, and in the amount of $300,000.00 for bodily injury to
or death of two or more persons in any one accident, and in
the amount of $50,000.00 because of damage to or destruction of property of
others in any one accident.
(d) The director of transportation of the State of Hawaii and/or the director of
transportation services of the City and County of Honolulu, as the case may
be, may, in their discretion, change and designate another route to be followed
or the time during which the movement shall be made prior to the
issuance of a permit.
(Sec. 15-21.12, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Sec. 15-21.13 Regulations as to movement of loads of excessive width.
(a) Such loads of excessive width shall be moved or transported only during the
hours between one a.m. and six a.m.; except in certain rural areas the
issuing officer may, in such officer's discretion, permit movements between the hours of
10 a.m. and three p.m. where traffic may be diverted over an alternate
route and where the flow of traffic will not be unduly impeded by
such movement; provided, however, such loads of less than 14 feet in width,
exclusive of eaves or overhangs of three feet or less and having a
clearance of 10 feet or more above the roadway, may be moved at
any time except during the hours between six-thirty a.m. and eight-thirty a.m. and
during the hours between three-thirty p.m. and five-thirty p.m.
(b) The maximum speed of movement of such loads shall be 25 miles per
hour.
(c) When movements are permitted during daylight hours, such loads shall be marked at
each corner by a red flag. An escort vehicle, displaying at least one
red flag on each side at the front, shall precede such load. The
flags herein referred to shall be not less than 16 inches square (256
square inches).
(d) When movements are made at night, such load shall be escorted by at
least two escort vehicles, one of which shall precede the load and one
of which shall follow the load. Such escort vehicles shall be equipped with
at least one oscillating amber light on the top of the cab, or
one blinking amber light at least six inches in diameter in the front
of the front escort vehicle and one blinking amber light in the rear
of the rear escort vehicle.
(e) The leading escort vehicle shall precede the load by not less than the
distances shown on the following table. The speeds shown in the table represent
the established speed limit for the street or highway on which the movement
is taking place added to the speed at which the load is traveling.
COMBINED SPEED MINIMUM DISTANCE FROM LOAD
(M.P.H.) TO LEADING ESCORT VEHICLE
30 200
35 240
40 280
45 320
50 350
55 420
60 480
65 540
70 600
(f) When movements are made at night, such loads shall be lighted by at
least one string of incandescent lamps spaced at a maximum of five feet
on center around the entire load. At least one lamp in said string
shall be located at each corner of the load. All such lamps shall
be located not less than five feet from the roadway surface. In addition
thereto, at least one lamp shall be placed or located at each corner
and at the lowest point of the load. All lamps located at the
corners of the load shall be red in color and not less than
100 watts each; all others may be red, white or amber in color
and shall be not less than 50 watts each. Sufficient lanterns shall be
provided of the colors specified for incandescent lamps to be used in the
event of power failure or other similar emergency to ensure that the minimum
lighting required by this traffic code is maintained at all times.
(g) The vehicle or tractor carrying, transporting or drawing such load at night shall
be equipped with at least two flashing amber lights not less than six
inches in diameter which shall be mounted on each side at the front
of the vehicle or tractor, near the headlight but not in the same
horizontal line therewith.
(h) If trailers are used in carrying or transporting such load at night, the
lighting of such trailers shall be as specified in Section 15-19.5 (d).
(i) On movements of loads which require the adjustment of overhead facilities, the contractor
shall provide at least two experienced workers on top of the structure to
lift wires and perform other work as required to ensure the safe passage
of the load under overhead obstructions without damage to the wires or obstructions.
Such workers shall be provided with safety gloves and all other safety devices
required by the state safety code.
(j) All military tactical movements shall be exempted from the provisions of this section.
(k) All agricultural equipment and implements of husbandry moved on public highways in the
course of normal agricultural operations, and within the geographic area in which they
are normally used, shall be exempted from the provisions of this section.
(Sec. 15-21.13, R.O. 1978 (1983 Ed.))
Sec. 15-21.14 Restricting the use of a portion of Moanalua Highway by certain heavy
vehicles.
No person shall drive or operate any vehicle, having a registered weight of
6,000 pounds or more, in the Honolulu direction on Moanalua Highway from the
Halawa Stream Bridge to Red Hill Road in any lane but the extreme
right lane during the hours of six-thirty a.m. to eight a.m., except when
overtaking a stalled vehicle or preparatory to making a left turn. (Sec. 15-21.14,
R.O. 1978 (1983 Ed.))
Sec. 15-21.15 Restricting the use of Ahuimanu Road by certain heavy vehicles.
(a) No person shall drive any vehicle in either direction over Ahuimanu Road between
Ahuimanu Place and Kamehameha Highway when such vehicle, with or without load, weighs
in excess of 10 tons.
(b) The foregoing provision shall not apply to an authorized emergency vehicle while the
driver is operating such vehicle in the necessary performance of such driver's duties,
nor to a vehicle, the owner or operator of which has obtained from
the director of transportation services of the City and County of Honolulu a
permit authorizing the operation of such vehicle over the described road. The director
of transportation services shall issue such a permit only when it appears to
his or her satisfaction that an emergency exists necessitating the issuance of such
a permit.
(Sec. 15-21.15, R.O. 1978 (1983 Ed.))
Article 22. Parking Meter Zones
Sections:
15-22.1 Parking meter zone.
15-22.2 Designation of parking meter spaces.
15-22.3 Acquisition, installation and operation of parking meters.
15-22.4 Parking time limits.
15-22.5 Placement of parking meters.
15-22.6 Method of parking.
15-22.7 Operation of parking meters.
15-22.8 Charge for enclosure or obstruction of parking meter spaces incidental to construction.
15-22.9 Collections.
15-22.10 Use of fund.
15-22.11 Violations.
Sec. 15-22.1 Parking meter zone.
(a) All streets, including those named, lying within an area, bounded and described in
Schedule XXX attached to the ordinance codified in this section and made a
part hereof shall constitute parking meter zones. *
[ * Editor's Note: See the listing of schedules at the beginning of this chapter.]
(b) All other streets may be hereafter included, added and designated as parking meter
zones by an ordinance, enacted by the city council of the City and
County of Honolulu.
(c) All municipal parking areas shall constitute parking meter zones when they have been
so designated by the city council of the City and County of Honolulu.
(Sec. 15-22.1, R.O. 1978 (1983 Ed.))
Sec. 15-22.2 Designation of parking meter spaces.
The director of transportation services is authorized and directed to establish, mark and
designate individual parking meter spaces for the parking of a single vehicle therein
in the parking meter zones designated and described in Section 15-22.1 and in
such other zones as may hereafter be established, including the reservation of spaces
for loading and unloading of commercial vehicles for which no parking meters shall
be established, which spaces shall be marked and designated to extend in width
eight feet from the curb or edge of the street towards the center
of the street and extend in length a maximum of approximately 22 feet
and a minimum length of approximately 18 feet along the curb or edge
of the street. (Sec. 15-22.2, R.O. 1978 (1983 Ed.))
Sec. 15-22.3 Acquisition, installation and operation of parking meters.
The director of budget and fiscal services shall do all things necessary to
provide for the purchase, rental, acquisition, installation, maintenance, and repair of parking meters,
including the collection of coins, currency and other payments from parking meters. The
department of facility maintenance or the Honolulu police department, as appropriate, shall provide
for the installation, maintenance and repair of parking meter poles and related infrastructure
as requested by the department of budget and fiscal services. (Sec. 15-22.3, R.O.
1978 (1983 Ed.); Am. Ord. 04-32)
Sec. 15-22.4 Parking time limits.
(a) Except as otherwise allowed by law or permit, parking or standing a vehicle
in a designated space in the downtown and civic center area (which is
bounded by River Street to Vineyard Boulevard, then along Vineyard Boulevard to Punchbowl
Street, then along Punchbowl Street to Beretania Street, then along Beretania Street to
Alapai Street, then along Alapai Street to King Street, then along King Street
to Punchbowl Street, and along Punchbowl Street to the waterfront), and the Waikiki
and City Hall parking meter zones shall be lawful between the hours of
7 a.m. and 6 p.m. unless otherwise provided by law on any day
except Sundays and public holidays, upon payment by a method allowed by parking
meter, including, but not limited to, credit or debit cards, smart cards and
coins of the following amounts in a one-dollar-fifty-cents per hour zone: twenty-five cents
for 10 minutes; seventy-five cents for 30 minutes; one dollar and fifty cents
for 60 minutes or one hour. Provided, however, that with respect to those
parking meter zones in areas other than those designated above the deposit of
the following amounts shall be required: twenty-five cents for 20 minutes; and seventy-five
cents for 60 minutes or one hour. Each parking meter, when operated, shall
either display the expiration of the period of legal parking, or issue a
receipt indicating the date and time of expiration.
(b) The director of transportation services shall fix and indicate the time limitations for
legal parking in such zones; and the hours during the day when the
parking meter or meters must be used and when the time limitations for
legal parking in such zones shall be effective, on the parking meter or
meters and/or by appropriate sign or signs posted in proximity to such meter
or meters in said zones.
(c) A special transit service vehicle may park or stand in a designated space
without charge or necessity of paying the parking meter when loading or unloading
a mobility handicapped passenger; provided, that the vehicle shall not park or stand
in the designated space:
(1) For more than 15 minutes; or
(2) During hours when parking in the designated space is prohibited.
(Sec. 15-22.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-58, 89-78,
04-21, 04-32)
Sec. 15-22.5 Placement of parking meters.
(a) The parking meters installed in the parking meter zones as established and provided
for in Section 15-22.2 shall be placed upon the curb or public parking
area immediately adjacent to the individual parking spaces heretofore mentioned or in the
use of multispace parking meters at a location in the vicinity of the
parking spaces. Each parking meter shall be placed or set in such manner
as to show or display by a signal that the parking space adjacent
to such meter is or is not legally in use or, if required
by the directions on the parking meter, the vehicle operator shall place or
cause to be placed the receipt provided in or on the vehicle according
to the directions on the meter.
(b) The director of transportation services may, upon request of the owner, tenant or
occupant of the abutting property, remove or relocate any parking meter which obstructs
or interferes with the construction of any authorized driveway or the construction of
improvements on the abutting property; provided, however, the person requesting the removal or
relocation of the parking meter or meters shall reimburse the city for all
costs incurred in the removal or relocation, including costs of labor, materials and
equipment.
(Sec. 15-22.5, R.O. 1978 (1983 Ed.); Am. Ord. 04-32)
Sec. 15-22.6 Method of parking.
Except as otherwise specifically stated on the parking meter or signage, when a
parking space in any parking meter zone is parallel with the adjacent curb
or sidewalk, any vehicle parked in such parking space with an individual parking
meter shall be parked within the parking space lines or pavement markings with
the front of such vehicle nearest to the parking meter. In the case
of the use of a multispace parking meter, the vehicle shall be parked
within the parking space lines or pavement markings with the front of the
vehicle pointing in the direction of traffic, except as otherwise specifically stated on
the parking meter or signage. When a parking space in any parking meter
zone with individual parking meters is diagonal to the curb or sidewalk, any
vehicle parked in such parking space shall be parked within the parallel parking
space lines with the front of such vehicle nearest to such meter, except
as otherwise specifically stated on the parking meter or signage. For multispace parking
meters with parking spaces diagonal to the curb or sidewalk, any vehicle parked
in such parking space shall be parked within the parallel parking space lines
with the front of such vehicle adjacent to the curb or sidewalk. (Sec.
15-22.6, R.O. 1978 (1983 Ed.); Am. Ord. 04-32)
Sec. 15-22.7 Operation of parking meters.
Except in a period of emergency determined by an officer of the fire
or police department, or in compliance with the directions of a police officer
or traffic control sign or signal, when any vehicle is parked in any
parking space which is regulated by a parking meter, the operator of such
vehicle shall, upon entering such parking meter space, immediately make the proper payment
by a method as is required for such parking meter and as is
designated by directions on the meter, and when required by the directions on
the meter, the operator of such vehicle, after payment, shall also set in
operation the timing mechanism on such meter in accordance with directions appearing thereon
or place the receipt provided by the meter in or on the vehicle
in accordance with the directions appearing on the meter. For a vehicle other
than a motorcycle, the receipt shall be placed on the dashboard on the
driver’s side of the vehicle with the date and time of expiration clearly
visible from outside. For a motorcycle, the receipt shall be affixed to the
windshield or handlebars with the date and time of expiration clearly visible. The
failure to make payment, set the timing mechanism in operation, or place the
receipt in or on the vehicle, when so required, shall constitute a violation
of this section. Upon payment and the setting of the timing mechanism in
operation or placing the parking meter receipt in or on the vehicle, when
so required, the parking space may be lawfully occupied by such vehicle during
the period of time which has been prescribed for the part of the
street or public parking area in which the parking space is located; provided,
that any person placing a vehicle in a parking meter space served by
a meter which indicates that unused time has been left in the meter
by the previous occupant of the space shall not be required to make
payment so long as such person's occupancy of the space does not exceed
the indicated unused parking time. If a vehicle remains parked in any parking
space beyond the parking time limit set for such parking space, and if
the meter indicates such illegal parking, or if the noted date and time
on the receipt has expired, then and in that event, such vehicle shall
be considered as parking overtime and beyond the period of legal parking time,
and such parking shall be deemed a violation of this traffic code. (Sec.
15-22.7, R.O. 1978 (1983 Ed.); Am. Ord. 04-32)
Sec. 15-22.8 Charge for enclosure or obstruction of parking meter spaces incidental to construction.
(a) Before any person (other than any governmental agency) encloses, obstructs or causes to
be enclosed or obstructed any parking meter space or portion thereof, incidental to
erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting or demolishing any building
or structure, such person shall pay to the department of transportation services of
the City and County of Honolulu a sum calculated at the rate of
three dollars for each such parking meter space for each day or fraction
thereof, exclusive of Sundays and public holidays, on which such space shall be
so enclosed or obstructed.
(b) No permit to enclose or obstruct any sidewalk or street area required under
the "Rules and Regulations Governing the Use of Traffic Control Devices at Work
Sites on or Adjacent to Public Streets and Highways" adopted by the state
highway safety coordinator pursuant to HRS Section 286-8 on April 11, 1968 shall
be issued by the director of transportation services of the City and County
of Honolulu to any person to whom the foregoing provision is applicable until
such person has made a deposit of the aforesaid sum, based on the
estimated number of days during which the parking meter spaces shall be so
enclosed or obstructed. Such person shall notify the department of transportation services immediately
upon termination of such enclosure or obstruction.
(c) All moneys due and collected hereunder shall be deposited in the highway fund
created by HRS Chapter 249, as amended. In the event there is a
variance between the amount collected and the amount due, adjustment shall then be
made by or with the department of transportation services.
(Sec. 15-22.8, R.O. 1978 (1983 Ed.); Am. Ord. 04-21)
Sec. 15-22.9 Collections.
It shall be the duty of the chief of police of the Honolulu
police department to designate some member or members in the Honolulu police department
to make regular collections of the coins and currency deposited in the parking
meters. The person or persons so designated shall make a record in duplicate
of the number shown registered on the coin and currency counter of each
parking meter whenever coins and currency are removed therefrom. The coins and currency
so removed shall be taken, together with the duplicate copy of the record
above mentioned, to the city treasury for count by the chief of treasury
and deposit into the highway fund, created by HRS Chapter 249, as amended.
The Honolulu police department shall coordinate with the department of budget and fiscal
services in ensuring that there is a proper accounting of payments by methods
other than coins and currency deposited into the parking meter. (Sec. 15-22.9, R.O.
1978 (1983 Ed.); Am. Ord. 04-32)
Sec. 15-22.10 Use of fund.
In addition to other authorized purposes, the moneys in the highway fund created
by HRS Chapter 249, as amended, shall be used for supervising, controlling and
regulating parking of vehicles in the parking zones created hereby; for the purchase,
rental, acquisition, supervision, protection, inspection, installation, operation, maintenance, control, regulation, collection and use
of the parking meters described herein, of off-street parking spaces, and of other
facilities and properties for parking purposes; and for purposes and functions of traffic
control and safety upon the highways and streets in the City and County
of Honolulu. (Sec. 15-22.10, R.O. 1978 (1983 Ed.))
Sec. 15-22.11 Violations.
No person shall violate the following provisions:
(a) Cause, allow, permit or suffer any vehicle registered in the name of, or
operated by, such person to be parked overtime, or beyond the period of
legal parking time established for any parking meter zone as herein described;
(b) Cause, allow, permit or suffer any vehicle to be placed or remain in
any parking space while the meter regulating the parking space is displaying a
signal indicating illegal or overtime parking, or the receipt issued by the parking
meter has expired. A special transit service vehicle shall not be deemed in
violation of this subsection when loading or unloading a mobility handicapped passenger as
long as the parking space is not occupied for more than 15 minutes;
(c) Park any vehicle across any line or marking of a parking meter space
or in such position that the vehicle is not entirely within the area
designated by such lines or markings;
(d) Deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness
of any parking meter installed under the provisions of this traffic code;
(e) Deposit or cause to be deposited in any parking meter any slug, device,
metal or other substance, or other substitute for lawful United States coins or
currency;
(f) Deposit or cause to be deposited in a parking meter a coin or
coins or currency or make payment by credit, debit or smart card for
the purpose of increasing or extending the parking time of any vehicle beyond
the legal parking time, or fraction thereof, which has been established for the
parking space adjacent to which such parking meter is placed;
(g) Fail to pay the charges as required under Section 15-22.8;
(h) Permit any special transit service vehicle to remain in a parking space without
charge for more than 15 minutes or during hours when parking is prohibited,
even if loading or unloading a mobility handicapped passenger;
(i) Permit any vehicle to be or remain parked in a tow zone during
tow zone hours, unless the parking is permitted under and in compliance with
Section 15-14.8;
(j) Fail to display a receipt issued by a parking meter so that the
date and time are clearly visible or otherwise not in compliance with the
instructions on the parking meter; and
(k) Alter, duplicate, or transfer to another vehicle operator any receipt issued by a
parking meter.
(Sec. 15-22.11, R.O. 1978 (1983 Ed.); Am. Ord. 89-58, 90-77, 04-32)
Article 23. Off-Street Parking
Sections:
15-23.1 Designation and allocation of parking meter spaces or parking spaces.
15-23.2 Metered parking facilities.
15-23.2A Attendant parking facilities.
15-23.2B Unclaimed vehicles.
15-23.2C Special transit service vehicles.
15-23.2D Review and amendment of parking rates and terms.
15-23.3 Business hours.
15-23.4 Signs.
15-23.5 Use of revenues.
15-23.6 Violations.
15-23.7 Permitted commercial use of public off-street parking facilities by the city-sponsored People's Open
Market.
Sec. 15-23.1 Designation and allocation of parking meter spaces or parking spaces.
The director of transportation services is authorized and directed to establish, mark and
designate individual parking meter spaces or individual parking spaces for the parking of
a single vehicle therein of appropriate size in public off-street parking facilities. In
all facilities where public monthly parking is authorized, the director shall allocate to
vehicles displaying a valid carpool parking program permit an appropriate number of designated
carpool parking spaces at preferential locations, provided that such designated carpool spaces shall
not be to the detriment of daytime, short-term parkers and disabled persons parking.
For any off-street parking facility under the director's control or supervision, the director
shall give priority on any waiting list for permits for monthly parking spaces
to vehicles with valid carpool parking program permits.
(Sec. 15-23.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 94-61)
Sec. 15-23.2 Metered parking facilities. *
The following time limits, parking fees, and other regulations shall be applicable to
the parking facilities listed: [* Editor’s Note: Ordinance 06-49 shall take effect upon the
department of transportation services’ written announcement, signed by the director of transportation services,
of the conversion of the Kaimuki 1 (12th Avenue/11th Avenue) from metered to
attendant parking.]
Facility
|
Parking Limit
(No. of Hours)
|
Fee Rate
|
Special Hours
|
Other
|
Bishop-Kukui (Area 2)
|
3
|
$1.50/Hour
|
|
|
|
Kuhio-Kaiolu
|
5
|
$1.50/Hour
|
|
|
|
HPD
|
2
|
$1.50/Hour
|
|
Director of transportation services to designate areas and post time limits on meters
or signs.
|
|
Kailua
|
5 and 3
|
$.75/Hour
|
|
Director of transportation services to designate areas and post time
limits on meters or signs.
|
|
Kailua Elderly
|
5 and 3
|
$.75/Hour
|
|
Director of transportation services to designate
areas and post time limits on meters or signs.
|
Kaimuki 2 (Koko Head Ave/
12th Ave)
|
2
|
$.75/Hour
|
|
Director of transportation services to designate areas and post time limits on
meters or signs.
|
|
Civic Center
|
3
|
$1.50/Hour
|
|
|
|
Salt Lake
|
|
$.50/2 Hours
$.10/Hour
|
|
Time limits, not to exceed the maximum, to be fixed by director of
transportation services and posted on meters or signs.
|
|
Palace Square
|
½
|
$.75/Half-hour
|
|
|
|
Harbor Village (River-Nimitz)
|
2
|
$1.50/Hour
|
|
|
|
Wahiawa
|
1
|
None
|
|
Director of transportation
services to designate areas and post time limits on meters or signs.
|
(Sec. 15-23.2,
R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-48, 89-58, 89-78, 90-98,
91-13, 91-72, 92-24; Added by Ord. 94-61; Am. Ord. 97-06, 04-21, 04-32, 06-49)
Sec. 15-23.2A Attendant parking facilities.
(a) The following time limits, parking fees, and other regulations shall be applicable to
the parking facilities listed:
Facility
|
Primary Period
Hours/Rates
|
Secondary Period
Hours/Rates
|
Public Monthly
Rate
|
Lost Ticket
Charge
|
Business
Validation
|
Other
|
|
Alii Place (Alakea-Richards: Area 4a)
|
Monday-Friday
6 a.m.-5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$155.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized.
|
|
Harbor Court (Kaahumanu: Area 6)
|
Monday-Friday
6 a.m.-5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$140.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized.
|
|
Marin Tower (Maunakea-Smith: Area 3)
|
Monday-Friday
6 a.m.-5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$125.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized. Commercial tenant rate: $125/month. Low-moderate income residential rate: $40/month.
Gap group income residential rate: $60/month. Market residential rate: $80/month.
|
|
Kukui Plaza
|
Monday-Friday,
except holidays
6 a.m.- 5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$100.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early bird all-day
parking authorized. Low-moderate income resident rate: $40/month.
|
|
Hale Pauahi
|
Monday-Friday
except holidays
6 a.m.- 5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$90.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized. Commercial tenant rate: $90/month.
Below-market unit resident rate: $40/month.
Market unit resident rate: $60/month.
River-Pauahi resident rate: $40/month.
Pauahi Kupuna Hale resident rate: $10/month.
|
Facility
|
Primary Period
Hours/Rates
|
Secondary Period
Hours/Rates
|
Public Monthly
Rate
|
Lost Ticket
Charge
|
Business
Validation
|
Other
|
|
Harbor Village (River-Nimitz)
|
|
|
|
|
|
Commercial tenant rate: $150/month.
Low-moderate income resident rate: $40/month.
Gap group income resident rate: $60/month.
Market unit resident rate: $80/month.
Residential stalls may be reallocated to other residential tenants at the specified rates.
|
|
Chinatown
Gateway Plaza (Bethel-Hotel)
|
Monday-Friday
6 a.m.- 5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$150.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized. Commercial tenant rate: $150/month.
Low-moderate income resident rate: $40/month.
Gap group income resident rate: $60/month.
Market unit resident rate: $80/month.
|
Kekaulike Courtyards
(Kekaulike Area 7)
|
Monday-Friday
except holidays
6 a.m.-5 p.m.
$.75/half-hour first 2 hours, $1.50/half-hour thereafter
|
Monday-Friday
5 p.m.-midnight,
Sat., Sun., holidays
6 a.m.-midnight
$.50/half-hour, maximum $3.00
|
$125.00
|
$21.00
|
At primary rates, as may be adjusted.
|
Carpool parking program authorized. Early
bird all-day parking authorized. Commercial tenant rate: $125/month.
Low-moderate income resident rate: $40/month.
Gap group income resident rate: $60/month.
Market unit resident rate: $80/month.
|
|
Smith-Beretania
|
Monday-Friday 6 a.m. – 5 p.m. $.75/half-hour first 2 hours
$1.50/half-hour thereafter
|
Monday – Friday 5 p.m. – midnight, Sat., Sun., holidays 6 a.m.- midnight $.50/half-hour
maximum $3.00
|
$125.00
|
$21.00
|
At primary rates as may be adjusted.
|
Carpool parking program authorized. Early bird all-day
parking authorized.
|
|
Kaimuki 1 (12th Ave/11th Ave)
|
Monday-Friday except holidays 5 a.m. – 11 p.m. $.75/hour
first 2 hours, and $1.50/hour thereafter. First 20 minutes free.
|
Sat., Sun., holidays 6
a.m. – midnight $.75/hour.
|
$125.00
|
$21.00
|
At primary rates, as may be adjusted.
|
|
(b) The director of transportation services shall determine the occupancy rate of the facilities
listed in this section on a semiannual basis. If the occupancy rate equals
or exceeds 90 percent of the facility's capacity, the primary and secondary parking
rates shall be increased by 15 cents per half-hour for the first two
hours, and 30 cents per half-hour thereafter, provided that in no event shall
the rates exceed three dollars per hour for the first two hours and
four dollars and 50 cents per hour thereafter. If the occupancy rate decreases
by 20 percent over the occupancy rate for the immediately preceding period of
six months, the primary and secondary parking rates shall be decreased by 15
cents per half-hour for the first two hours and 30 cents per half-hour
thereafter, provided that in no event shall the rates be reduced below the
rates specified in subsection (a).
For the purposes of this subsection, "occupancy rate" shall mean the ratio, over
a given time period, between the portion of the time vehicles were parked
in a facility's parking spaces versus the total available space hours.
Any change in the rates shall become effective 30 days after its establishment
by the director. At least seven days prior to the effective date, the
director shall post a notice of the change at the affected parking facility.
(c) The director of transportation services shall designate appropriate portions of each facility listed
in subsection (a) for the parking, free of charge, of bicycles, motorcycles, motor
scooters, and mopeds, as defined in HRS Section 291C-1.
(d) The director of transportation services may establish a carpool parking program where authorized
in subsection (a) and set monthly carpool parking rates which shall be no
more than 70 percent of the public monthly rate established for each facility.
In any facility where monthly carpool parking is authorized by this section, no
less than 50 percent of spaces set aside for the public monthly parking
program shall be allocated for the carpool parking program; provided that the director
may reduce the percent of carpool parking stalls upon the director's findings that
the demand for such spaces is less than 50 percent. Carpool spaces shall
be in preferential locations and a valid carpool parking program permit shall be
required for all vehicles parked in the designated carpool parking spaces or paying
carpool parking rates.
(e) The director of transportation services may establish an all-day early bird parking program
where authorized in subsection (a) and set the all-day fee to be charged
therefor; provided that in no event shall the early bird parking program be
implemented to the detriment of daytime, short-term parkers nor shall such programs be
implemented at any facility unless carpool spaces have been designated and offered at
reduced parking rates as required in subsection (d). In any facility that the
director of transportation services implements all-day early bird parking, the director shall offer
all-day early bird carpool parking at a reduced rate which shall be no
more than 70 percent of the daily all-day rate.
(f) Commercial tenants and residents of city projects applying for authorization to use designated
parking stalls therein shall be certified by the department of facility maintenance. Where
authorized in subsection (a), business validation shall be for downtown businesses only.
(g) When an ordinance increasing parking fees for monthly tenants of any city attendant
parking facility is enacted, the department of facility maintenance shall immediately post signs
at the affected facility notifying all monthly tenants of the increase. No increase
on monthly parking rates shall be collected until 90 days after the signs
have been posted.
(Added by Ord. 94-61; Am. Ord. 97-06, 04-21, 04-32, 04-40, 06-49)
Sec. 15-23.2B Unclaimed vehicles.
When any vehicle not belonging to a commercial or residential tenant is not
called for at closing time, such vehicle shall not be delivered to the
owner or driver thereof until such time as the parking facility is again
open for business and a charge of one dollar, together with the charges
hereinabove specified remaining unpaid, shall have been paid by such owner or driver.
Further, should the owner or driver fail to claim or call for such
vehicle within 24 hours after the parking facility is again open for business,
the chief of police shall remove or cause to be removed such vehicle
from the parking facility, and the owner or driver thereof shall be liable
for all reasonable expenses incurred by such removal, as well as the charges
herein specified. In no event shall the City and County of Honolulu be
responsible for any claim by reason of loss, theft or conversion of, or
for any damage or injury to, a vehicle parked in the parking facility.
(Added by Ord. 94-61)
Sec. 15-23.2C Special transit service vehicles.
When a special transit service vehicle parks in a public off-street parking facility
to load or unload a mobility handicapped passenger, there shall be no charge
for the first 15 minutes; provided that the waiver of charge shall not
be applicable when a concession agreement applicable to the public off-street parking facility
prohibits the waiver. (Added by Ord. 94-61)
Sec. 15-23.2D Review and amendment of parking rates and terms.
Every three years beginning no later than July 1, 1995, the director of
transportation services shall review the rates charged and applicable parking terms of all
municipal off-street parking facilities as to their consistency with city transportation policies, appropriateness
with respect to adjacent land uses, and comparability with private parking rates. The
director shall prepare and submit to the city council for its consideration any
recommended amendments to the prevailing parking rates and applicable terms in the form
of a bill for an ordinance. (Added by Ord. 94-61)
Sec. 15-23.3 Business hours.
Except as otherwise specifically provided, all public off-street parking facilities shall be open
for business seven days per week, 24 hours per day. Notwithstanding the foregoing
provisions, whenever any special event or occurrence shall require extra parking spaces in
the downtown area, the director of transportation services is authorized to extend the
business hours of any "Class D" and "Class F" facility, including opening for
business on any Sunday or holiday. (Sec. 15-23.3, R.O. 1978 (1983 Ed.))
Sec. 15-23.4 Signs.
Appropriate signs indicating the parking charges, as well as the hours that such
facility is open for business, shall be installed and maintained at each public
off-street parking facility. (Sec. 15-23.4, R.O. 1978 (1983 Ed.))
Sec. 15-23.5 Use of revenues.
(a) All revenues derived from the operation and use of the public off-street parking
facilities, other than the River-Nimitz, Bethel-Hotel (Chinatown Gateway Plaza) and Hale Pauahi parking
facilities, shall be collected and deposited as prescribed in Section 15-22.9, and such
revenues shall be used as prescribed in Section 15-22.10.
(b) All revenues derived from the operation and use of the River-Nimitz and Bethel-Hotel
(Chinatown Gateway Plaza) parking facilities shall be deposited into the housing development special
fund. Such revenues may also be used to provide for all expenses of
operation, maintenance, improvement and betterment of the facilities.
(c) All revenues derived from the operation and use of the Hale Pauahi parking
facility shall be deposited into the rental assistance fund as prescribed in Section
6-45.2.
(Sec. 15-23.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 91-13)
Sec. 15-23.6 Violations.
No person shall violate the following provisions:
(a) Refuse or fail to pay the parking charges specified in Section 15-23.2;
(b) Park any vehicle, except one which is not called for at closing time,
in a public off-street parking facility when not open for business;
(c) Park any vehicle across any line or marking of a parking space or
in such position that the vehicle is not entirely within the area designated
by such lines or markings;
(d) Tamper with or damage any vehicle other than the person's own parked in
a public off-street parking facility;
(e) Park any vehicle for the purpose of washing, cleaning, greasing or repairing such
vehicle, except repairs necessitated by an emergency;
(f) Except as provided in Section 15-23.7, display for sale, or sell, goods or
merchandise;
(g) Travel at a speed in excess of 10 miles per hour;
(h) Disregard any official direction, instruction or restriction indicated by or on official signs
posted therein.
(Sec. 15-23.6, R.O. 1978 (1983 Ed.); Am. Ord. 90-77, 92-121)
Sec. 15-23.7 Permitted commercial use of public off-street parking facilities by the city-sponsored People's
Open Market Program.
(a) The department of transportation services may issue a permit, at no cost, to
the department of parks and recreation to conduct the People's Open Market program
in those municipal off-street surface parking facilities located in residential neighborhoods not zoned
for business, commercial, or industrial use, under the following guidelines:
(1) No one facility may be used more frequently than once a week;
(2) The facility may be used for no more than four hours on any
one day and may only be used between the hours of eight a.m.
and four p.m.;
(3) The department must first find that the facility is one which generally has
space available during the hours for which the permit is issued and that
the public off-street parking needs of the surrounding residential community will not be
adversely affected by issuance of the permit; and
(4) The persons in charge of the People's Open Market program shall ensure that
the facility is left in a clean and sanitary condition following its use.
(b) The permit shall state the day(s) and hour(s) during which it is in
effect and may include other reasonable conditions and restrictions on the People's Open
Market use permitted in subsection (a).
(c) The permits may be issued on a per-use, a per-month, a biennial, or
an annual basis.
(Added by Ord. 92-121)
Article 24. Miscellaneous Provisions
Sections:
15-24.1 Tampering with vehicle.
15-24.2 Putting glass or other injurious substances on a highway.
15-24.3 Tracking mud onto the highway.
15-24.4 Driving through funeral or other processions.
15-24.5 Unlawful riding.
15-24.6 Obstruction of intersection.
(15-24.7 Warning signs required for the protection of workers on the highway. Repealed by
Ord. 95-15.)
15-24.7 Reserved.
15-24.8 Restricting animals and livestock on highways.
(15-24.9 Operating a vehicle while under the influence of intoxicating liquor. Repealed by Ord.
95-15.)
15-24.9 Reserved.
15-24.10 Parking for disabled persons.
15-24.11 Off-street parking for disabled persons at City Hall.
15-24.12 Attention to driving.
15-24.13 Restrictions on federal-aid highways.
15-24.14 Transportation of explosives through tunnels.
15-24.15 Restrictions on freeways.
15-24.16 Restriction of motorized vehicles on pedestrian overpass or underpass.
15-24.17 Miscellaneous traffic controls.
15-24.18 Anti-speed bumps.
15-24.19 Slow-moving vehicles--Requirement of emblems.
15-24.20 Parades.
15-24.21 Permits for special transit service vehicles.
15-24.22 Carrying animal in vehicle.
Sec. 15-24.1 Tampering with vehicle.
(a) No person shall, without the consent of the owner or person in charge
of a vehicle, climb upon or into any such vehicle with the intent
to commit any injury thereto or with the intent to commit any crime,
whether such vehicle is in motion or at rest. The following persons shall
not be deemed in violation of this subsection:
(1) A police officer, when authorizing the entering or opening of a motor vehicle
and silencing of an alarm system, as provided under Section 41-29.7; and
(2) An owner, operator or employee of a tow service, when entering or opening
a motor vehicle and silencing an alarm system under the authorization of a
police officer, as provided under Section 41-29.7.
(b) No person, without the consent of the owner or person in charge of
a standing unattended vehicle, shall manipulate any of the levers, brakes or other
devices thereon; provided, however, that an operator of a motor vehicle may release
the brakes and move a standing unattended vehicle for the purpose of extricating
the operator's vehicle from a parking location. Persons authorized by Sections 15-13.8, 15-13.9,
and 41-29.6 are excepted from this provision.
(Sec. 15-24.1, R.O. 1978 (1983 Ed.); Am. Ord. 90-3, 96-58)
Sec. 15-24.2 Putting glass or other injurious substances on a highway.
(a) No person shall throw or deposit upon any street or highway any glass
bottle, glass, nails, tacks, wire, cans or any other substance or object likely
to injure any person, animal or vehicle on a highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any
highway any destructive or injurious material shall immediately remove the same or cause
it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove
any glass or other injurious substance dropped upon the highway from such vehicle.
(d) Upon finding probable cause to believe that there has been a violation of
this section, the police officer may either arrest the person believed to be
in violation or may issue to that person a summons and citation in
accordance with HRS Section 803-6.
(e) Any person violating any provision of this section shall be subject to a
fine of up to $1,000 and/or up to five days' imprisonment.
(Sec. 15-24.2, R.O. 1978 (1983 Ed.); Am. Ord. 01-17)
Sec. 15-24.3 Tracking mud onto the highway.
No vehicle using the public highway shall track mud or dirt onto the
traveled portion of such highway in such quantities as will constitute a hazard
when the roadway is wet, or obscure the painted pavement markings thereon. In
the event that mud or dirt is unavoidably tracked onto the highway, it
shall be the duty of the operator of the offending vehicle to have
such mud or dirt removed as quickly as possible. (Sec. 15-24.3, R.O. 1978
(1983 Ed.))
Sec. 15-24.4 Driving through funeral or other processions.
(a) No person shall drive a vehicle between the vehicles comprising a funeral or
other authorized procession while they are in motion and when such vehicles are
conspicuously designated as by law required. This provision shall apply at intersections where
traffic is controlled by traffic control signals or by police officers. When the
lead car of any funeral or other procession has entered any intersection, notwithstanding
the light conditions at those intersections controlled by signal devices, then all other
traffic shall yield the right-of-way to all vehicles comprising such funeral or other
procession until it has passed through the intersection. The foregoing provisions of this
section shall apply only to such funeral or other processions moving under police
escort.
(b) No funeral procession shall be permitted during the hours of six-thirty to eight-thirty
a.m. and three-thirty to five-thirty p.m., Monday through Friday, except holidays.
(c) A funeral procession composed of any number of vehicles shall be identified as
such by the conspicuous display on the top center of each vehicle of
a device not less than eight inches long and four inches high, predominantly
black or violet in color with the word "Funeral" imprinted on each side
thereof in letters no less than one and one-quarter inches in height, and
the display on the top center of both the lead vehicle and the
end vehicle of a flashing amber light having a minimum diameter of six
inches. Such devices and the lights shall be fastened to the vehicles by
means of magnets or suction cups. While in the procession each driver shall
turn on the head lamps of his or her vehicle as further identification.
(Sec. 15-24.4, R.O. 1978 (1983 Ed.))
Sec. 15-24.5 Unlawful riding.
(a) Except as otherwise provided in subsection (b), no person shall ride on any
vehicle or any portion of a vehicle nor shall the operator of any
vehicle permit any person to ride on any vehicle or any portion of
a vehicle not designed or intended for the use of passengers.
(b) Persons may ride or be permitted by the vehicle operator to ride in
a vehicle or portion of a vehicle not designed or intended for the
use of passengers under the following circumstances:
(1) When riding within a trailer in a space intended for merchandise;
(2) When engaging in the necessary discharge of an employment duty; or
(3) When riding in the bed or load-carrying area of a truck;
provided, that persons riding in the bed or load-carrying area of a pickup
truck shall be subject to HRS Section 291-14, whether or not engaging in
the necessary discharge of an employment duty.
(Sec. 15-24.5, R.O. 1978 (1983 Ed.); Am. Ord. 89-130)
Sec. 15-24.6 Obstruction of intersection.
(a) No wall, fence, sign, hedge, tree, shrubbery or other similar structure or plant
growth, or any part thereof, that is more than three feet above the
nearest edge of the abutting roadway shall be erected, planted or maintained at
the corner of any street intersection within the area of a triangle, the
apex of which is at the intersections of the property lines at such
corner, and consisting of two sides each extending 30 feet from such apex
along the respective property lines and the third side being a straight line
connecting the respective end points of the two sides; provided, however, that the
height of any such wall, fence, sign, hedge, tree, shrubbery or similar structure
or plant growth, subject to any height limitation imposed by any law, ordinance
or regulation, may exceed three feet upon determination by the director of transportation
services that the same does not obstruct vision or constitute a traffic hazard.
(b) The chief of police shall cause a notice to be served upon the
owner or occupant of all property where a violation of the above provision
exists, requesting the removal of the obstruction therefrom within one week from the
service of such notice.
(Sec. 15-24.6, R.O. 1978 (1983 Ed.))
(Sec. 15-24.7 Warning signs required for the protection of workers on the highway. Repealed
by Ord. 95-15.)
Sec. 15-24.7 Reserved.
Sec. 15-24.8 Restricting animals and livestock on highways.
(a) No person owning, controlling or having the possession of any livestock or animals,
such as cattle, horses, mules, asses, swine, sheep or goats, shall wilfully or
negligently permit any such livestock or animals to stray upon, or remain unaccompanied
by a person in charge or control thereof, upon any street or highway.
(b) No person shall drive or lead any such livestock upon, over or across
any street or highway without keeping a sufficient number of herders on continual
duty to open the road so as to permit the passage of vehicles.
(Sec. 15-24.9, R.O. 1978 (1983 Ed.))
(Sec. 15-24.9 Operating a vehicle while under the influence of intoxicating liquor. Repealed by
Ord. 95-15.)
Sec. 15-24.9 Reserved.
Sec. 15-24.10 Parking for disabled persons. *[ *Editor's Note: In a memorandum opinion (No. 98-16427), the
U.S. Court of Appeals for the Ninth Circuit held that the fee charged
disabled persons for identification cards that entitle them to parking placards and special
license plates violates the Americans with Disabilities Act.]
(a) Application for and Issuance of Identification Cards, Placards, and Special License Plates. The
following provisions shall govern applications for and issuance of identification cards, placards, and
special license plates to disabled persons:
(1) In order to be considered for issuance of an identification card, a placard,
or special license plates, an applicant shall present a completed application form, with
a completed certificate of disability section, to the director of transportation services. This
form shall be provided to applicants by the department of transportation services. To
the extent required by HAR Sections 19-150-4 and 19-150-6, the applicant shall also
present proof of being the person named on the application form and proof
of being a legal resident of the State of Hawaii.
(2) If, upon review of the application and certificate of disability, the director of
transportation services determines that the applicant is a disabled person and has otherwise
submitted a valid application, the director shall approve the application and, upon receiving
payment of the application fee prescribed in subdivision (7), shall issue to the
applicant one identification card, and upon request of the applicant, one placard of
the appropriate type. Upon request and payment of the fee prescribed in subdivision
(7), the director of transportation services shall issue to any applicant, who does
not have special license plates, one additional placard of the appropriate type.
(3) Any person who has a disabled identification card and disabled parking placard issued
by the city, which is valid and effective on the effective date of
the ordinance amending this section, may be issued, upon application and payment of
the application fee prescribed in subdivision (7), a new placard, a new identification
card, and special license plates without submitting a new certificate of disability if
such person qualifies as a "disabled person" as defined in Section 15-2.18.
For the purposes of this subdivision, a valid and effective disabled parking placard
or disabled identification card issued by another county of the State of Hawaii
shall be deemed a disabled parking placard or disabled identification card, whichever is
appropriate, issued pursuant to this section.
(4) Any person whose certificate of disability indicates that the person is permanently disabled
and whose application pursuant to this section has been approved by the director
of transportation services, upon request to the director of finance and subject to
the payment of all applicable taxes, fees and other charges including the fee
for numbered plates, shall be issued special license plates by the director of
finance for a vehicle registered in the person's name and used primarily to
transport the person.
(5) Identification cards and placards, except temporary identification cards and placards, shall be valid
for the period of time indicated on the identification card and placard, which
period of time shall be either four years from the date of issuance
or the period of time for which the physician furnishing the certificate of
disability has determined that the applicant will have the disability, whichever is less.
Whenever a certificate of disability indicates that a person is a disabled person
but is not anticipated to be permanently disabled, the temporarily disabled person shall
be issued a temporary placard and a temporary identification card, upon payment of
the application fee prescribed in subdivision (7), in lieu of a regular placard
and a regular identification card. Temporary placards and temporary identification cards shall be
valid for the period of time indicated on the placard and identification card,
which period of time shall be either six months from the date of
issuance of the certificate of disability or the period of time for which
the physician furnishing the certificate of disability has determined that the applicant will
have the disability, whichever is less. A temporary placard and temporary identification card
may be renewed, upon payment of the fees prescribed in subdivision (7), for
additional periods of up to six months so long as the person to
whom they were issued continues to qualify as a disabled person. The department
of transportation services shall require the applicant for renewal of a temporary placard
and temporary identification card to present a supplemental certificate of disability.
(6) The application and review requirements and fees for renewal or replacement of identification
cards, placards and special license plates shall be identical to those governing the
initial application; provided that a new certificate of disability shall not be required
if the disabled person has once been certified as being permanently disabled.
(7) The application fee for the issuance or renewal of a regular or temporary
identification card, with or without either one regular or temporary placard or special
license plates or both special license plates and a regular placard, shall be
$10.00. The fee for an additional regular or temporary placard, to supplement the
initial placard, shall be $10.00. The application fee for replacement of a placard
or identification card, or both, in the event of theft, loss or mutilation,
shall be $10.00. Fees and charges for replacement of special license plates shall
be the same as the fees and charges for replacement of regular license
plates. The expiration date of the replacement shall be the same as the
expiration date of the original identification card, placard or special license plates.
(8) The placards and special license plates issued pursuant to this section shall be
in such form as is prescribed by the state law and rules.
(b) Parking Privilege, Metered Parking Spaces, Conditions. Notwithstanding any other provision of this traffic
code relating to the parking of motor vehicles, any vehicle displaying special license
plates or a placard shall be permitted, and only such vehicles shall be
permitted, to park or stand in any public or private parking space designated
as a parking space reserved for parking for disabled persons, subject to applicable
requirements of the space and the requirements and limitations of the state law
and rules and this section. Such a vehicle shall be permitted to park
or stand in a public metered parking space, in any publicly owned parking
space in an unmetered lot, or in a publicly owned metered parking lot,
without the payment of parking meter fees or other parking fees, to the
extent provided for in HAR Section 19-150-9, when it is otherwise lawful to
do so.
The parking and standing privileges provided in this section shall not apply to
any vehicle:
(1) Parked or standing in a zone in which the stopping, standing, or parking
of all vehicles is prohibited or in a zone which is reserved for
special types of vehicles;
(2) Left unattended for more than 24 hours; or
(3) Defined as a nonconforming vehicle pursuant to the standards of the department of
finance, City and County of Honolulu.
(c) City Parking Spaces Reserved for Disabled Persons.
(1) The head of any department or agency of the city may designate parking
spaces reserved for disabled persons on property within the jurisdiction of the department
or agency, which spaces shall be designed and constructed in accordance with applicable
standards and identified in accordance with standards adopted by the department of transportation
services. Where not in conflict with a contract, such spaces may be designated
despite the property being temporarily within the control of a concessionaire. Signs shall
be installed with a notice, in conformance with HRS Section 290-11, that vehicles
illegally parked or standing in such parking spaces shall be subject to towing.
(2) Use of parking spaces designated pursuant to subdivision (1) shall be subject to
the requirements and limitations of the state law and rules and this section.
(3) No motor vehicle may be parked in or caused to stand in a
parking space reserved for disabled
persons under this subsection except as permitted in this subsection.
(4) Any motor vehicle which is parked or standing in a parking space
reserved for disabled persons
under this subsection in violation of the state law or rules or this
section may be removed from
the parking space and towed to a parking garage or other place of
safety. The expense incurred
in the removal and towing of such vehicle shall be borne by the
registered owner of the vehicle.
(d) Suspension or Revocation of Identification Card, Placards or Special License Plates.
(1) A disabled person's violation of or noncompliance with any provision of the state
law or rules or this section shall constitute sufficient grounds for the immediate
suspension of that person's identification card, placards, and/or special license plates by the
director of transportation services for a period not exceeding six months, or for
the revocation by the director of transportation services of that person's identification card,
placards, and/or special license plates for a period of not less than one
year.
(2) In addition to revocation on the grounds specified in HAR Section 19-150-12, the
director of transportation services shall revoke the identification card, placards, and/or special license
plates of any person who never was or no longer is a disabled
person.
(3) In the case of any suspension or revocation pursuant to this subsection, the
person to whom the identification card and placards were issued shall return them
to the director of transportation services, and shall return the special license plates
to the director of finance; provided that nothing contained herein shall be construed
as relieving that person of the obligation to return the identification card, placards,
and/or special license plates under the circumstances prescribed in the state law or
rules, even though there may not have been a prior suspension or revocation.
(4) Prior to the suspension or revocation of an identification card, a placard or
special license plates, the director of transportation services shall give the person whose
identification card or placard is, or whose special license plates are, proposed to
be suspended or revoked 15 days' notice of the proposed suspension or revocation,
stating the reasons therefor. Such notice shall be sufficient if mailed to the
address stated upon the latest application submitted by the person to the director
of transportation services under subsection (a). The person may demand a hearing on
the proposed suspension or revocation at any time prior to the suspension or
revocation by making a written demand therefor to the director of transportation services.
Upon receiving the demand, the director of transportation services shall schedule a hearing
on the proposed suspension or revocation before a hearings officer to be designated
by the director of transportation services. Notice of the hearing shall be given
to the person at least 15 days prior to the scheduled hearing by
registered or certified mail with return receipt requested. The notice of hearing shall
be sufficient if mailed to the address to which the notice of suspension
or revocation was mailed, unless the person requests in writing that the notice
be mailed elsewhere. Pending the hearing, if demand for a hearing has been
made, the identification card, placards and special license plates shall not be suspended
or revoked. The hearings officer shall determine at the hearing whether there exists
good cause under the state law or rules or under subdivision (1) or
(2) for the proposed suspension or revocation, and shall issue an order either
suspending or revoking the person's identification card, placards, and/or special license plates for
a specified period or prohibiting such suspension or revocation. The hearing provided herein
shall be a contested case hearing and the notice of, procedure for, and
appeal from the hearing and order shall be as provided in HRS Chapter
91.
(e) Penalties.
(1) Any person who parks a vehicle or causes it to stand or be
parked in a parking space reserved for disabled persons other than in connection
with the transportation of a disabled person holding a valid placard or special
license plates, including a vehicle displaying a placard or special license plates, shall
be subject to a fine of not less than $100.00 nor more than
$500.00.
(2) Any person who uses an identification card, placard or special license plates issued
under this section to take advantage of the parking privileges afforded by the
state law or rules or this section knowing that he or she is
not entitled to such privileges, or any disabled person who knowingly permits another
to use the disabled person's identification card, placard or special license plates, shall
be subject to a fine of not less than $100.00 nor more than
$500.00.
(3) Any person who parks a vehicle or causes it to stand or be
parked in a parking space reserved for disabled persons in connection with the
transportation of a disabled person holding a valid placard or special license plates,
but who fails to have the placard or special license plates properly displayed
or who fails to park such vehicle completely within the designated space or
who parks beyond the posted time limitation for the space or beyond 24
hours where there is no posted time limitation for the space or who
fails to comply with any other posted limitations of the space, shall be
subject to a fine of not less than $50.00 nor more than $250.00.
(4) Any person who parks a vehicle or causes it to stand or be
parked in an on-street or off-street metered parking space or in an off-street
unmetered parking lot in connection with the transportation of a disabled person holding
a valid placard or special license plates without payment of the required fees
as authorized by the state law or rules or this section, but who
fails to have the placard or special license plates properly displayed or who
fails to park such vehicle completely within the designated space or who fails
to comply with any posted limitations of the space other than time limitations,
shall be subject to a fine of not less than $50.00 nor more
than $250.00; provided that, where vehicles are not parked completely within the designated
space in areas covered by Section 15-13.3 or 15-23.6, the penalties provided for
in those sections shall apply in lieu of the penalty provided in this
subdivision.
(5) Any person who parks a vehicle or causes it to stand or be
parked in an on-street or off-street metered parking space in connection with the
transportation of a disabled person holding a valid placard or special license plates
without payment of the required fees as authorized by the state law or
rules or this section, but who parks beyond two-and-a-half hours or the maximum
amount of time the meter allows, whichever is longer, shall be subject to
the applicable fine for an expired meter.
(6) Any person who uses an identification card, placard or special license plates issued
under this section, knowing that the identification card, placard or special license plates
is or are expired or has or have been suspended or revoked, to
park a vehicle or cause it to stand or be parked in a
parking space reserved for disabled persons or to park a vehicle or cause
it to stand or be parked in a metered or unmetered parking space
without payment of the required fees, shall be subject to a fine of
not less than $100.00 nor more than $500.00.
(7) Any person who uses an identification card, placard or special license plates, knowing
that the identification card, placard or special license plates which is or are
facsimiles of an identification card, placard or special license plates issued under this
section or which has or have been lost or stolen, to park a
vehicle or cause it to stand or be parked in a parking space
reserved for disabled persons or to park a vehicle or cause it to
stand or be parked in a metered or unmetered parking space without payment
of the required fees, shall be subject to a fine of not less
than $100.00 nor more than $500.00.
(8) Any person who uses an identification card, placard or special license plates issued
under this section, knowing that the person is no longer entitled to use
such identification card, placard or special license plates, to park a vehicle or
cause it to stand or be parked in a parking space reserved for
disabled persons or to park a vehicle or cause it to stand or
be parked in a metered or unmetered parking space without payment of the
required fees, shall be subject to a fine of not less than $100.00
nor more than $500.00.
(9) Any disabled person who refuses or fails to present an identification card issued
under this section to an enforcement officer upon request, in connection with a
vehicle that is or was parked or standing in a parking space reserved
for disabled persons or in an unmetered parking space without payment of the
required fees, shall be subject to a fine of not less than $100.00
nor more than $500.00.
(10) Any disabled person who refuses or fails to present an identification card issued
under this section to an enforcement officer upon request, in connection with a
vehicle that is or was parked or standing in a metered parking space
without payment of the required fees, shall be subject to the applicable fine
for an expired meter.
(11) Any person violating any other provision of the state law or rules or
this section, in connection with a vehicle that is or was parked or
standing in a parking space reserved for disabled persons or in a metered
or unmetered parking space without payment of the required fees, shall be subject
to a fine of not less than $50.00 nor more than $250.00.
(12) For purposes of this subsection, a person who causes a vehicle to stand
or to be parked includes, in the case of a vehicle transporting a
disabled person, both the operator of the vehicle and the disabled person.
(13) The penalties provided in this subsection shall be in addition to the towing
and suspension or revocation provisions of the state law or rules or this
section and any other penalties provided by law.
(f) Reciprocity. The city shall recognize removable windshield placards, temporary removable windshield placards, and
special license plates which are valid and current, and which have been issued
by authorities of other states and countries, for the purpose of identifying vehicles
to which the parking and standing privileges are extended under subsection (b).
(g) Rules. In accordance with HRS Chapter 91, the director of transportation services and
the director of finance may adopt rules, having the force and effect of
law, for the implementation, administration, and enforcement of this section.
(Sec. 15-24.11, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-92, 96-54)
Sec. 15-24.11 Off-street parking for disabled persons at City Hall.
(a) There are established two unmetered parking spaces reserved for disabled persons to be
located within 50 feet of City Hall. The two parking spaces shall be
located in the off-street area immediately in front of City Hall until two
spaces have been identified and constructed in some other location within 50 feet
of City Hall.
(b) The use of the spaces shall be subject to the requirements and limitations
of the state law and rules and Section 15-24.10.
(c) The director and building superintendent or the director of transportation services, as is
appropriate, is authorized and directed to establish, mark and designate the reserved parking
described in subsection (a).
(d) The members of the police department and any other persons authorized by the
chief of police are authorized to enforce this section pursuant to Article 26.
(e) Any person violating this section shall be subject to a fine of not
less than $50.00 nor more than $250.00 for each violation.
(Sec. 15-24.11-A, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-92, 90-77,
95-15, 96-54)
Sec. 15-24.12 Attention to driving.
Every operator of a motor vehicle shall exercise due care in the operation
of such vehicle upon any street or highway in order to avoid collision
with any person, vehicle or other property on or off such street or
highway. (Sec. 15-24.12, R.O. 1978 (1983 Ed.))
Sec. 15-24.13 Restrictions on federal-aid highways.
No person shall, at any time, carry on or solicit business on any
portion of a federal-aid highway. (Sec. 15-24.13, R.O. 1978 (1983 Ed.))
Sec. 15-24.14 Transportation of explosives through tunnels.
No person shall transport, or cause to be transported, any explosives through any
vehicular tunnel which is used by the general public as part of a
public street or highway, except that this provision shall not apply to the
transport of military munitions or military explosives by an operating division of the
United States Department of Defense or its contractors using the H-3 tunnels. The
military munitions or explosives shall be transported in accordance with United States Department
of Defense standard operating procedures. (Sec. 15-24.14, R.O. 1978 (1983 Ed.); Am. Ord.
03-25)
Sec. 15-24.15 Restrictions on freeways.
No unlicensed mobile equipment shall be operated under its own power on any
freeway or any portion thereof when official signs are posted prohibiting such operation.
(Sec. 15-24.15, R.O. 1978 (1983 Ed.))
Sec. 15-24.16 Restriction of motorized vehicles on pedestrian overpass or underpass.
No person shall operate a motorscooter, motorcycle or any motorized vehicle upon any
portion of a pedestrian overpass or underpass. (Sec. 15-24.16, R.O. 1978 (1983 Ed.))
Sec. 15-24.17 Miscellaneous traffic controls.
Miscellaneous traffic controls are established and described in Schedule XXXVIII attached to the
ordinance codified in this section and made a part hereof. * All traffic controls
not covered elsewhere shall be listed under this section. (Sec. 15-24.17, R.O. 1978
(1983 Ed.))
[ * Editor's Note: See the listing of schedules at the beginning of this chapter.]
Sec. 15-24.18 Anti-speed bumps.
The council finds that there may be a need for the installation of
anti-speed bumps on streets located within the city and, therefore, authorizes the use
thereof by the department of transportation services; provided, that the location and installation
of any anti-speed bumps on a particular street or streets within the city
shall be left to the determination of the department of transportation services as
prescribed in Revised Charter Section 6-1703(b). The determination of the location and installation
of any anti-speed bumps shall be made after all of the following conditions
have been considered:
(a) The population count, especially the population of children, indicating the need for anti-speed
bumps to safeguard the lives of the people residing within the immediate vicinity
of the street upon which anti-speed bumps are to be located and installed;
(b) Whether there is sufficient motor vehicular traffic based on the traffic count as
against the population density to warrant the location of anti-speed bumps on a
particular street;
(c) Where the width, configuration and layout of the street would make the location
and installation of anti-speed bumps effective;
(d) That the speed limit and the location and installation of anti-speed bumps will
be compatible;
(e) That the location and installation of anti-speed bumps will not create a dangerous
or hazardous situation to the residents of the streets on which anti-speed bumps
are located; and
(f) No anti-speed bumps shall be located on streets where there are other or
better protective devices which can be utilized to safeguard the lives of the
residents living on or in the vicinity of the streets on which the
location and installation of anti-speed bumps are proposed.
(Sec. 15-24.18, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Sec. 15-24.19 Slow-moving vehicles--Requirement of emblems.
(a) All farm machinery and other machinery, including all road construction machinery except when
guarded by flaggers or flares, designed to operate at 25 miles per hour
or less, hereinafter referred to as "slow-moving vehicles," traveling on a public highway
where permitted by law during day or night, shall display a triangular slow-moving
vehicle emblem on the rear of the vehicle. Registered or legal owners of
such vehicles shall use emblems, as developed by the American Society of Agricultural
Engineers and printed in ASAE Standard ASAE S 276.1, for the purpose of
identifying slow-moving vehicles. The emblem shall be mounted on the rear of the
vehicle, base down, and at a height of not less than three nor
more than five feet from ground to base.
(b) The display or use of such emblem as required by this section shall
be in addition to any lighting devices required by law.
(c) The display or use of this emblem shall be restricted to the display
or use specified by this section and its display or use by any
other type of vehicle or as a clearance marker on wide machinery or
any stationary objects on the highway is prohibited.
(d) The slow-moving vehicles are not permitted to use public highways, unless otherwise permitted
by law, from six a.m. to nine a.m. and from three p.m. to
six p.m. on weekdays from Monday through Friday, except on holidays, notwithstanding Section
15-2.17.
(e) Slow-moving vehicles operated on any roadway open to public travel shall be driven
in the right-hand lane, or as close as practicable to the right-hand curb
or edge of the roadway, except for a distance not to exceed 1,000
feet when preparing for a left turn at an intersection or into a
private road or driveway.
(Sec. 15-24.19, R.O. 1978 (1983 Ed.))
Sec. 15-24.20 Parades.
(a) Definitions. The following words used in this section shall have the meaning ascribed
thereto as provided herein:
“Activity” means the occupation, use or participation in any endeavor other than a
parade that requires the exclusive use of streets as defined in Section 15-2.23.
“Agency” means any federal, state or city agency whose review of a permit
application the director determines or finds to be necessary for the director to
issue such permit.
“Chief of police” means the chief of police of the city, or the
chief's authorized subordinate.
“Department” means the department of transportation services.
“Director” means the director of the department of transportation services, or the director's
authorized subordinate.
“Expressive activity” means speech or conduct, the principal object of which is the
expression, dissemination, or communication by verbal, visual, literary, or auditory means of political,
religious, philosophical, or ideological opinions, views, or ideas and for which no fee
is charged or required as a condition of participation in or attendance at
such activity. Expressive activity generally would not include sports events such as marathons,
fundraising events, beauty contests, commercial events, cultural celebrations or other events the principal
purpose of which is entertainment.
“First Amendment parade or activity” means a parade or activity that constitutes an
expressive activity in which individuals may participate without charge.
“Legacy parades and activities” means any parade or activity that has been held
in the Waikiki special district annually for 15 consecutive years from July 1,
1991 through July 1, 2006, and held every year thereafter.
“Parade” means as defined in Section 15-2.15.
“Public safety” means the safety or protection of any motorists, pedestrians, occupants of
vehicles, participants, spectators and police officers assigned to a parade or activity, or
the protection of any real or personal property.
“Street” means as defined in Section 15-2.23.
“Street block” means as defined in Section 15-2.23.
“Waikiki special district” means the district described in Section 21-9.80-2, including any precinct
thereof established pursuant to Section 21-3.20.
(b) Permit Required. No person shall conduct a parade or activity on streets or
highways, except for funeral processions, parades, marches or processions by members of the
United States Armed Forces, State of Hawaii Armed Forces and city police and
fire departments, or undertake any activity on streets or highways without first obtaining
a permit.
(c) Application.
(1) Any person desiring a permit shall file an application on forms provided by
the director with the department. Information to be submitted on application forms shall
include, but is not limited to:
(A) The date of the parade or activity;
(B) The starting time and estimated duration of the parade or activity;
(C) The route of the parade or activity; and
(D) Whether the parade or activity is a First Amendment parade or activity.
(d) Conditions to Be Met Prior to Issuance of Permit.
(1) Public Purpose. The director shall determine whether the parade or the activity serves
a public purpose. The director may consider that the parade or the activity
is for a public purpose, so long as any private benefit arising out
of the parade or the activity is incidental to the public purpose. For
purposes of this section, a First Amendment parade shall constitute a public purpose.
(2) First Amendment Parades or Activities. Upon receipt of an application for a First
Amendment parade or activity no later than five working days prior to the
date of the event, the director shall immediately transmit a copy of the
application to the corporation counsel, who shall make a recommendation to the director
regarding whether an application meets the requirements of a parade or activity held
for the purpose of participants expressing views or engaging in other activities protected
by the First Amendment of the United States Constitution. The director shall make
the determination to grant or deny the application and shall notify the applicant
of the director’s decision. The application may be denied if inadequate information is
provided to determine whether the parade is a First Amendment parade or activity.
If the application for a First Amendment parade or activity is not denied
within three working days from the date the application is submitted, the application
shall be deemed granted and a permit shall be issued. An application for
a First Amendment parade or activity (1) filed less than five working days
prior to the date of the event or (2) that conflicts with a
permit application that has already been received and/or a permit that has already
been issued by the department, shall be denied.
(3) Other Parades and Activities. Applications for parades and activities that are not First
Amendment parades shall be subject to the requirements of this subdivision.
(A) Non-Waikiki Parades and Other Activities. An application for a parade or activity, other
than one subject to paragraph (B), shall be filed with the department in
accordance with
deadlines set by the director.
(B) Waikiki Parades and Other Activities. The application for a parade or activity subject
to
this paragraph shall be filed in accordance with deadlines set by the director.
The director shall approve, upon the director’s determination that all other conditions have
been or will be met, not more than 15 permits per year for
a parade or activity that:
(i) Has a route, in part or in whole, through the Waikiki special district;
(ii) Would result in the closure of one or more streets for a total
distance of four
street blocks |